PER­MIS­SION Laws bind cer­tain home-based work

Weekend Argus (Saturday Edition) - - PROPERTY360 - Man­age­ment Act. The law, how­ever, states the fol­low­ing with re­gards to dif­fer­ent prop­erty types:

SELF-EM­PLOYED peo­ple work­ing from home full­time should bear in mind, if they have reg­u­lar staff or clients vis­it­ing the premises, they will have to ap­ply for con­sent from their lo­cal mu­nic­i­pal­ity, cau­tions Lew Gef­fen Sotheby’s In­ter­na­tional Realty’s Chris Cil­liers.

Craig Guthrie, spe­cial­ist com­mer­cial at­tor­ney from Guthrie Colananni At­tor­neys, says a per­son work­ing from home who shows no ev­i­dence of it, like a free­lance writer or de­signer who does not have clients vis­it­ing the premises, need not worry about ap­ply­ing for con­sent. How­ever, other busi­ness op­er­a­tion types will need to.

Fur­ther­more, a prop­erty’s zon­ing will also state whether a busi­ness can be run from home. Work­ers who live in sec­tional ti­tle schemes will also need to com­ply with the Sec­tional Ti­tles Schemes

PROP­ERTY ZONED SIN­GLE RES­I­DEN­TIAL

Own­ers liv­ing in a prop­erty zoned as Sin­gle Res­i­den­tial may, as an ad­di­tional use right, con­duct a “home oc­cu­pa­tion” from their prop­erty, in ac­cor­dance with item 21 of the Mu­nic­i­pal Plan­ning By-Law, says Guthrie. This is as long as they com­ply with con­di­tions such as:

◆ Only hav­ing a sin­gle, un-il­lu­mi­nated sign.

◆ Not con­duct­ing ac­tiv­i­ties that cause a pub­lic

nui­sance.

◆ Not show­ing any ex­ter­nal ev­i­dence of the

home oc­cu­pa­tion – apart from the sin­gle sign.

SEC­TIONAL TI­TLE

Run­ning a busi­ness from home in a sec­tional ti­tle scheme is reg­u­lated by the Sec­tional Ti­tle Schemes Man­age­ment Act. Guthrie says this states that if an owner of a sec­tion or ex­clu­sive use area wants to work from home, but this con­flicts with the pur­pose of that sec­tion or area, they need to get the writ­ten con­sent from all other own­ers in the scheme.

An­other is­sue re­lates to cap­i­tal gains tax. Claim­ing tax de­duc­tions for a home of­fice will im­pact a prop­erty owner’s cap­i­tal gains tax on a pri­mary res­i­dence when sell­ing says Bren­dan Miller, chief ex­ec­u­tive of Lew Gef­fen Sotheby’s In­ter­na­tional Realty At­lantic Se­aboard and City Bowl.

“Although a home of­fice can mean a con­sid­er­able sav­ing on over­heads, es­pe­cially for small busi­nesses, it is wise to con­sult a tax con­sul­tant.”

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