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Spaces in Cologne
Legal insights
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 unless the landlord's permission has already been explicitly given in the tenancy agreement.
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?
The tenant can only extend the lease if it contains an option to extend.
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?
No, landlords normally do not 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?
In general, no special permits are required for the exercise of most businesses. However, certain businesses require special permits and licenses.
Please note that business registration is required in Germany. The registration must be made at the local trade office (Gewerbeamt) or regulatory agency (Ordnungsamt) before or at the same time as the start of the business.
What are the allowed opening hours?
Shops can remain open at the following times: - On working days without time limit (general shop opening hours) - On December 24th from midnight to 2 p.m. ( on a working day) - if December 24 is a Sunday, from 10 a.m. to 2 p.m., but only if the point of sale predominantly offers food and beverages commercially or only sells Christmas trees.
Please note: There are extended business hours for certain types of goods and services.
What about permits regarding shop design and promotion?
A building description is required if structural changes are to be made.
Do displays (screens) in street-facing windows require a permit? Where can it be obtained?
Permission is not required for showcases and advertising systems at the place of performance that do not extend more than 0.30 m into street space.
Do displays on the street require a permit? Where can it be obtained?
If the sale takes place within the shop display may be extended up to 0.50 meters into the public street without a permit.
Display up to a depth of one meter can be approved. Depending on the location, the width of 1.50 meters and 2.50 meters can be possible.
Please see the below source for fees, applicable statute and other related information: https://www.stadt-koeln.de/service/produkt/warenauslagen-auf-der-strasse-1?kontrast=schwarz
Do I need a permit to open a restaurant?
Yes, a permit is required.
What event permits are necessary (e.g. to serve alcohol)?
A one-time restaurant permit, called "Gestattung", is required. The fees range from 25 to 200 euros, depending on the individual case.