In recent years, many owners choose to renovate and at the same time change the use of their old properties, especially those located in the center of cities, in order to make better use of them. This usually concerns a change of use of parts of buildings to health care stores, laboratories, offices, while there are not a few cases where office spaces are converted into small studios for short-term rental (Airbnb).

In the past, any conversion of space required the owners to issue a building permit from the Town Planning Department, with all the bureaucratic hurdles and delays that entails. However, with a recent circular of the Deputy Minister of the Environment (May 2020), internal arrangements and change of use can be made in a building or part of it, with the issuance of a small-scale work permit and without requiring a building permit (building permit). This new arrangement has already given breathing space in many cases to citizens and engineers, since they now escape from the old process, which could even take...months!

What is the new provision regarding renovations?

It is possible to issue a Small Scale Construction Work Approval for works related to internal layouts, as well as change of use works, provided that the elements of the load-bearing organization of the building are not affected and the loads and the seismic importance category are not changed for the worse according to the Greek Anti-Seismic Regulation (E.A.K.).

How do I know if the property changes seismic importance category with its new use?

According to the anti-seismic regulation there are four categories which are analyzed below. The distribution of uses in these categories is done according to the importance, which has to do with the loads that the building will receive.

a) SEVERITY CATEGORY – S1 Buildings of minor importance in terms of public safety, such as: Agricultural buildings and agricultural warehouses, sheds, stables, cowsheds, piggeries, poultry farms, etc.

b) STUDY CATEGORY – S2 Ordinary buildings, such as residences and offices, industrial-craft buildings, hotels (which do not include conference rooms), hostels, boarding schools, exhibition spaces, dining and entertainment spaces (confectioneries, cafes, bowling alleys, billiards, electronic games, restaurants, bars, etc.), banks, doctors' offices, markets, supermarkets, shopping malls, shops, pharmacies, barbers, hairdressers, gyms, libraries, factories, car maintenance and repair shops, paint shops, carpentry, research laboratories, food preparation plants, dry cleaners, computer centers, warehouses, car parking buildings, gas stations, wind turbines, public service and local government offices that do not fall into category Σ4, etc.

c) STUDY CATEGORY – S3 Buildings that house facilities of very great economic importance, as well as buildings of public gatherings and in general buildings in which many people are present for a large part of the 24 hours, such as airport halls, conference areas, buildings that house computer centers, special industries , educational buildings, classrooms, tutoring centers, kindergartens, concert venues, courtrooms, temples, sports venues, theaters, cinemas, entertainment centers, passenger waiting rooms, psychiatric hospitals, institutions for the disabled, institutions for the chronically ill, nursing homes, nurseries , nurseries, kindergartens, playgrounds, reformatories, prisons, water and waste treatment facilities, etc.

d) SEVERITY CATEGORY – S4 Buildings whose operation, both during the earthquake and after the earthquakes, is of vital importance, such as telecommunications, energy production, hospitals, clinics, rural clinics, health centers, health centers, refineries, stations power plants, fire and police stations, public service buildings to deal with earthquake emergencies.

Buildings that house works of unique artistic value, such as museums, museum warehouses, etc.

When is a change of use allowed in a building?

Change of use of the building or part of it is allowed only if the new use is permitted by the applicable city plan, the applicable land uses of the area as well as other urban planning provisions in force.

What are the conditions for a change of use? The following conditions are required for the change of use:

✓ The building must be legally built.

✓ Allow new use in the area.

✓ Be sure to observe the current regulations.

✓ To apply the provisions of the building regulation, e.g. stairs, parking areas, etc., corresponding to the new use.

✓ Mandatory guarantee of accessibility for people with disabilities or people with disabilities in the public areas of the building, provided that the load-bearing structure of the building is not affected.

What supporting documents are required for the issuance of a small-scale permit for alterations and change of use?

a) Copy of topographic map.

b) Responsible statement of the engineer that the elements of the building's supporting organization are not affected.

c) Floor plan on a scale of 1:100 or 1:50.

d) Notarized declaration of Law 1221/81 and its transcription, for securing the mandatory parking spaces, if required.

Attention! In the event that due to the internal arrangements or the change of use, the studies of the building are modified (e.g. passive/active fire protection, electromechanical installations, etc.), the case-by-case modified studies are also filed.

When is a simple update of the building permit file?

The permit file is updated and a building permit is not required when:

✓ The new studies (architectural) do not modify the construction diagram of the building permit.

✓ The new use is provided for by the applicable urban planning provisions.

✓ The conditions for the new use are covered by the individual studies of the existing building.

✓ When there is no change for the worse in the design loads of the static study.

When is a building permit required?

A building permit is required when:

✓ It is necessary to carry out extensive constructions or works that change the building diagram in terms of the applicable building conditions, coverage, distances, planting, etc.

✓ When more unfavorable loads arise and a new static study must be done. In case an installation is added.

I am not changing the layout and I want to rent the apartment to a tutoring school. Why do I need a permit?

Each building permit concerns a specific building and specific use. The study of the statics, the electromechanical installations, the dimensions of the staircase and other urban dimensions, differ from use to use. As for example in schools, wedge-shaped stairs are prohibited for safety reasons. Therefore, in order to be able to convert the use of a building or part of the building into another use, the engineer should examine whether the conditions for the new use are covered by the conditions of individual studies that the existing use of the building meets. Also, the use of a residence or office that has an apartment according to the anti-seismic regulation is of importance category Σ2, while the school is a building of importance Σ3, so the static loads change for the worse and for this a building permit is required.

What do we pay attention to when changing use in non-planned areas?

It is also allowed in non-planned areas to change the use of a building, as long as the general or special urban planning provisions in force in the area are not violated and there is a building remainder on the property for the specific use.

For example, in off-plan areas the permitted building depends on the use we want to install. The usual is e.g. that the maximum allowed construction for a residence is 200 sq.m., while for shops 600 sq.m. (by analogy, special restrictions also apply to the other uses). So if someone has an office building of 600 square meters, they cannot change its use to a residence because a 600 square meter residence is not allowed.

I have a shop and I want to rent it as a woodshop. Is a change of use required?

No, you do not need to change the use of the shop, because the differentiation of the use category according to the building regulations is not always a reason for issuing a change of use permit. But in the event that changes are made to the layout and studies of the building are changed, you will need to obtain a small-scale permit.

I want to convert the apartment into offices. Does it need permission?

A key criterion for the necessity of issuing a small-scale permit is the change of parking spaces for the worse. For example, for residential use, one parking space is required per 100 sq.m. while for office use one parking space per 50 sq.m. Therefore, the specific change of use results in the obligation of one more parking space, which should be secured on the plot or purchased with a notarial declaration and a small-scale permit issued.

SOURCE: www.michanikos.gr