Working From Home

Many of the activities carried out in the home can undoubtedly be considered to be work, whether doing domestic laundry, gardening or DIY projects. However this guide exclusively considers the issues surrounding self-employment or other paid employment, from or within, a domestic property located in the District.

This guide seeks to identify the main issues and provide broad guidelines for both homeworkers and neighbours. However the guide is not definitive. It is vital to seek specific guidance, relating to the actual circumstances, to ensure that any proposed or existing activity is acceptable and authorised.

Introduction

The use of the home for employment activities is not a new phenomenon. Before the industrial revolution the majority of people either worked at home, or close to their home, with "living above the shop" being quite typical. With the onset of industrialisation, the needs of mass production dictated that people went to where the work was. This resulted in the creation of factories, industrial areas and the necessity of daily travel.

Many businesses that operate from home have started as a hobby or as an alternative to traditional employment. More recently additional factors, including organisations desiring to reduce their overheads, have encouraged some office and mobile staff to uses their home as a base. Additionally the increasing pressure to reduce car journeys and car dependency, both for environmental and social reasons, is beginning to highlight the benefits of partially using the home as a workplace for growing numbers of people.

These changes are supported by the rapid development of new communication technologies, which are both encouraging and enabling many new ways of working, including teleworking, to be practical for an increasingly wide range of professions and occupations.

Planning

For many low key activities at home planning permission may not be required. If required, proposals will be judged against current Local Plan policies and government planning guidance. Protection of the environment and maintenance of safe and peaceful residential areas will be of prime consideration. Specific regard will be made of the suitability of the premises, their surroundings and the intended use.

Businesses operating from home may well expand and careful consideration of the implications of such growth will be needed. It must not be presumed that because a particular low-key activity had previously not required planning permission, that growth of such a business, at that same location, will be acceptable. If necessary, the Council will try to aid such businesses by assisting them to find more suitable alternative property.

This guide can provide only general guidance on the factors to be considered. You should always contact the Planning Control Division to discuss your specific proposals.

Activities that require or produce any of the following are unlikely to be suitable for the majority of domestic properties:

• employment of people not normally resident at the address;
• generation of significant delivery or despatch traffic;
• activities that create any type of disturbance, for example, smell, noise or dust;
• retailing and visits by the general public.

If the building needs to be modified in any way, such physical changes may require both planning permission and compliance with Building Regulations.

If planning permission is required, particular consideration will include:

• could the proposals affect the quality of life of neighbours?
• is additional traffic generated?
• could there be an impact on road safety?
• are the car-parking and delivery facilities adequate?
• what are the likely hours of operation? Activities outside normal working hours and at week-ends are likely to be discouraged;
• will any bulky business materials need to be stored? Outside storage in particular, is unlikely to be acceptable.

A planning permission, if granted, may have special conditions attached. For example, specific hours of operation, no retail sales or outside storage.

Planning permission may not be required	Likely to require planning permission
Dual business and domestic use of a single internal room or outbuilding for an office, not requiring significant deliveries or callers	Exclusive business use of one or more rooms or employment of staff
Occasional use of domestic kitchen for seasonal produce	Commercial kitchen and catering
Child minding activity for a few children	Regular day-nursery or crèche
Occasional sale or servicing of cars belonging to the household	Regular sale or repair of vehicles for non-residents
Occasional meetings	Regular formal meetings
Using outbuilding or garage for low-key hobby activities	Using garage or outbuilding for manufacturing and other processes
Keeping and breeding a few small animals	Boarding of animals for fees or keeping significant numbers of animals
Overnight parking a single small trade van or taxi on a private driveway	Parking of heavy goods vehicles or coaches on site
Use of 1-2 bedrooms for bed and breakfast	Guest house or nursing home

Please note:
= Food hygiene and Environmental Health requirements
= Social Service requirements
= Dog breeding may require licensing from Environmental Health

The examples in this table are illustrative of the likely planning permission requirements. The footnotes highlight some additional statutory requirements. Always check with the appropriate division for advice and guidance.

Advertising

Advertising consent is required for most signage, other than some very small non-illuminated signs. You should make specific enquiries to the Planning Control Division.

Listed buildings

Buildings that are listed or located in Conservation Areas may be subject to additional requirements. You should make specific enquiries to the Planning Control Division.

Covenants and other restrictions

You should ensure that there is no restrictive covenant placed on the property deeds restricting the activity proposed. You may wish to consult your solicitor for guidance. If your accommodation is rented, you should ensure your landlords, whether private sector, the Council or Housing Association do not place a restriction on commercial activities. It would be wise to gain their written permission. Some mortgage lenders will require notification that commercial activities are being undertaken.

Business rates

Any property, or part of a property which is used for non-domestic purposes, must be considered and if appropriate, assessed for Business Rates. (National Non-Domestic Rate) That decision is made by the Valuation Agency, a part of the Inland Revenue. Be positive, contact them to check the likelihood of an assessment and if required, include provision in your financial plans.

Health and safety

The Health and Safety at Work Act applies to work being carried out at home. All working areas and equipment should be safe and regularly checked to ensure that your responsibilities under the act are being properly fulfilled. A useful leaflet “Homeworking” is produced by the Health & Safety Executive.

Taxation

You should check with your accountant or the tax office how working from home may affect your taxation situation.

Trade waste

Only domestic refuse is collected without charge. If a business activity generates trade waste, arrangements for collection and disposal should be discussed with the Council's Cleansing Section.

Food regulations

Any catering activity is required to comply with strict regulations and you will be required to be registered with the Council's Environmental Services Division prior to commencing any catering business.

Utility charges

Some service providers, for example telecom or electricity, may charge a different tariff for business customers. You should make your own enquiries as to the advantages or disadvantages of any change from domestic tariff.

Insurance

You should ensure that property insurance for both buildings and contents provide suitable and adequate cover for business purposes. In addition you may require specific liability insurance and you should seek the advice of a professional insurance adviser.

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