Operating a hairdressing business in garage

Yes there are a number of laws prohibiting this.

The issue is not so much whether it is a strata complex, but rather whether the use of the garage as a hairdressing salon is an approved use.  In other words, the garage would have council approval to be used as a garage, not a hairdressing salon.

There are quite serious consequences where someone uses a building or part of a building in breach of its approved use – it is illegal and there are a number of considerations that flow from that.  In this case, it is probably more serious because the person is using the garage for commercial purposes.  It is highly likely that the Council would not give approval for its use as a salon, as there would be a number of requirements it would have to meet.  Even before that, the strata would have to give permission for any application for the owner to use the garage as a hairdressing salon and I doubt that they would do that.

In terms of the strata, if it is aware that an area within the scheme is being used contrary to its approved use, and does nothing about it, then it can be held liable as well.  I suggest you contact the Council and seek urgent advice and then advise the strata manager that this needs to be stopped.

And further to scotlandx’s email, if, let’s say, Council issues orders to ‘stop’ the illegal non-Residential operation (hairdressing salon or whatever), and the Exec Committee writes back to Council (on behalf of the OC) challenging Council’s orders, are they not landing every member of the OC in very, very deep ‘poo’ (can we swear?) if it ends up in Court?

If the Courts find in Council’s favour, how do we then split the whopping fines amongst OC Lot Owners, when some owners have been against the ‘illegal’ operation all along?

Just got to love the twists and turns in Strata Land…something to ponder every day!

And just to add even further, our OC has just dealt with this exact issue (illegally operating a hairdressing business in a residential strata unit), although this particular ‘salon’ was being conducted quite blatantly in a bedroom! Needless to say, Strata Manager was notified and Local Council as well. Result: the selfish perpetrator was sent a please explain letter from Strata and Council also wrote a strongly worded letter of warning about the consequences of persisting with the activity. The activity appears to have ceased for the moment but who can fathom the twisted minds of people such as this? Well done to Council and Strata but it is worth noting also that Council expected us to gather the evidence (photos and stat decs). Surely a timely visit from a council ranger (or simply a call to make a hair appointment!) would catch them red-handed, so to speak? It is their own regulations that are being breached after all.

Hi Boronia,

Our Strata building is zoned R2 Low Density Residential. According to our Council’s Local Environmental Plan a hair salon in a Strata unit zoned R2 cannot meet the requirements necessary to be deemed a complying business according the relevant Local Government and Public Health Acts. In any event, a hair salon in a strata unit contravenes By-Law 19 of the Strata Schemes Management Act 1996 – Schedule 1:

“An occupier of a lot must notify the owners corporation if the occupier changes the existing use of the lot in a way that may affect the insurance premiums for the strata scheme (for example, if the change of use results in a hazardous activity being carried out on the lot, or results in the lot being used for commercial or industrial purposes rather than residential purposes)”.

https://www.austlii.edu.au/au/legis/nsw/consol_act/ssma1996242/sch1.html

So yes, it really is that simple (and was in our case).

Thanks Jimmy T (and other responders), yes we certainly do have by-law 19 in place and it was Council’s advice to first proceed on that basis. No permission was sought from the EC (which, of course, would mean their intention to operate a hair salon would become known), and I believe consent would not be possible by the EC in any case because such consent would also contravene Council and Government regulations. Since, after a reasonable time frame, no explanation was forthcoming from the offenders, Council did not hesitate to act in notifying the owner concerned of their strong opposition to a hairdressing business in Residential Strata. 

Thanks again,

braveheart

The regulatory body is your Local Council. My experience is that absolutely no one/nobody can or will do anything about this except Council, who are responsible for seeing that the Residential Development Consent is adhered to.

You need to start taking photos and keeping a record of what is going on – Councils don’t have the budget to do a ‘stake out’, and you’ll be abused like there is no tomorrow for doing this – and give this to Council with a request that they issue an order to stop the ‘Illegal Use’.

You can try and scare off the offender: a breach of the Development Consent is a breach of the Environmental Planning and Protection Act and fines are currently up to $1.1 million.

Go to Council. And good luck! This is no different to using a Residential building for short-term letting or a business in prostitution – it’s not Residential.

Your fastest route is to report it to the Council, you can do that yourself, you don’t have to ask the strata to do it.  There is no way they would be allowed to run a hairdressing salon in a garage.  The Council should slap them with an order to cease forthwith.

You can run a salon from a residential property, as long as it’s primary use is a residence.  Just like you can run any legal business from a home office.  It is NOT illegal.

What is illegal is to have a house in a residential zoned area, and operate any business from that, without it being your primary place of residence.  I don’t know requirements of strata complex

You would have to have it registered with the local council for compliance to health regulations.  Some councils perform annual inspections, others just do surprise inspections.  Most require an annual re-registration.  They will also as for certficate of currency for business insurance etc.