Laws and regulations regarding selling goods from the front of your house.

Laws regarding selling goods from the front of a house.

One question readers have frequently asked is about the legal aspects of opening a shop from house. Today, we'll discuss the details.

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Is it possible to open a grocery store from house?


There are no specific laws governing the type of shop itself, but the specific laws governing the products sold will apply.

Generally, grocery stores are subject to specific laws regarding certain products. For example, cigarettes and alcohol require a sales license from the Excise Department. Cigarettes cannot be sold to minors under 20 years old, and alcohol sales are prohibited during certain hours and days.

Only common household medicines can be sold; other medications are not permitted. Products requiring permits from the Food and Drug Administration (FDA), such as processed foods, cosmetics, and medical devices, must have proper FDA approval. Without FDA approval, these products cannot be sold.

Products requiring certification from the Thai Industrial Standards Institute (TIS), such as power strips and electrical appliances, must have TIS certification. Selling playing cards also requires a sales license from the Excise Department. Or, various weighing scales must also be licensed by the Ministry of Commerce, etc.

In addition to the above, there is also the issue of taxes. If you have an annual income of 1,800,000 baht or more, whether as an individual or a legal entity, you must register for Value Added Tax (VAT). The VAT must be added to the goods or services sold from the shop and remitted to the Revenue Department every month.

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Is it possible to open a shop from house that serves as a food business?


For shops from house that serve as food businesses, it differs from grocery stores in that food businesses are governed by specific laws, namely the Public Health Act. This requires those operating a food business to obtain a license to sell and store food, which must be obtained from the local authority. For example, in Bangkok, it must be obtained from the district office, or in other provinces, from the local administrative organization in the area.

If the shop sells alcohol for consumption on the premises or sells tobacco, a license to sell alcohol and tobacco is required. And for shops located on a public road, a license to sell goods in a public place or on a public road is required. All of these must be obtained from the local authority as well.

Regarding taxes... If a food business generates income exceeding 1,800,000 baht per year, it must register for Value Added Tax (VAT) in the same way as a grocery store.

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Is there a difference between running a shop in a housing development and one outside of one?

Running a grocery store or restaurant within a housing development differs from one outside, mainly due to the regulations of the development. If it's not allowed and you proceed anyway, you may face enforcement measures from the development (regardless of whether you are a registered juristic person or not).

For example, prohibiting customers from entering the development, prohibiting parking, towing, issuing fines, or reporting to the relevant local authority to inspect your license and prohibit your business.

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What if a shop in front of your house affects the rights of neighboring houses?

It's common for a shop in front of your house, whether a grocery store or a restaurant, to potentially impact neighboring properties. It could be about odor, noise, smoke, debris, or wastewater. Even issues like a large number of customers disturbing neighbors' houses or parking problems must be considered on a case-by-case basis.

For issues with criminal penalties, such as odor, noise, smoke, debris, or wastewater, the Public Health Act and the Public Cleanliness and Order Act already provide measures for such pollution.

Local authorities, such as district offices or local administrative organizations, have the power to order corrective action or cessation of the activity, and to pursue criminal charges with fines or imprisonment.

In some cases, affected neighbors can file complaints with these authorities. Even if the establishment has all the necessary permits, subsequent pollution that violates the law may result in license revocation.

Parking in prohibited areas is a violation of the Land Traffic Act, and affected neighbors can file complaints with the local police, who have the authority to enforce the law.

For cases without specific criminal penalties, such as high foot traffic in front of a neighbor's house, or delivery riders or transporters frequently picking up and dropping off goods throughout the day, even if it's on public land, each case must be considered individually. Or, in cases where vehicles are constantly entering and exiting the vicinity throughout the day, even if they aren't parked obstructing a public road,

if the disturbance to neighboring properties is significant enough to disrupt their normal lives, the affected neighbors can file a civil lawsuit to claim damages from the store. In this case, there will be no criminal charges, as the court's judgment in a civil case will only compel the losing party to pay compensation.

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Thank you for the helpful information from DD Property.