Requirements for the legalization of the transformation of premises into dwellings

Requirements for the legalization of the transformation of premises into dwellings

The current oversupply of commercial leases contrasts with the fact that in recent years both short and long-term residential leases have withstood the current economic and real estate crisis better, especially in the urban centers of Spain’s major cities.

In view of this situationHowever, this change of use is not always possible, since the transformation of premises into dwellings requires a series of legal and physical requirements. which we will explain below.

First of all, it is necessary to verify that the “Estatuto de Comunidad Propietario” does not expressly prohibit the conversion of houses into dwellings, since in this case a unanimous meeting agreement is required to lift this prohibition.
If the “Articles” do not have any provision in this regard, as long as the renovation of the premises does not change the common elements of the building, the approval of the community is not required. In this sense, when determining the right of use of the property that can be granted in the scope of the horizontal property law, there is sufficient freedom so that the co-owner cannot deprive the right of use of the property.

Use them in the most appropriate manner, unless such use is not legally prohibited or the change of destination appears to be clearly restricted by the above-mentioned level of ownership, its proprietary name or legal regulations (SSTS, February 23, 2006; October 2008) 20, etc.)).

Secondly, permission from the City Council is required to authorize the change of use, for which a technical project must be proposed or, if applicable, a responsible statement must be submitted to ensure compliance with the regulations of the PGOU and the technical building codes.

The new house must meet the minimum living requirements, such as minimum floor area and height, windows to ensure ventilation, kitchen with smoke vent, certain length of facade and minimum access doors, and power supply (water, electricity, gas, telephone, etc.).

Once the board of directors approves the technical project, a registration statement on the change of real estate must be made so that the site can be converted into a residence and registered in the cadastre. Subsequently, it is only necessary to announce the modification of the property before a notary public, and then register it in the land registry.

If you have any further questions, please contact us.

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