Employee officer unemployed students retired

Employee, officer, unemployed, students, retired... regardless of its status, the launches in the autoentreprise has often than financial resources limited. In addition, it wants to limit costs to a minimum in order to keep the bulk of the revenues that provide this activity. This is why, very often, it will prefer, all at least as a first step, carry on business at home, at his home if possible, rather than rent a local professional or commercial or settle in a centre business or a business incubator, the first formula is obviously much cheaper than the other two.

Not to mention the many advantages of working at home: no charge transport, or loss of time to get to the Office, custody of children facilitated, work in a familiar, pleasant world, etc.

Adequate housing

But installing its business at home is not as simple as might be expected. Indeed, must be that the personal home offers the néoentrepreneur of the surface and comfort conditions sufficient and appropriate to the exercise of its activity. Which will not necessarily be the case of an apartment or other accommodation square metres are counted and in which it is physically impossible to create a workspace.

And work at home, it must be aware, requires a rigorous organization to reconcile professional and personal life for the better life, without that one take disproportionately than another or that one and the other eventually merge. Not to mention that exercising his professional activity at home is not always legally possible. On the one hand, the room in which the autoentrepreneur intends to work to his principal residence. On the other hand, and above all, it should be that no statutory or contractual provision otherwise. This means that if his housing tenant, the autoentrepreneur will not install its case if prohibited by a clause in the lease. And even in the absence of such a clause, it must obtain the authorization of the owner of the premises before implementing his project. Another constraint, if the housing is located in a collective building or in a subdivision, its occupant will not exercise any professional activity if the condominium regulations or regulations (and/or the specifications) subdivision in prevents it. Finally, it may be that a municipal by-law subjects the exercise of any professional activity in a residential room located on the territory of the commune in a prior approval of the Mayor.

Neither customer nor goods

And in any event the autoentrepreneur, in carrying on his home, must not cause nuisance or danger to its neighbors. Thus, when it resides in a collective building, it cannot, in principle, receive customer or store goods, unless the accommodation is located on the ground floor. Knowing that if the apartment is on the floor, customers receiving or storage of goods will however be possible provided an authorization from the Mayor of the municipality concerned. Knowing also that, in all cases, the activity should not in any way cause disorder in the building.

Inapplicable commercial lease

Finally, the autoentrepreneur must know that the exercise of his activity to his personal address does not allow, when he was lessee of dwelling, to benefit from the status of commercial leases and protection it confers (minimum duration of nine years, entitled to a renewal of the lease and compensation in the event of refusal to renew, the renewed... lease rental). Any more than it does result in a change of premises. Indeed, each room has a well defined destination (local housing, commercial premises, professional local...) which can only be changed by way of authorization issued by the Mayor of the commune.