There are a number of requirements that need to be met before you can run your business from your home.
Requirements to be met (clause 52.11-1)
You do not need a planning permit if you are working from home and your occupation meets the following requirements:
- The person conducting the home based business must use the dwelling as their principal place of residence.
- No more than two persons who does not live in the dwelling may work in the home based business at any one time.
- The net floor area used in conducting the business including the storage of any materials or goods must not exceed 100 square metres or one-third of the net floor area of the dwelling, whichever is the lesser. The net floor area includes out-buildings and works normal to a dwelling.
- The business must not impose a load on any utility greater than normally required for domestic use.
- No motor vehicle may be adjusted, modified, serviced or repaired for gain.
- Only one commercial vehicle (a commercial goods vehicle, commercial passenger vehicle or tow truck within the meaning of the Transport Act 1983), not exceeding 2 tonnes capacity and with or without a trailer registered to a resident of the dwelling may be present at any time. The vehicle must not be fuelled or repaired on the site.
- No goods other than goods manufactured or serviced in the home based business may be offered for sale. This requirement does not apply to goods offered for sale online.
- Materials used or goods manufactured, serviced or repaired in the home based business must be stored within a building.
- No goods manufactured, serviced or repaired may be displayed so that they are visible from outside the site.
- Any goods offered for sale online must not be collected from the dwelling.
- The occupation must not impose a load on any utility greater than normally required of domestic use.
Further to this, the occupation must not adversely affect the amenity of the neighbourhood in any way including:
- the appearance of any building, works or materials used
- the parking of motor vehicles
- the transporting of materials or goods to or from the dwelling
- the hours of operation
- electrical interference
- the storage of chemicals, gases or other hazardous materials
- emissions from the site.
These requirements are specified in the Mitchell Scheme, Appendix A – Home Occupation Clause 52.11
Home based businesses are still obligated to obtain licences if they are working with Food or Health, Wellbeing and Accommodation.
For a full list of licences your business may require, visit the Australian Business Licensing and Information Service website or use our Small Business Self-Assessment Tool to get an idea of what Council permits you might require.
This page was last updated on 9 November 2020.