Can A Garage Be A Place Of Business?

does a garage constitute a place of business

Running a business from a garage is a feasible option for entrepreneurs looking to get started with minimal overheads. It allows them to test an idea at a low cost while also maintaining the flexibility of a home-based business. However, there are legal and practical implications to consider. For instance, zoning laws and regulations, planning permission, and health and safety regulations. It is also important to consider the impact on physical and mental health, security, and the ease of connecting to the internet.

Characteristics Values
Cost Reduced costs due to lower overheads and utilities
Flexibility Greater flexibility to start small and scale up or change the business model
Work-life balance Better work-life balance due to shorter work hours and less stress
Legality Requires compliance with local regulations, zoning laws, and planning permission
Taxes Eligible for tax deductions on home expenses and utilities
Security Increased security concerns due to easier access for thieves and cyber-attacks
Space Adequate space for storage, meetings, product displays, etc.
Neighbours Potential issues with noise, traffic, and maintaining the residential nature of the community

cycivic

Local regulations and zoning laws

  • Zoning laws: Zoning regulations dictate how land and buildings can be used within a specific area. Check with your local planning department or a professional architect to ensure your garage business complies with the applicable zoning laws. Some areas may prohibit operating a business in a residential zone, while others may have specific requirements for home-based enterprises.
  • Permits and licenses: Depending on your location, you may need to obtain planning permission or a "change of use" permit to convert your garage into a workspace. This process can be tedious and involve significant paperwork, but it is essential to ensure your business operates within the law.
  • Health and safety regulations: If your business involves storing hazardous materials or chemicals, you must comply with health and safety regulations. Ensure you have adequate lighting, heating, and ventilation to create a safe and comfortable workspace.
  • Noise and disturbance restrictions: Running a business from your garage should not cause a disturbance to your neighbours. Keep noise, bright lights, and traffic to a minimum to avoid complaints and legal issues.
  • Security and cybersecurity: Garages may be more attractive to thieves due to their accessibility. Implement protective measures such as sturdy locks and motion sensor lights. Also, be cautious of cybersecurity threats, as small businesses are often targeted by cyberattacks.
  • Tax implications: Consult an accountant to understand the tax deductions and implications associated with using your garage for business purposes. You may be able to deduct a portion of your home expenses, utilities, and construction costs, but proper documentation and compliance are crucial.

Remember, local regulations and zoning laws are subject to change and vary from one location to another. Always seek up-to-date information from official sources and consult professionals to ensure your garage business complies with all applicable laws and regulations.

cycivic

Planning permission and change of use

Planning Permission:

  • Internal vs. External Changes: In most cases, planning permission is not required if the conversion involves only internal changes to the garage and does not enlarge the building. However, any additions or alterations to the exterior of the garage, such as windows or an extension, will typically require planning permission.
  • Height and Size Restrictions: The height and size of the garage play a significant role in determining the need for planning permission. Garages that exceed a specific height, usually 4 metres, or cover more than half of the land around the original property, often require planning permission.
  • Standalone Structures: If you have a standalone detached garage, the rules may differ. Changes to a separate structure may not be considered internal works, and you might need planning permission for a change of use.
  • Housing Developments: If you live on a new housing development or in a conservation area, your plans to alter or convert your garage will likely need approval from the planning authority. Some housing estates may also have conditions that require the garage to remain a parking space.
  • Building Regulations: Even when planning permission is not required, it is crucial to adhere to building regulations to ensure structural integrity and safety. These regulations cover areas such as ventilation, fire safety, acoustics, and thermal performance.

Change of Use:

  • Residential to Commercial: Converting a residential garage into a workspace or business area may require a "change of use" application to your local council. Using a garage for commercial purposes without the necessary approvals can result in penalties.
  • Zoning and Covenants: Check the zoning regulations and covenants for your area to ensure that operating a business from your garage is permitted. Some areas may prohibit mixing business and residential uses on the same lot.
  • Tax Implications: Converting a portion of your home for business purposes can have tax implications. Consult an accountant or tax specialist to understand the potential tax deductions, depreciation, and capital gains tax considerations.

It is important to note that the regulations and requirements can vary based on your location. Always consult with your local planning department, architects, or specialists familiar with the rules in your area to ensure you comply with all legal obligations.

cycivic

Security and access

Security Systems:

  • Install a modern garage gate security system: These systems provide protection against auto-related theft and vandalism, which are common issues in parking lots, even those with security personnel. Look for features like barrier gate arms that control access points and ensure traffic flow, or automatic gates that open and close with electronic or hydraulic mechanisms.
  • Implement a garage access control system: This allows for remote monitoring, activity logging, and notification of unauthorized access attempts. It also enables the verification of authorized users before granting access.
  • Consider a garage door with a motor: This enhances convenience and security by allowing users to enter and exit without manually operating the door.
  • Invest in proper lighting: Good lighting reduces blind spots and hiding places, making it easier to detect and prevent malicious activity.

