Change of use

Turning a shop into a home: planning first, building second

Converting a ground-floor unit into a flat is attractive on paper. Whether it is allowed is a planning question for an architect and the town hall; we come in once the answer is yes.

Author / technical lead: Bauman Raymond Attila · Last reviewed: 05/11/2026

Block partitions and metal ceiling framing
In short

A commercial unit can only become a home where the town’s planning rules allow it and the dwelling meets habitability requirements. A Supreme Court ruling of June 2026, as summarised by the architects’ council, confirmed that a change to residential use requires an architect, and Málaga city gave initial approval in July 2026 to stricter rules for ground-floor conversions. We do not assess or process the change of use; we carry out the building work once the project is defined.

Can any commercial unit become a home?

No. Whether a unit can change from commercial to residential use depends first on the town’s general plan (PGOU) and any specific rules for the area, street or building. Some municipalities allow ground-floor conversions under conditions — limits on density, minimum light and ventilation, no increase in built area — and others restrict them in certain streets. A municipal instruction from another Andalusian town, linked in the sources, shows how detailed those conditions can be.

Then the new dwelling has to meet habitability requirements: natural light and ventilation, minimum room sizes, a proper kitchen and bathroom, and the technical standards of the building code. A deep unit with only one façade onto a busy street may struggle with some of these regardless of how good the building work is. This assessment is the architect’s job, and it should happen before you buy or sign anything.

What changed in 2026?

Two developments matter for anyone considering a conversion in Málaga province (status as of November 2026):

  • Who signs the project. According to a legal note from the Spanish architects’ council (CSCAE), a Supreme Court ruling of 4 June 2026 established that works changing a building’s characteristic use to residential require an architect, even when only one unit of the building is affected.
  • Málaga city’s rules. On 16 July 2026 the city council gave initial approval to an amendment of its general plan covering the conversion of ground-floor premises into homes and the conditions for commercial-to-residential changes. According to the council, licences that do not meet the new rules are suspended from publication of the initial approval in the provincial gazette, for up to three years or until final approval. Press reports describe a ban on conversions on main streets and squares and new light, ventilation and habitability conditions. Whether the amendment has been published and how it applies to a specific unit: to be verified.

Other towns have their own rules, which also need checking for each case.

What does the building work involve once the project is approved?

When an architect has defined the conversion and the paperwork is in order, the building side looks much like a full renovation, with a few particular points:

  • New layout: bedrooms, bathroom, kitchen and living space built in plasterboard or masonry, following the project.
  • New services: water, drainage and electrics for a dwelling rather than a shop, by authorised partner installers.
  • Frontage: a shop window replaced with the windows and door specified in the project, by the relevant specialist and with the community’s and town hall’s approval.
  • Insulation and damp protection where the project requires it, particularly at ground level.
  • Finishes: floors, bathroom tiling, kitchen fitting and painting to a residential standard.

We work to the architect’s drawings and specifications and raise any conflict with site conditions straight away.

What about the owners’ community?

A ground-floor unit is part of a building governed by the horizontal-property law. Changing the use of a unit can affect the community’s statutes, and changing the frontage affects the façade, which is a shared element. Some community statutes contain specific restrictions on use. Your architect or lawyer should check the statutes and whether the community’s agreement is needed before the project goes ahead.

During the works themselves, the usual courtesies apply: informing the community representative before starting, agreeing hours and protecting shared areas. Our guide on works and the owners’ community covers this in more detail.

Which practical problems come up in conversions?

Ground-floor units have their own quirks. Drainage connections may be positioned for a single toilet at the back rather than a bathroom and kitchen. Floor levels can be close to the street level, which affects thresholds and damp protection. Ceiling heights in some units are generous, which helps, while others have beams or pipes from above that limit options. Rear walls may back onto a shared courtyard or a neighbouring building.

These are exactly the details an architect weighs when deciding whether a conversion is viable. On site, we check them against the drawings at the beginning of the job, so surprises are dealt with before the finishes go in.

What do we not do on a conversion?

To be completely clear: we do not assess whether a change of use is possible, prepare the project, apply for the licence, deal with the land registry or issue certificates. We do not give opinions on whether a particular unit will be approved. These belong to the architect, the town hall and, where relevant, a lawyer or notary.

What we offer is the construction phase: one contractor coordinating the trades, materials sourced, a clean handover, and a quote itemised line by line. If you are still deciding whether to buy a unit for conversion, read our article on questions before taking on a commercial unit and speak to an architect first.

How can we help at the early stage?

Once your architect has a preliminary layout, we can give a builder’s view of the work involved, from photos and the floor area at first and in more detail after a visit. That helps you weigh the conversion against other options before committing. For general renovation work on existing flats, our sister site reformasintegralesmalaga.eu explains our approach.

Official sources

Author / technical lead

Bauman Raymond Attila · Reforma Locales Málaga · Avenida Antonio Belón 3, Marbella. Last reviewed: 05/11/2026.

FAQ

Frequently asked questions

Can I turn my shop into a flat?

Only if the town’s planning rules allow it and the dwelling can meet habitability requirements. An architect must assess it first.

Do you handle the change of use?

No. The architect prepares the project and the owner applies to the town hall. We carry out the building work afterwards.

Does a conversion need an architect?

According to the architects’ council’s note on a Supreme Court ruling of June 2026, yes, a change to residential use requires an architect.

Has Málaga changed its rules?

Málaga city gave initial approval in July 2026 to stricter rules for ground-floor conversions. Their current status and application to your unit must be verified.

Does the community have to agree?

It depends on the statutes and on whether shared elements such as the façade are affected. Your architect or lawyer should check.

Can you replace the shop window?

We coordinate it with a glazing specialist once the project and approvals are in place.

Who does the electrics for the new home?

Authorised partner installers, within our coordination.

Do you issue certificates at the end?

No. Certificates and final documentation come from the technicians involved.

Can you quote before the project is finished?

We can give a first assessment from a preliminary layout; the itemised quote needs the final drawings.

Do you do the rest of the renovation too?

Yes, the full interior build: layout, services by partner installers, bathroom, kitchen and finishes.

Free, itemised quote

Send us photos and the approximate floor area

A few photos and a rough square-metre figure are enough for a first assessment. If it suits you, we then visit the property and prepare an itemised quote, line by line.

  • One contractor, one point of contact
  • Itemised quote with no vague lump sums
  • Materials purchasing and final clean handled by us
  • Work carried out with a guarantee and public liability insurance
Will anyone live there during the works?