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Profession libВrale dans l'immeuble

A LIBERAL PROFESSION IN THE BUILDING

Chapô

A firm in liberal profession intends to settle in the building. One of the co-owners plans to rent his lot to a doctor, an architect or a lawyer ... Jumping the step supposes to be in order with the co-ownership, but also the administration. The constraints to know.

Introduction

Before any project, you must refer to the co-ownership rules. This official document indicates precisely whether it authorizes the exercise of a profession. If it contains a clause known as "exclusive bourgeois home" (this is often the case in high-class buildings), it is better to abandon the idea of setting up your business. Indeed, it means that any professional activity is prohibited in the private parts of the building.

On the other hand, in the presence of a "simple bourgeois dwelling" clause, it is possible. In this case, a point remains to be verified because the regulation of co-ownership can reserve the professional activity to the premises located on the ground floor. In addition, this assignment must always be consistent with the purpose of the building (residential use for which it was designed) and not affect the rights of other co-owners. Thus, for example, it has already been tried by the courts that a doctor could exercise his activity when it did not cause more nuisance than those generated by a law firm.

Description

Think about the distribution of loads

The passage of the customers can cause an additional cost for the co-ownership, in particular with the expenses of elevator if the activity is authorized in floor. However, the co-ownership regulations do not always provide for specific distribution taking into account the particularities of the business premises. The co-owners can then vote in General Assembly an increase in charges for the co-owner concerned. In general a satisfactory compromise is easily found.

Some formalities to accomplish

If the premises were previously used as housing, prior administrative authorization is required, under penalty of a fine. That allows to assign it to a professional use in the cities of more than 200 000 inhabitants and in some departments of the Paris region (Hauts-de-Seine for example), with exception (urban free zone). It is up to the owner or the tenant concerned to approach the Town Hall.

In addition, the transformation of a home into a business premises is subject to planning permission. Therefore, it is necessary to make a preliminary declaration even in the absence of work, and to file a building permit in case of important works (including if it is a modification of facade).
 

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