The food service industry in Germany is strictly regulated by food safety, hygiene and fire safety rules. Preparing to open a restaurant means getting the premises approved step by step and obtaining special permits.

When you need a licence to serve alcohol (Gaststättenerlaubnis)

Rules for restaurants and bars are set by the federal states. In many of them, you need a licence (Gaststättenerlaubnis) from the Ordnungsamt or Gewerbeamt to serve alcohol for consumption on the premises; in some states, a notification is enough instead. Serving soft drinks and food without alcohol usually needs no licence, but you must always register the business (Gewerbe).

Proving your reliability

To obtain the licence, you prove your personal reliability by providing a certificate of good conduct for submission to an authority (Führungszeugnis zur Vorlage bei einer Behörde), an extract from the central trade register (Gewerbezentralregister) and a certificate from the tax office (Finanzamt) confirming you have no tax arrears.

IHK briefing and hygiene instruction

Where a licence is required, the person in charge usually attends a short briefing on food law and hygiene at the IHK (Gaststättenunterrichtung). All kitchen and service staff must receive instruction on infection protection from the public health office (Gesundheitsamt) under Section 43 of the Infection Protection Act (Belehrung nach § 43 IfSG).

Building and hygiene requirements for the premises

The premises must have planning approval (Baugenehmigung) for use as a restaurant. This requires separate toilets for guests and staff, professional ventilation with grease filters, a grease separator (Fettabscheider) and emergency exits.

What to check

  • Check whether a change of use (Nutzungsänderung) is needed before signing a long-term lease.
  • Have all staff receive the hygiene instruction at the Gesundheitsamt before their first working day.
  • Commission the required fire safety plan and evacuation plan.
  • Submit the licence application at least six to eight weeks before the planned opening date.

Example situation

Before signing the lease, a coffee shop owner checks with the building authority (Bauamt) whether the premises may be used for food service, avoiding €15,000 in costs for redesigning the ventilation.

Next step

The premises decide the fate of a food business; only start renovation after agreeing the plan with the Bauamt inspector and the fire service.

Official information on this topic

Checklists and examples are organisational recommendations. Requirements depend on the procedure, the city and your situation; check them with the relevant office before you act. Please discuss legal and tax questions with an authorised professional.

This article was prepared with the help of AI. The example illustrates the approach and does not describe a client case.