NSW: Q&A Can You Run a Business from Your Apartment Garage?

Question: A tenant is setting up a physiotherapy business in their garage. Could you please tell us what procedures are required for a resident to run a business from their apartment garage?

One of the tenants in our building has decided to set up a business in her Unit’s garage. They are in the process of renovating the space. They are a physiotherapist.

Could you please tell us what procedures have to be undertaken for a resident to run a business from their apartment garage?

Answer: There are many things to consider here.

Many things are required here:

  • Does the physiotherapist have or require development consent to operate the business from their garage? While a home business is common within the residential component of an apartment, a health business from a garage is less so. The Owners Corporation’s consent is required for lodgement of a development application.
  • Does the subject garage have a restriction on use eg is it a “utility” lot? If so, no business for human occupation may be conducted on that lot.
  • Is the running of the physiotherapy business likely to affect the insurance premiums for the strata scheme and has the owners corporation been notified?
  • What insurances do they have?
  • Has the physiotherapist carried out any fit-out works? If so, they will likely require a by-law to authorise such works. Such by-law must be approved by special resolution in general meeting and then registered on the common property certificate of title.
  • Is there adequate ventilation in the garage?

This post appears in Strata News #347.

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Visit the original publication at Look Up Strata. Do you have a question relating to your property or development? Contact us!

Please note that this article is provided for information purposes only and is not a substitute for professional legal advice.


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