Catering business: Continuation after the death of the licence holder - notification

After the death of the licence holder of a restaurant, the Gatsstätte may continue to be operated by certain persons without their own permission.

After the death of the permit holder of a restaurant, this may be continued by the spouse, partner or the minor heirs during the minority without their own permission. The same applies to estate administrators, guardians of the estate or executors of the will up to a period of ten years after the succession. They must immediately notify the competent authority in writing if they wish to continue the catering business and notify the competent municipality of the commencement of the business.

  • Chamber of Industry and Commerce information or proof of a vocational qualification in a relevant profession,
  • Death certificate of the permit holder.

If the report (in accordance with §14 of the Trade Code) is filed in person, the identity card or passport must be presented. In the case of a notification by an authorized representative, a power of attorney must be submitted.

Informal application.


However, the person entitled to continue can also obtain permission in accordance with § 2 GastG. This would be considered if he/she needs a permit anyway when adding rooms.

At the same time, a complaint must be filed in accordance with § 14 GewO.

  • §§ 8, 10 Restaurant Act (GastG),
  • § 14 Gewerbeordnung (GewO).

Related Links

  • § 14 GewO
  • GastG

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