Every person is required to home contractors indicate when applying for registration or declaring the commencement of activity of the enterprise, the address of the company and the place of exercise of the activity.For various reasons, the entrepreneur may want to domicile his company and / or carry out the activity at home. This is only possible under certain conditions.
However, domiciliation should not be confused with the exercise of a professional activity at home. DomiciliationFor sole proprietorshipsPrinciple
Individual entrepreneurs, even under the micro-entrepreneur regime, may domicile their business with them if there is no contractual or legislative provision to the contrary.E.g.: clause of the lease or the co-ownership regulations expressly excluding the possibility of domiciliation.
In case of contrary provisions, the creator will not be able to domicile his company at home. For example, it will:- ask to renegotiate his residential lease contract with his owner,- set up his business in a commercial premises,- ask the town hall to change the destination of part of his home, if he owns it,- domicile his company within a collective domiciliation company.
However, when they do not have an establishment, i.e. when they carry out their activity exclusively outside (e.g. street trader), creators can declare their home as the address of the business, even if there is a clause prohibiting them from domiciled their business with them.For companiesPrinciple
The manager may domicile the company at the time of registration or a posteriori if no contractual or legislative provision opposes it.E.g.: clause of the lease expressly excluding the possibility of domiciliating a company.Provisional administrative tolerance
If he is subject to compliance with such a clause, the manager may however domicile the company with him for a maximum period of 5 years.
He will also have to take the following steps:- inform by registered letter with acknowledgment of receipt the lessor or the syndicate of the co-ownership before the application for registration with the RCS of the company. This is information and not a request for authorization;- declare to the registry his new address specifying the temporary nature before the expiry of the 5 years, under penalty of automatic cancellation from the RCS.In the event of a move within the 5-year period, the manager may also transfer the company’s registered office to his new domicile for the remaining period.End of temporary domiciliation for companies
Three months before the expiry of the 5-year period, the head of the company must, under penalty of automatic striking off, communicate to the registry of the commercial court, the title justifying the use of the new premises assigned to the headquarters of the company. Some registries periodically check, by computer, the domiciliation of companies.
In addition, if the trustee or the owner invites him to do so, before the end of the provisional domiciliation, the creator must justify the transfer of his registered office at the end of the period provided. Failing this, the head of the company:- if he is a tenant, incurs the automatic termination of his lease,- if he is the owner, may be sentenced under penalty to comply with the co-ownership regulations and to pay damages.The transfer of the registered office of companies must generally have been approved by the extraordinary general meeting of partners and be subject to the following formalities:- advertising in a journal of legal announcements,- amending registration in the trade or companies register,- filing with the registry of the amended articles of association and publication in the Bodacc.Exercise of the activity at home
It is possible to carry out your activity at home, whether you are a tenant or co-owner, under certain conditions. The rules differ depending on the location of the manager’s domicile. They apply to all businesses, whether incorporated as sole proprietorships or corporations.It is recommended to take out an extension of the “home” insurance contract or a new professional contract in case of exercise of the professional activity at home in order to cover any accidents or damage to property and people.Municipalities with less than 200,000 inhabitants and in urban free zones (ZFU) – entrepreneurial territories (TE)
The manager may carry out his professional activity at home, as long as no contractual or legislative provision opposes it. Ex: clause of the lease or the co-ownership regulations prohibiting the exercise of a professional activity in the premises.Cities with more than 200,000 inhabitants, and departments of Hauts-de-Seine, Seine-Saint-Denis and Val-de-MarnePrinciple
The exercise of a professional activity at home entails a change of use of residential premises which is subject to prior authorization. This is now issued by the mayor.
This authorization is issued regardless of the professional activity, even commercial, if the following conditions are met:- no provision of the lease or the co-ownership regulations precludes it,- it is his principal residence,- the exercise of the activity does not cause nuisance or danger to the neighborhood, or does not lead to disorder for the building.
Special case of the home located in a HLM:- this procedure is not open to a manager carrying on a commercial activity,- it requires the opinion of the HLM managing body. In the absence of a reply within one month, the reply shall be deemed favourable.Tolerance
The manager does not need to request a partial change of use to carry out his activity, even commercial, in the following two cases:
– If the accommodation is not located on the ground floor, the exercise of an activity is possible if:. no provision of the lease or the co-ownership regulations precludes it,. it is his main residence,. the activity is carried out by the occupants,. The exercise of the activity does not lead to receiving customers or goods.This tolerance also applies to dwellings located in low-rent housing.
– If the accommodation is located on the ground floor, the exercise of an activity is possible if:. no provision of the lease or the co-ownership regulations precludes it,. it is his main residence,. the activity is carried out by the occupants of the dwelling,. The exercise of the activity does not cause nuisance or danger to the neighborhood, or does not lead to disorder for the building.Exception: if the home is located in a low-rent housing, the partial change of use is required from the mayor, after consultation with the HLM managing body.