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  • #987371
    Marcus__Australia
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    Hi Everyone, I have a slightly technical question, which is unclear to me.

    I realize that, if a person wants to sell products to the customer out of their actual house, they need to apply for a permit. Perhaps some homes are not suitable for customer parking. But if No customers come to the home and the products are sold on the home computer ( ecommerce internet business)and delivered/posted to the customer, are they actually selling the “products” from the home?

    Regards Marcus

    #1162379
    Stuart B
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    I’m not a lawyer but if you’re selling stuff online and then just posting it out to customers I doubt that would cause any issue.

    #1162380
    LucasArthur
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    I too will pre-empty my reply with I am not a legal eagle… However, my response is split in two:

    1. I am not advocating this, although if no one comes to your home and you em run a business from there it would be near impossible for anyone to know unless you told someone.. Meaning you could “get away with it” if need be

    Although:
    2: I believe ANY business being run from a home technically needs council approval.. But again I am not 100% sure on this so would suggest a discreet untraceable call to you local council will put some light onto this situation for you???

    Let us know how you go

    Jason

    Jason Ramage | Lucas Arthur Pty Ltd | E: [email protected]   P: 61 3 8324 0344    M: 61 412 244 888
    #1162381
    Brooke Curline
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    Marcus__Australia, post: 187653 wrote:
    Hi Everyone, I have a slightly technical question, which is unclear to me.

    I realize that, if a person wants to sell products to the customer out of their actual house, they need to apply for a permit. Perhaps some homes are not suitable for customer parking. But if No customers come to the home and the products are sold on the home computer ( ecommerce internet business)and delivered/posted to the customer, are they actually selling the “products” from the home?

    Regards Marcus

    I Marcus,
    I run my business from home and send products out to customers all the time – no-one comes here.
    Cheers
    Brooke

    #1162382
    SACKO – Head Office
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    Hi Marcus,

    I guess not. E-commerce is actually “selling through the internet” so it literally don’t have a specific place.

    But if you have indicated on your site that the products you’re selling are also available to be sold at your home and people would go there and buy, then that would be called “selling from home.”

    I am not into legal services but I guess selling products through e-commerce business would not create any problem. Not unless you are selling illegal stuff of course.

    Regards,
    Edelyn

    #1162383
    Marcus__Australia
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    Hi, Marcus here,

    Early this year, I sent a letter to my council and I wrote a few pages on my ecommerce business proposal because I don’t wish to do get into trouble, I’m just an ordinary person and I don’t want future problems, I can’t afford it.

    The council sent me a list of conditions to follow, it’s a fairly generic type of form which is used by many councils to inform people various requirements for starting a home base business.

    The form has made it clear that a home business should not adversely effect the amenity of the area , I presume this means, don’t have large trucks etc. blocking the road, these types of things, nothing too obvious, keep things simple.

    I’m a reasonable person and I can understand many of these issues, that’s why I thought it would be a good idea to have truck deliveries unloaded at a small warehouse.

    I have no intention of selling food or medication, I know these things need approval. I just wish to sell general products. (Legal, of course)

    After reading the conditions form, I believe I can fulfil almost all of the requirements, but there is only one sentence I’m confused about.

    The sentence says: “No goods other than goods manufactured or serviced in the home occupation may be offered for sale”

    I was thinking what does this mean……….Does it mean selling the products from inside the house or does it mean more than that?
    ( I intend to post/deliver my products)

    I have also read from information on the form, that I can apply for a permit if I don’t meet all the requirements on the form, and they will look at my proposal. It seems there is some flexibility in some situations.

    Therefore, I’m trying to determine if selling online is actually selling from home, because the home isn’t being used as a shop, but as an office.

    When you consider that a person can purchase something from a home ecommerce business, even after the business has turned off their home computer, is the customer purchasing the product from a home or from a shop in cyberspace, which has data sent to it from a home.

    I wish to have a positive understanding with the council, I realize they have a lot of issues to attend to.
    I don’t mind applying for a permit if I must, but I don’t wish to apply for something when it’s not required.

    I know the government has done a lot of good work to assist small business and that is great because starting a new business is a big commitment. I do think however, some issues about Online business have not been explained clearly. Hopefully some of these issues will be explained more clearly in time to come.

    Regards Marcus

    #1162384
    LucasArthur
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    Hi Marcus

    Understanding you have acquired the form, are you intentionally trying to avoid raising the topic with them directly? I only ask, as the easiest answer to your question would be answered by your local council…

    Explain to them what you are considering, no address name etc given, and talk it out with them.. this will waive ALL CONFUSION (maybe) or if you prefer to bypass the council maybe pay legal advice as this is the only way you will avoid any council infractions that may cost you down the track.

    Just saying..

    Cheers
    Jason

    ps.. although there may be some experts on here re this… are you willing to bet your future on advice from someone you dont know nor have paid a professional for council? there is only so much a public forum can provide (please i am not being negative, just you may want to pursue this differently)

    Jason Ramage | Lucas Arthur Pty Ltd | E: [email protected]   P: 61 3 8324 0344    M: 61 412 244 888
    #1162385
    Marcus__Australia
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    From Marcus,

    I have sent a letter to my local council early this year explaining how I intended to sell products online, I was very detailed, a few pages of information, location, everything. The reason I sent the information was to clarify if I needed a permit or not.

    They sent me a generic form back saying, if I meet the requirements I don’t need a permit.

    I actually expected them to tell me if I needed a permit? perhaps there is a misunderstanding .

    Maybe, they considered my proposal not an issue, I don’t know.

    I might have to send another letter.

    I can only be positive

    Regards Marcus

    #1162386
    John C.
    Member
    • Total posts: 439
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    Hi Marcus,

    You might be overthinking this!

    Neighbours and councils care about things which affect your neighbours and environment – cars and trucks coming and going loudly all day and night; strange people (customers) loitering around your property; large advertising signs on your front boundary; loud industrial noises; etc. If none of this applies you should have no issues.

    If you are buying and selling on the internet and your neighbours wouldn’t even know about your online business unless you told them, then your council most probably wouldn’t care.

    There is a government website setup which will help you decide what permits you might need based on your activity. I’m not sure whether it even mentions ecommerce – but it’s worth a look. https://ablis.business.gov.au/pages/home.aspx

    Good on you for trying to do the right thing.

    Cheers,
    John

    #1162387
    Steve_Minshall
    Member
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    The issue I see is that while you are not treating your home as a retail outlet, you are treating it as a warehouse.

    Is a garage half full of boxes just a room with a few boxes in it or is it a warehouse? At what point does it become a warehouse? 5 boxes 50 boxes? The council won’t have an answer to this which is probably why they won’t be pinned down and I suspect is the reason for the ‘no goods’ clause.

    #1162388
    Marcus__Australia
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    I suppose it could be a warehouse issue, I can understand that.

    However, I did explain to the council that I intended to have truck deliveries unloaded at a warehouse, of which I have already located and talked to. But maybe I need to focus more on my storage methods, that sounds reasonable.

    I suspect, it’s probably a minor issue, thanks for you advise

    Regards Marcus

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