Access Control:

  • Verify credentials: Utilize an access control panel or base station to verify the identities of those requesting access before granting entry.
  • Manage traffic flow: Ensure that the garage design and access points facilitate smooth traffic flow, both for entering and exiting the garage.
  • Signage: Clear signage helps customers or clients locate your business and navigate the garage premises efficiently.

Insurance and Legal Considerations:

  • Business insurance: Standard home insurance does not cover business activities, so ensure you have adequate business insurance to protect your assets and liability.
  • Legal compliance: Research and understand the legal requirements, zoning restrictions, and planning permissions specific to your area. Some regions may prohibit using a residential garage for commercial purposes, requiring you to apply for a "change of use."

By implementing these security and access control measures, you can enhance the safety and accessibility of your garage-based business while also ensuring compliance with legal and insurance requirements.

cycivic

Health and safety

Garages are busy, noisy, and often dirty places. They are filled with hazardous materials and substances, heavy items, and tools. As such, there are many health and safety considerations to take into account.

Firstly, it is important to identify the hazards present in a garage. These include but are not limited to: hazardous and flammable substances, such as heavy metals, brake fluids, degreasers, detergents, lubricants, metal cleaners, benzene, solvents, asbestos, welding fumes, and car exhausts; tools and machinery, such as power tools, air tools, and tyre-fitting equipment; and physical hazards, such as slips, trips, and falls, moving vehicles, and manual handling.

Once hazards have been identified, it is crucial to implement preventative measures to protect workers. This includes providing personal protective equipment (PPE), such as safety goggles, gloves, respiratory masks, and hearing protection, and ensuring it is stored in a safe and easily accessible place. It is also important to provide training and instruction on health and safety, including the proper use of tools and machinery, and the hazards associated with the workplace. Regular breaks should be taken when using vibrating tools or performing repetitive tasks. Additionally, adequate ventilation and lighting should be provided, and fire safety equipment, such as extinguishers and emergency eyewash stations, should be regularly inspected and maintained.

Furthermore, the safe storage and handling of hazardous materials and substances are essential. These should be kept in a locked cabinet or stored out of reach, with clear labels and safety data sheets provided. Flammable liquids should be stored in approved safety containers and ground and bonded when being transferred between containers. Compressed gas cylinders should be stored upright in cages or secured with chains or brackets.

Finally, it is important to maintain a clean and organised workspace to reduce hazards. This includes keeping floors and benches clean and free from tools, cables, and other trip hazards, and ensuring that waste is disposed of correctly, with particular attention paid to the disposal of rags and other items soaked with flammable materials.

cycivic

Tax and business expenses

If you operate a business from your garage, you can save on the expense of renting an office as well as tax dollars. However, there are specific requirements you must meet to qualify for tax deductions. While the requirements vary slightly between different countries and regions, tax authorities such as the Canada Revenue Agency (CRA) and the Internal Revenue Service (IRS) stipulate that, to qualify for deductions, you must regularly use part of your home exclusively for a trade or business. This means that the garage must be used exclusively and regularly for business purposes.

If you work from home and dedicate part of your house exclusively to business, you may be able to claim a tax deduction. This write-off is also available for the business use of a detached garage, storage shed, or other separate structure on your property. You can deduct a portion of the cost of utilities, rent, depreciation, home insurance, and repairs, in addition to your regular business expenses. For example, if your total home expenses amount to $10,000 per year and 10% of your home is dedicated to business use, you can claim $1,000 of your home expenses as a business deduction. You can also deduct $300 in utilities if your total annual utilities cost is $3,000. Any direct expenses related solely to the business part of your home are 100% deductible.

It is important to note that you must be able to demonstrate that your home is your principal place of business to qualify for the tax deduction. This means that you meet patients, clients, or customers at your home or in the separate structure on your property, such as a garage. However, in the case of a detached garage, you do not have to meet the same stringent requirements as you would for a home office. Instead, you must simply use the space in the normal course of business.

To determine the amount of tax deduction you can claim, you can use either the square footage method or the simplified method. The square footage method involves calculating the percentage of your home or garage used for business and applying that percentage to your total expenses. On the other hand, the simplified method uses a standard deduction amount per square foot of business space. It is recommended to keep detailed records of all expenses, both for the home in general and for the business portion specifically, to maximize your deductions while complying with tax laws.

Frequently asked questions

Yes, it is possible to run a business from your garage, but you must ensure that you comply with local regulations and obtain the necessary planning permission and licences.

Running a business from your garage can be a low-cost way to test a business idea while maintaining the flexibility of a home-based business. It can also reduce your commute, improve your work-life balance, and allow you to be agile as your business grows.

Running a business from your garage may attract the attention of local authorities if there are issues with noise, traffic, or other disturbances. Garages may also be more vulnerable to theft and cyber-attacks.

You will need to check local zoning laws and obtain planning permission for a change of use from your local council. You will also need to ensure that you have adequate lighting, heating, and ventilation, and that you comply with any health and safety regulations, such as those relating to the storage of hazardous materials.

Written by
Reviewed by

Explore related products

Share this post
Print
Did this article help you?

Leave a comment