Change of Use: Why Moving a Business Into a New Space Can Trigger New Requirements

A space does not have to be rebuilt for the rules to change. Sometimes only the user changes. In California this is usually called a change of use, a common surprise for business owners, and the architect is the first call to read the whole picture before you sign a lease.

How buildings are classified

The building code sorts buildings and spaces by how people use them. This is called occupancy classification. An office, a restaurant, a retail shop, a school and a gym are not treated as the same thing, because they bring different numbers of people, different activities and different risks. The classification a space was approved for is part of its history, and it is the starting point for asking what happens when the use changes.

Why a new use can mean new requirements

When a space moves from one use to another, the requirements that apply to it may change as well. Whether they do, and how much, depends on the specific uses involved and on the jurisdiction. As categories, the things that can be affected include:

• Accessibility, including entrances, paths of travel and restrooms.
• Fire and life-safety, such as exits, fire separation and sprinklers.
• Plumbing, including the fixtures a use is expected to provide.
• Parking, which some jurisdictions tie to the type of use.
• Mechanical ventilation and electrical service.
• Structural capacity, where a use puts different loads on the building.

Not every change of use touches every category, and some changes between related uses involve very little. The point is that the answer should be found out rather than assumed.

Zoning is a separate question

Zoning and the building code are different systems. Zoning controls which uses are allowed at a location. The building code controls how a building must be built and equipped for the use it holds. A use can be permitted by zoning and still require upgrades under the building code, or the other way round. Both questions need an answer, and the local planning department and building department are the places to confirm them for a particular property. Requirements vary by jurisdiction and are updated over time.

Where the existing permit history comes in

Older buildings sometimes have thin or unclear records. A space may have been used in a way that was never formally documented, or may have changed hands several times. Learning what a space is officially recognized as, before planning improvements, can prevent the awkward discovery that the intended use is a step away from what is on record.

The question is rarely whether the space looks right for your business. It is whether the space is recognized as right for it.

How an architect helps

An architect can review the existing conditions, help you understand which categories of requirements are likely to come into play, and prepare drawings that show how the space will meet them. Our commercial architecture practice includes this kind of early review. If a permit is needed, the drawings go through the building department's permit and plan check process, where the reviewers decide what applies. No architect can promise how a department will rule on a given project, which is why asking early matters.

What to do before you commit

• Ask the landlord what the space is currently approved and permitted for.
• Contact the local planning and building departments to learn how your intended use is classified at that address.
• Have the lease reviewed by its own counsel, since responsibility for any required upgrades is a legal matter set out in that document.
• Bring a design professional in before signing, not after.

This article is general information and does not replace advice from your local departments or an attorney. Many of the same questions arise in residential work, which we cover in does my remodel need a permit in Los Angeles. Common questions about our process are collected in the FAQ, and if you have a space in mind, the contact form is the easiest place to start.

Start with the architect. Whatever the question is, the design, the permit, the budget or who to bring in next, an architect looks at the whole project first and then helps you choose and coordinate the engineers, designers and builders it needs. Talk with Kevin Cohen, AIA about your project.

General information only, not legal, engineering or code advice. Rules differ by city and change over time, so confirm the details for your property with your local building and planning departments and with qualified professionals.