# Can you legally have a workshop/ run a business from home?



## goldeneyedmonkey (16 Nov 2010)

Hello all,

I think I know the answer to this, but here goes anyways...

Can you operate a full business from home? As I'm moving into a new house just after New Years, and on the ground floor is a 1 1/2 size normal garage (ish) and then an entrance-way that is another 3/4 of a garage sized long.

I imagine due to legal reasons/ residential area and H&S reasons it's not possible to run a workshop orientated business from home.

It just seems a shame as it's a perfectly usable space, and I don't really want to shell out for a workshop as well as a mortgage unless I have to (which I think I will!) Oh yeah, it's semi-detached as well. But not an end terrace.

Thanks for any input_Dan


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## Gary (16 Nov 2010)

Not to mention planning permission, the fact your mortgage will be residential only, plus a host of other reasons. :roll:


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## Karl (16 Nov 2010)

I doubt you'd get away with it full time. I (and I suspect I am far from alone) run a small 'shop in my home garage for the odd time I need it. I suspect that for "business" purposes it doesn't get used for more than a couple of weeks a year. Everything else is personal use and, therefore, different.

Cheers

Karl


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## tomatwark (16 Nov 2010)

A friend of mine does, from the basement of his converted chapel.

He had to get planning permission 

He pays council tax for the living space and business rates for the basement.

I guess it would depend on where you are and what the local councils policy is.


Tom


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## thomvic (16 Nov 2010)

Post subject: Can you legally have a workshop/ run a business from home?

The straight answer is yes - but you must have the appropriate permissions in place - Planning Permission, mortgager's permission, insurer's permission, covenentor's (if any) permission and, most importantly - your wifes's permission.

Richard


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## goldeneyedmonkey (16 Nov 2010)

thomvic":3l1yms3c said:


> Post subject: Can you legally have a workshop/ run a business from home?
> 
> The straight answer is yes - but you must have the appropriate permissions in place - Planning Permission, mortgager's permission, insurer's permission, covenentor's (if any) permission and, most importantly - your wifes's permission.
> 
> Richard


 no wife in the picture, just a 2 year old daughter, I doubt she's got much to say about the matter :lol:

Yeah it's as I thought, I could spend months-years waiting around for different permissions from different authorities, no thanks! I might use it for a spray-booth when I get enough orders in (I'm starting up a business proper just after the new year.) I also need somewhere to photograph all my pieces properly, this will do adequately.

Thanks for your input folks. _Dan


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## Jacob (16 Nov 2010)

Perfectly legal but you might eventually get asked to apply for planning permission, particularly if it involves converting a space (building regs for fire etc) making noise, generating conspicuous waste or traffic, having visitors, employing people etc.
But if you are just going to be a discrete one man band you may not get bothered. If you do get approached by planners they are usually helpful and give you plenty of time to apply, unless you are doing something seriously anti-social, intrusive etc.
So don't bother asking them first (they will say apply immediately) just wait and see.

PS Most important thing is to not bother the neighbours. If they start complaining the process speeds up!


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## tom owens (16 Nov 2010)

Sorry to hijack your thread Dan!!

Does this include out buildings such as big old sheds?


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## cambournepete (16 Nov 2010)

Yes.

And always talk to planning first - they have the power to shut you down if you don't have the right permission...


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## Hudson Carpentry (17 Nov 2010)

Its another yes from me, i have my offices and workshop built onto the side of my house (house is detached from any other houses). I pay commercial rates for this plus residential rates for the house. Rang H&S for advice and basically said pipper off if your not employing anyone else to work in there.


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## chunkolini (17 Nov 2010)

I worked fulltime in my garage for two years making metal sculptures.
At times I was working outside in a communal carpark welding some huge stuff, like 4.5m long ants. Never had any hassles from the neighbours. 
Who were the neighbours? only the local council.

I think I was fortunate, not to get any problems, as it could have got very messy.
I think if you are going to start discretely have a chat with the neighbours, be careful regards noise and mess, dont work evenings or weekends if you can avoid it.

