How to Open in a Space That Used to Be Something Else: Change of Use in Brevard County
A change of use in a commercial space needs a certificate of occupancy from the building official before you can open (Florida Building Code, Building, section 111.1).
At Reach Commercial Real Estate, we represent tenants. We help you find locations, compare costs, investigate property questions and negotiate the lease.
1. Find out what a change of use means for your space
Before changing the occupancy, the owner or the owner's authorized agent has to apply to the building official. They also have to get the required permit (Florida Building Code, Building, section 105.1). The Existing Building code governs repair, alteration, change of occupancy, addition to and relocation of existing buildings (section 101.4.7). Chapter 10 of that code is Change of Occupancy.
A change of occupancy also needs the code official's approval. That includes a change within a space where Chapter 9 sets a different fire protection system threshold. A certificate of occupancy is issued once the requirements for the change are met (Existing Building, section 1001.2).
2. Compare the occupancy groups for the old use and the new one
Chapter 3 of the Florida Building Code, Building, sorts uses into groups:
Retail or wholesale stores: Group M (section 309.1).
Restaurants, cafeterias and similar dining facilities, including associated commercial kitchens, plus taverns and bars, nightclubs and banquet halls: Group A-2 (section 303.3).
Barber and beauty shops: Group B (section 304.1).
Bakeries: Group F-1 (section 306.2).
Gymnasiums without spectator seating: Group A-3 (section 303.4).
A former retail space that becomes a restaurant moves from Group M to Group A-2.
A building or tenant space used for assembly with an occupant load under 50 is Group B (section 303.1.1). A use that is not listed goes in the group it most nearly resembles, based on fire safety and relative hazard (section 302.1).
3. See what Chapter 10 reviews
Chapter 10 of the Existing Building code covers these areas:
Special use.
Building elements.
Fire protection.
Means of egress.
Accessibility.
Structural.
Electrical.
Mechanical.
Plumbing.
Energy.
Other items.
Change of occupancy classification.
If the use changes but the classification does not, the work follows Chapter 6, classification of work, and sections 1002 through 1011 (Existing Building, section 1001.2.1). If the classification, or the group within the classification, changes, sections 1002 through 1012 apply (section 1001.2.2).
Accessibility has to comply with the Florida Building Code, Accessibility (section 1006).
4. Compare the thresholds that differ by group
A Group M building needs sprinklers throughout in any of these cases (Florida Building Code, Building, section 903.2.7):
The M fire area exceeds 12,000 square feet.
The building is more than three stories above grade plane.
The combined M area on all floors, including mezzanines, exceeds 24,000 square feet.
Upholstered furniture or mattress display exceeds 5,000 square feet.
A Group A-2 fire area needs sprinklers in any of these cases (section 903.2.1.2):
The fire area exceeds 5,000 square feet.
The fire area has an occupant load of 100 or more.
The fire area is on a floor other than the level of exit discharge.
In Florida, a restaurant, cafeteria or similar dining facility needs sprinklers only if its fire area occupancy load is 200 patrons or more. That includes an associated commercial kitchen.
Fixture counts differ too (Florida Building Code, Plumbing, Table 403.1). Mercantile gets 1 water closet per 500 for men and 1 per 750 for women. Restaurants get 1 per 75 for each sex.
We help you identify questions for the landlord and your contractor. For promising spaces, bring your contractor and design professional into the review. We help gather property information. They evaluate the technical work and cost.
5. Check the permits in Melbourne and unincorporated Brevard County
Melbourne requires building permits for tenant build-outs (City of Melbourne, Building Section FAQ). It requires plans signed and sealed for all commercial work except parking lots and work under $2,500 that does not affect structural or means of egress components.
Commercial construction permits typically average 14 to 21 working days for approval or response when plans need only a single review. A permit application is valid for 180 days, and an issued permit has 180 days to achieve an approved inspection.
In unincorporated Brevard County, an interior alteration without a change of occupancy classification is a Commercial Renovation permit. A new interior build-out, or an alteration with a change of occupancy classification, is a Commercial New Construction permit.
The Commercial New Construction application lists plans signed and sealed by a Florida registered architect or engineer. The Commercial Renovation page lists the plans line as "N/A."
6. Ask the fire offices
Brevard County Fire Rescue's Office of Fire Prevention offers free courtesy inspections. They are for businesses with fire and life safety questions about a potential new location or changes to an existing business. You can request one at (321) 637-5660.
In Melbourne, the Fire Prevention Office at 321-608-7910 handles fire inspections other than those for new construction. It also reviews fire and evacuation plans for facilities including commercial.
7. Line up the lease with the change of use
Start nine to twelve months before your current lease ends for a simple move. Allow longer if the space needs buildout, permits or a change of use. That is the timing on our tenant representation page.
We write down what the flyer left out, then line up offers on total occupancy cost per year.
Our lease checklist includes landlord work versus tenant work, a TI allowance, free rent during the buildout and a permit contingency.
We want to know which approvals apply before you commit. If other approvals are needed, we bring the expected process and timing into the lease discussion.
Extra items to add to your list
Kitchen exhaust. If the new occupancy has different kitchen exhaust requirements or needs more mechanical ventilation, it has to comply with the Florida Building Code, Mechanical (Existing Building, section 1009.1).
Plumbing fixtures. A new occupancy with increased or different plumbing fixture requirements has to comply with the intent of the Florida Building Code, Plumbing. The code specifies fixture quantities for the increased load only where the story's occupant load goes up by more than 20 percent (section 1010.1).
Waste lines above food. If the new occupancy is a food-handling establishment, existing sanitary waste lines above food or drink preparation or storage areas have to be panned or otherwise protected. New drainage lines cannot be installed above those areas (section 1010.2).
Start your search with Reach
You do not need to find the property before calling us. In most deals the landlord pays our fee.
Call 321-514-0876 with your business type, equipment list, preferred area and target opening date, or with the address of a space you have found.
Related: the space needs analysis.
Frequently Asked Questions
What does the Brevard County Commercial New Construction application list?
Forms, certificates and plans, plus fees. The application lists an Application for Building Permit and an Owner Builder form if one applies. It lists a Subcontractor Authorization and a Potable Water Service Capacity Availability Certificate or Reservation Certificate. It lists a Notice of Commencement if the job value exceeds $5,000.00. It also lists plans signed and sealed by a Florida registered architect or engineer, energy calculations and a signed and sealed plot plan. Fees include Fire Prevention Review, Utilities Review, which varies by project, a $210.00 flat Zoning Review, a $175.00 Concurrency Review and impact fees. Impact fees are due prior to pre-power or final inspection, whichever occurs first.
Do Brevard County impact fees apply to a change of use?
The county's page does not say. Its Impact Fees page says impact fees are assessed when new homes and new businesses are built, or when existing businesses are expanded. It does not mention a change of use.
Sources
Written by Cassandra Hartford, founder and CEO of Reach Commercial Real Estate. She has worked in Brevard County commercial real estate for 17 years, representing buyers, sellers, landlords, and tenants across Florida's Space Coast.
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