Using property as a filming location can provide an additional source of income, whether you own a home, a rural building or commercial premises. If a film or television production company has approached you, there are several legal and practical points to consider before agreeing to give it access.
Before the cameras roll, it is important to understand what the production company intends to do, whether the proposed use is permitted and who will be responsible if something goes wrong. A carefully prepared filming location agreement can help you protect your property while making the most of the opportunity.
What makes a property suitable as a film or television location?
Production companies look for a wide range of film and television locations, from period homes and distinctive interiors to warehouses, offices and everyday residential properties. Your property may offer the character, layout or setting a particular production needs.
Understanding what attracted the location scout can help you assess the proposal and negotiate appropriate terms. Practical features, such as access for vehicles, parking and space for equipment, may be just as valuable as the property's appearance.
Why do you need a filming location agreement?
A written filming location agreement should be in place before the production company starts using your property, including for preparation work. It should explain what you have agreed, what each party must do and how any problems will be addressed.
Productions often work to tight deadlines, but that should not prevent you from reviewing the terms properly. A production company's standard agreement may prioritise its own requirements and leave you with obligations or risks you had not anticipated.
Although a verbal agreement may be binding, establishing exactly what was agreed can be difficult. Recording the arrangements clearly at the outset reduces the scope for disagreement later.
If you are negotiating a filming location agreement, obtaining advice on the commercial contract terms can help you identify provisions that may expose you to unnecessary financial or legal risk.
Who will be responsible for the filming?
The location agent who approaches you may not be the company responsible for filming, paying your fee or dealing with damage. Your agreement should identify the contracting party and make its responsibilities clear.
Some productions use a company established for a single project. If that company has limited assets, recovering unpaid fees or compensation could be difficult. Depending on the arrangements, a guarantee from a parent company may provide additional protection.
Does your lease allow filming?
If you occupy the property under a lease, check its terms before agreeing to filming. This applies to commercial premises as well as rented homes and leasehold flats.
The lease may restrict how the property can be used, prohibit nuisance or disturbance, or require the landlord's consent. Filming activities, temporary alterations and access by a large crew may engage several of these provisions.
A breach could lead to legal action by your landlord. It could also leave you in breach of the location agreement if you have confirmed that filming is permitted without first checking the position.
Where the proposed filming raises concerns about lease restrictions or consent, advice on landlord and tenant disputes can help clarify your legal position before disagreements escalate.
Do you need to speak to your lender and insurer?
If you are considering renting out your property for filming, your mortgage terms may require the lender's consent to the proposed use. Establish whether consent is needed before making a commitment to the production company.
You should also tell your insurer about the filming and check whether your existing policy provides appropriate cover. There may be exclusions, additional conditions or a change to your premium.
Ask for evidence of the production company's insurance and check that the cover is suitable for the activities planned. The location agreement should make clear who is responsible for damage and how claims will be handled.
Does filming require planning permission?
Using property as a filming location may require planning permission if the activity amounts to a material change of use. The planning position depends on the nature of the filming and how the property is used. The scale, frequency and impact of the activity are relevant, rather than simply the number of days involved.
An occasional small production at a home may have a different planning impact from regular bookings involving large crews, substantial traffic, late-night activity or sets left in place.
In England, a specific permitted development right can allow temporary commercial filming for up to 12 months in any 27-month period. However, it is subject to limitations and conditions, including a prior approval process, and should not be treated as automatic permission for every property or production. Different planning rules apply in Wales.
Where the planning position is uncertain, seeking advice from experienced planning solicitors can help you establish whether consent is required before filming begins.
Additional considerations for listed buildings
If your property is listed, proposed changes require particular care. Attaching sets to walls, drilling into historic fabric or repainting features may require listed building consent where the work affects the building's special architectural or historic interest.
Listed building consent is separate from planning permission. Carrying out works that require consent without obtaining it can be a criminal offence. Agree what the production company may alter before any work begins.
Could filming affect council tax or business rates?
Occasional filming at your home will not necessarily change how the property is assessed. However, business rates may become relevant if part of it is used commercially, particularly where an area is adapted or set aside for that purpose.
There is a distinction between occasionally filming in a kitchen that remains part of your home and regularly operating a dedicated studio or filming venue. Depending on the circumstances, a property may be assessed for council tax on its residential part and business rates on its commercial part.
