ARTICLES

When you intend to run a business from home many factors need to be to taken into consideration, so best is to get advice before going down this road.

When contemplating running your business from a residential property, it is important to consult the guidelines laid down in the applicable municipal zoning scheme and/or land use planning ordinances. If you property is in an estate with a HOA or sectional title scheme it is also very important to take note of the rules regarding doing business from home.

In the City of Cape Town municipality, for example, the Land Use Planning Ordinance read with the City of Cape Town Zoning Scheme regulations state that a home owner must use a property zoned as Single Residential 1 primarily as a dwelling house for a single family. There are additional use rights associated with such zoning, being that of conducting a home occupation, bed and breakfast and/or home childcare.

The regulations further require that in order to carry out a home occupation:

  • the dominant use of the property must remain the accommodation of a single family;
  • the proprietor of the activity must live on the property; and
  • no more than three employees may be engaged in the activity concerned.

Where more than one of these additional rights are carried out, Council’s consent must be obtained. There are additional important requirements to adhere to.