Sondernutzung von Straßen Erlaubnis zum Anbieten von Waren oder Leistungen auf der Straße

§ 19 Hamburg Roads Act (HWG)
www.landesrecht-hamburg.de/bsha/document/jlr-WegeGHAV5P19

If you want to offer goods and services on public areas, you must first apply for a special use permit.

Public streets, paths or squares are dedicated to common use. This means that these areas are accessible to anyone and can be used by the general public without the need for special permits or restrictions.

If you want to offer goods or services on public areas, this constitutes a special use of public space. You must apply for a permit (special use permit) from the responsible authority in advance.

Examples of special use are:

• Setting up tables, chairs and parasols for outdoor catering
• Display of goods in public areas
• Organizing events
• Setting up information stands and information buses

• Informal application for a special use permit
• Documents setting out the type and extent of the special use (for example, a sketch with details of the dimensions)

You may need to provide additional documentation. You will be informed accordingly during the process.

• They do not restrict traffic safety.
• They do not disproportionately affect the ease of traffic flow.
• They do not disproportionately affect public use.
• They do not disproportionately affect path components.
• They do not disproportionately restrict environmental concerns.
• They do not disproportionately restrict urban development concerns.
• They do not disproportionately restrict public interests, including the generation of revenue from the use of the paths.
• They do not disproportionately restrict the public or private rights of third parties.

There is a fee for issuing the permit. Fees may also be charged for using the area. The amount of the fees depends on the type, extent and location of the special use.

• You submit your application with the necessary documents.
• Your application will be reviewed. If any documents or information are missing, you will be asked to provide them.
• You will receive a notice of approval or a notice of rejection.
• You will receive a fee notice.
• You pay the fees

The processing time depends on the type and scope of your application, as well as the quality of the documents submitted.

None. However, you must have permission before you begin special use.

Even if all the actual and legal requirements are met, you are not entitled to be granted a special use permit. The responsible authority decides on your application at its own discretion.

The responsible authority always grants you the special use permit for a limited period of time. The permit is granted to you with a revocation reservation. This means that the granted permit can be withdrawn. The permit is subject to conditions that you must fulfill.

The responsible authority may require you to pay for the repair of damage caused by your special use. The responsible authority may also require you to make an advance payment or deposit a sum of money as security.

Contradiction

• Apply for a special use permit to offer goods and services on public areas
• Offering goods or services on public areas is a special use
• Special use requires prior approval (special use permit) from the competent authority
• Examples of special use:
  • Setting up tables, chairs and parasols for outdoor dining
  • Display of goods in public areas
  • Organizing events
  • Setting up information stands and information buses

District Office Hamburg-Mitte