Can You Rent out a Small Backyard Studio?

Couldn't really find the answer through searches so I'm asking here.

What I'm asking about is a studio building (not a studio apartment) which has a maximum size of 20m². These can be built in addition to a granny flat and cannot be lived in like the granny flat.

Can this be rented out as a little office?

Basically a WFH environment except it's not home. I've heard of people renting out parking spaces, garages and storage spaces before so perhaps this is a similar situation.

Comments

  • +2

    Did you talk to your council?

  • +4

    Can this be rented out as a little office?

    Unofficially you can do it until someone dobs you in, or you upset a neighbour.

    Officially, ask your local council for their ruling, different councils have different rules and they vary from State to State

  • +3

    Probably fine if someone is just WFH in the studio. But if they are running a business, then you'll probably need to go through council.

  • If they're not living in it surely you can do whatever you want.

    • +4

      It may effect your home insurance though. My insurer specifically asks if a business is being run from the property.

    • Mate, this IS Australia???

      • ?

        • Anti lockdown conspiracy theorist pushing the narrative people in Australia can no longer do what they want, it's all Dan Andrews/New World Order etc.

          • +2

            @Crow K: He is quite correct here though, no doubt council will want 476 forms filled out, after having a "backyard studio building consultant" check your backyard, at a cost of $2799. Then the "backyard studio permit" application fee (non refundable) of $1899 to council. Then 10 months later they deny it, as your drawing was off by 5mm, and you have to apply again.

            • +1

              @brendanm: Sure, I guess. In the absence of that, are you fine with your neighbour building whatever they want in their backyard, even if it, say, blocks off your yard's sunlight?

              • @Crow K: No, but I'm sure a garden shed on a reasonable block shouldn't need 8 million hoops jumped through.

                • @brendanm: Well, of course, but letting someone build an industrial steel smelting warehouse with a FIFO staff of 500 in their backyard in a residential zoned area is exactly the sort of thing the council is there to prevent.

                  • @Crow K: I'm pretty sure they are there to be a pain in the ass. My parents live on acreage, and council limited the size of a motorhome shelter they were wanting to build. I live in suburbia, council have allowed the house behind me diagonally, to build a large shed and caravan shelter right in the back corner, on a 600m block. I have put in bamboo that is now about 3m high, that still doesn't block it out.

                    Councils exist as another layer of bureaucracy, to further seperate honest people from their money, while adding little value.

                    Here's an example of the dumb stuff my council does - https://www.pedestrian.tv/news/m1-street-lights-gold-coast/a…

                    You can't see this sign driving past, even if you take the service roads down the side, it is blocked by silos. These are the sorts of people we have deciding if Joe Blogs can put a carport up out the front of his house.

        • We usually can't do anything without a by-your-leave from some jumped up authority or other. (Unless you pay them off of course, then it's OK) :)

  • +3

    Technically, if you derive income from your home, your house may lose part of its principal place of residence capital gains tax exemption.

  • My local Council's policy allows a home based business if, amongst other things:

    • At least one resident of the dwelling house is employed in the business
    • A maximum of one person is employed by the business who is not a resident of the dwelling house

    So at least in my Council area, what you are wanting to achieve would not be legally possible without a further application to council for a change of use.

    • Thanks for sharing. I've looked into home business laws more closely, the presentation of information is really terrible. Lots or repeated/redundant info that obscures the actual differences.

      So for my local council, 'home occupation' means the business is run with only residents (no limit specified) while 'home business' can have employees that are not residents.

      However, the wording on home business isn't clear.

      the employment of more than 2 persons other than those residents,

      The first part says more than 2 employees. If a single tenant rents out the place for their business without employing anyone, would this affect them? They are not a resident but they are a tenant. Is there a legal distinction between resident and tenant?

      I know this can be clarified by contacting the council but I wanted to post here first.

      I also contacted the council regarding home business stuff in the past (unrelated to this) and couldn't get a clear answer that time.

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