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Spaces in Berlin
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.
Are there any permit forms?
Please find the business registration form under the following link: https://service.berlin.de/dienstleistung/121921/en/
What are the allowed opening hours?
Sales outlets are allowed to be open around the clock from Monday to Saturday. Generally, sales outlets should be closed on Sunday and public holidays.
Please note the following exemptions: - Sales outlets for the needs of tourists may open on Sundays and public holidays from 1 p.m. to 8 p.m. - Sales outlets with specific goods (like flowers, newspapers and magazines, bakery products, etc.) are allowed to open from 7 a.m. to 4 p.m. on Sundays and public holidays. - Specific sales outlets (like petrol stations, pharmacies, airports, etc.) may be open on Sundays and public holidays. - The Land of Berlin may permit Berlin-wide shop opening from 1 p.m. to 8 p.m. for a maximum of 8 Sundays or public holidays per year. In addition, sales outlets may open from 1 p.m. to 8 p.m. on two additional Sundays or public holidays for special occasions (e.g. a company anniversary or a street festival).
What permits are necessary to extend opening hours? Where can these permits be obtained?
A "template for notification of opening a shop on Sunday/a public holiday due to a special occasion" is available under the following link: https://service.berlin.de/dienstleistung/327974/en/
Can I offer merchandise on the sidewalk?
A special use permit is required. Applications are available on the official Website of Berlin - district office (Bezirksamt) Charlottenburg-Wilmersdorf.
Do I need a permit to open a restaurant?
Yes, a permit is required.
If yes, where can it be obtained, and what do I need to consider?
Please find the application for a restaurant licence in the source below: https://service.berlin.de/dienstleistung/327483/en/
What are the allowed opening hours? Are permits required to extend them? Where to get them?
The blocking time for bars and restaurants, as well as for public amusement venues and arcades begins at 5 a.m. and ends at 6 a.m.
Are there any special permits (e.g. to serve alcohol)?
Yes, you need a permit to serve alcohol, for example.
What event permits are necessary (e.g. to serve alcohol)?
A permit under the law on restaurants is required.
Do owners/managers need a special permit?
No, owners/managers don't need a special permit.