Turning a commercial unit into a home: can the community stop it?

An empty shop becomes two flats and half the building wonders whether that can simply be done.

The general rule

An owner may change the use of their own private unit unless the by-laws expressly prohibit it. The community has no general right of veto over what each owner does inside their own property.

In other words: if the by-laws say nothing, the community cannot stop it by a vote, not even unanimously, because it is not deciding about common elements but about somebody else's property.

What the community can require

This is where it has genuine leverage:

• That common elements are respected. Opening new openings in the façade, altering the structure or diverting shared downpipes does require the meeting's authorisation, with whatever majority applies.
• That the works do not damage or affect the building's stability or safety, with a technical design where appropriate.
• That the ownership shares are updated if the change alters them — something almost always forgotten, which then causes arguments about cost splits for years.
• That the house rules and the cost apportionment corresponding to its new use are respected.

The point that decides almost every case

Many older deeds of division include a clause limiting the use of commercial units or requiring authorisation to change it. If it exists, it is binding. If it does not, adding one now requires unanimity, and it cannot be applied retroactively to a change already made.

And the planning side, which outranks all this

Before the community comes the council: the conversion requires a change-of-use licence, and the unit must meet the habitability conditions of local rules (minimum floor area, ventilation, ceiling height, access). Many projects fall there, not at the meeting.

The advice for the chair

Do not get into whether you approve of it. Ask in writing for the licence and the design, check which common elements are affected, and take that to the meeting. It is the ground on which the community has a say; arguing about the rest only leads to a lawsuit you lose.