Two flatmates, twelve-month contract: where the apartment ends and the permit-required salon begins in Neuchâtel (2026)

On the reference date of December 31, 2024, the Canton of Neuchâtel recorded 51 locations where sex work took place: 32 salons, 18 private apartments, and a single specialized public establishment. This list comes from the State Council’s response to Interpellation 25.195, which was answered in writing in March 2026.

What is interesting about this list is less the total than the dividing line that runs through the middle of it. On one side are establishments that need a cantonal permit, pay an annual fee, and submit reports every month. On the other side are locations that the law explicitly does not treat as salons – there is no permit, no fee, no registry.

Where exactly this line is drawn is regulated with unusual precision in Neuchâtel. It can be reduced to two numbers. Those who know them will know whether they are operating a permit-requiring erotic business or simply working in their own home. Those who don’t know will find out at the latest at the first inspection.

One Law, Two Completely Different Obligations

The Law on Prostitution and Pornography (LProst, RSN 941.70) of August 30, 2016 has been in force since January 1, 2017 and replaced the predecessor law of 2005. It consistently separates the person providing sex work from the person operating a location for that purpose.

For sex workers themselves, Article 12 applies: a notification, in advance, personally to the responsible office – and free of charge. Any subsequent change, in particular regarding the workplace or the nature of the activity, must be reported; the end of activity must also be reported. The individual does not need a permit.

According to Article 14, only two things require a permit: operating a salon and operating an escort agency. This division – notification for the person, permit for the establishment – is not a Neuchâtel peculiarity; other cantons also work with the principle that the establishment carries the permits and not the person. What makes Neuchâtel special is the precision with which it defines when a location is actually a salon.

The Exception on Which Everything Hinges

Article 5 LProst defines salon prostitution as sex work at meeting places hidden from public view. Paragraph 2 makes clear: such locations, whatever kind they are, are considered salons within the meaning of the law. Then comes paragraph 3 – the exception.

A location is not a salon if the activity is conducted exclusively and independently by the person who is either the owner of the premises or has a written lease with the owner. The law leaves the scope of this exception to the State Council, and with a clear mandate: it sets a maximum number of co-tenants and a minimum lease duration.

Two Co-tenants, Twelve Months Contract

These two numbers are found in Article 4 of the Implementing Regulations (RELProst, RSN 941.71) of December 14, 2016: The maximum number of co-tenants is two, the minimum lease duration is one year.

With this, the line is drawn. An apartment in which up to three people work together – the main tenant and two co-tenants – with a written contract concluded for at least one year, in which no one sets rules for anyone else, is not a salon under Neuchâtel law. The same apartment with a fourth person, or with a contract for six months, is a salon – and thus requires a permit, with everything that comes with it.

Why the Boundary Shifts in Practice

Three constellations regularly cross the line, often without the parties being aware of it:

  • The third colleague. Anyone who turns a two-person into a four-person arrangement changes categories – even if nothing else changes.
  • The short contract. Furnished short-term rentals, weekly or three-month contracts, and sub-lease constructions do not meet the one-year requirement. The exception then does not apply, even if only one person works there.
  • The word „independently“. The exception requires that the activity be conducted independently. Anyone who takes appointments for others, sets prices, assigns shifts, or rents out rooms on a daily basis is effectively operating a salon – regardless of what the lease says.

One thing remains the same in all cases: the personal notification requirement under Article 12 never lapses. Article 12 RELProst explicitly requires that the workplace be specified in the notification – even if that workplace is not a salon within the meaning of Article 5 Paragraph 3.

Three Business Forms, Two Offices

Responsible for salons and escort agencies is the Office of Relations and Working Conditions (ORCT), Control Sector, at Rue du Parc 117 in 2300 La Chaux-de-Fonds. The ORCT is part of the Employment Service and, according to Article 1 RELProst, is the enforcement body of the responsible department.

The third business form is handled by a different office: the specialized public establishment («établissement public spécialisé»), colloquially the prostitution venue with a bar. Its permit is issued under the Trade Police Law (LPCom) of February 18, 2014, that is, by the trade police – specifically by the Service of Consumption and Veterinary Affairs. The ORCT provides a statement on this, and Article 11 Paragraph 2 RELProst states: if this statement is negative, it is binding for the trade police. That an erotic permit and a catering permit are two separate procedures is also known in other cantons – in Appenzell Ausserrhoden, for example, the bar is simply the second permit.

These venues are subject to specific structural requirements: according to Articles 6 and 7 RELProst, it must be clearly recognizable from outside that sex work takes place in the establishment, the notice of the entry ban for minors must be on the façade, terraces are prohibited, and there must be only one single customer entrance. Only persons who have specified exactly this establishment in their notification may work there. Escort activity in hotels and para-hotel establishments is explicitly excluded. And Article 11 LProst remains categorical: sex work in public spaces is prohibited in the Canton of Neuchâtel.

