Change of use/conversion
A change of use is when the purpose for which a building was originally constructed is now to be replaced by a new purpose. Various changes of use can be made without the need for a building permit, but some also require planning permission. In the following table you will find the most important key data for differentiating between changes of use that do not require a permit and those that do:
|
Type of change of use |
Key data |
Applicable regulations |
|
exempt from procedure |
if the new use is not subject to any other public law requirements under Section 64 in conjunction with Section 66 than the previous use, |
§ Section 61(2)(1) SächsBO*, |
|
subject to planning permission |
if the new use is subject to different public law requirements in accordance with §64 in conjunction with §66 than the previous use |
§§ 63 ff.** SächsBO* |
* SächsBO = Sächsische Bauordnung, ** ff. = continuing, i.e. the following paragraphs must also be observed
The following examples are intended to illustrate the differences between changes of use that do not require authorisation and those that do: If a household goods shop now moves into a shop that previously housed a textile retailer, this change is exempt from authorisation. However, if this same shop were now to be used by a pizzeria, this change would require planning permission, as the new use would be subject to different public law regulations (e.g. immission control law, catering law) than the use as a textile shop. The situation is similar if a commercial business now wishes to move into a building that was previously used exclusively for residential purposes. Here too, the new use is subject to different public law requirements, for example, such a commercial enterprise may not be permitted at this location for planning law reasons - the change of use is therefore subject to authorisation. Another example is when an existing weekend home is now to be used permanently for residential purposes. Here too, other public law requirements apply to permanent use - e.g. the development costs are higher than if a weekend home is only occupied for a few days a year. This change is therefore also subject to planning permission.
If in doubt, please ask the town planning and building inspectorate whether the desired new use must fulfil different public law requirements than the previous use.
The same form must then be used to apply for a change of use requiring authorisation as for the application for planning permission. Please contact the Town Planning and Building Supervisory Office to find out which documents are required for authorisation in your case.