Chunko'.


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## tomatwark (17 Nov 2010)

There is another thing to think about.

If you are thinking of customers coming to see you at the workshop, they then know where you live.

You will then get people calling by on a Sunday or when you have just sat down for your tea, just wanting to see how their job is going or they are doing some work on their house and can you just cut them abit of wood.

It is sometimes better to have the workshop away from the house, so you can go home at night and not be disturbed.

Also I am exdirectory for the same reason, it is normally the customers who will want it done on the cheap and then not pay you that do this.

Tom


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## srp (17 Nov 2010)

I think Jacob has the answer here - just get on with it and worry about planning etc if and when it arises. If you don't cause a nuisance to your neighbours then they probably won't know or care.
If the worst happens you can always claim you're a site chippy and the workshop is just your hobby. 
The only thing I would suggest is that you either don't allow visitors into your workshop at all, or you get some public liability insurance.


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## jeffinfrance (17 Nov 2010)

as a freeborn human being, you are blessed with a few inalienable rights.

one of those, which is backed up by every single human rights convention, constitution and other such worthless bits of paper, is your right to earn a living.

claim your right and do it.

by asking for permission, you immeadiately give up those rights.

NB this tactic works best when you own your property.

if you create no nuisance, should have no problem.


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## moz (17 Nov 2010)

I agree, just go ahead but consider the neighbours. Regarding paying business rates, this would apply if the business part of the property was totally discrete likle the purpose built office mentioned. It does not apply if the waters are muddied by using a multi-purpose space that is part of the home. If it were a hobbies room/storage shed/workshop, used for only part of the time in your business, for example. If you do treat it as a separate entity, you can apply for a reduction in your council tax. The other consideration is the possibility of capital gains tax if you sell, depending on the value of the work space. I wouldn't go down this route personally and would ensure that the space remained part of the 'home'.

John


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## eggflan (17 Nov 2010)

Well i do and have done for the last 4 years without any problems at all , as others have said just try to be discreet .

I would shy away from having customers call on you for the reasons stated before , imagine a mother with little jonny turn up to talk about a piece and then little jonny sticks his hand into your table saw :shock: .

Im lucky that my workshop is 130 ft away from the house at the bottom of the garden so noise is not really a problem .

Oh and dont forget nothing sweetens the next door neighbours more than a crimbo present made by yourself :wink: :wink:


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## goldeneyedmonkey (17 Nov 2010)

Thanks everyone,

These are all points that I'd dwelled on, apart from a few different observations that you've made.

With he house being semi-detached and the garage space being on the ground floor (the same as the ajoining neighbours) it might be possible. I've not actually moved in yet, so I'll see what, A. The neighbours are like. and B. What the sound levels are like when I've got equipment running.

I've been running a very small workshop in the cellar of my current place and whilst the neighbours have said a few things (they are d***s so I don't really care) they've never asked me to stop, or threatened anything.

The problem is that I'm just starting a new business, and I can see myself spending up to 12hrs a say 5-6 days a week for at least the first 6 months I reckon, so I think I would be pushing it a bit using the 'shop underneath my new house to do that in! I'd hate to live next to someone that's just moved in and is running machinery till 8pm every night.

But I might use it as a spray booth, storage location & maybe even a mock-up of a living room, photographic studio, so that I can get decent pictures of all my stuff in situ, and on it's own like pieces of art for my up and coming website.

Would be nice to have a workshop that I didn't have to pay much in the way of rent for, but like folk have said, I'd rather have it away from home so that I'm not bothered @ home about things. And also constantly being in the same sq 40ft odd all the time, except for when I nip out for materials would be a bit strange I think.

Thanks for all your advice everyone, this forum really is the Bees :lol:

One question I've got is: How loud are compressors? I want to use one in 'said garage for finishing stuff, what type does everyone use, or doesn't it really matter?

