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