Change of use of a building

Changing the function of a building or part of it is in many cases subject to a permit. Even when no construction work is carried out, you often have to apply for a permit to change the main function of a building.

A change of use can have major legal consequences. Therefore, it is important to check in advance which rules apply and whether a permit is required.

What is a change of use?

A change of use means that a building or space is given a different main function than originally permitted. A building can have one of the following main functions, among others:

• Residential
• Residential recreation or day recreation (incl. sports)
• Agriculture and horticulture
• Retail
• Catering (restaurant, café, dance hall)
• Office function, services, and liberal professions
• Industry and business activity
• Community facilities and public utilities
• Military function

When you change one of these functions, it is legally referred to as a change of use.

When is a change of use subject to a permit?

In principle, a change of use is subject to a permit, even without physical works. Some typical examples:

• Converting a warehouse into a home
• Using a farmstead as a residence without agricultural activity
• Permanently inhabiting a building in a recreational area
• Renting out (part of) a home for residential recreation, such as via Airbnb

The reverse also applies: a non-residential building used as a home usually requires a permit.

Exemption from permit: when is it possible without one?

For functions that are complementary to living, an exemption may apply under certain conditions. Consider, for example:

• Office or liberal profession
• Service provision
• Small-scale retail
• Catering
• Limited business activity

Conditions for exemption (Flemish level):

• The building is located in a residential area or similar zone
• The residential function remains the main function
• The secondary function is smaller than the residential function
• Maximum 100 m²
• Not in conflict with RUP, BPA, regulations, or recent allotments
• Temporary use: max. 4 × 30 days per year

⚠️ Municipalities may impose additional conditions. Always inquire locally.

Non-conforming zone? Then different rules apply

If the building is located in a non-conforming zone, then specific and often stricter rules apply. In that case, a change of use is usually not exempt and a permit is required.

Notification or permit?

There is no notification requirement for changes of use.
→ No exemption? Then a permit is mandatory, and this before the change of use takes place.

Is an architect mandatory?

For a pure change of use, the cooperation of an architect is not mandatory.

⚠️ Please note:
If works are associated with the change of use, an architect may still be mandatory. This must be assessed separately.

We can help you with this or refer you to a suitable architect.

How do you apply for a change of use?

• Yourself via the Omgevingsloket
• Or with support from TOPO4D, including:
  • preparation of correct plans
  • guidance during the application
  • surveying substantiation where necessary

Need help with your change of use?

Are you unsure if your project requires a permit?
Do you want to be sure that everything proceeds legally correctly?

TOPO4D is happy to help you further with advice, plans, and guidance.
Feel free to contact us for more information.