Changing the intended use of a space or a building represents a significant change in its use and generally requires a building permit.
However, Law 50/1991 on the Authorization for the Execution of Construction Works, republished and updated, provides for certain situations in which the change of use may be made without authorization.
According to Article 11(1)(o)(o) of Law 50/1991, the following works may be carried out without a building/building/removal authorization:
“The change of destination, only in the situation in which for its realization are not necessary building/demolition works for which the law provides for the issuance of the building/demolition authorization, in compliance with the provisions of the approved urban planning documents.”
This legal provision allows the change of use without authorization, but under strict conditions:
- Absence of construction/dismantling works.
The change of use must not involve works that would normally require planning permission. This means that physical changes to the space should be minimal or non-existent.
- Compliance with planning documentation.
The new use must comply with the provisions of the zoning plan (plan urbanistic zoning plan – PUZ) and the local urban planning regulations for the area in question. It is essential to check whether the intended use is permitted in the area.
- Compliance with other regulations.
Even if a building permit is not required, the change of use must comply with all other applicable legal regulations, such as fire safety, health, environmental protection, etc.
- Notifying the authorities
Although the law does not explicitly provide for it, it is recommended to notify the local authority (town hall) of the intended change of use in order to avoid possible misunderstandings or subsequent penalties.
It is important to note that this exception applies in a limited number of cases. Examples of situations where this provision could apply include:
- conversion of a room in a dwelling into an office for liberal professions (lawyer, accountant, etc.), without structural changes.
- changing the use of a commercial space from one type of trade to another, without building work.
- conversion of a studio flat into an individual doctor’s surgery, provided that all the health rules are complied with and without structural alterations.
However, many changes of use will still require planning permission, particularly those involving:
- structural alterations to the building
- significant changes in plumbing systems (electricity, water, gas)
- changes to the façade or external appearance of the building
- changes that affect the fire safety or structural resistance of the building.
The consequences of non-compliance can be severe. Carrying out a change of use without the necessary authorization, in cases where such authorization is mandatory, can lead to significant fines under Article 26 of Law 50/1991. Measures may also be ordered to restore the legality or even to revert to the original use.
In conclusion, although there is a legal possibility to change the destination of a space without authorization under certain strict conditions, it is always advisable to consult an urban planning specialist before proceeding with such a change. This will ensure compliance with all applicable regulations and avoid potential future legal problems.
