Spain is a country with unique laws and traditions, especially when it comes to real estate. One of the peculiarities of Spanish law is the impossibility of converting commercial premises (local) into residential in a new building, especially in such popular regions as Alicante. Let’s see why this is so and what you should consider if you are thinking about buying a property for such a purpose.
What is a locale and why is it not residential?”
A locale is a commercial space designed for business. In new buildings in Alicante such premises are often sold separately from residential apartments. They can be located on the first floors of buildings and are intended for stores, offices, cafes and other commercial needs.
However, locales are built to very different norms and standards than residences. For example:
- Height of ceilings may be higher or lower than residential standards.
- Ventilation systems are designed for commercial use.
- Locations often do not have kitchens, bathrooms, or heating systems that meet residential standards.
Legal Restrictions.
In Alicante and throughout Spain, the conversion of commercial premises to residential use is strictly regulated by laws and municipal ordinances. Here are the main reasons why it is difficult to do so:
1. Zoning Plan (Plan General de Ordenación Urbana)
Municipalities clearly separate zones for housing, commercial and other uses. If a new building has been planned as mixed-use (residential + commercial), the possibility of changing the status of the premises is strictly limited.
2 Infrastructure requirements
In order to convert a locale into a dwelling, it must meet all building codes and standards for housing (Código Técnico de la Edificación). This includes natural light, a certain ceiling height, soundproofing and ventilation. New buildings most often do not have these features for commercial premises.
3. Neighbor consent
If the locale is in a building that already has residential apartments, the conversion will require the neighbors’ consent. In most cases, they refuse, fearing that it will affect the value of their homes or create inconvenience (e.g., changing the building’s common area plan).
4. Municipal taxes and fees
Even if conversion is theoretically possible, the process requires payment of multiple taxes and fees, making it financially unfavorable.
Why is this especially important for new construction?”
New buildings in Alicante are developed with a modern urban plan that clearly separates the commercial and residential functions of the buildings. The Municipalities of Alicante try to avoid mixing such zones to prevent chaotic development of the city. This is especially important in new neighborhoods where primary infrastructure (schools, parks, roads) is planned for specific needs.
In addition, many building companies include a clause in their sales contracts that prohibits changing the purpose of the locale without their consent. This is due to the fact that the commercial purpose of the premises may affect the overall architectural appearance of the building and its operation.
What should you do if you want to convert a locale into a living space?
If you do consider this possibility, you need to:
1. Check the zoning of the lot where the locale is located.
2. Obtain a technical opinion on the possibility of conversion.
3. Apply to the Municipality of Alicante to change the purpose of the premises.
4. Obtain the consent of the neighbors (if the locale is located in a residential building).
However, be prepared that the process can drag on for months, or even years, and you may end up being denied.
Alternative: how to use the locale?
If conversion is not possible, consider other options for using the locale:
- Renting to commercial tenants.
- Building your own business.
- Converting the space into a warehouse or workshop.
In any case, the purchase of a locale in a new building should be carefully considered to avoid unexpected complications and costs.
Closure.
Alicante is a great city to live and invest in, but its urbanism laws are strict. It is almost impossible to turn a locale in a new building into a residential space due to legal, technical and social restrictions. To avoid surprises and properly assess the possibilities of the object, consult our real estate agency BROADWAY CONSULTING. We will help you to understand all the intricacies and find the best solution!