In order to live in a garden house on a permanent basis or simply to legalize its use as a residential building, it is necessary to change its purpose. However, this is not a simple formality—the change of purpose is regulated by law and depends on various factors: the type of land use, the parameters of the existing building, infrastructure, and local planning documents. In this article, we will explain when such a change is possible, how it is done, and what documents are required to make a garden house an official residential building.
When can the purpose of a garden house be changed?
A change of purpose is only permitted if the plot and the building itself meet certain legal and technical criteria. One of the most important aspects is the intended use of the land plot. In order for a garden house to become a residential house, the land plot must be suitable for residential construction.
If the plot is designated for gardening, its purpose can only be changed to residential if:
- the plot is located in an area where residential construction is permitted according to the valid planning documents (general or special plan);
- it is possible to connect engineering communications;
- the building meets at least the minimum requirements for a residential building (height, distances, area, etc.).
It is important to note that even if the house itself is large enough and properly equipped, but the plot is not located in an urbanized area or the planning documents do not specify residential use, you will not be able to change the purpose of use. In such a case, it may be necessary to change the detailed plan or even adjust the land use regime.
More information on this is provided by the Building Inspection in its information article, which emphasizes that not every garden house can be equated to a residential building.
What does the legislation provide for regarding a change of purpose
The change of purpose of a garden house to residential is regulated by several important legal acts. The main document is the Construction Law of the Republic of Lithuania, which establishes when the purpose of a building may be changed and what requirements must be applied to such changes.
According to Article 2(16) of the Construction Law, a change of purpose is considered to be a reconstruction of a building if its functional parameters (e.g., sanitary facilities, heating solutions, layout of rooms) are also changed. In such cases, higher requirements apply than for a simple change of registration.
This procedure is regulated in more detail by the Technical Regulation for Construction STR 1.01.03:2017, which specifies:
- in which cases a building permit (SLD) is required,
- what documents are required when submitting a project,
- when the purpose can be changed under a simplified procedure.
It is also necessary to follow the Territorial Planning Law, which specifies the conditions under which a plot of land may be used for purposes other than its main purpose and in which cases planning documents need to be changed.
It is important to know that even if a garden house is legally registered in the Real Estate Register, this does not mean that its use for residential purposes is legal. The purpose must be officially changed in accordance with the procedure established by law, otherwise its use for residential purposes may be considered illegal.
How the purpose change procedure works
Changing the purpose of a garden house to residential is not only a documentary process, but also a technical process during which it is assessed whether the building meets the requirements for a residential house and whether its use for this purpose does not conflict with the valid spatial planning documents.
1. Assessment of the suitability of the plot
First, it is necessary to assess whether the land plot allows for the construction of a residential house. This is checked against:
- the general or detailed plan;
- special territorial planning documents;
- the registered purpose of the land plot.
If the planning documents do not provide for residential use, the process of changing the purpose may not be possible without additional procedures, such as amending the detailed plan.
2. Analysis of the condition and technical parameters of the building
The building itself is then assessed:
- whether it complies with fire safety requirements;
- whether the height and usable area are sufficient;
- whether there are sanitary facilities, heating solutions, etc.
These aspects are important because the garden house may be too small or may not meet the minimum hygiene or technical construction requirements for residential buildings.
3. Project preparation
If a change of use is possible, a project for changing the use of the building is prepared. It must be prepared by a certified designer. The project includes an analysis of the current condition and solutions that would make the garden house suitable for living.
In some cases, a simplified project is sufficient, especially if the building meets all requirements and no reconstruction work is required.
4. Obtaining a building permit
If construction work is planned during the change (e.g., structural alterations, installation of engineering networks), a building permit (SLD) will be required. The procedure is carried out through the Infostatyba system by submitting the project and other necessary documents.
If no construction work is to be carried out, it may be sufficient to coordinate the project and change the registration, but this must be confirmed by the relevant authority.
What documents will need to be submitted?
In order to change the purpose of a garden house to residential, you need to prepare and submit certain documents, depending on the situation – whether construction work is being carried out or not. The list of documents may vary slightly between municipalities, but the general requirements are as follows:
Basic documents:
- Ownership documents – documents confirming ownership of the land plot and building or other documents confirming the right to use the land.
- A copy of the plot plan – showing the current situation and location of the building.
- A project for changing the purpose of the building – prepared in accordance with legal requirements and adapted to the purpose of the residential building.
- A declaration of completion of construction or a certificate of compliance of the building with requirements, if necessary.
- A summary of design conditions – when necessary.
- Municipal consent or other permits, if required by planning documents.
In some cases, additional documents may be required, for example:
- Approval from the Protected Areas Service, if the plot or building is located in a protected area.
- Geodetic measurements, if the building has not been accurately registered before.
The entire process is usually carried out through the Infostatyba system, where you can submit documents electronically, monitor their approval process, and receive responses.
Need help?
Changing the purpose of a garden house to residential may seem like a complicated legal process, but with a clear structure, everything becomes manageable. If you have any questions about design, plot suitability, or document submission, the stav.lt team will help you throughout the process. From the initial consultation to the preparation of documents, our specialists will help you every step of the way.