Addition or change of activity in a commercial lease

Verified 24 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)

The activity carried out in a commercial premises must correspond to that indicated in the lease contract. If the tenant wishes to exercise complementary activities at its main activity, it must inform the owner (landlord). However, for change activity practiced on the premises, it must obtain the agreement of the owner.

Adding an activity

The tenant may add one or more other activities to the main activity provided for in the commercial lease, provided that these activities are related or complementary. We're talking about partial de-specialization.

  • One related activity is an activity closely related to the activity already carried out. For example, the sale of ready meals is considered to be related to the main activity of selling cold cuts.
  • One complementary activity is that which is necessary for a better exercise of the principal activity. For example, the sale of food products at a gas station.

Example :

Activities are considered related in the following cases:

  • Sale of food products at a service station
  • Sale of wines, eggs, sausages and chickens in a seasonal fruit and vegetable business.
  • Horse racing betting activity (PMU) in a coffee shop

On the other hand, the following activities are considered non-related :

  • Sale of confectionery, chocolates, ice cream for the baker's activity.
  • Nail polish application and facial moisturizer in a medical, biology, radiology research center

Before any addition of activity, the tenant must notify the owner by registered letter with acknowledgement of receipt (AR) or by act of commissioner of justice (formerly act of judicial officer) of his intention to add an activity. We're talking about partial de-specialization.

Such prior notification shall not constitute a request for authorization. The owner is not obliged to respond

FYI  

If the owner is not informed of the addition of a new activity, he can apply to the court for the judicial termination of the commercial lease. He can also refuse the renewal of the lease (without payment of an eviction indemnity).

The owner has 2 months for challenge the tenant's project from the receipt of the act of the commissioner of justice or registered letter with acknowledgement of receipt.

He is not required to respond in a particular form: he can do so by registered letter with AR, but it is not mandatory.

FYI  

Beyond the 2-month period, the owner can no longer dispute the addition of the activity. Sound no response within 2 months is acceptance of the project.

The tenant may then refer the matter to the judicial court for recognition of the related or complementary nature of the proposed new activity.

Who shall I contact

FYI  

In the event of a dispute from the owner, the tenant cannot expand his activity. He has to wait for the court to rule.

The court then determines whether the activity is related or complementary, taking into account the evolution of commercial uses but also technical progress.

For example, the fact that a café-restaurant offers tickets to enter a castle is a service offered by all the bars and restaurants located near this castle. This corresponds to the evolution of local commercial uses. This activity can therefore be included in the commercial lease.

The evolution of commercial practices can be established by certificates from professional chambers: chambers of trades and crafts (CMA) and chambers of commerce and industry (CCI).

The addition of a related or complementary activity does not result in an immediate rent increase.

The latter may intervene during the triennial rent review that follows the activity extension notification. The landlord can increase the rent if the added activity has itself caused a change in the rental value rented places.

If the tenant considers that the increase in the new rent is too high, he has the possibility to withdraw and thus decide not to carry out the additional activity envisaged. The waiver may be exercised up to 15 days after the court's decision has become final. In this case, he must send to the owner (lessor), by act of commissioner of justice or by registered letter with AR, his waiver to exercise a related or complementary activity. The tenant must pay all costs related to the dispute.

Change of activity

The tenant may be authorized to practice in the rented premises 1 or more different activities of those initially provided for in the commercial lease. We're talking about total or plenary de-specialization. The tenant can therefore request authorization to carry out a new activity in addition to that which he already carries out on the premises, or an activity different from that authorized by the lease. It may also request authorization to carry on any business.

The tenant can make a change of activity if he completes all conditions following:

  • The new activity proposed by the tenant corresponds to the evolution of the economic situation. This is for example an economic crisis affecting the business branch of the tenant. Thus, a tenant who operated a business of maps that became loss-making was allowed to practice all businesses except food.
  • The new activity meets the rational organization of distribution. This is for example the interest in creating another activity in relation to existing businesses and customer needs. The transformation of a dry cleaner into a restaurant in a very touristy area is justified given the constant decline in the financial results of dry cleaners.
  • The new activity is compatible with the destination, character and location of the building. When the premises are located in a condominium, it must be verified that the proposed activity is not prohibited by the condominium by-law. In addition, the new activity must not cause nuisance to the neighborhood. Thus, the transformation of a furniture business into a fast-food bar business generates various noises and nuisances that can disturb the living conditions of the occupants of the building.

