Do I need to get approval from strata to operate my business from home?

You can operate your home business without Council approval if it meets the Small Business Commissioner’s Criteria.

The Small business commissioner website clearly defines what is and what is not ‘permissible use’ of premises. That being said, state law supersedes LGA and of course, by-laws. Notwithstanding, the Strata Schemes Management Act 2015 and its regulations thereof govern strata living. Therefore, complying to the aforementioned is meant to avoid your strata manager (who on behalf of the owner’s corporation) from having to apply to the Land & Environment Court to seek an order restraining breaches of planning law against you, or your home business activity. Resulting in the restraining of the activity in question if it is deemed illegal under the Environmental Planning & Assessment Act 1979.

Reminder: that model by-laws are also listed in the Strata Schemes Management Regulations 2016 under Schedule 3 – Model by-laws for residential strata schemes. These model by-laws include ‘rules’ for: –

  • keeping of animals 
  • smoking and including smoke drift 
  • dealing with what is acceptable resident noise levels, and noise nuisances
  • short-term rental accommodation 
  • measures to prevent overcrowding

Finally, you might like to make a note of the fact that even if your business activity is approved at all levels, neighbours are still entitled to the peaceful enjoyment of their lot and as such, may choose to seek a noise abatement order from the local court.

My Strata Community Team