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Many small businesses are run from home, particularly when they are getting started. It is important to note however, that when running a business from a residential premises which is your primary home, there are a number of factors which must be considered.
The first thing to consider, is whether there are any restrictive covenants prohibiting certain use of the premises, for example not to use the land for any business activity. The title to the property should have details of any restrictions and you should check this before you start to run your business.
To run a business from your home, permission may be needed from:
You do not necessarily need planning permission to run a business from your home, however, it will be necessary if any of the following apply:
It is always advisable to check with the local planning office before you start running a business from your home.
If the proposed use of the property involves work which will affect the structure of the building, the means of escape and other fire precautions, or affect the access to and use of buildings, Building Regulations must be complied with as the work will be regarded as a ‘material alteration’.
Some insurance policies prohibit business use and therefore you would need to inspect and update your policy as required. Additionally, depending on the nature of the business, employers and/or public liability insurance may need to be considered, to deal with employees or third parties.
The business costs can be included in your Self Assessment tax return if you are a sole trader or part of a business partnership.
You can claim a proportion of the cost of things like council tax, heating, lighting, phone calls and broadband. You can use a flat rate to calculate your simplified allowable expenses.
You may need to pay Capital Gains Tax on the part of your property used for your business if you sell your home.
Businesses are liable for business rates rather than council tax. If you work from home, depending on the level of use, the part of the property used for the business may be liable for business rates while the remainder of the property remains liable to council tax.
You will need to manage health and safety as with any other business.
If you currently run your business from your home or are considering doing so, and you require further assistance, please speak with a member of our Commercial Property Team, via [email protected] or call us on 01733 882800.
Hunt & Coombs LLP is a Limited Liability Partnership registered in England and Wales, Registration no. OC320243, VAT no. 120013160. Hunt & Coombs LLP is authorised and regulated by the Solicitors Regulation Authority with Registration no. 443035. A list of members is available at 35 Thorpe Road, Peterborough PE3 6AG.
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