Change of use at commercial premises

For commercial properties often leads to changes of use or expansions. This is both the tenant changes the case, as well as changes in the activities of existing tenant or subletting space. Here, the legal attention must be paid not only to the tenancy. Because even if there is agreement on the new use between landlord and tenant, there may be legal obstacles from the construction law. Nutzungsänderungen- or extensions require in some cases a permit from the building authority. What use is permissible for a building, resulting from the construction permit. This also certain practices involving the use of pads can be granted (for example, number of parking spaces for customers vehicles).

By a change of use in construction law sense is when the building is to be used for any other purpose than before. For this, no structural change is necessary. It is sufficient if the public building rights to the new use has different requirements than previously done. This may be, for example, requirements of the building regulations act (for example, escape routes, fire prevention) or those from the planning law (for example, requirements of the development plan).

If, for example, a retail store in the future be used as a doctor’s office or a cinema as a discotheque, made for the new use other legal requirements than the previous one. Then it must be subject to an authorization change in use. The same is true, for example, when building codes necessary Car parking spaces are to be used differently. Also may be required than for the previous for the new use more parking.

The building codes of the Federal States to be part of it explicitly clear that no authorization is required if “come no other public requirements as for usage eligible for the new use” (Art. 57 para. 4 no. 1 Bavarian building code) , However, this is for the layman often difficult to assess. When in doubt, consult should definitely be kept with the building authority.