Two Permits, One Operation: What Actually Allows a Prostitution Venue in Saxony-Anhalt in 2026
By the end of 2024, there were exactly 62 valid permits for a prostitution business throughout Saxony-Anhalt — precisely the same number as in the year before. Almost half of them, 31 permits, were in the state capital Magdeburg. This is a remarkably small number for an entire state, and it tells more about the reality of prostitution venues in Saxony-Anhalt than any fundamental debate: Anyone who wants to legally operate a venue here must pass through a needle’s eye consisting of more than one application.
Because the most common misconception in new ventures is the assumption that there is „one“ permit. In reality, there are at least two separate procedures at two different offices: the permit under the Prostitutes’ Protection Act (ProstSchG) and the building permit. Both can fail — independently of each other. This article clarifies what applies in 2026 for operators in the state, who is responsible for what, and where applications get stuck in practice.
Who Needs a Permit at All
The federal ProstSchG has applied uniformly throughout Germany since July 1, 2017. According to § 12 ProstSchG, a permit is required for the prostitution business — and the term is broader than many think. It includes not only the classic brothel, but also the provision of premises for the exercise of sexual services, the operation of a prostitution vehicle, the organization of prostitution events, as well as prostitution mediation.
The decisive factor is the commercial provision of infrastructure by at least one other person. So if someone rents out multiple rooms in which others provide sexual services, they quickly become subject to permit requirements — even if they publicly refer to „model apartments.“ The name does not change the permit requirement; what actually happens is what matters.
Nationwide, around 93 percent of all issued business permits are for prostitution venues, with a small remainder for mediation, vehicles, and events. The prostitution venue is thus the standard case — and the most heavily regulated.
The Permit under § 12 ProstSchG
The application is filed with the competent permit authority — the trade office — of the district or independent city where the venue has its registered business address. The permit is not a mere formality but is tied to the person, concept, and premises simultaneously.
The Operating Concept
The centerpiece of the application is the operating concept under § 16 ProstSchG. The permit is explicitly issued for a specific operating concept and for specific structural facilities, installations, and premises. The concept describes, among other things, the organization of operations, the number of work rooms, opening hours, pricing, and measures to protect the people working there. If someone significantly changes the concept later — such as adding rooms or switching the mode of operation — they generally need the authority to review it again. The concept is thus not a document for a drawer but the legal framework against which ongoing operations are measured.
Reliability and Personal Requirements
The applicant must be of legal age and possess the reliability required for operating the business. This is not only checked for the operator herself, but also for people employed as substitutes, managers, or supervisors. Prior convictions in relevant areas, violations of weapons or drug laws, or evidence of human trafficking and exploitation regularly lead to denial. Important for long-term planning: Reliability is not determined once but is re-examined at least every three years. A granted permit is thus not a permanent possession.
Requirements for the Premises
A prostitution venue must, by its location, equipment, and condition, meet the statutory minimum requirements. They are intended to protect the prostitutes working there, employees, customers, youth, and residents. In practice, this includes questions of hygiene, sanitary facilities, emergency call options, lockable retreat spaces, and the separation of residential and work areas. The operator is obliged to ensure that these minimum requirements are met not only during the inspection but throughout the entire operation.
The Second, Often Overlooked Hurdle: Building Law
Most ambitious plans fail here — not under ProstSchG, but under building planning and building code law. The ProstSchG permit does not replace a building permit. If someone wants to use premises as a prostitution venue for the first time, they generally need a building permit for the change of use from the competent building authority.
Court rulings distinguish finely between the brothel, the brothel-like operation, and apartment prostitution. The decisive distinguishing criterion is whether and how the premises are used for residential purposes. A brothel is typically classified as a commercial operation under building law, which simply does not fit into pure or general residential areas and cannot be approved there. Apartment prostitution, formerly tolerated in classic residential neighborhoods, is increasingly coming under pressure once usage exceeds the „socially acceptable“ level of a single person.
This has a harsh consequence for site selection: A perfectly developed operating concept is useless if the building is located in an area where the use is not permissible under building law. Anyone who rents or buys a property before clarifying building law permissibility assumes considerable financial risk. The binding information on whether a specific address is feasible comes only from the local building authority — ideally through a preliminary building inquiry before any contractual commitment.
Who Is Responsible in Saxony-Anhalt
ProstSchG is federal law, but enforcement is a state matter. Saxony-Anhalt set the framework with its Implementing Act to the Prostitutes’ Protection Act, which came into force in 2019. The distribution of responsibilities has been clear since then:
- Districts and independent cities enforce the law. They are the permit, registration, and supervisory authority on the ground — for both operator permits and registration of working persons.
- The Saxony-Anhalt State Administration Office exercises technical and legal oversight. It is the level that ensures uniform interpretation across the state but is not the first contact for a specific application.
For operators, this means: The first point of contact is always the independent city (such as Magdeburg or Halle) or the respective district (such as Saalekreis). That is where business permits and subsequent inspections come together. The authorities have far-reaching information and inspection rights over permit holders: They may enter premises and business spaces for supervision purposes, inspect business records, and conduct inspections.
