The State Environmental Planning Policy (Exempt & Complying Development Codes) (SEPP) defines 4 types of home based business (home-based child care, home businesses, home industries and home occupations). There are also two sub types of home based businesses (home food businesses and home skin penetration businesses);
Home based child care
A dwelling used by a resident of the dwelling for the supervision and care of one or more children and that satisfies the following conditions:
- The service is licensed within the meaning of the Children and Young Persons (Care and Protection) Act 1998.
- The number of children (including children related to the carer or licensee) does not at any one time exceed 7 children under the age of 12 years, including no more than 5 who do not ordinarily attend school.
Home business
A business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve any of the following:
- The employment of more than two people other than those residents.
- Interference with the amenity of the neighbourhood reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.
- The exposure to view, from any adjacent premises or from any public place, of any unsightly matter.
- The exhibition of any signage (other than a business identification sign).
- The sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Home industry
A dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following:
- The employment of more than two people other than those residents.
- Interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.
- The exposure to view, from any adjacent premises or from any public place, of any unsightly matter.
- The exhibition of any signage (other than a business identification sign).
- The sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Home occupation
An occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve any of the following:
- The employment of persons other than those residents.
- Interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise.
- The display of goods, whether in a window or otherwise.
- The exhibition of any signage (other than a business identification sign).
- The sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.
Home Food Business
- Home based food businesses require approval from Council prior to operating. The approval may be in the form of a Complying Development Certificate or Development Application, depending on if any alterations or additions are required to the existing dwelling. The construction and fit out of the food preparation area (including areas used for storage, refrigeration and cooking) must comply with the Australian Standards 4674—2004, Design, construction and fit-out of food premises, the Food Act 2003 and regulations and the Building Code of Australia relating to premises where food is manufactured.
- Contact Council’s duty planner on 97100333 or an accredited certifier to determine what application is required.
- Upon approval home food businesses that sell food from the premises or from a market or school canteen are required to be registered with Council. Register with us.
- The NSW Food Authority regulate domestic kitchens that only sell food to other businesses, such as cafes, restaurants and supermarkets. Visit the NSW Food Authority for information on the obligations for food businesses and issues to consider.
- Home food businesses must operate in accordance with the Food Act 2003 (NSW) and the Food Standards Code. You may also need to appoint a Food Safety Supervisor depending on what kinds of food you will prepare and sell.
- Contact Council's Health Officer on 9710 0333 regarding requirements prior to the opening of the food business. Council may not approve home businesses, which handle high risk foods such as dairy products, seafood, deli meats or eggs.
Home Skin Penetration Business
Signage
The only sign you can display on your home is a 'business identification sign'. A business identification sign means a sign that indicates:
- The name of the person or business.
- The nature of the business carried out by the person at the premises or place at which the sign is displayed.
- The address of the premises or place and a logo or other symbol that identifies the business, but that does not include any advertising relating to a person who does not carry out business at the premises or place.
Business identification signs for home-based businesses must comply with the requirements of the NSW Advertising and Signage Exempt Development Code.
Still need help?
Council has planning staff on duty at the Customer Service Centre Monday to Friday between 8.30am and 4.30pm. No appointment is necessary. If you wish to speak to a duty officer on the phone call 9710 0333.
The NSW Department of Industry also has some useful resources to assist with setting up and running a Home Based Business . The Quick Reference Guide For Getting Started provides a simple check list to follow.
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