Lawyer specialized in change of use

Do you want to convert a garage into a dwelling, turn a warehouse into a loft, or convert commercial premises into housing? Do you want to change the use of a dwelling without work and are you looking for a lawyer specialized in change of use? Whether you are an owner or an investor, you can contact our law firm to benefit from the appropriate expertise.

Whether it involves obtaining authorization, regularizing a situation, or defending you in the event of litigation, our expertise in urban planning law will provide you with the best solutions. We can handle all necessary procedures to carry out the change of use. We also intervene for changes of destination, projects involving commercial premises, or residential buildings.

Change of use and applicable planning rules

The concept of destination is a key concept in urban planning law, defined by the Urban Planning Code. It designates the allocation of a building with regard to urban planning rules, i.e., the function for which it was originally designed and authorized when applying for a building permit. It is important to distinguish this concept from use. Destination refers to the legal allocation of the building, while use concerns the actual use made of it by its occupant.

D’après l’article R151-27 et 28 du Code de l’urbanisme, nous avons cinq catégories de destination à savoir :

• agricultural and forestry operation;
• housing;
• trade and service activities;
• collective interest facilities and public services;
• other activities of the secondary or tertiary sectors.

A change of use therefore consists of modifying the legal classification of the building, whether partial or total. For example, converting an agricultural holding into offices constitutes a change of use. You should also note that a change of use does not necessarily modify the classification. Understanding this distinction is essential to avoid unnecessary procedures or non-compliance.

Furthermore, before any change of use project, you must check the rules of the Local Urban Plan (PLU). This document organizes land use planning at the local level by dividing the city into different zones, each subject to specific regulations. Indeed, certain sectors of your municipality may be completely prohibited for housing, particularly in industrial activity zones, intended exclusively for professional activities.

Moreover, in city centers, the PLU (Local Urban Plan) often protects artisanal and commercial spaces in order to preserve local shops. This protection aims to meet the needs of residents. Thus, the conversion of these premises into housing or offices is often prohibited, which reinforces the importance of carefully checking the PLU regulations before embarking on a project to convert or purchase a property.

Whatever project you are considering, it is best to involve our lawyers specialized in change of use to support you. We can assist you in analyzing regulations and in all procedures related to the operation. Our lawyers will help you better understand the specific urban planning rules of your municipality and secure your project.

Support from our lawyers in case of change of use

Changing the use of a property involves obtaining several essential authorizations before undertaking your works. Depending on the nature of your project, you will need to file a prior declaration or an application for a building permit. The prior declaration applies if your project does not modify the facades or the load-bearing structures. Conversely, a building permit becomes necessary if more significant modifications, such as extension, raising, or demolition, are planned.

These procedures allow the town hall to verify that your project complies with the Local Urban Plan and safety requirements. In certain cities, you must also obtain a change of use authorization, particularly in areas where housing is protected. If your project results in the removal of a dwelling, compensation may be required, for example by creating another dwelling of equivalent surface area.

Furthermore, when your property is part of a condominium, the authorization of the general meeting of co-owners is also mandatory. Without this agreement, no planning permission application can be valid. Given these constraints, you need the support of your lawyer expert in change of use to secure your project.

At Macfarlanes LLP, our specialists intervene to support you in the various procedures while ensuring that your project complies with all applicable regulations. To do so, we carefully examine the specific conditions applicable to the area where your property is located, whether it concerns environmental protection, safety standards, or constraints related to energy performance.

This analysis allows us to provide you with a clear assessment of the feasibility of your project. Then, we advise you on the steps to take by helping you put together the necessary file for the change of use application. Our professionals work with you to anticipate all obstacles and optimize your chances of success. Whether for legal advice, negotiations with co-owners, or exchanges with local authorities, you will benefit from a turnkey service.

Intervention of our lawyers in case of change of use without authorization

You have just carried out a change of use without authorization and wish to regularize the situation, or you have received a report from the administrative authorities? A change of use without planning permission is an offense that exposes you to numerous risks. These can be administrative, financial, legal, or patrimonial.

Indeed, local authorities can carry out an inspection and issue a report that will be sent to the public prosecutor. Then, the town hall can require compliance of the works within a very specific timeframe. This decision may be accompanied by a penalty that can go up to 500 euros per day of delay, in accordance with Article L481-1 of the Urban Planning Code. Furthermore, the perpetrator of the offense is liable to a fine of 6,000 euros per square meter of surface area up to 300,000 euros.

In other cases, the administration may issue a work stoppage order (AIT) to immediately halt any ongoing transformation. These constraints can jeopardize your project and generate significant unforeseen costs. If you find yourself in such a situation, you must immediately contact your lawyer to ensure your defense. By using our lawyers specialized in change of use, you will benefit from an appropriate defense.

We have a team of specialists capable of helping you quickly regularize the situation. After analyzing your project's compliance with applicable planning rules, they can put together a solid file for a regularization request or to obtain the necessary authorizations. In the event of prosecution, our criminal law lawyers specializing in planning can represent you to protect your interests.

Whether through negotiations for an amicable resolution, challenging administrative decisions, or litigation remedies, we will help you come out on top. Even if a work interruption order has been issued, we can contest it or explore solutions that allow you to continue your project while limiting penalties.

Lawyer in case of refusal of change of use

First of all, for a change of use project to be accepted, it must not only comply with the PLU or RNU, but also the safety standards and accessibility imposed by the new intended use. Furthermore, environmental obligations, such as minimum energy performance, must be taken into account.

Failure to comply with any of these conditions may result in a refusal from the competent authorities. However, with the support of a legal professional, you can benefit from a review of the decision to carry out your project. Initially, it is essential to identify the reasons for rejection. Sometimes, the reasons given may stem from a misinterpretation of urban planning rules or an insufficiency in the submitted file.

With our team, you can quickly understand the reasons for the refusal and the appropriate measures to take. This will allow you to ensure the project's compliance with legal requirements and the validity of your file. We can also initiate negotiations with the authority that made the decision to re-examine your file in order to obtain the necessary authorizations.

If necessary, we will refer the matter to the court for an appeal for excess of power or to contest the refusal decision. Additionally, you can contact our team of specialized lawyers for changes of use concerning existing irregular buildings. These projects require prior regularization before any application for authorization.

This requires completing an adapted CERFA form (Center for Registration and Revision of Administrative Forms) and providing the necessary documents to obtain a permit. We take care of all these procedures to simplify the task for you. Thanks to our expertise, you can easily regularize the situation in order to obtain the necessary authorization for the change.