A commercial unit is a commonly used term in the context of conducting business activities. In practice, it refers to a space that is not intended for residential use but for commercial purposes — such as retail, service provision, office work, or storage. Each must meet specific technical and formal requirements, and its operation is regulated by legal provisions. What are these regulations? What exactly should one know when owning such a space? This article answers these questions.
Definition and Purpose of a Commercial Unit
As stated, among others, in the Act on the Ownership of Premises, a commercial unit is a room or set of rooms which, according to the regulations, is not intended for residential use but for business purposes. Therefore, it must comply with different standards, such as ventilation, access to utilities, or floor load-bearing capacity. Unlike residential apartments, it is not intended for permanent human occupancy, but for purposes such as retail, services, offices, or storage.
It should also not be confused with technical spaces (e.g., heating substations) or utility spaces (e.g., basements), which are not intended for business activities and serve entirely different functions. The commercial purpose of the unit should always be defined by administrative decisions, such as a use permit or the local spatial development plan.
Types of Commercial Units
The term “commercial unit” is broad and includes various types of spaces adapted to different forms of business. The differences primarily concern their functions and technical requirements. Here are the most common types:
- Retail unit – intended for selling goods. Typically located in shopping malls, arcades, or street-facing rows, with large display windows and easy customer access.
- Service unit – used for providing services, such as hairdressing, beauty, or veterinary services. Therefore, it should have good ventilation, running water, and meet sanitary standards appropriate for the specific industry.
- Office unit – used by companies, law firms, or agencies. Important factors include good acoustic conditions, internet access, and a comfortable workspace layout.
- Gastronomic unit – designed for running restaurants, cafes, or bars. Requires special permits, appropriate ventilation, access to kitchen facilities, and sanitary systems.
- Warehouse unit – intended for storing goods. Thus, it must offer adequate space, ease of loading and unloading, and often regulated temperature and fire protection systems.
Differences Between a Commercial and Service Unit
Although a service unit falls under the category of commercial units, it is useful to distinguish between the two in practice. A commercial unit is a general term for a space intended for business activities, while a service unit refers to a specific type of such activity – the provision of services.
Differences may also relate to technical requirements. Service units often must meet additional sanitary standards or have specific utility access, especially when the activity involves client contact or food. This distinction may be significant in official documents when obtaining permits or changing the unit’s use.
Regulations Concerning Commercial Units
A commercial unit is subject to several acts and regulations. Familiarity with them helps avoid legal issues and properly manage such a space – both as an owner and a tenant.
- Civil Code – defines the rules for concluding and terminating lease agreements, the rights and obligations of parties, and liability for the unit’s condition.
- Act on the Ownership of Premises (Journal of Laws 1994 No. 85, item 388) – defines a commercial unit as a separate property, regulates its separation, and the rules for managing common property.
- Construction Law (Journal of Laws 1994 No. 89, item 414) – includes regulations concerning, among others, changing the use of the unit, the owner’s obligations, and the principles of construction work.
- Regulation on technical conditions that buildings and their location must meet (Journal of Laws 2022, item 1225) – specifies requirements regarding, e.g., room height, ventilation, heating, daylight access, and fire safety.
Technical Parameters and Condition of the Commercial Unit
Every commercial unit must meet specific technical requirements set out in legal regulations. The key document here is the Regulation of the Minister of Infrastructure dated April 12, 2002, concerning technical conditions that buildings and their location must meet. It specifies, among others:
- Ventilation and air-conditioning requirements – the unit must have effective ventilation (gravity or mechanical), with capacity adjusted to the number of occupants and the type of activity.
- Lighting requirements – regulations specify minimum standards for natural light and artificial light intensity, adjusted to the nature of the work.
- Access to utilities and sanitary installations – the unit should have sewage systems, access to hot water, and an adequate number of sanitary facilities.
- Electrical installation safety – protection against electric shock, emergency lighting, and access to distribution boards are required.
- Fire protection requirements – defined fire resistance classes, emergency exits, alarm systems, and fire extinguishers are necessary.
- Noise protection – regulations specify maximum noise levels and acoustic insulation requirements.
- Adaptation for people with disabilities – the unit should have appropriately designed entrances, toilets, and corridors.
- Room height and unit size requirements – e.g., the minimum working height is usually 3 meters; a commercial unit should be at least 25 m² unless it meets exception conditions.
The technical condition of a commercial unit directly affects its safety and comfort. The owner is responsible for ensuring the unit complies with legal requirements – both during construction and in the case of changes in use or modernization.
Selecting and Adapting a Commercial Unit
Selecting a commercial unit is one of the most important decisions before starting a business. The location should suit the nature of the business – a retail store will have different needs than a beauty salon, warehouse, or office. Key factors include: access to public transport, pedestrian traffic, proximity to competitors, and visibility from the street. It is also advisable to check the local spatial development plan, which may define what types of activities are permitted there.
Once you find the right place, the next step is to adapt the commercial unit to your needs. Depending on the industry, this may involve constructing sanitary facilities, installing air conditioning, rearranging partition walls, replacing installations, or meeting specific technical requirements. These works must comply with construction and sanitary regulations – it is often necessary to obtain a health inspector’s opinion or report changes to the relevant office.
Modern Technologies in Commercial Units
More and more owners and tenants are investing in solutions that improve the comfort, safety, and efficiency of using a commercial unit:
- Smart locks – enable remote door opening, access control, and one-time entry codes. Especially useful for short-term rentals or shift-based work.
- Monitoring systems and alarms – enhance unit security and reduce the risk of burglary or vandalism. Recordings can often be accessed remotely, e.g., via a mobile app.
- Building automation (smart building) – allows remote control of lighting, heating, ventilation, or blinds. This helps reduce energy consumption and adjust working conditions as needed.
