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• Building permit / application for advance notice > Download
• Building permit / application for advance notice (specialised construction) > Download
• Building permit / application for advance notice (advertising structure) > Download

• Building specification > Download
• Calculation of the converted space in accordance with DIN 2277 > Download
• Description of the business > Download

• Application for a demolition permit > Download
• Application for the approval of property subdivision pursuant to sec. 7 BauO NRW 2018 > Download
• Permit-free building project pursuant to sec. 62 BauO NRW 2018 / Application for deviation, exception and exemption pursuant to sec. 69 BauO NRW 2018 > Download
• Exemption from approval pursuant to sec. 63 BauO NRW 2018 > Download

The restaurant business is a commercial activity based on the sale of beverages or prepared meals for consumption at the respective location. Parties planning to run a restaurant business generally require a permit. Below, we have made the forms and datasheets you will need available for download. For further information, you can also get in touch the contact persons specified below.

• Application for restaurant permit
• Datasheet for individuals
• Datasheet for a partnership under German civil law (GbR)
• Datasheet for legal entities

The travel business is a commercial activity that does not require offices and which takes place outside of commercial premises. Parties planning to operate a travel business require a proper permit and generally require a travel business card. Below, we have made the forms and datasheets you will need available for download. For further information, you can also get in touch with the contact persons specified below.

• Application for a travel business card
• Datasheet for individuals
• Datasheet for partnerships under German civil law (GbR)
• Datasheet for legal entities
• Application for activities exempt from a travel business card

The gaming machine business is a commercial activity involving the installation of gaming machines with the prospect of winning. In order to protect consumers and control gambling addiction, the gaming machine business is subject to various legal regulations. As a result, any party planning to operate a gaming machine business requires a corresponding permit as well as certification of appropriateness for the desired location where gaming machines are to be installed. Below, we have made the forms and datasheets you will need available for download. For further information, you can also get in touch with the contact persons specified below.

• Application for a permit authorising the installation of gaming machines
• Application for a certification of appropriateness
• Datasheet for individuals
• Datasheet for partnerships under German civil law (GbR)
• Datasheet for legal entities

If you plan to operate a business as a broker for real estate, living space, loans or (certain) capital investments or as a builder or construction manager, you will also need a so-called broker permit in accordance with sec. 34c of the German Industrial Code (Gewerbeordnung). Though the Mettmann district is responsible for this, you can obtain these application documents directly from the business bureau of the city of Monheim am Rhein. The application must contain the following documents:

• Application form – available at the business registration office of the city of Monheim am Rhein (see below)
• Excerpt from the central business registry – available at the citizen’s service centre of the city of Monheim am   
• Rhein (see below)
• Certificate of conduct – available at the citizen’s service centre of the city of Monheim am Rhein (see below)
• Fiscal clearance certificate from the tax office – available at the competent tax office
• Partnership agreement (deed of partnership, company agreement etc. depending on the corporate form) or the business registry – only necessary for legal entities

For further information on the broker permit in accordance with sec. 34c GewO (German Trade Regulations), please visit the web pages of Mettmann district.

If you handle food as a business operator or intend to handle food in future, you must be aware of and observe a multitude of legal requirements. As the responsible authority, the district of Mettmann provides you with important information on its web pages.

The German term Gewerbe (business) is not defined by German law. It has, however,been established in German case law and literature. The Gewerbeordnung (GewO) cites four major criteria defining the term:

• Self-employed (regardless of the person)
• Regularity (continued, planned and long-term performance)
• Remunerated (a direct or indirect benefit; an activity intended to generate a profit)
• Permissible activity.

In particular, the German Industrial Code is not to be applied to so-called freelance activities such as:

1. Artistic or scientific activities or work as a writer
2. Activities of:

• lawyers, notary publics, legal practitioners
• financial auditors, tax advisers, tax agents
• physicians, dentists, veterinarians, naturopaths, psychologists
• self-employed surveyors, engineers, architects

 3. Fishing as well as agriculture and forestry if the use of soil constitutes the primary commercial basis and prerequisite for operation (primary production).