Restricted Areas: Where the Venue Is Actually Allowed
Besides permits and building law, there is a third spatial restriction: the restricted area ordinance. It is based on Article 297 of the Introductory Act to the Criminal Code (EGStGB) and can prohibit the exercise of prostitution in certain streets, squares, or entire areas — as well as at certain times of day — such as to protect youth or public decency. Violation is initially an administrative offense; persistent repetition can make it criminal.
The key point for Saxony-Anhalt: There is no state-wide uniform restricted area regulation. What applies differs from municipality to municipality. The finding for the state capital is noteworthy: Magdeburg has no formal restricted area that would comprehensively ban street prostitution. But that does not mean everything is permitted — the building law limits in residential areas work more effectively in practice than many a restricted area. For every other city and district: Whether and where a restricted area ordinance exists cannot be derived from state law but can only be reliably determined by asking the respective municipality. This information should be at the beginning of any site planning, not at the end.
Ongoing Obligations During Operation
With the permit, obligations only begin. The legislator demands continuously monitored, transparent operations:
- Condom requirement and notice: Germany has a condom requirement (§ 32 ProstSchG). The operator must draw attention to it through a clearly visible notice — advertising that suggests unprotected intercourse is prohibited.
- No directives on specific actions: Operators may not issue instructions to working persons about the nature, extent, or choice of partner for sexual services. The right to give instructions ends at self-determination.
- Notification obligations: Significant changes — changes in responsible persons, concept changes, cessation of business — must be reported to the authority.
- Cooperation with inspections: The competent authority may inspect unannounced. Business records must be maintained; access must be granted.
- Protection and equipment: Minimum requirements for the premises must be continuously ensured; violations can lead to revocation of the permit.
In parallel, every working person — regardless of the business — is subject to personal registration requirements. Before registration with the competent office, mandatory health counseling at the health office must be completed; it must be repeated at least every twelve months, every six months for those under 21. The registration certificate, colloquially „sex worker pass,“ is valid throughout Germany. Operators may only have persons work who possess these certificates — a point regularly checked during inspections.
What the Numbers Reveal About the Market
Official statistics paint a picture of quiet concentration for Saxony-Anhalt. By the end of 2024, 377 sex workers were validly registered in the state — ten fewer than in 2023 (387). This runs counter to the national trend: Nationwide, the number increased by 5.3 percent to around 32,300, but remained far below the pre-Corona level of 40,400 (end of 2019).
Within the state, registered activity is distributed unevenly: Halle (Saale) leads with 132 registrations, followed by Magdeburg with 110. Together, the two independent cities thus account for the bulk. 290 of the registered persons — well over 77 percent — were between 21 and under 45 years old; the most common countries of origin were Romania, Hungary, and Bulgaria, a pattern that matches the national one.
For businesses, the number of permits remains at 62, of which 31 are in Magdeburg. At the same time, counseling centers report a different reality alongside licensed venues: In Magdeburg, there are over 50 so-called model apartments and a larger brothel. Social workers also warn of a growing street prostitution scene — with concern that stricter building law enforcement drives workers out of protected spaces into less controllable conditions. This is exactly where the political tension lies: The stricter building law and permit requirements are, the larger the share that takes place outside the regulated framework.
For operators, a sober reading can be drawn from this: The market for legal, licensed prostitution venues in Saxony-Anhalt is small, stable, and heavily concentrated in the two major cities. Anyone new entering does not compete for volume but for a few, carefully vetted locations.
The Practical Path to an Approved Venue
Anyone wanting to open a prostitution venue should not leave the sequence to chance. This order has proven effective:1. Clarify building law requirements for the location. Before any lease, submit a preliminary building inquiry to the local building authority: Is use as a prostitution establishment permitted here?
2. Check restricted areas. Ask the municipality whether a restricted area ordinance applies at the location.
3. Create an operating concept. Document premises, organization, safety measures, and opening hours clearly – this forms the basis for the permit.
4. Apply for a permit under § 12 ProstSchG. At the trade office of the district or independent city, with concept and reliability documentation.
5. Set up taxes and registrations. Register the business, clarify income tax and possibly sales tax; tax obligations exist independently of the ProstSchG permit.
6. Organize ongoing obligations. Condom notices, verification checks of working persons, notification of changes, preparation for inspections.
Conclusion
Operating a prostitution establishment in Saxony-Anhalt in 2026 is above all a matter of the correct sequence and two separate permits. The ProstSchG permit reviews the person, concept, and premises; building law determines whether the location is permissible at all; the municipal restricted area regulation sets the final spatial boundary. The districts and independent cities are responsible, supervised by the State Administrative Office. The small, stable number of 62 permits shows that the legal framework is narrow but clearly defined.
Because restricted areas, building law zones, and procedural details vary from municipality to municipality, no guide replaces binding information from the competent authority. If you’re planning, talk early with the building authority and trade office at your intended location – before signing the first lease. On 6love you’ll find more well-founded articles on law, safety, and self-employment in the industry – explore our community and ask your questions.
This article is general guidance and not legal advice. The binding information is the statement from the competent authority in your district or independent city.