What are changes of use and why should you definitely take them into account when looking for a new property?
What are changes of use?
Every office or commercial space has an official definition of use that is recorded in the building plan at the responsible building authority. For example, the building authority will register the use of an office space as "office" and a doctor's office as "doctor's office." This specifies exactly what the space may be used for. In addition, the ASR must be complied with for this space (floors, room size, number of doors, etc.).
An example of a change of use would be converting a gym into an office space. If a change of use is to take place, it must always be officially applied for, as a violation of the rules governing changes of use can be punished with heavy fines. Before you plan a change of use, you should therefore ask the responsible building authority for the specifications and clarify whether you need to apply for a change of use or not.
As a rule, a change of use applies to the following projects:
- The conversion of residential space into commercial space
- The conversion of commercial space into residential space
- The conversion of private residential space into rented residential space
- An extension of sales areas
What needs to be changed?
Do you want to convert a residential space into commercial space? Then you must comply with all ASR templates. For example, there must be sufficient escape routes and emergency exits, sound and fire protection templates must be observed, and the room height must be sufficiently high. Please note: The more changes you want to make, the more difficult it will be to get them approved by the building authority. If you have major plans for alterations or conversions, you should definitely consult an architect for advice.
Who applies for the change of use?
If you want to apply for a change of use and you are the owner of the property, you must submit the application yourself. If you are only a tenant, you must discuss your plans with the owner, obtain their consent, and they must then apply to the building authority for the change of use. Trivial, but nevertheless important: Do not change the use of the property without prior consultation with the owner or without the necessary building permit from the building authority. Such an undertaking will be punished with a high fine, a construction freeze and, depending on the progress of the unauthorized construction work, restoration of the property to its original state.
Costs for applying for a change of use
The costs for applying for a change of use are very difficult to determine in advance, as they depend on the scope of the changes and the prices charged by the respective municipality. Whether the owner or the tenant bears the costs must be clarified in advance, as there is no flat-rate regulation for this. As a general rule, costs are also payable if the application for change is rejected.