FAQ Kapitel V.

  1. Compulsory permits for prostitution businesses

    1. What is a prostitution business?

    2. According to Section 2 ProstSchG, a person operates a prostitution business if they:

      • operate an establishment used for prostitution (e.g. brothel, club, apartment),

      • provide a vehicle used for prostitution (e.g. a love-mobile),

      • organise or hold an event with prostitution (e.g. a sex party with sexual services),

      • brokers prostitution services (e.g. an escort agency).

    1. What does the compulsory permit mean?

    2. The ProstSchG requires operators of a prostitution business to apply for a permit from the local public order authorities (Ordnungsbehörde). Permits may only be granted on certain conditions, e.g. the submission of a business concept, a police clearance certificate as proof of the reliability of the operator or deputy, as well as a suitable location and safety regulations.

      The issuance of permit is chargeable and for a limited time only. A permit for the operation of a vehicle used in prostitution will be granted for three years at most. On request, it can be extended.

    1. Does this compulsory permit for a prostitution business also apply to me as a prostitute?

    2. If you work in a prostitution establishment (e.g. brothel, club), then you do not run a business and do not require a permit.

      You also do not require a permit if you work as a prostitute alone in an apartment.

      But if a person purposefully provides several persons with an apartment in order to offer sexual services, this apartment will be considered a prostitution business. Therefore, if you work in one apartment together with one or several colleagues, even if it only occasionally, this apartment will usually be classified as a prostitution business that requires a permit. It also means that you or one of your colleagues will have to fulfil the obligations of an establishment manager.

    1. By when must an application for a prostitution business permit be filed?

    2. For new businesses the operators are first required to report the new business with the local regulatory authority and must place an application for granting permission with the competent district authority. The authorities must provide certification of the report and the application. Only after a final examination of the application for a permit the prostitution business can be opened.