Common Development Enquiries

Working From Home

There are three different land use classifications for undertaking work from your home as defined in the Fairfield Local Environmental Plan 2013:

  • Home occupation – no additional employees and the occupation must meet the requirements of the home occupations 
  • Home business – up to two (2) additional employees and the business must comply with the requirements of the home business
  • Home industry – up to two (2) additional employees and the proposed activity must comply with the requirements of the home industry

Depending on the number of employees and the nature of the activity proposed, you may be able to carry out work from your home as either:

  • development permitted without consent
  • exempt development; or
  • complying development.

Fairfield Local Environmental Plan (LEP) 2013 – Home Occupations

Under Fairfield LEP 2013, home occupations (with no additional employees) can proceed without the need to obtain consent from Council in the following zones. 

RU1 Primary Production

R4 High Density Residential

R1 General Residential

B1 Neighbourhood Centre

RU2 Rural Landscape

B2 Local Centre

R2 Low Density Residential

B4 Mixed Use

RU3 Primary Production

B6 Enterprise Corridor

R3 Medium Density Residential

SP3 Tourist

RU4 Primary Production Small Lots

E3 Environmental Management

Whilst consent is not required for a home occupation this does not mean that there are no specific requirements. For example if your home occupation involves the manufacturing of food products then you must comply with the requirements of the Food Act 2003 and Food Regulation 2010, including gaining any relevant licence required by the Regulation. You are also required to formally notify the NSW Food Authority of your food manufacturing business.

If your home occupation involves skin penetration procedures (such as waxing, manicure/pedicure or piercing) or you wish to conduct a private swim school from your home, you must be registered with Council under the provisions of the Public Health Act, 2010 and the Public Health Regulation, 2012 (in particular Part 4) and comply with the relevant provisions of this Act and Regulations.

Home occupations must also comply with the provisions of the Building Code of Australia (BCA) and legislation relating to potential noise impacts on surrounding residential properties.

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 – Home Business and Home Industry

State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP) allows you to undertake a home business or home industry as exempt development provided you can meet the following criteria:

  • The use does not involve skin penetration procedures or the manufacture of food products
  • The use does not involve a change of building use (as determined by the Building Code of Australia)
  • The use meets the requirements contained in the definition for home business and home industry (see Fairfield LEP 2013)
  • The home business or home industry does not occupy a floor area greater than 30 square metres

In addition, the Codes SEPP allows a home business that involves the manufacture of food as complying development provided certain conditions specified within the Codes SEPP can be met, including:

  • The use does not involve a change of building use (as determined by the Building Code of Australia)
  • The home business does not occupy a floor area greater than 30 square metres
  • The business is carried out in a premises that complies with the relevant requirements of Australian Standard 4674-2004, Design, Construction and Fit-out of Food Premises; and
  • The business complies with any additional requirements of the Food Act 2003 and the Food Regulation 2010.

Should the proposed home business or home industry not meet the requirements of the Codes SEPP, then the proposal becomes prohibited development and cannot proceed.

For more detailed information on conducting an activity from your home call the Customer Service Centre on 9725 0222.