Malaga imposes new requirements on conversion of commercial premises into housing

The city council has ultimately decided not to halt the conversion of ground-floor commercial premises into housing. Instead, it has decided to ban it on the city's main streets and squares and adapt habitability requirements for residential use.

The amendment to the general urban development plan (PGOU) Malaga city council initiated to prevent the construction of tourist flats and hotels on residential plots includes a section on converting commercial premises into housing.

This practice has increased exponentially as a housing solution for many Malaga residents facing the current crisis.

To allow a commercial premises to be converted into a home, the property must meet a new depth requirement. The building must not be deeper than twice the width of its facade. The city council says this rule ensures proper natural light reaches the interior. It also bans any new home from directly adjacent storage rooms within the same registered property.

The new rules also set strict standards for mezzanines and lofts. In all cases, the minimum clear ceiling height must measure 2.30 metres above the floor slab and 2.50 metres below it. Anyone who wants to use a mezzanine as living space must also ensure it covers at least 8.75 square metres.

The mezzanine must form part of the same legal property unit as the main flat or commercial space. It cannot have a separate entrance from the street or external access.

The planning changes also clarify how the council defines light and ventilation. Natural light and ventilation must come directly from the outside through vertical building facades. The rules do not allow buildings to rely only on sloping roofs or roof structures for ventilation on any floor, including attic spaces. The only exception applies to rooms located in penthouses.

Windows must also face an open space at least two metres wide. This requirement does not apply if the building meets minimum light and ventilation standards through other windows.

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