Prostitution

The new Prostitution Protection Act has been in force since 01.07.2017.

Basically, anyone who works as a prostitute in Germany or who operates a prostitution establishment in Germany must register this and in some cases requires a permit. Only the prostitution establishments fall under the trade notification obligation, not the individual prostitute.

Brief overview

The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth (BMFSFJ), which is responsible for the Prostitution Protection Act, has provided information on the Prostitution Protection Act on its website for the responsible local authorities, but also for counseling centers and the interested public, to which we would like to draw your attention.

  • General As of 01.07.2017, prostitutes must register where they predominantly carry out their activity. This applies to self-employed persons and employees. Those who were already engaged in prostitution before July 1, 2017, do not have to register until December 31, 2017.

    Registration for prostitutes who predominantly pursue their activity in the Rosenheim municipal area is to be made at the Ordnungsamt, Königstr. 15, III. floor. Contact persons can be reached at +49 (0) 80 31 / 365-13 51 or -13 11.

    A mandatory prerequisite for registration is participation in a health consultation, which is held at the State Health Office, Prinzregentenstraße 19.

    Required documents

    • Two biometric passport photos
    • Identity card or passport, or an appropriate substitute document
    • Proof of a health consultation according to §10 paragraph 1 ProstSchG (at the first registration this must not be older than three months)

    Costs There are costs for the health consultation at the health office as well as for the registration certificate, at least 35 € per certificate.

    Special features You can also have an alias certificate issued for the anonymous practice of your activity. This certificate contains the same information as the "normal" registration certificate, only it is not personalized, but contains a "pen name". When registering, you must indicate in which cities and municipalities (except Rosenheim) you wish to engage in prostitution.

    Non-German national s In the case of non-German nationals (especially those from outside the EU), you may have to observe the regulations under aliens law when taking up self-employment. Information is available from the Foreigners' Registration Office.

    Information and counseling interview Before the registration certificate is issued, an information and counseling interview takes place. This will only take place after an appointment has been made and, if necessary, with the assistance of an interpreter. Additional costs may be incurred by the applicant.

  • General: As of 01.07.2017, the operation of a prostitution establishment (e.g. brothel) must be reported to the public order office or a permit must be applied for. In addition, a business registration must be made. Those who have already operated a prostitution establishment prior to July 1, 2017, must have registered the establishment by October 1, 2017 at the latest (notification according to the Prostitution Protection Act (ProstSchG) and trade law) and have submitted the required documents by December 31, 2017.

    The registration and application for businesses in the city of Rosenheim is to be made at the Ordnungsamt, Königstr. 15, III. floor. Contact persons can be reached at +49 (0) 80 31 / 365-13 51 or -13 11.

    Required documents

    • Written application for permit
    • Operating concept (for content see § 16 ProstSchG)
    • Data of the business owner (surname, first name, date of birth, home address, telephone number, e-mail address). In the case of a legal entity, company name, company address, data of the person authorized to represent the company, excerpt from the commercial register, alternatively the number of the register sheet in the commercial register as well as its registered office.

    The authority verifies the personal reliability of the applicant (among other things, by obtaining a certificate of good conduct and a statement from the police).

    Costs The statutory fee framework for the granting of a prostitution establishment ranges between € 500 and € 50,000 and depends on the extent of the administrative work involved in granting the permit.

    Special features of building law: We would like to point out that the operation of a prostitution establishment is also subject to approval under building law and can also be a prerequisite for the granting of a permit under the Prostitution Protection Act. The building regulations office checks, among other things, building law criteria such as fire protection requirements, sanitary equipment or the availability of sufficient parking spaces. Contact the Building Regulations Office of the City of Rosenheim at +49 (0) 80 31 / 365-16 71. Restaurant law: If alcohol is served in prostitution establishments, a restaurant permit is also required. Contact the Public Order Office at +49 (0) 80 31 / 365-13 51.