Certain activities require additional permits:

• Gaming machine business (sec. 33 c Gewerbeordnung)
• Inns/hotels (sec. 2/sec. 9 Gaststättengesetz (German law governing standards and practices in the restaurant business)

              - Exception: Lodgings with less than 8 guests at a time

• Security service industry (sec. 34 a Gewerbeordnung)
• In accordance with sec. 34c Gewerbeordnung:  [//Link//]

        - Brokering of real estate and living space
         - Financial service provider (exceptions: Brokering of insurance and building loan contracts)
         - Builders and construction managers (brokers)
         -  Loan brokers

• Transport of persons (e.g. taxi driver(s), transport business)

Special cases:

              - Trading of high-quality consumer goods, motor vehicles, entertainment electronics, computers,                                gemstones, jewellery, scrap metal etc.
                - Travel offices, brokering of accommodation
                - Information offices, investigative agencies
                - Organisational services in connection with marriages, partnerships and similar.
                - Sale and installation of building security facilities, locksmith services
                - Loan brokers

In accordance with sec. 1 of the Gewerbeordnung (GewO), anyone may operate a business providing the Gewerbeordnung does not prescribe any exceptions or restrictions (fundamental freedom to pursue a trade or business).

Notification must be provided in the following cases:

• the construction of a new business establishment or the commencement of commercial activity
• the takeover of an existing business
• opening another place of business for a commercial operation already present in the community
• opening a branch or a dependent place of business (e.g. sales office, distribution warehouse)
• a change to the object or expansion of the business to non-typical commercial goods or business services
• the relocation of the business or a place of business within the community or changing the place of residence of the business operator
• Change to the legal form of a business as well as the arrival and departure of a partner
• the complete or partial closure of a business.

Gaming machine installation business
A notification duty also applies with respect to the installation of vending, service and entertainment machines by commercial installers in all communities where machines are installed under their responsibility.

Part-time employment
Notification must also be provided for part-time employment if performed on a self-employed basis with the intention of generating profit (regardless of the amount) and which is exercised regularly and does not fall under the freelance activities defined above (see item 1. What is considered a business?).

Travel business card
Business operators with a travel business card must comply with the notification obligation to the same extent when changing their place of residence. This can occur informally, in writing, by telephone or e-mail.

The business operator must register the respective business.

This concerns the following party(ies):

In accordance with sec. 14 Gewerbeordnung (GewO), notification must be submitted to the municipality where the operation has its seat. The city of Monheim am Rhein can be notified using the city’s online service, by mail, fax or in person.

If you are registering a business in person, you will need:

• personal identification / passport
• Registration/deregistration/re-registration fee
• if you are a foreigner: your residence permit.
• if you are submitting an application in connection with an activity requiring a permit: the respective permit

Activities requiringa permit:

•  Gaming machine business (sec. 33 c Gewerbeordnung)
• Inns/hotels (sec. 2/sec. 9 Gaststättengesetz
• Security service industry (sec. 34 a Gewerbeordnung)
• In accordance with sec. 34 c Gewerbeordnung:

           - Brokering of real estate and living space
           - Financial service provider (exceptions: Brokering of insurance and building loan contracts)
           - Builders and construction managers (brokers)
           - Loan brokers

• Transport of persons (e.g. taxi driver(s), transport business)
• Special cases

           - Trading of high-quality consumer goods, motor vehicles, entertainment electronics, computers,                gemstones, jewellery, scrap metal etc.
           - Travel offices, brokering of accommodation
           - Information offices, investigative agencies
           -  Organisational services in connection with marriages, partnerships and similar.
           - Sale and installation of building security facilities, locksmith services
           -  Loan brokers

• if you would like to apply for an itinerant business card:

           - Excerpt from the central business registry of the business licensing office
           - Certificate of conduct from the resident’s registration office
           - Fiscal clearance certificate from the tax office
           - photo

If you do not intend to operate your business from a fixed location, but continually changing locations, it is considered an itinerant business. You will need an itinerant business card.

Before you can start your own business, a number of formal steps have to be taken care of first. The table shows where and what has to be done as well as by whom. Please note: the list is not exhaustive.