Converting premises into housing is a growing trend, especially in urban areas where the demand for residential space exceeds the available supply. This process can be an innovative solution for those looking to take advantage of unused commercial space, but is it possible and what does it entail? Here are the steps, legal requirements and practical considerations for transforming premises into a habitable housing.
Legal framework
Before considering any work, it is crucial to understand the legal framework governing the conversion of commercial premises to residential. Regulations vary by location, so it is essential to consult local planning regulations. In many cities, land use is strictly regulated, and changes of use require specific permits.
Steps to Convert a Premises into a Housing
- Consult a Professional: The first step is to talk to an architect or engineer to assess the feasibility of the project. These professionals can help interpret local regulations and design a plan that meets all requirements.
- Permits and Licenses: Obtain all necessary permits from the municipality. This usually includes a land use change permit and building permits. Working with a construction company in Malaga can make this process easier, as they are usually familiar with the local paperwork and regulations.
- Regulatory Compliance: The new home must comply with all regulations for habitability, including ventilation, natural lighting, accessibility and fire safety. In addition, structural works may be required to meet these requirements.
- Carrying out works: Once permissions have been obtained, works can begin. This may include the installation of kitchens and bathrooms, internal partitions, and the adequacy of electrical and plumbing installations.
Economic Considerations
The cost of converting premises to residential use can vary considerably depending on the location, the condition of the premises and the extent of the works required. In addition to construction costs, it is important to consider the taxes and fees associated with the change of land use.
Working with a reputable construction company can provide a detailed quotation tailored to the specific needs of the project, ensuring that both timescales and budgets are met.
Requirements for change of use from premises to Housing
In order for the Gerencia de Urbanismo to approve the change of use of premises to housing, the premises must comply with several requirements established in the General Urban Development Plan (PGOU) of each municipality, in this case Malaga, as well as other regulations. Although many municipalities share common requirements, it is essential to evaluate each specific case. The general requirements are as follows:
- Urban Planning Regulations:
- Review the PGOU: Verify if the change of use is allowed in the General Urban Planning Plan of Málaga.
- General Requirements:
- Maximum Housing Density:
- Calculation: Use the cadastral reference to determine if the building allows more housing units.
- Clear Height:
- Measurement: Minimum of 2.70 meters inside the premises.
- Ventilation and Lighting:
- Conditions: Habitable rooms must have natural openings equivalent to 1/10 of the room’s surface area.
- Minimum Usable Area:
- Study: Minimum of 30.50 m², with kitchen, living room, and bedroom in a single space, and a separate bathroom.
- Housing Program:
- Minimum Rooms: Kitchen, living room, bedroom, and bathroom.
- Minimum Surface Area: Each room must meet a specified minimum surface area.
- Community Statutes:
- Verification: Check that the community statutes do not prohibit the change of use.
- Maximum Housing Density:
- Additional Steps:
- Preliminary Consultation: Confirm with the City Council and an architect.
- Technical Project: Prepared by an architect.
- Building Permit: Application and payment of administrative fees.
- Execution of the Work: Carry out the necessary renovations.
- Certificate of Completion: Issued by the architect.
- First Occupancy License: Application at the City Council.
Advantages of Converting a Commercial Space into a Home
- Space Utilization: In many urban areas, vacant commercial spaces are abundant, and converting them into homes can revitalize these areas.
- Design Flexibility: Without being limited by the pre-existing design of a home, owners can create innovative and personalized spaces.
- Value Increase: Once converted, these spaces can significantly increase in market value, especially in areas with high residential demand.
Frequently Asked Questions
What is a change of use from commercial space to residential?
The change of use from commercial space to residential is the process by which the original function of a commercial or service space (such as a shop, office, warehouse, etc.) is modified to become a residential unit. This change involves meeting a series of technical, legal, and urban planning requirements to ensure that the new space meets the necessary conditions for habitation.
Who can grant the change of use?
The local City Council is responsible for granting the license for the change of use from commercial space to residential. However, it is necessary to have a qualified technician handle the corresponding procedures.
How long does the change of use take?
Each project is different as it depends on the client’s needs. Generally:
Project execution: 1-2 months
Project approval by the Urban Planning Department: 3-9 months
Work execution: 2-4 months
Are there restrictions regarding ceiling height?
Regulations, codes, and construction codes vary between communities. However, generally a minimum height of 2.50 meters from floor to ceiling is required. Our architects are qualified to design and plan the necessary structural modifications to transform a commercial space into a habitable home.
Is it necessary to obtain a certificate of habitability?
If you want to convert a commercial space into a home, it is essential to obtain a certificate of habitability. In some cases, it is also necessary to apply for municipal permits. At Leba, we have a team of consultants and advisors who will guide you and manage the entire certification process.
Why can’t a commercial space be a home?
Commercial spaces cannot be converted into homes without authorization because, in their original state, they do not meet the necessary conditions for habitability, healthiness, and residential use. If you have a commercial space illegally converted into a home:
1. Registration: You will not be able to register your residence in the commercial space.
2. Valuation and Mortgage: The valuation of a commercial space is lower than that of a home, which can cause problems when applying for a mortgage with the bank.
3. Basic Services: If electricity and water services are not registered as commercial activity, it will be more challenging to regularize them later without completing all the necessary legal procedures.
4. Renting: You will not be able to rent the commercial space for residential use.
5. Fines: You could face significant fines for using a commercial space as a home.
Conclusion
Converting a commercial space into a home is a viable and attractive option for many, offering an innovative solution to the problem of residential space shortage in urban areas. However, this process requires careful planning, knowledge of regulations, and collaboration with experienced professionals, such as our construction company, Leba. With the right approach, it is possible to transform a commercial space into a comfortable and legally compliant home.