Change of use is one of the most common reasons a straightforward fitout becomes a six-month approval process. It is also the item most often missed at the site inspection stage, because the premises looks like it already does what you want it to do.
What change of use means
Every use of a building has a classification under the National Construction Code. When the classification changes, the approval requirements change with it — different fire requirements, different access requirements, different amenities, and a different approval pathway.
| Previous use | Proposed use | Class | Change of use |
|---|---|---|---|
| Office | Shop, retail | Class 5 → Class 6 | Yes |
| Shop or office | Gymnasium | → Class 9b | Yes |
Converting an office tenancy into a retail shop is a change of use. Turning an office or shop into a gym is a change of use. The fitout scope can be modest and the approval requirement still applies.
The trap: converting back is still a change of use
A site can have been approved for a change of use years ago — a shop converted to a gym, for example — and converting it back to a shop is still a change of use requiring approval. The approval history does not reset because you are returning to something similar to what was there before.
This catches tenants who assume that because the premises was once a shop, opening a shop in it is straightforward. What matters is the current approved classification, not the historical one.
What it costs in time
| Stage | Duration |
|---|---|
| Design | about 4 weeks |
| DA submission preparation | +2 weeks |
| Design to lodgement | 4 – 6 weeks |
| Council determination | 6 – 12 weeks, not guaranteed |
| DA to Construction Certificate | 3 – 6 weeks |
Approval work alone runs 13 to 24 weeks before construction starts. Compared with a complying development approval at two to four weeks, that difference is the reason change of use belongs in the site selection decision rather than the fitout decision.
Protecting yourself
Two things to do before committing to a lease on a site that needs a DA:
- Confirm the actual approved use — not what the previous tenant did, and not what the agent believes. Ask the council or the certifier what the current classification is.
- Bind lease commencement to DA and CC approval. See the lease clause we recommend every tenant negotiate.
Full detail on the approval routes is in our CDC versus DA guide.