What Goes in the File

Article 15 RELProst lists the attachments for the application. For a natural person, this is a copy of the ID; for foreign nationals, the residence permit; a criminal record extract; the social security card; and the lease. For a legal entity, a commercial register extract is added, and for the responsible natural person again ID, residence permit, and criminal record extract.

The ORCT additionally requires two documents on its information sheet that are not spelled out in the regulations but regularly become stumbling blocks in practice: a certificate from a compensation fund regarding self-employed status and the number and identity of persons working in the salon, reported via a separate form. In addition to the permit application, the office maintains forms for notification, arrival and departure, and a registry form – their current versions date from 2026.

The ORCT reviews the application and may conduct an on-site inspection (Art. 16 RELProst). The permit is issued under Article 15 LProst for a specific activity, a specific location, and specific premises, can be subject to conditions and time-limited, is personal and non-transferable. Anyone who changes location therefore does not simply need an address change but a new review. That a precisely described business concept determines success or rejection is the experience of applicants elsewhere as well.

Who Gets the Permit – and Who Doesn’t

Article 18 LProst names four personal requirements for the responsible person: Swiss nationality or the necessary permit for self-employment in Switzerland; legal capacity; the actual operation of the establishment in person or in a management function; and no criminal convictions incompatible with the activity.

The last point is clarified in Paragraph 2. As incompatible are in particular a conviction for a crime against sexual freedom or integrity or for an offense in connection with trade – and for as long as the entry in the criminal record is not deleted. Also excluded is anyone who, in a previous activity as a salon or agency operator, seriously or repeatedly violated prostitution legislation. The press circulates a fixed ten-year ban on this; it does not appear in the statutory text – what matters is deletion from the criminal record.

For legal entities, Article 19 requires a registered office in Switzerland, clearly identified beneficial owners, and a clean record. When a company files an application, it must previously and in writing inform the office which natural person will assume the obligations of the law (Art. 15 Para. 5). That person is then the «personne responsable» – and is personally liable for compliance.

The Conditions Only Begin with the Permit

The part of the law that creates the most work in everyday practice is found in Articles 20 and 21.

The Registry and the 10th of the Month

The responsible person maintains a registry of all persons working in the salon or through the agency. It contains the full identity, residence, type and validity of residence and work permits, and arrival and departure dates – and additionally something that is often overlooked: the services provided and the consideration demanded for them. The establishment must thus document what it offers (room, laundry, advertising) and what it demands in return.

Article 10 RELProst regulates the procedure: the registry is maintained in the form prescribed by the ORCT, entries are submitted to the office monthly and by the 10th of the following month at the latest, and the data must be retained for six months after the end of activity and then destroyed. This monthly deadline is the real ongoing burden of the permit – similar to other cantons where after the decision the condition simply continues.

The Duty to Be Anything But the Boss

Article 21 requires, among other things, knowing the working persons, ensuring that they do not violate foreign and labor laws, that no minors have access and the age limit of 18 is maintained, and preventing disturbances to order, peace, health, and hygiene.

Two clauses stand out. Clause f obliges the responsible person to verify that the freedom of action of sex workers is not impaired, that no one is subject to threats, violence, or pressure, and that no one exploits a difficult situation or dependency. Clause g demands the opposite of what is otherwise expected of management: to avoid any subordination relationship and – outside the stated protective duties – to give no instructions regarding the activity. Whoever has the permit must therefore be careful not to lead.This includes the obligation to manage the operation personally and effectively, to be easily accessible to the authorities, and to report any absence of more than one month to the office; responsibility for the safety, health, and hygiene of the premises; and unrestricted access for employees of public health and integration services as well as prevention organizations that work with the canton. Article 5 RELProst adds: Prevention materials must be provided free of charge and visibly; the ORCT specifies which materials in a list.

What It All Costs

The amounts are set out in the fee decree RSN 941.72 of December 14, 2022. If the tariff is given as a range, the fee is calculated according to the time spent by the ORCT.

Item Amount
Annual flat fee for file management (salon or escort agency) CHF 1,224.– to 1,530.–
Granting of operating permit CHF 1,326.– to 1,530.–
Denial of permit CHF 306.– to 408.–
Amendment of permit CHF 153.–
Warning CHF 102.– to 306.–
Temporary or permanent withdrawal CHF 510.– to 1,020.–
First notice for missing document CHF 31.–
Inspections resulting in findings CHF 306.– to 1,020.–
Duplicate if permit is lost CHF 51.–

If the activity is discontinued in the first half of the year, the annual flat fee is halved. Noteworthy is the position of inspections resulting in findings: Article 17 paragraph 3 LProst allows these costs to be charged to the permit holder. An inspection without findings costs nothing; one with findings can run into four figures.

