A building that can physically accommodate a business is not necessarily approved for that use. The May dossier considers the legal checks before signing a lease, fitting out premises or converting an existing building.
May 2026 practice dossier. A thematic entry in the annual archive, prepared and legally reviewed on 13 November 2026. This is not a claim that it was published or that legislation changed in that month.
Compare the approved and proposed uses
Obtain the existing permit and its drawings rather than relying only on the property description. Describe occupancy, operating hours, deliveries, noise, fire risks and technical equipment. Even where no major structural works are planned, a different use can raise new requirements. Check the relevant state building procedure and the planning basis; procedure-free work is not an exemption from substantive requirements.
Align the transaction with the permit risk
A binding development plan, section 34 BauGB or another planning route may govern the site. The relevant assessment depends on the actual project and surrounding area. Before a lease becomes unconditional, allocate responsibility for applications, owner cooperation, costs and a refusal or delayed decision. A commercial target opening date should not silently become a guarantee that the authority will approve the use.
Project review checklist
- Compare permit drawings with the intended operation.
- Identify planning, fire-safety and other approval interfaces.
- Allocate refusal and delay risks in the lease or purchase agreement.
Four practical examples
These illustrative scenarios are fictional examples, not accounts of client matters.
Office to clinic
A tenant plans treatment rooms in a former office. Review accessibility, escape routes and operational requirements before ordering the fit-out. The fact that both uses involve visitors does not settle the approval question.
Warehouse to gym
A warehouse is intended for evening fitness classes. Assess visitor numbers, parking and neighbourhood effects. A planning review should precede a long-term lease commitment.
Restaurant extension
An operator adds outdoor seating and later opening hours. Examine the specific approvals and neighbours affected rather than treating the change as furniture procurement alone.
Residential conversion
A developer proposes apartments in a commercial building. Compare the available planning route with noise and building-safety requirements. A favourable policy objective does not dispense with the project-specific assessment.
Further guidance and sources
Explore the related construction law service