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Legal insights
Tenant Law
Shops
Restaurants
Events
Do tenants have a general right to sublease?
Yes. Subleasing is allowed, in general.
Are there any restrictions on subleasing for 1-12 months?
Yes, there are restrictions.
What kind of restrictions?
Subleasing is not possible without the landlord's consent.
Can a tenant extend the lease against the will of the landlord by using a legal instrument?
No, they cannot.
Can an extension be excluded by contract?
No, extensions can not be excluded by contract.
If not, why not?
Tenancy extension cannot be limited by contract, however commercial short-term leases might be excluded from this.
Is liability insurance required by law?
No, liability insurance is not required by law.
Is liability insurance normally required by landlords for short-term leases?
Yes, landlords normally require liability insurance.
Do I need a permit to operate a retail shop?
No, a permit is not required to operate a retail trading business. There may be permits required for construction and other work, though.
If yes, where can I get one, and what do I need to consider?
Normally, no special business permits are required as long as an individual has obtained the necessary work and residence permits. For certain shop categories, e.g. food, alcohol, tobacco, etc., special permit regulations nevertheless apply.
Registration of a business in the Commercial Register will automatically result in a general business licence (certificate) being issued. In some specific sectors including banking, insurance, transport, and employment services, a special licence is required.
What are the allowed opening hours?
Generally, shops have the following opening hours: - From Monday to Friday from 6 a.m. to 8 p.m. - On Saturday from 6 a.m. to 5 p.m. (also applies to days before public holidays).
Please note: - Once a week (Monday to Friday) there may be an evening sale until 10 p.m. - Two times a year all shops are allowed to open on public holidays. - Extended opening hours apply to certain types of shops (e.g. petrol stations, kiosks, bakeries, flower shops).
What about permits regarding shop design and promotion?
A building construction may be necessary in some cases (for example a change in the interior of a building that affects fire safety).
Do I need a permit to open a restaurant?
Yes, a permit is required.
What event permits are necessary (e.g. to serve alcohol)?
To serve alcohol, you need a permit from the municipality in which the event is taking place.