The tenant must therefore demonstrate that, in view of the changing economic situation and the organization of distribution, the activity carried out is inadequate and that the new activity is necessary.

Please note

The first tenant of a premises included in a shopping center may not use the plenary de-specialization procedure for 9 years from its entry into use.

Request for prior authorization from the owner

The tenant who wishes to carry out an activity different from that provided for in the lease contract must request a prior authorization to the lessor by act of commissioner of justice or by registered letter with AR.

The application shall include an indication of the proposed new activity(ies).

When the tenant carries out a new activity without having obtained prior authorization from the lessor, the owner can apply to the court to demand the termination of the commercial lease. The lessor may also refuse to renew the commercial lease.

FYI  

If the tenant uses the registered letter with AR and it could not be delivered to the owner, the process must be renewed by act of commissioner of justice.

Information of registered creditors on the goodwill

The tenant must notify the application for authorization to creditors with a privilege registered on the goodwill.

This notification must be performed by act of commissioner of justice or by registered letter with AR. The change in the business of the business can impact the rights of these creditors. Creditors can then claim additional collateral (e.g. bond) invoking the risks associated with the new activity.

Example :

A bank grants a guarantee on a business. If the tenant changes business, the bank may require additional security if it considers the new business to be riskier.

The owner must respond within 3 months receipt of the request for a change of activity, by act of commissioner of justice or by registered letter with acknowledgement of receipt.

It has 3 possibilities:

  • Accept Transformation
  • Oppose the transformation, giving reasons for its refusal (for example: the new activity is incompatible with the condominium regulation)
  • Give consent under certain conditions (e.g. rent increase, execution of certain works)

FYI  

The owner who does not respond to the request for a change of activity is considered to have accepted this change.

Where the landlord has given an undertaking to his other tenants not to lease the business for an activity identical to that which they carry out (exclusivity clause), he must inform them. It has a one-month deadline from the tenant's request. It transmits this information by act of commissioner of justice or by registered letter with AR.

The tenants then have a period of one month to let the owner know their opinion on this change. If one of the tenants refuses the change of activity, he can apply to the court to try to obtain financial compensation or the rejection of the change of activity.

The owner may object to the change of activity in the following cases:

  • Serious and legitimate motive : for example, it may refuse to convert a clothing business into an oriental food business when this can cause nuisance in the vicinity with congestion of the sidewalk.
  • Non-compete undertaking vis-à-vis other tenants when renting several businesses. The landlord can refuse the change of activity if another of his tenants with whom he has signed a non-compete agreement, carries out the same activity.
  • Exercise of sound right of take-back : it may refuse the conversion and take over the rented premises in the event of reconstruction of the existing building or elevation of the building or urban renovation work

However, if the owner's refusal is not justified by a serious and legitimate reason, the court may decide to authorize the change of activity.

The owner who has accepted the change of activity can, in return, claim from his tenant a rent increase and this without waiting for the triennial review.

The change of activity may also result in the payment of a so-called de-specialization allowance. This compensation is paid to the owner to compensate for a loss. For example, it may be a loss related to the decrease in rents of other tenants due to disturbances in enjoyment caused by the new activity.

If the tenant considers that the increase in the new rent or the de-specialization allowance is too high, he has the possibility to withdraw and thus decide not to carry out the new activity envisaged. To do this, he has a period of 15 days after the court's decision has become definitive.

In this case, the tenant must then send to the owner, by act of commissioner of justice or by registered letter with AR, its waiver of any related or complementary activity. He must pay all costs relating to the dispute.

Warning  

In the event of a change in the use of the commercial premises, i.e. of facilities that adapt the premises to a new activity (example: workshop converted into a store), the owner must make a declaration for a revision of his rental value with the tax authorities (SIE).

Declaration of premises for commercial or professional use (Form No. 6660-REV)

FAQ