149 Certificates

Home businesses, home industries and home occupations

You may undertake a home business, home industry or home occupation within a dwelling or a building ancillary to a dwelling as exempt development, without development consent subject to compliance with the specific provisions in the SEPP (Exempt and Complying Development Codes) 2008, Part 2, Subdivision 22, Clauses 2.43 and 2.44.

The definition of home businesses, home industries and home occupations are detailed in the Standard Instrument – Principal Local Environmental Plan (Dictionary) and are as follows:

Home businesses

Home business means a business carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

  • the employment of more than two persons other than those residents, or
  • interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
  • the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
  • the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the business carried on in the dwelling), or
  • the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

    but does not include bed and breakfast accommodation, home occupation (sex services) or sex services premises.

Note. See clause 5.4 for controls relating to the floor area used to carry on the light industry

Home industries

Home industry means a light industry carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

  • the employment of more than two persons other than those residents, or
  • interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
  • the exposure to view, from any adjacent premises or from any public place, of any unsightly matter, or
  • the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the light industry carried on in the dwelling), or
  • the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail, except for goods produced at the dwelling or building,

    but does not include bed and breakfast accommodation or sex services premises.

Note. See clause 5.4 for controls relating to the floor area used to carry on the light industry.

Home occupations

Home occupation means an occupation carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling that does not involve:

  • the employment of persons other than those residents, or
  • interference with the amenity of the neighbourhood by reason of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic generation or otherwise, or
  • the display of goods, whether in a window or otherwise, or
  • the exhibition of any notice, advertisement or sign (other than a notice, advertisement or sign exhibited on that dwelling to indicate the name of the resident and the occupation carried on in the dwelling), or
  • the sale of items (whether goods or materials), or the exposure or offer for sale of items, by retail,

    but does not include bed and breakfast accommodation, a brothel or home occupation (sex services).

If your proposal does not comply with the development standards in the SEPP you are required to submit a Development Application.