What does the City Council require to convert commercial premises into a home in Barcelona?

Question

José Manuel Alburquerque · Accepted Answer

The council asks for a major works permit, because Catalan law requires a permit to change commercial premises to residential use even if little work is involved. Before granting it, the council checks that the planning rules allow a home on that property and on that floor. It also checks that the premises meet the minimum standards that the Catalan habitability decree requires of a home resulting from a change of use, including at least 36 m² of usable floor area, a clear ceiling height of 2,40 m and natural light and ventilation. Once the works are finished, the certificate of habitability (“cédula de habitabilidad”) must be obtained, the document certifying that the premises are now fit for use as a home. The permit and the planning rules The Catalan planning act requires a permit to change a building, or part of one, to residential use. Other changes of use go through a prior notification, but this one does not. In Barcelona it is processed as a major works permit, the one for the most significant works, because a new home is being created. The first filter is the planning rules. Barcelona's can restrict ground-floor homes in some streets or in some buildings. If they do not allow them, the premises cannot become a home even if they meet all the technical requirements. So before buying commercial premises or commissioning the technical design (“proyecto”), ask the City Council for the planning information on the property and whether the change is possible. The requirements for the home The Catalan habitability decree applies the standards for a new home to a home resulting from a change of use, with some exceptions. Among other things, it requires: A usable interior floor area of at least 36 m². Municipal ordinances can require more. A clear height of at least 2,40 m between floor and ceiling, compared with the 2,50 m required for a newly built home. Natural light and ventilation, with at least one façade onto the street or another outdoor space. Many commercial premises do not meet them, so it is advisable to have an architect check them before taking any step. The steps Checking with the planning information and with an architect that the change is possible. Commissioning the technical design and applying for the permit. The design must also follow the council's criteria on the façades of ground-floor homes. The fee and the construction tax (“impuesto sobre construcciones”) are payable. The process can take many months. Carrying out the works once the permit has been granted. On completion, submitting the prior notification of first occupation to the City Council and then applying for the certificate of habitability, which in these cases is normally also a first-occupation certificate, as for a new home. Living in commercial premises without having obtained the change of use is an illegal use. While it continues, the six-year period the City Council has to take action does not start to run. What the owners' association (the “comunidad de propietarios”) may say is a separate matter. The permit does not replace its resolution when the works affect the façade or other common parts.