Apply for special use permission for outdoor dining

Prerequisites

"- You operate a pub or restaurant directly adjacent to the area for which you wish to apply for special use permission."

"- You possess a valid permit under the Hospitality Act (§ 2 GastG) or have properly registered your restaurant."

"- The use of the area must not unduly disrupt safety and the flow of traffic.

"At least 1.50 meters of space must remain clear on the sidewalk to allow pedestrians to pass safely. More space may be required in busy areas."

"- No urban planning regulations, monument protection or accessibility requirements may be violated.

"- Escape routes and areas for the fire brigade must remain clear at all times.

Documents required

- Informal or form-based application

- Scaled site plan / sketch showing the area (length × width in meters)

- Layout plan showing the position of tables, chairs, umbrellas, planters, and heaters

- Photos of the location (inventory)

- Proof of the catering license according to § 2 GastG or business registration

- For heating appliances: Safety data sheet / Certificate of conformity

- For structures (e.g., permanently anchored pavilions, pergolas): additional building permit may be required in accordance with the Hamburg Building Code (HBauO)

- If applicable, consent of the property owner (for private traffic areas according to § 25 HWG)

Please note

Unauthorized special use constitutes an administrative offense under Section 72 of the Hessian Water Act (HWG) and can be punished with a fine. The authorities can also order the removal of the objects.

The special use permit does not replace any required permits under restaurant law, trade law, or building law. These must be applied for separately, if necessary.

For special uses that interfere with the traffic area or require a traffic regulation order (e.g., closure of lanes), an additional road traffic regulation order or an exemption permit according to § 46 StVO is required.

For outdoor dining in or near public green spaces, Section 4 of the Law on Green and Recreational Facilities (GrAnlG) must also be observed.

Deadlines

"The application deadline for a special use permit is approximately 4 to 6 weeks before the planned start date."


The permit for special use is usually valid for one season (for example, from March to October) or for one year.


More detailed information regarding the duration can be found in the notification.

Procedure

You can submit your application for a special use permit for outdoor dining in writing to your local district office or online via Hamburg Service.

Written procedure:

1. You download the application form “Application for a permit to use public roads for special purposes” (see section 3).

2. You fill out the application and submit it with the required documents to the responsible district office (by post, email or in person).

3. The district office reviews the application and may involve other departments (police, fire department, monument protection, urban green spaces, building inspection).

4. You will receive a notification: if permission is granted, with conditions (e.g., layout plan, time limit, remaining sidewalk width); if it is rejected, with reasons and information on legal remedies.

5. You pay the fixed fees (administrative fee + user fee).

Processing time

Depending on the scope of the application, processing usually takes between 4 weeks and 3 months.

Fees

"An administrative fee is charged for issuing a permit, the amount of which varies depending on the complexity of the case. The exact amounts are specified in the Hamburg Fee Schedule for Special Uses (GebOSO)."


A usage fee is charged for using the area. This fee varies depending on the size of the area in square meters, the duration of use (day, month or year), and the property's location category.


The value categories for street location are defined in Annex 1 of the Hamburg Fee Schedule for Street Locations (GebOSO HH). Examples include:


Value level I: central and heavily frequented places such as Gänsemarkt, Jungfernstieg, Eppendorfer Baum or large parts of HafenCity.


Value level IV: less frequented paths not listed in Annex 1.


There are options for fee reductions or exemptions, for example a climate bonus if heating appliances are not used. These benefits can be applied depending on the current decision of the Senate.

Legal remedies

You can usually file an objection to the decision within one month of its notification. The exact deadline and the responsible authority can be found in the legal remedies information included with your decision.


If your objection is rejected, you can file a lawsuit with the Hamburg Administrative Court.


If the authority does not decide in time, a deemed approval occurs in accordance with Section 42a of the Hamburg Administrative Procedure Act (HmbVwVfG), and you are entitled to file a lawsuit with the administrative court.

Legal basis

Section 46 of the Road Traffic Regulations (StVO)


https://www.gesetze-im-internet.de/stvo_2013/__18.html


Section 19 of the Hamburg Roads Act (HWG)


https://www.landesrecht-hamburg.de/bsha/document/jlr-StrWGHAV12P19


§ 25 HWG


https://www.landesrecht-hamburg.de/bsha/document/jlr-WegeGHAV6P25


§ 72 HWG


Hamburg - Section 72 HWG | Hamburg State Law | Administrative Offenses | Section 72 - Administrative Offenses | Valid from: September 30, 2017


Annex 2 Fee schedule for the administration and use of public roads (GebOSO)


Hamburg - Annex 2 of the Hamburg Public Transport Fee Ordinance 1994 | Hamburg State Standard | Annex 2 - User Fees | valid from: January 1, 2026