Cheers_Dan


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## Dibs-h (17 Nov 2010)

goldeneyedmonkey":kc1cqfem said:


> One question I've got is: How loud are compressors? I want to use one in 'said garage for finishing stuff, what type does everyone use, or doesn't it really matter?
> 
> Cheers_Dan



Don't. Get a HVLP setup, fantastic and just sounds like a loudish vacuum cleaner. Which if you are using in the "space" or the 1.5 garage - I'd be astounded if the neighbours on the other side could even hear it.

HIH

Dibs


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## thomvic (17 Nov 2010)

I personally would follow the advice of those who say just do it and see what happens. However, the original question was 

"Can you legally have a workshop/ run a business from home?

The fact is, that to go ahead without the required permissions would be illegal.

Richard


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## Jacob (17 Nov 2010)

thomvic":3fg6pduw said:


> .....
> The fact is, that to go ahead without the required permissions would be illegal.
> 
> Richard


I don't think so. 
But it could become illegal if you refused to comply with planning and building reg requirements - if you were told to apply.


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## thomvic (17 Nov 2010)

I don't wish to be pedantic but to carry on a business in a domestic property without obtaining change of use permission is definitely illegal. To use a domestic property for business without notifying the Rating Authority is definitely illegal.

Richard


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## Jacob (17 Nov 2010)

thomvic":9fju91x4 said:


> I don't wish to be pedantic but to carry on a business in a domestic property without obtaining change of use permission is definitely illegal. To use a domestic property for business without notifying the Rating Authority is definitely illegal.
> 
> Richard


I think you are being pedantic because what you say is certainly inaccurate with respect of small discrete operations carried on within normal domestic spaces. Millions of people work from home without any problems or special permissions. "Kitchen table" businesses etc.
But there is a border line where your operations _will_ need planning permission, and/or be subject to business rates. A small woodwork business could be fine, slightly bigger and you need permissions. You are not going to be punished for going over the line but you could get into trouble if you ignored the planners &co asking you to apply. This may never happen.


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## jeffinfrance (17 Nov 2010)

its not illegal to make a living from your property. it is in fact illegal to stop you.

you may have to make absolutely sure you cause no nuisance. sound proofing is not prohibitavely expensive. THAT WOULD BE YOUR ONLY OBLIGATION, until of course you invite other people into your workspace.

the only problem i can see you having is the fact that if you have a mortgage, you will need the owners permission.

please remember, if you subject yourself and ask permission from a "ruling body" you give up your claim to your inalienable right.

provided you deal with any potential nuisance before it becomes a problem........no probs.


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## cambournepete (17 Nov 2010)

jeffinfrance":xjliulz6 said:


> please remember, if you subject yourself and ask permission from a "ruling body" you give up your claim to your inalienable right.


What about the neighbours' inalienable right to live in a residetial environment and not on an industrial estate? Not that I'm saying this is what the OP intends...

A home office is fine, but from many years of chairing our Parish Council Planning Committee I'm sure that converting your garage or outbuilding into a commercial workshop needs planning permission for change of use, which I think is unlikely to be granted in most residential situations.


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## Scouse (17 Nov 2010)

Don't guess, hope and listen to conflicting and possibly inaccurate advice.

This link is good

http://www.businesslink.gov.uk/bdotg/ac ... 1073960216


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## jeffinfrance (17 Nov 2010)

pete, thats covered under nuisance obviously.

jeff


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## ondablade (17 Nov 2010)

I'm no expert, but the practical issues that seem to surface over here are (1) invalidation of insurance unless you have commercial cover, (2) planning permission for use/maybe even for the building if there's hassle and it's brought to somebody's attention, (3) possible triggering of a requirement to pay rates if it comes to the wrong attention, and is seen in the wrong light and (4) noise/nusiance.

In the case of the latter don't forget about smell in the event that you want to go spraying. It depends a bit on what your prevailing wind direction is, but actually that could be a very hard one to get over.

There's quite strict regulations in this regard in the UK from the bits I've read - from environmental, fire and planning points of view. Use of solvents may bother the insurance company too.

There's quite a lot comes up on the UK situation from the HSE (?) and other sources if you search under spray booths and permissions...


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