Can a store loft be converted into an office and considered a primary use space?

Question: According to Article 5 of the N.O.K., can a change of use be made even if it exceeds the current building conditions in a legal building permit? Does this also apply to building permits issued in accordance with previous building regulations? Does this mean that a shop loft can be converted into an office and considered a main use space?

Answer:

Paragraph 3 of Article 5 of the N.O.K. states: “3. In buildings legally existing within an approved plan or settlement, it is possible to change the use in accordance with the current street plan, the current land uses in the area, and regardless of any change in other building conditions.” This means that if, for example, a building was legally constructed with a building coefficient of 4 and the plan was subsequently amended and the building coefficient reduced to 2, the legal building may change use (under the conditions mentioned) without half of it being demolished. The provision refers to terms and not to building regulations, which are G.O.K./73, G.O.K./85, N.O.K., etc. Therefore, the loft you refer to can only be used for the purpose for which it was originally constructed, in this case as an annex to the store, and not for any other independent use. In other words, it can be the store’s office, as an open space without partitions (Article 84(6) G.O.K./1973).