Change of use of residential premises

In Montpellier and Lattes, the conversion of premises used for residential purposes to another use is subject to prior authorization under the Construction and Housing Code.

The aim is to ensure a balance between housing and economic activities, and to control the boom in furnished tourist accommodation so as not to exacerbate the housing shortage, limit tension on the real estate market and preserve the balance of neighborhoods.

By deliberation of July 26, 2022, in application of article L.631-9 of the Code de la Construction et de l'Habitation, and in view of the housing issues at stake, the Metropole has chosen to extend the application of the use regulation to the commune of Lattes.

Change of use consists in modifying the use of a premises intended for residential purposes in favor of another use: commerce, office activity, professional activity, craft industry, furnished tourist rental, etc.

The use of a dwelling for another purpose (trade, office activity, professional activity, artisanal) or the offer of a furnished tourist rental requires a change-of-use authorization issued by the mayor of the commune concerned (Montpellier ou Lattes).

This authorization varies according to your situation:

• You carry out a professional activity in a dwelling you own/rent,
• You carry out a professional activity in your main residence,
• Renting a dwelling as a meublé de tourisme.

There are 2 types of authorization:

• Authorization for a change of use on a personal and temporary basis: this is non-transferable and attached to the person of the applicant. It does not require compensation.
• Authorization for change of use on a real and definitive basis : this is attached to the premises and can only be issued on condition that "compensation" is proposed.

Compensation consists in transforming premises not intended for residential use (offices, shops....) into housing. This compensation thus makes it possible to reconstitute the loss of a dwelling by the creation of another dwelling.

Don't know which authorization concerns you?

Take the online questionnaire to find out your situation(caution: the questionnaire is only for residents of the commune of Montpellier):

• Rules applicable in Montpellier

You practice a liberal profession, a commercial activity (excluding furnished tourist rental), a craft or a collective interest activity, in a dwelling you own or rent?

Apply for authorization to change use on a personal basis (without compensation) if:

• Your premises for residential use are located outside the protected area of the city of Montpellier,
• Your premises for residential use are located in the protected area and have a living area of less than 100 m².

Determine whether your dwelling is located within the safeguarded sector:

The yellow perimeter is the safeguarded sector

Demand a change-of-use authorization on a real basis (with compensation) if you are not concerned by these conditions.

You can benefit from a change-of-use authorization on a personal basis (without request for compensation) if:

You use only a part of your main residence, less than 50% of the total surface area of your residence, and your professional activity (even commercial) does not create a nuisance, danger or disturbance for the neighborhood or the building, and complies with the co-ownership regulations and lease in the case of rental. (excluding social housing tenants).

No authorization under the change-of-use regulations is required in the following cases:

• You use only part of your ground-floor dwelling, and your activity (even commercial) does not create a nuisance or danger for the neighborhood, or disrupt the building, and complies with the co-ownership regulations and lease in the case of rental. (excluding social housing tenants).
• You only use part of your home and your professional activity (including commercial) does not receive customers or merchandise, and complies with the co-ownership regulations and lease in the case of rental.

You offer a villa, studio, furnished apartment for short-term rental in Montpellier or Lattes?

2 scenarios:

1. The property is your main residence that you occupy for at least 8 months/year

No authorization is required for:

• Renting out part of your property all year round (bed and breakfast),
• Renting out your property in its entirety for up to 120 days/year on all platforms combined.

2. The accommodation is a second home/investment

• The accommodation belongs to you in your "own name"

You can benefit from a change-of-use authorization on a personal basis (without compensation) within the limit of a single authorization for a single accommodation per commune, for your tax household, and for a period of 3 years renewable once.

Renewal must be applied for in accordance with the conditions set out in the change-of-use regulations.

• The dwelling belongs to a legal entity (SCI, SARL de famille...)

You must apply for a real-life change-of-use authorization (with compensation).

1. Application for authorization to change use on a personal basis (without compensation)

Who files the application?

• In the case of an activity in a dwelling other than furnished tourist rental: the application must be filed by the person (tenant, owner, beneficiary of a promise of sale.
• In the case of furnished tourist accommodation, only the owner holding the property in his or her "own name", or his or her agent, may submit an application and operate the accommodation as such. Only the beneficiary of the change-of-use authorization can rent out the property.

Steps to follow

You live in Montpellier:

• Download the authorization request in the column opposite and send it by mail:

Montpellier Méditerranée Métropole
Direction de l'habitat et des parcours résidentiels (DHaPaR)
Unité changement d'usage
50, place Zeus - CS 39556 - 34961 MONTPELLIER Cedex 2

The file is examined by the change of use unit. The decision is sent by post within a maximum of 2 months once the file is complete.

• Request your authorization online:

You live in Lattes

• Download the authorization request in the opposite column and send it by mail:

Service urbanisme - Mairie de Lattes
Avenue de Montpellier - CS 11010 - 34970 Lattes

2. Request for authorization to change use for real (with compensation)

Search for compensation

This authorization presupposes first of all finding a premises or premises to offer as compensation. They must meet the following conditions:

• be for a use other than residential with regard to the regulations,
• compliant with the quality and surface area criteria set by the regulations,
• compliant with the location criteria: in Montpellier, the compensation premises must be located in the same district as the premises subject to the change of use request or in the city's safeguarded sector.
• except for exceptions, must not be on the first floor.

Compensation review

You live in Montpellier:

• Download the authorization request in the column opposite and send it by mail:

Montpellier Méditerranée Métropole
Direction de l'habitat et des parcours résidentiels (DHaPaR)
Unité changement d'usage
50, place Zeus - CS 39556 - 34961 MONTPELLIER Cedex 2

• Request your authorization online:

You live in Lattes

Approach the town planning department:

Town planning department - Mairie de Lattes
Avenue de Montpellier - CS 11010 - 34970 LATTES

Final authorization

• The issuance of this authorization allows you to use the premises for the purpose for which it is requested.
• You submit the additional documents.
• Within one month of the submission of the additional documents, you will be contacted by the investigating department to arrange a visit to the compensation premises. You will need to make yourself or a representative available.
• The decision is sent by post within a maximum of 2 months once the file is complete.

Any person who breaches the provisions of article L.631-7 or the obligations imposed in application of the regulations is liable to a civil fine of up to €50,000 per irregularly converted premises.

This civil fine is accompanied by a requirement to restore the premises within a given timeframe, and under a fine of up to €1,000 per day of delay and per usable m² of irregularly converted premises (article L.651-2 code de la construction et de l'habitation).

Whoever has knowingly made false declarations and whoever has, by means of fraudulent maneuvers, concealed or attempted to conceal premises subject to declaration, is liable to one year's imprisonment and a fine of €80,000 or one of these two penalties. In addition, the criminal court will order the termination of the lease and the eviction of any tenants found to be improperly installed (article L.651-3 of the French Construction and Housing Code).