Rules for change of use: intra-block residential development rules

Have you ever, while walking around various cities, especially in big cities where the real estate market is still thriving and highly competitive, seen commercial premises undergoing a radical transformation, becoming residential? The reasons for this transformation are numerous, from the crisis that affects small entrepreneurs, to the lack of business succession, to the search for competitively priced premises. Personal and economic needs make the process of changing the intended use increasingly common. But what criteria must be met to make such a conversion, and what happens if the work is done inside an apartment building? Let's get to the bottom of it.

What the law says

The term "intended use" refers to the purpose and manner in which real estate is used. Depending on the purpose a property can be given, it falls into a specific functional category. Through a "change of intended use", the originally chosen use can be changed. The concept of "substantial change of use from an urban planning perspective" refers to a change in the intended use of real estate affecting cadastral and urban planning aspects. To avoid inappropriate construction, prior authorization is required, which varies depending on the type of change.

In theory, converting a store into an apartment is possible, but in practice requires indispensable feasibility checks and appropriate modifications to the property, such as rearranging spaces and removing store windows and roller shutters.

The Decree "Sblocca Italia" of 2014 has greatly simplified this process by introducing article 23-td in the Unified Text on Construction and defining when it is a substantial change of use from an urban planning perspective. The change of use from an urban planning perspective is substantial when the passage, even without construction works, occurs between the following functionally distinct and heterogeneous macro-categories: residential, tourist-hotel, commercial, industrial and administrative, agricultural.

The process of changing from a store to an apartment, considered a substantial change of use from an urban planning perspective, requires a building permit. If it remains in the same functional category, only a Scia (Certified Notice to Proceed) may be required. Before changing the intended use of the property, checks must be carried out beforehand to ensure that the conversion is permissible and feasible.

Change of intended use: what checks

The process of successfully carrying out a change of intended use becomes more complex when specific interventions are required, such as connection to the gas network. Therefore, it is always advisable to contact a specialist who can guide the owner through the various bureaucratic procedures. After urban planning changes, it also becomes important to report the change in the cadastre and update the entry, as the new function of the property affects the taxes associated with it, such as property tax and others. Before proceeding with a change of intended use, it is crucial to perform a few preliminary checks to ensure that the conversion is not only permissible but also practicable. The first step is to familiarize yourself with the general development plan of the city in which the property is located.