Prostitution trade - applying for a permit

You need a permit to operate a prostitution business.

You operate a prostitution business if you offer services in connection with the provision of sexual services by at least one other person on a commercial basis or provide premises for this purpose by

  • operating a prostitution establishment or a prostitution agency,
  • providing a prostitution vehicle, or
  • organise or conduct a prostitution event.

Places of prostitution are:

Buildings, premises and other fixed installations that are permanently used as a place of business for the provision of sexual services. Examples: Brothels, brothel-type establishments, flat brothels, appointment flats or model flats.

Prostitution brokering means:

Procuring at least one other person to provide sexual services outside of the operator's prostitution premises. This also applies if it is merely apparent from the circumstances that the services procured include sexual acts. This also includes driving and escort services (so-called escort).

Prostitution vehicles are:

as a rule, motor vehicles, in particular mobile homes, caravans, vehicle trailers and other mobile facilities (e.g. sea and inland waterway vessels that are not permanently connected to the shore) that are made available for the provision of sexual services.

Prostitution events are:

events organised for an open circle of participants at which at least one person directly present offers sexual services.

They are granted permission for a specific operating concept. For this, the minimum requirements for the respective prostitution business must be met.

Permission is only granted if the prostitution business is to be operated in a municipality with at least 35,000 inhabitants. This only applies if there is no complete ban on prostitution in the entire municipality by legal ordinance.

If you wish to operate a prostitution business with a proxy, you must also apply for a proxy permit for a prostitution business.

Prerequisite

  • You are at least 18 years old.
  • They possess the reliability required to operate a prostitution business. In view of the sensitive legal interests of personal freedom, sexual self-determination, physical integrity and personal safety of prostitutes and customers, there are particularly high requirements.
  • The prostitution establishment must meet the requirements necessary according to its operating concept as well as its local location, equipment and condition:
    • to protect the prostitutes working in the prostitution trade, the employees, other persons providing services there, the customers,
    • the protection of young people, and
    • for the protection of residents, neighbours or the general public.

Responsible department

The lower administrative authority, insofar as there is no prohibition of prostitution in the respective municipal area.

Procedure

You can submit the application in writing or electronically.

  • To apply electronically, log in with your service account.
  • Complete the online form in full.
  • Select the desired prostitution business, e.g. operation of a prostitution establishment.
  • Upload the required documents.
  • Submit the application.
  • You will receive a confirmation of receipt.

In the further procedure, the competent authority will obtain a statement from the police to verify your reliability. If necessary, other authorities and departments can be involved in the examination of the business concept, e.g. building regulations, building planning, health, immission control, vehicle registration, trade and public order authorities as well as youth welfare offices.

You are not allowed to start a prostitution business until you have received permission.

Deadlines

None

Required documents

Sole proprietorship (natural person):

  • Identity card or passport, electronic residence permit if applicable
  • Business concept
  • If applicable, certificate of good conduct for submission to an authority according to document type 0 or European certificate of good conduct (to be applied for at your municipality of residence)
  • Extract from the commercial register according to document type 9 (to be applied for at the respective municipality of residence or company headquarters)
  • Certificate in tax matters from the tax office responsible for you
  • Details of persons employed for deputising, operational management and supervision tasks

Companies (legal entities), e.g. limited liability company (GmbH):

  • Current extract from the commercial register
  • Copy of the articles of association
  • Operating concept
  • Identity card, passport, if applicable electronic residence permit for the legal representative(s) (to be applied for at your local municipality)
  • If applicable, certificate of good conduct for submission to an authority according to document type 0 for the legal representative(s) or European certificate of good conduct (to be applied for at your local municipality)
  • Extract from the commercial register according to document type 9 for both the company and the legal representative(s) (to be applied for at the respective municipality of residence or place of business)
  • Certificate in tax matters from the responsible tax office for both the company and the legal representative(s)
  • Details of persons to be employed for deputising, operational management and supervision tasks

In addition, in the case of an application for a permit for a prostitution establishment:

  • Building or occupancy permit including description of operation for commercial premises
  • Floor plan drawing
  • Rental agreement or proof of ownership

In addition, when applying for a permit for a prostitution vehicle:

  • Registration certificate Parts I and II
  • If applicable, proof of ownership with regard to the vehicle or proof of the right to use the vehicle
  • Current photo of the vehicle

Costs

The amount of the fees depends on your individual case and on the fee statutes of the municipality in which you wish to operate the trade. It is not possible to give a flat rate.

Processing time

The time required for the granting of permission depends on the complexity of the matter.

Miscellaneous

None

Appeal

Objection or complaint

Legal basis

Gesetz zum Schutz von in der Prostitution tätigen Personen (Prostituiertenschutzgesetz - ProstSchG)

  • § 12 ff Erlaubnis zum Betrieb eines Prostitutionsgewerbes; anlassbezogene Anzeigepflichten

Verordnung der Landesregierung über das Verbot der Prostitution

  • § 1

Landesverwaltungsverfahrensgesetz (LVwVfG)

  • § 3a Elektronische Kommunikation

Gesetz über Personalausweise und den elektronischen Identitätsnachweis (Personalausweisgesetz - PAuswG)

  • § 18 Elektronischer Identitätsnachweis

 

Release note

machine generated, based on the German release by: 08.09.2023 Sozialministerium Baden-Württemberg