If you intend to accept regular bookings, check the position before relying on the anticipated income.
Could filming interfere with access rights?
Public rights of way and private rights over your land need to be considered. These may include shared access routes or rights relating to services and drainage.
Filming arrangements should not obstruct those rights. Frequent use by production vehicles or heavy equipment may also exceed the scope of an existing private right of access. Confirm that the proposed arrangements work within the rights affecting your property.
Where filming could affect an existing footpath or other public access route, specialist advice on public rights of way can help you understand the restrictions before agreeing to the production company's access arrangements.
How might using your home for filming affect your neighbours?
If you are using your home for filming, the impact can extend beyond the areas shown on screen. Crews may need parking, catering facilities, trailers, toilets and space to store equipment. Lighting and night shoots can also cause disruption.
Speaking to neighbours early can help identify practical concerns. The agreement should address working hours, parking and noise, with a clear contact for dealing with problems during the production.
What should a property filming agreement cover?
The terms should reflect your property and the proposed production. The following points deserve particular attention.
Access dates and filming hours
Agree when the production company can enter the property for preparation, filming and removal of equipment. Set permitted working hours and specify how any extension must be approved, together with the additional fees payable.
Areas available for use
Identify which rooms, buildings and outside areas the crew may use, and which remain private or off limits. A plan attached to the agreement can help prevent misunderstandings about access, parking and storage.
The nature of the production
Ask for enough information to understand how your property will be portrayed and what will happen on site. This should include details of stunts, special effects or other potentially hazardous activities, supported by appropriate risk assessments.
If you have concerns about particular uses, such as advertising certain products or depicting your home in a particular way, address them before signing.
Alterations and reinstatement
The agreement should specify what may be moved, removed or altered, and require the production company to restore the property to the agreed condition within a clear timescale.
Take dated photographs and agree a record of the property's condition before access begins. Include a process for reporting damage discovered after the crew has left, and consider removing valuable or sentimental items in advance.
Film location fees and additional costs
Agree the location hire fees for filming, preparation and clearing the site, together with payment dates. Seeking payment before access begins can reduce the risk of having to recover fees afterwards.
Make clear who pays for additional utilities, cleaning and any other agreed costs arising from the production's use of the property.
Cancellation arrangements
A production may change its plans at short notice. Consider a cancellation fee that reflects the notice given and the impact on you, particularly if you have incurred costs, rearranged commitments or declined other bookings.
Return visits
Some agreements give the production company rights to return for additional filming. Check how long those rights last, what notice is required and how further fees will be agreed.
These provisions could affect future plans to sell, let or develop the property, so they should be considered carefully.
Artwork and other third-party rights
Artwork and other protected material appearing on screen may require permission from the relevant rights holder. The agreement should place responsibility for obtaining any necessary clearances on the production company, rather than requiring you to guarantee rights you do not own.
Where a production proposes to feature valuable artwork or other protected material, understanding the relevant intellectual property rights can help you identify potential issues with copyright and permissions.
Liability and responsibility for claims
Your obligations should be proportionate to the arrangement. The production company should take appropriate responsibility for its activities, including damage caused by its crew and contractors.
It may be appropriate to negotiate a cap on your contractual liability, potentially linked to the location fee. Whether that is suitable or enforceable depends on the wording and the liabilities involved.
What are the tax implications of location fees?
Income received from filming will generally need to be considered for tax purposes. The treatment will depend on your circumstances and the arrangements you make.
If the property is your home, ask your accountant whether the proposed use could affect Private Residence Relief when you sell, particularly if an area is used exclusively for business. VAT may also need to be considered.
Understanding the tax position at the outset will help you assess the financial benefit of the proposed arrangement.
Speak to a solicitor about using property as a filming location
Using property as a filming location can provide a valuable additional source of income, but the agreement needs to work for you as well as the production company. Establishing what is permitted, how your property will be used and who is responsible for damage or disruption can help prevent an attractive opportunity becoming a costly dispute.
If you have been approached about using your property as a filming location, our residential property solicitors and commercial property solicitors can review the proposed location agreement, advise on restrictions affecting your property and help you negotiate terms that protect your interests.