If Something Goes Wrong

According to Article 33, the supervisory authorities are the ORCT, the Neuchâtel police, and other services designated by the State Council. The inspecting persons are sworn in and have the status of judicial police officers. Under Article 34, they can inspect properties and premises at any time, verify identities, view premises, registers – explicitly including the register under Article 20 – accounts and receipts, and remove evidence material. However, the rules of criminal procedure apply to adjacent private residences.

On the sanctions side, Article 22 distinguishes three levels, graduated according to severity and history: warning, temporary withdrawal for one to six months, permanent withdrawal. Withdrawal can be combined with a prohibition on engaging in the same activity – even indirectly through third parties. Regardless, the office can take any measures under Article 35 to end an unlawful situation, including closure of premises and removal of installations, if necessary with police support.

Criminal law applies Article 37: Whoever intentionally or negligently violates the law or its implementing provisions is punished with a fine of up to 40,000 francs; attempt and aiding and abetting are punishable. Against decisions, recourse is available to the department designated by the State Council and subsequently to the cantonal court (Art. 36).

The Municipality Has a Say – Even Without Its Own Regulations

The cantonal permit says nothing about whether the premises at the chosen location can be used that way at all. Article 10 LProst prohibits sex work at times and in places where it is likely to disturb public order and peace – and paragraph 2 states: The municipalities are responsible for deciding on such restrictions. There is no cantonal list of these municipal regulations; what applies in La Chaux-de-Fonds does not necessarily apply in Neuchâtel, Le Locle, or Val-de-Travers.

Then there is the use question. Because the permit under Article 15 is tied to specific premises, municipal building and zoning law determines whether these premises comply with zoning – a change of use is a separate procedure with its own authority and its own deadlines. In smaller cantons, this procedure can have more effect than sex work law itself; Appenzell Innerrhoden shows how the public consultation becomes the actual bottleneck. Anyone checking a location in Neuchâtel should therefore clarify use with the municipality first – before the lease, not after.

The law ensures the municipality is informed anyway: Article 38 requires that criminal decisions be notified to the affected municipal council insofar as they concern municipal law.

Where the Data Flows

Article 31 LProst is clear: Information collected under this law is transmitted ex officio to the municipalities and to the departments for taxes, migration, social welfare, and trade police, insofar as necessary for their tasks. Other authorities receive it on written and substantiated request, in particular in connection with social insurance and child protection.

Whoever registers or obtains a permit simultaneously enters several administrative circles. However, there is a retention period: Under Article 13 RELProst, the ORCT destroys the data collected under Article 13 LProst as soon as it is no longer needed, but no later than two years after the end of the activity. And Article 14 RELProst requires the office to provide information upon registration about health risks, contact points for social or health problems, exit options, and social insurance regulations.

What the Numbers Say – and What They Don’t

Back to the beginning. According to the same answer to the interpellation, the 51 locations as of end of 2024 corresponded to 59 persons recorded as active on that reporting date. Ten years earlier, on November 1, 2015, there were 52 salons with around 118 persons.

These snapshot figures say little about annual volume: in 2025, 779 persons were registered for the first time in the canton, many of them for short stays. The market is therefore not small, but highly rotating – which explains the registration requirement with its arrival and departure data and at the same time shows why it requires work in practice.

Inspection density is manageable and predictable: Licensed businesses are inspected at least once a year and in any case within three months of opening. If problems are found, there is first a conversation with the business management to remind them of their obligations.

On the support side, the landscape is thin. The THAYS project by Médecins du Monde has supported sex workers in the canton since 2019 and is the only specifically dedicated offering; it has a service contract with the canton for 2026 to 2029, but is missing around 140,000 francs after the withdrawal of federal funds. In addition, GSN – Générations Sexualités Neuchâtel offers prevention, peer work, and anonymous testing; the inter-regional Fleur de Pavé is another contact point.

If You’re Planning Concretely

  1. Clarify the category first. How many people work at the same location, and how long does the written lease run? If there are more than two co-tenants or the contract runs for less than one year, it’s a salon.
  2. Then clarify the location. Check use and any municipal restrictions with the municipality of location before you sign.
  3. Build the complete file. ID and residence permit, criminal record extract, AHV card, lease, commercial register extract for companies – and the equalization fund certificate for self-employed status, which experience shows takes the longest.
  4. Set up the monthly routine right away. Register in the form of the ORCT, transmission by the 10th of the following month, storage for six months, then destruction.
  5. Budget for ongoing costs. Annual flat fee CHF 1,224.– to 1,530.–, plus a one-time issuance fee.

Only the responsible authority can provide binding information. For salons and escort agencies, that is the ORCT, Control Sector, Rue du Parc 117, 2300 La Chaux-de-Fonds ([email protected]); for specialized public businesses, the cantonal trade police; for use and zoning compliance, the municipality of location. The law texts themselves – LProst 941.70, RELProst 941.71, and the fee decree 941.72 – are freely available in the Recueil systématique de la législation neuchâteloise and are worth a direct look before the first lease is signed.