A business facility is any stationary construction serving the purpose of exercising a trade on a regular basis. Examples for business facilities include:
- Sales rooms
- Restaurants
- Hotels
- Garages
- Parking areas
Business facilities which are subject to authorisation under the Gewerbeordnung 1994 (GewO 1994) may only be built and operated under a permit issued by the authority (facility permit).
This applies to facilities which, due to their use of machinery and appliances, due to their mode of operation, due to their equipment or other, are likely to infringe certain needs of protection described in greater detail in section 74 paragraph 2 of the GewO 1994 (e.g. protection of clients’ or neighbours’ health or life).
Alteration of a business facility under an existing permit will be subject to authorisation if this is required to satisfy the needs of protection as defined by law for such facilities.
Caution
The alteration permit will also include the facility for which a permit has already been issued inasmuch as this is required to satisfy any needs of protection concerning this existing facility.
A request may be submitted to the district administration to clarify whether the alteration of a facility is actually subject to authorisation.
Please note
Business facility law is largely implemented under a one-stop-shop regime. As a rule, the requesting party only needs to approach the district administration, where a number of other necessary federal authorisation procedures (concerning alterations) are centrally administered, and where, if necessary, the procedures required under trade law are coordinated with procedures required under state law (e.g. rules set out in nature protection legislation). This also applies to later monitoring.