The steps to change the destination of a property

In France, it is possible to change the destination of a property. We tell you more in this article.

Distinction between destination and use of a building

First of all, a distinction should be made between the terms “destination of a building” and “use of a building”.
The destination of a building concerns urban planning law. It corresponds to “what a building is built for [and is] among the elements that must be indicated in the urban planning application relating to the property (building permit or prior declaration as the case may be)”.
The use of a building, in turn, “corresponds to an element of fact, relating to what a building is used for. It corresponds to a prerogative of the Construction and Housing Code intended to prevent residential buildings from disappearing in certain municipalities in favor of other uses”.

What are the possible destinations of a property?

There are only nine possible destinations for real estate. These are “limitatively listed by the local urban plan (PLU)”. Here is the list: Housing, Hotel Residence, Offices, Shops, Shops, Shops, Shops, Crafts, Crafts, Industry, Warehouses, Agricultural or forestry, Constructions and installations necessary for public services or of collective interest.
Depending on the case, the change of destination of a property is authorized by the issuance of a non-objection to a prior declaration or a building permit, regardless of whether or not there is work.
As a general rule, it is the notary who analyzes the cases. It takes into consideration the project as well as the explanations and reasons given by the customer who wants this change of destination.

Changing the destination of a property: what are the procedures?

To request a change of destination, you must either file a building permit application or make a prior declaration. In the first case, people who are considering work involving “modifications to the load-bearing structures or to the facade” are concerned. The filing of a prior declaration concerns all other cases.
To change your destination, you must fill out the CERFA forms provided for this purpose.

Transforming a home into a professional space

Do you want to transform a home into a professional space? To do this, you must receive an urban planning authorization.
As explained above, the type of application for planning permission depends on the work planned. If they create more than five square meters of floor area or change the load-bearing structures/facade of the building, a building permit is mandatory. In other cases, only a prior declaration is useful.
In Île-de-France, the urban planning code also provides, “in the event of a change of destination aimed at the creation of work premises”, the obligation to obtain what is called administrative approval. This must be requested if the area concerned by the project is greater than 1,000 square meters.
Note: it is also possible that you will have to carry out private procedures such as asking for the agreement of the other co-owners or even that of your lessor. In addition, note that changes in destinations must be reported to the tax authorities. She will thus be able to update the cadastral rental value of the premises and recalculate the amount of property tax. Finally, the owner has 90 days (three months) to send an IL n06704 declaration to the land registry office on which the premises concerned by the change of destination depend.

Transforming professional premises into housing

Are you planning to transform a business premises into a home? Talk to your town hall to find out what urban planning rules are in force in your municipality.
Is the premises part of a condominium? Consult the rules of the latter to know your rights and duties.
Are you planning major jobs? The rules are the same as for the transformation of a home into professional premises. In addition, calling on an architect is mandatory if the premises have more than 170 square meters of floor area/footprint.
Attention, changing the destination of professional premises into housing involves various fiscal changes (elimination of the territorial economic contribution, for example).

Call on a HOME SELECT real estate hunter to help you.