Home Based Food Businesses

A home business involving the manufacture of food must be carried out in a kitchen that complies with the relevant requirements of Australian Standard 4674 - 2004, Design, construction and fit-out of food premises (AS 4674-2004).

Most residential kitchens do not comply with this standard.

This means your kitchen may need to be upgraded to meet the standard, or a new kitchen constructed to achieve compliance.

Home businesses involving the preparation of food and beverages require approval and are never considered ‘exempt development’.

Approval may be obtained via the following processes:

Complying Development

An accredited private certifier may approve a home business for food manufacturing as ‘complying development’. For this to occur the home business must meet specific standards detailed in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 (the Codes SEPP).

These standards are as follows:

  •  the home business must not involve a change of building use (that is, not more than 10 per cent of the floor area of the dwelling (or the ancillary building)
  •  the home business must not comprise more than 50m2 of floor area and
  •  the home business must be carried out on premises that comply with the relevant requirements of AS 4674-2004.
  •  Approval is issued in the form of a Complying Development Certificate and must be obtained prior to the dwelling being used for a home business.

Kitchen upgrade or new kitchen

An accredited private certifier may approve a kitchen upgrade or construction of a new kitchen to meet the requirements of AS 4674-2004. For this to occur, the development must meet the following standards for internal alterations detailed in the Codes SEPP:

  •  the development must not result in a change of building classification
  •  the development must not result in any additional separate dwelling and
  •  the development must not result in the creation of an additional floor within the dwelling.

The Complying Development Certificate must be obtained prior to construction works.

Development Application

If the requirements under complying development as listed above cannot be satisfied, a development application must be lodged with Council. For example, if more than 10 per cent of the dwelling is proposed to be used for a home business, a development application would need to be lodged.

FAQ

 I just want to prepare a small number of cakes/muffins/snacks at home to sell at local markets. Do I still need to get planning approval or certification, and register with Council?

Yes – any activity that involves the manufacture of food products is classed as a home food business and requires planning approval or certification as outlined above. Any activity involving the handling of food for sale is required to register with the local Council. You may be asked to produce proof of your planning approval or certification for your residence when registering with Council to trade at markets or other temporary events.

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