Can I run a business from home in Brookline, Massachusetts?
Yes. Under the version of Brookline's Zoning By-Law we reviewed (effective 2018), quiet home occupations run by residents inside the home are allowed, but you need a Board of Appeals special permit if customers or pupils come to the house. In residence districts a home occupation generally can't employ non-residents, keep stock for sale, or advertise outside except with a professional announcement sign.
| What qualifies | Activity by permanent residents, inside the home, using customary home equipment [1] |
| Teaching at home | Up to 4 pupils at a time (1 at a time for music lessons) [7] |
| Not allowed as home occupations | Barber shops, beauty parlors, commercial stables or kennels, real estate or insurance offices [2] |
| Customers or pupils visiting | Special permit from the Board of Appeals (S, SC, T, F, M districts) [3] |
| Non-resident employees | Not allowed (except certain professional offices) [4] |
| Signs and stock | No stock in trade or outside advertising other than professional announcement signs [5] |
| Home professional offices | Max 2 non-resident employees; under 25% of floor area; closed 10 p.m. to 7 a.m. [6] |
What counts as a home occupation
Brookline defines a home occupation as an activity that permanent residents customarily carry on inside their home with ordinary home equipment. It can't involve selling goods made elsewhere, storing materials outside, unusual exterior alterations, or offensive noise, smoke, glare or similar effects [1]. Fine arts studios, dressmaking and teaching up to four pupils at a time (one at a time for music) are listed examples [7]. Barber shops, beauty parlors, commercial kennels and real estate or insurance offices are excluded [2].
When you need a special permit
The Table of Use Regulations (§4.07, Use 60, "customary home occupation for gain") allows home occupations in every district, but in the S, SC, T, F and M residence districts a special permit is required if customers or pupils come to the house for business or instruction. That table is printed sideways and our text copy can't be quoted, so we read it from the original PDF; the bylaw's index lists the same special-permit case [3]. A home occupation with no visitors is allowed by right.
Limits in residence districts
Any accessory use in a residence district may not involve [4][5]:
- non-resident employees (other than a domestic employee), except for certain listed uses such as accessory professional offices
- a stock in trade
- show windows, displays or advertising visible outside, other than professional announcement signs
Professional offices at home
Home offices are separate uses in the same table (read from the PDF). A simple office (Use 58A) is allowed in every district if it is one room, with no non-resident employees, no visiting clients and no sign. A physician's or clergy member's office (Use 58) is allowed in residence districts, with a special permit needed for a physician, extra space, a non-resident employee or visiting clients. Other professionals' offices (Use 59) are not allowed in the S and SC (single-family) districts, need a special permit in T, and are allowed in F and M, again with a special permit for extra space, an employee or visiting clients. All of these offices may have no more than two non-resident employees, must take up less than 25% of the floor area in S, SC, T and F districts (50% in M), and can't be open to the public between 10 p.m. and 7 a.m. [6]. Offices that need a special permit must also meet the off-street parking rules in §6.02.
Caveats
The zoning text we reviewed is the town-posted PDF effective November 13, 2018, which may not include amendments adopted since then. Licensed family child care homes are handled separately under state law. If you use a business name other than your own, register it with the Town Clerk.
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Next steps
- Check that your business fits the home-occupation definition (residents only, inside the home, no outdoor storage or nuisance effects).
- If clients or students will come to your home, apply to the Board of Appeals for a special permit.
- Ask the Building Department (617-730-2100) to confirm current rules, since our text is from 2018, and whether your profession counts as an accessory office (Uses 58 to 59).
- File a business certificate (DBA) with the Town Clerk if you operate under a name other than your own.
Common questions
- Can I run a business from my home in Brookline, Massachusetts?
- Yes. Under the 2018 zoning text we reviewed, quiet home occupations run by residents inside the home are allowed, but you need a Board of Appeals special permit if customers or pupils come to the house.
- Can I have employees for a home business in Brookline, Massachusetts?
- Generally no. In residence districts a home occupation can't have non-resident employees, with exceptions such as certain professional offices, which may have no more than two non-resident employees.
- Can I teach lessons at home in Brookline, Massachusetts?
- Teaching up to 4 pupils at a time is a listed example, or 1 at a time for music. A special permit is required in residence districts if pupils come to the house.
- Can I put up a sign for a home business in Brookline, Massachusetts?
- In residence districts, no show windows, displays or outside advertising are allowed other than professional announcement signs, and no stock in trade.
Massachusetts state rules for home businesses
Massachusetts has no general state law on home occupations. Whether you can run a business from home, and what limits apply (employees, signs, client visits, parking), is set by your town's zoning bylaw. State law does protect some home-based uses and add a few requirements:
- Family child care is protected: a licensed family child care home or large family child care home (licensed by the Department of Early Education and Care) is an allowed use everywhere. Towns may not prohibit or regulate it through zoning (M.G.L. c. 40A, §3). A family child care home serves up to 6 children under 16, counting the provider's own children who are cared for there.
- The "Dover Amendment" (also c. 40A, §3) bars zoning from prohibiting religious or nonprofit educational uses and child care facilities. Towns can still apply reasonable rules on bulk, height, setbacks, open space and parking. This mainly matters for institutions, not typical home offices.
- Business certificate ("DBA"): if you do business under any name other than your own legal name, you must file a business certificate with the city or town clerk where your office is located (M.G.L. c. 110, §5).
- Farm stands and agriculture get zoning protection only on qualifying farm parcels (generally 5+ acres, or 2+ acres with $1,000 per acre in yearly sales).
- State licensing for specific trades (cosmetology, food production, etc.) applies no matter where you work.
What the bylaw says
- §2.08.4.a Home Occupation (definition), Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 13
An activity customarily carried on by the permanent residents of a dwelling unit, inside the dwelling unit, requiring only customary home equipment, and not involving:
- §2.08.4.c Home Occupation (exclusions), Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 13
c. Home occupations do not include such uses as: 1) Barber shops 2) Beauty parlors 3) Commercial stables or kennels 4) Real estate or insurance offices
- Index: Special Permit, Cases where Authorized (§4.07, Use 60), Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 227
For Home Occupation, if Pupils or Customers Come to the House in S, SC, T, F, and M Districts
- §4.05.1.a Restrictions on Accessory Uses in Residence Districts, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 31
The employment of any persons who is not resident in the dwelling unit, other than a domestic employee, except:
- §4.05.1.b Restrictions on Accessory Uses in Residence Districts, Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 31
The maintenance of a stock in trade, except for Uses 63, 64, and 68 in §4.07, or the use of show windows or displays or advertising visible outside the premises to attract customers or clients, other than professional announcement signs, except as provided for Use 64 in
- §4.05.3 (accessory offices, Uses 58, 58A, 59), Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 32
b. occupy space which exceeds in area the area of the ground floor; occupy 25% or more of the total floor area in an S, SC, T or F district, or occupy 50% or more of the total floor area in an M district; c. permit the employment of more than two persons not resident in the dwelling unit; d. be in operation or be open to clients, pupils or other members of the general public (except those seeking emergency professional services of a physician or member of the clergy) between the hours of 10:00 p.m. and 7:00 a.m.; or
- §2.08.4.b Home Occupation (examples), Zoning By-Law full PDF (effective Nov 13, 2018; file dated 12/16/2021) - STALE, p. 13
Teaching of not more than four pupils simultaneously or, in the case of musical instruction, of not more than a single pupil at a time.