Wanting to work from home but have an issue

[Lucky4Seven]

I am massively into cake baking and pastries and regularly make goodies to take up to my local pub, and have won 2 pub bake off's.

I am wanting to start up a cake business from home to make some extra cash, but have a concern.

On my title deed its says "not to run a business from the premises" and is very vague on what I can and can't do.

The property is a bungalow built around circa 1935, and is what was on ex church land.

Would I also need a food hygiene certificate?

[PallasAthena]

Sounds like it is a restrictive covenant, restrictions like that are common and usually date back to when the estate was first developed. I'm not a lawyer but I would guess that what you are doing is technically a breach of the covenant. Lawyers on here may be able to comment further.

But more importantly this covenant is 90 years old now. Who is going to enforce it against you? In theory it could be enforced by the successor of the original developer, if anyone could identify them. Neighbours could try to get it enforced. But in practice who is ever going to know you are making cakes in your kitchen for a commercial purpose? It's not as if you are going to make so many that fleets of lorries are going to be parked outside your house day and night to collect them. So if I were in your position I wouldn't worry about it, just enjoy your cake making! Even in the highly unlikely event anyone tried to enforce the covenant the worst that would be likely to happen is that you have to stop making cakes for sale. Just don't hang a big sign with 'Lucky4Seven's yummy cake factory' across the front of your house

If you search "enforcing restrictive covenants england" there are lots of solicitors' websites that explain the basic law about this.

As regards hygiene certificates and other legal issues contact your local council trading standards or environmental health. However I would guess you do need to do the hygiene certificate training. I believe it is online and not expensive. There may be other legal requirements as you are selling food.

Also check the labelling requirements. It's important that you identify allergens and there are spacific legal regulations about this. My niece has a nut allergy and needed hospitalisation after eating a cake sold at a fete which said had no allergens but actually had nuts in it. Have a close look at the labels on cakes in your local supermarket. I'm sure your labelling will have to be to the same standard.

[Lucky4Seven]

Sounds like it is a restrictive covenant, restrictions like that are common and usually date back to when the estate was first developed. I'm not a lawyer but I would guess that what you are doing is technically a breach of the covenant. Lawyers on here may be able to comment further.

But more importantly this covenant is 90 years old now. Who is going to enforce it against you? In theory it could be enforced by the successor of the original developer, if anyone could identify them. Neighbours could try to get it enforced. But in practice who is ever going to know you are making cakes in your kitchen for a commercial purpose? It's not as if you are going to make so many that fleets of lorries are going to be parked outside your house day and night to collect them. So if I were in your position I wouldn't worry about it, just enjoy your cake making! Even in the highly unlikely event anyone tried to enforce the covenant the worst that would be likely to happen is that you have to stop making cakes for sale. Just don't hang a big sign with 'Lucky4Seven's yummy cake factory' across the front of your house

If you search "enforcing restrictive covenants england" there are lots of solicitors' websites that explain the basic law about this.

As regards hygiene certificates and other legal issues contact your local council trading standards or environmental health. However I would guess you do need to do the hygiene certificate training. I believe it is online and not expensive. There may be other legal requirements as you are selling food.

Also check the labelling requirements. It's important that you identify allergens and there are spacific legal regulations about this. My niece has a nut allergy and needed hospitalisation after eating a cake sold at a fete which said had no allergens but actually had nuts in it. Have a close look at the labels on cakes in your local supermarket. I'm sure your labelling will have to be to the same standard.

Thanks for the advice, I will seek to put allergen labels on stuff, but will always ask beforehand for customers to state what allergies they have.

We don't know who the developer was sadly as it was 90 years ago, but I can try and find out if the Estate Agent who we dealt with would know how to find out.

Can I get a restrictive covenant removed due to its age!?

I don't think this restrictive covenant is needed and is now outdated.

My neighbours won't object anyway as they like my bakes LOL

[Lucky4Seven]

Sounds like it is a restrictive covenant, restrictions like that are common and usually date back to when the estate was first developed. I'm not a lawyer but I would guess that what you are doing is technically a breach of the covenant. Lawyers on here may be able to comment further.

But more importantly this covenant is 90 years old now. Who is going to enforce it against you? In theory it could be enforced by the successor of the original developer, if anyone could identify them. Neighbours could try to get it enforced. But in practice who is ever going to know you are making cakes in your kitchen for a commercial purpose? It's not as if you are going to make so many that fleets of lorries are going to be parked outside your house day and night to collect them. So if I were in your position I wouldn't worry about it, just enjoy your cake making! Even in the highly unlikely event anyone tried to enforce the covenant the worst that would be likely to happen is that you have to stop making cakes for sale. Just don't hang a big sign with 'Lucky4Seven's yummy cake factory' across the front of your house

If you search "enforcing restrictive covenants england" there are lots of solicitors' websites that explain the basic law about this.

As regards hygiene certificates and other legal issues contact your local council trading standards or environmental health. However I would guess you do need to do the hygiene certificate training. I believe it is online and not expensive. There may be other legal requirements as you are selling food.

Also check the labelling requirements. It's important that you identify allergens and there are spacific legal regulations about this. My niece has a nut allergy and needed hospitalisation after eating a cake sold at a fete which said had no allergens but actually had nuts in it. Have a close look at the labels on cakes in your local supermarket. I'm sure your labelling will have to be to the same standard.

Thanks for the advice, I will seek to put allergen labels on stuff, but will always ask beforehand for customers to state what allergies they have.

We don't know who the developer was sadly as it was 90 years ago, but I can try and find out if the Estate Agent who we dealt with would know how to find out.

Can I get an outdated restrictive covenant like this removed?

[atticus]

Getting a restrictive covenant removed is nigh on impossible. The practical point is whether there is anyone around who will enforce it. I doubt that the estate agents will be any help.

[PallasAthena]

will seek to put allergen labels on stuff, but will always ask beforehand for customers to state what allergies they have.

Yes but do check with council trading standards/environmental health exactly what labelling the law requires of you now that you are running a commercial food business.

Good luck with it.

[islandgirl]

public liability insurance and update home insurance too