What is a change of destination?
Definition
The change of destination is to modify the function of real estate as it was initially thought. In other words, a change of destination amounts to transforming a building provided for a particular function in order to give it one or more other vocations. This operation is possible without work. This does not mean that procedures should not be taken.
The 5 types provided by the town planning code
The article R. 151-27 of the town planning code provides for five types of destination possible:
- Agricultural and forestry
- Dwelling
- Trade and service activities
- Public services and equipment of collective interest
- Other activities (secondary or tertiary sector)
Examples of subdestitations
These destinations are themselves divided into numerous subdurals of which here are the main ones:
- Agricultural / forestry
- Housing / Accommodation
- Crafts / retail / big / catering / service activities (…)
- Premises and offices welcoming the public and administrations / technical rooms / educational establishments / art and show rooms (…)
- Industry / warehouses / offices (…)
What differences between change of use and change of destination?
The destination is attached to the building and the use is to the owner of the property
Change of destination and change of use are not the same thing. Indeed, the destination of a building is real and permanent. On the contrary, the use of the building corresponds to its effective use, by definition moving. It is also said that the destination is attached to the building while use is the owner of the property.
One is governed by the town planning code, the other by that of construction and housing
The legal regime of these two operations is differentiated, in connection with the definition of each. As we have seen, the change of destination is understood by the town planning code while the change of use is by the construction and housing code (article L. 631-7 of the construction and housing code).
Example of a change of use: Rental of accommodation for furnished tourist
Renting a tourist furnished apartment is a change of use as indicated by article L. 631-7 of the construction and housing code. This article indeed provides that ” Renting a furnished room for residential use as a furnished tourist furnished, within the meaning of I of article L. 324-1-1 of the Tourism Code, constitutes a change of use within the meaning of this article ».
What authorization is necessary for a change of destination?
It all depends on the project. If we plan to change the destination of a building without carrying out work there or by carrying out light work which does not affect the structure or the facade of the building: a prior declaration of work must be filed with the town planning services of the town hall concerned. If we initiate important work, the change of destination is accompanied by a building permit application.
In both cases, we must get closer to the competent town planning services in the town of the property.
Prior declaration of work (DP) or request for a building permit: what to choose for your change of destination?
Prior declaration Constructions and works not subject to building permit (DP): fill out the CERFA form n ° 16702*01 online
The prior declaration of work must be filed via the CERFA 16702*01 form accessible online. This document must be completed by the applicant and submitted to the competent service of the town hall of the location of the property. The file can be completed online or printed and deposited directly at the town hall. To find out the exact procedure to follow, it is advisable to contact the dedicated service of its town hall.
Obtain an online building permit
The building permit deposit obeys the same logic. The CERFA 13409*15 form must be completed online. On the other hand, the elements to be added to the file are more numerous than for the prior request for work. It is advisable to turn to online assistance dedicated to requests for urban planning authorization. It will be necessary :
- Describe your destination change project
- Provide the necessary documents required
- View and download the finalized online form
- Teletransmitting the file to the municipality
Can the town hall refuse a change of destination?
Yes, the town hall can refuse a change of destination, mainly if it contravenes the rules of the Local Urban Plan (PLU) applicable in the municipality.
What are the consequences of the change of destination of a property?
Main, the change of destination of a building has consequences at the tax level. Indeed, certain taxes are not required for housing such as the territorial economic contribution (CET). The calculation of the property tax of the property will also be modified. Finally, it is possible to be subject to the development tax, depending on the project and the work carried out.
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