Change of Use and Reclassification of Land Use

When it comes to altering the use of a property, we speak of a change of use and a change of destination. Unless you are an expert on the subject, it can be difficult to tell the two apart. Here is what can help you distinguish between them.

Change of Use

It is important to note that changes in use are governed by Articles R. 123-9, R. 421-14, and R. 421-17 of the urban planning code. The construction work affects the premises, and the local zoning laws are very clear on this matter. A “change of use” occurs when a property transitions from one category to another: residential, commercial, artisanal, industrial, hospitality, agricultural or forestry, warehousing, or public service or public interest. This list may vary from one municipality to another, so it is advisable to consult the local planning department. If the project involves work intended to modify the building’s facade or its load-bearing structures, then a building permit for change of use is mandatory. If the project does not require any major construction or only involves minor renovation work, a simple prior declaration is required.

Change of Use

Under urban planning codes, real estate property is categorized into only two types of use: residential and non-residential. Consequently, regulations apply to all housing converted for other activities and vice versa. In most cases, however, this involves a residential unit being converted into another use. It is important to note, however, that authorization for a change of use is granted on a personal basis. Therefore, it remains valid only for as long as the authorized beneficiary occupies the premises. Should the beneficiary vacate the property, it must revert to its original use, namely, residential use.

However, in the case of authorization involving compensation, the permit applies to the premises rather than the individual. In this instance, the new use becomes permanent, and the authorization is transferable if the original applicant vacates the property. No authorization is required if the professional activity is conducted by the occupant of the premises, provided the space also serves as their primary residence and the activity does not involve receiving clients. Converting a commercial space into residential housing requires no formal application. Regarding renovations, much like a change of use, a building permit is mandatory if the work involves modifications to the load-bearing structures, while a prior declaration is required for interior remodeling work.

Regarding the prior declaration for works, it is required if the premises have a surface area between 5 and 20m². As for the building permit, it is mandatory for surface areas exceeding 20m². This threshold increases to 40m² if the total area of the entire construction does not exceed 170m². The application plans must be prepared by a professional, and the involvement of an architect is mandatory if the premises exceed 150m². However, since each municipality has its own urban planning scheme and related regulations, it is therefore advisable to seek local guidance.