Step 1: Determine the classification of your home-based businessThe first step in determining what approvals you may require for your business is to know what classification of business you fall under.
Review the following to determine your business classification.
Home Office
'Home Office' means you work from the home you live, or land around the home.
To be classified a ‘Home Office’ business, you must meet the following criteria.
Your business
does not:
- Entail clients or customers traveling to and from the dwelling
- Involve the advertising signs on the premises
- Require any external change to the appearance of the dwelling.
Home Occupation
‘Home Occupation’ means you work from the home you live in, or land around the home. To be classified a ‘Home Occupation’ business, you must meet the following criteria.
Your business
does not:
- Employ a person that is not a member of your household
- Cause injury to or adversely affect the amenity of the neighbourhood
- Occupy and area greater than 202 metres
- Have more than one advertising sign and no larger than an A4 size (0.2m2)
- Involve the retail sale, display or hire of goods of any nature
- Need a greater number of parking facilities than normally required for a residential property, or an increase in traffic volume in the neighbourhood
- Provide a service of greater capacity than normally required in a residential zone.
Home Business
‘Home Business’ means you operate your business from the home you live in, or on land around your home.
To be classified a ‘Home Business’, you must meet the following criteria.
Your business does not:
- Employ more than 2 people that are not members of your household
- Cause injury to or adversely affect the amenity of the neighbourhood
- Occupy and area greater than 502 metres
- Have more than one advertising sign and no larger than an A4 size (0.2m2)
- Involve the retail sale, display or hire of goods of any nature
- Need a greater number of parking facilities than normally required for a residential property, or an increase in traffic volume in the neighbourhood
- Provide a service of greater capacity than normally required in a residential zone.
If your business is classifed a ‘Home Office’
You do not need Planning Approval, so long as you comply with the criteria outlined in the definition of a ‘Home Office’.
If your business is clasified a ‘Home Occupation’
You do not need Planning Approval, so long as you comply with the criteria outlined in the definition of a ‘Home Occupation’.
If your business is classified a ‘Home Business’
Planning Approval is required for a 'Home Business'.
A 'Home Business' is categorised as an ‘A’ land use under the City's Town Planning Scheme No.3. 'A' means that the use is not permitted unless the City has granted planning approval after giving special notice in accordance with clause 64(3) of the deemed provisions. This means that the planning application will be advertised to adjoining properties and landowners and occupiers as part of the assessment process.
The City of Cockburn ensures that all building construction within our City boundaries complies with relevant laws and standards, mostly set out in the Building Act 2011.
Do you plan to fit out a room or make structural changes to accommodate your business? If so, you will most likely require a Building Permit.
An Occupancy Permit may also be required where the floor area proposed for the business exceeds 10% of the existing floor area/building.
If you want to run your business from an outbuilding, eg. a shed or a granny flat, it is likely that building approvals will be required.
Please contact the City’s Building Team on 08 9411 3444 or email
[email protected] to confirm the permits required for your business.
Important notes:
- You must obtain Health Pre-approval and Planning Approval (if required) before applying for a Building Permit.
- If you intend to undertake the building works yourself, i.e. you don’t have a Registered Builder, and the value (labour and materials) is over $20,000, you must apply for apply for Owner-Builder Approval. You must submit the Owner-Builder Approval with the Building Permit application.
- It is an offence under the Building Act 2011 to carry out ‘building work’ without a valid Building Permit.
Next step:
If your business is classified a 'Home Business' that does require Planning Approval, proceed to step 4 below.
The City of Cockburn governs appropriate land uses for residential areas. Planning applications are assessed and determined under the City’s Town Planning Scheme No.3.
Businesses classified as ‘Home Business’ require Planning Approval and are subject to advertising. This is to ensure that the proposed business does not adversely impact on the comfort, health and safety of surrounding residents and the environment.
How to apply
When submitting an application for Planning Approval, you will need to provide the following:
- Application for Planning Development Approval (link provided below)1
- Certificate of Title2
- Site Plan and Floor Plan (to scale). The plans must specify the area of the proposed business (highlighted is fine)3
- Home Business Checklist (link provided below)
- Detailed written statement outlining the details of the proposed business, addressing the definition of 'Home Business' (as above)4
- Application fee payment of $222.
Notes:
- Must be signed by all legal landowners
- A Certificate of Title can be obtained from the Landgate website for a small fee
- The site plan and floor plans should be to scale of 1:100, 1:200 or 1:500
- If required, the City may make a further request for additional supporting information to facilitate the assessment process.
How to submit your application
You can lodge your application online via eProperty (Select Applications > Submit Application from the menu). This is the City’s preferred method.
Alternatively, you can submit your application by post or in person to the City’s Administration Building.
Assessment process and timeframes
The City’s Planning Team will process your application within 90 days, which will include advertising to surrounding properties for comment. You can track your application online via eProperty.
The application process is completed when you receive a Planning Determination Letter.
Planning Approvals may be issued with or without conditions. If your approval is subject to conditions, it is your responsibility to ensure that you comply with the conditions within the time specified. If you are unsure of what the conditions require you to do, please check with the Planning Team.
References and further reading
Enquiries and further assistance
Contact the City’s Planning Team on 08 9411 3444 or email [email protected]
If you require a Building Permit for your business, you have two options:
Option 1: Submit a Certified Building Permit application
For a certified application, you engage a private building surveyor to complete a Certificate of Design Compliance (CDC), before you submit the Building Permit application to the City.
Option 2: Submit an Uncertified Building Permit application
An uncertified application can be submitted directly to the City for assessment.
How to apply for a Building Permit
The following must be submitted with your application:
Refer to the Building Permit Checklist below for more detailed information about requirements.
*Fees payable with the Building Permit application are based on the contract value of the proposed works (including GST). If there is no contract, the value of the works must include all commercial costs eg. materials, goods, labour, necessary services etc. Refer to Building Fees and Charges.
Assessment process and timeframes
The City will assess your Building Permit application within the following timeframes:
- Certified applications: 10 business days (excluding public holidays)
- Uncertified applications: 25 business days (excluding public holidays)
If further information is required, you will be sent a letter and provided with 21 calendar days to provide the requested information.*
*Under the Building Act 2011, the City has the right to refuse an application if all required information is not provided within the 21-day timeframe provided. The City also has the right to retain the application fee.
Notifying the City of completion of works
All works that require a Building Permit are required to submit a Notice of Completion (Form BA7). The notice of completion must be forwarded to the City within seven (7) days of completion of the work, or the stage of work, for which the permit was granted.
The Notice of Completion must:
- Be completed by the person issued with the Building Permit
- State the work, or stage of the work, for which the Building Permit was granted, is completed
- Be accompanied by a copy of a certificate for each inspection or test that applies to the Building Permit (where applicable).
You can submit the Notice of Completion and supporting documentation via email to [email protected]
References and further reading
Enquiries and further assistance
Contact the City’s Building Team on 08 9411 3444 or email [email protected]