Hi there i am looking at starting a photography studio in my garage. I am renting. The local council said i do not need council approval. I only need my own contense and public liability insurance. They said that the owners wouldnt need to change thier insurance at all and thier premiums would remain the same. The insurance broker confirmed this. Unfortunately the landlord said i cannot statt one because they dont want to change thier insurance but they wont have to. So im not sure why they told me this. Should i just give up? I cannot afford to rent a separate space. Iv lived here for 5 years im in nsw.
Council shouldn't be giving you advice about someone else's insurance coverage or anything insurance related.
Why ask the council? Its like asking the bank if you need a haircut. Its their house and they can tell you what you can and cant do there.
Well they put me onto the broker as they have knowledge of other tenants running businesses. The broker told me all this too. Im just wondering why they wouldnt want me to run a business. Im a single mum trying to get off benifits and make a real living. I can work mobile but it would limit my services. I think i will have to consider moving when my lease is up. They wont give me a year lease only 6 month ones. I always pay ontime and have passed every 3 monthly inspection. Its just a bit disheartening
Will the photography studio in the garage involve chemicals? The four times I have had experience of home businesses are - 1. My parents had a woman teaching piano from the property. She was asked to take out separate insurance due to her having students visit the house. She refused, and ended up moving to another rental. No doubt she didn't tell the new owners or property manager know she was running this business so the owners would have been at risk without even knowing. 2. My parents had another tenant wanting to set up a business filling gas tanks underneath a timber house. They were told by their insurer that this would not be covered due to the type of business (gas and timber house). They suggested he find a business premises for the business but he left and I'm guessing probably didn't tell the next owner that he was running this risky business from home. 3. My parents had yet another tenant running a psychology business from home. It involved clients visiting, so she was asked to provide a copy of her insurance that covered people coming into the house. The problem with this is that if she let that insurance lapse, my parents would have had no idea. So there is a level of trust, and a level of risk involved if the tenant cancels the cover and the owner doesn't know. 4. We had tenants running a business from home. They had no clients visiting the house (consultancy of some type) so our insurer had no issues with this and told us it would be different if there were clients coming into our IP. This is not advice. Just my experience and you'd need to check. But for a landlord to say no to a business that doesn't involve flammable materials (assuming you are not developing the film yourself) or other nasty chemicals, is churlish in my opinion. Can you get something in writing if possible explaining there is no risk to them. And give them a copy of the policy that protects you and them from a client hurting themselves on the property.
Yes i will be taking out my own insurance (public liability will be the same if mobile) and i will have contense insurance for my gear. No flamable materials. Or chemicals at all. 1 to 2 clients a day. I might approach them again and explain this. Iv read that alot of people provide current insurance certificates to landlord when renewing lease.
Asking the council was the right procedure as for use of premises. There are usually 3 categories of use; 1) Home occupation - means an occupation that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve: (a) the employment of persons other than those residents, or etc (does not need council consent) 2) Home business - means a business that is carried on in a dwelling, or in a building ancillary to a dwelling, by one or more permanent residents of the dwelling and that does not involve: (a) the employment of more than 2 persons other than those residents, or etc (permitted with consent) 3) Home industry - means a dwelling (or a building ancillary to a dwelling) used by one or more permanent residents of the dwelling to carry out an industrial activity that does not involve any of the following: (a) the employment of more than 2 persons other than those residents, etc (permitted with consent) The full version is available from the council LEPs but this gives a general idea of the 3 categories. Usually at least the first 2 categories are available in R2 - Low density residential zones for most councils.
