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Apply for a security permit


Commercial security is subject to authorisation. Guarding within the meaning of § 34a of the Industrial Code (GewO) is the activity aimed at protecting the life or property of third parties from interference by third parties. The specific activities covered by the term "security" are wide-ranging. These include, but are not limited to:

  • conventional bicycle, motor vehicle and building security,
  • the event service,
  • passenger screening;
  • the execution of cash and valuables transports,
  • personal protection, or
  • the guarding of industrial and military installations as well as nuclear power plants.

Guarding requires active custody (e.g. supervision or controls). Custody must consist of human activity.

A security contractor can be a natural person or a legal entity. In the case of partnerships (e.g. OHG, KG), the trader is any managing partner. In the case of legal entities (e.g. GmbH, AG), the permission of the legal entity is granted.

Process flow

You must apply for permission at the competent authority.

In the case of legal entities (LLC, corporate companies, AG, registered cooperatives), you only need to fill out the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to manage the company (e.g. identity card). For the legal entity, you also need an excerpt from the Central Trade Register.

Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for approval as such. Therefore, every managing partner needs permission. For each of these people, you will need to submit a completed application form and all personal documents.

Who should I contact?

Responsible: municipality/city or district office

Requirements

  • They have the reliability required for commercial operations.
  • They live in orderly financial circumstances.
  • They lead
    • Proof of your personal competence by means of a proficiency examination or an equivalent degree successfully passed before the Chamber of Industry and Commerce, and
    • proof of mandatory liability insurance.
  • The personal licensing requirements (reliability, proof of successful completion of a proficiency test) must be fulfilled by the tradesmen or by the legal representatives of a legal entity.

    Successful completion of a proficiency test is required for the following security activities:

  • patrols in public traffic areas or in areas with actual public transport;
  • protection against shoplifters;
  • guarding in the entrance area of hospitality discotheques;
  • guarding reception facilities in accordance with Section 44 of the Asylum Act, collective accommodation in accordance with Section 53 of the Asylum Act or other real estate and facilities that serve the official accommodation of asylum seekers or refugees, including temporary ones, in a managerial capacity;
  • Guarding of access-protected major events in a managerial capacity.

Which documents are required?

  • Copy of the identity card or other official identification document for all natural persons authorized to manage the company
  • Proof of personal reliability
    • If you are resident in Germany:
      • Excerpt from the Central Trade Register
      • Certificate of good conduct for all natural persons authorized to manage the company
    • If you live abroad: Documents from your home country that prove your personal reliability
  • Proof of entrepreneurial legal form
    • at the company's registered office in Germany:
      • in the case of companies entered in a register: excerpt from the commercial register or the partnership register
      • otherwise, a copy of the articles of association (e.g. in the case of a partnership under civil law (GbR))
    • in the case of the company's registered office abroad: documents from the country of domicile proving the legal form.
  • Proof of orderly financial circumstances
    • current certificate in tax matters from the competent tax office (to be submitted in the original); If applicable, certificate in tax matters from the municipal tax office
    • Extract from the list of debtors of the central enforcement court
    • Submission of asset information
    • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)
    • Proof of the funds required for the business operation or corresponding collateral
  • Proof of personal competence for all natural persons authorized to manage the company: Submission of proof of the required information, successful completion of the proficiency test or proof recognized as equivalent
  • Proof of the conclusion of the required liability insurance
  • In order to check the necessary requirements (in particular your personal reliability), the competent authority may request further documents and obtain statements from other authorities (e.g. police, State Criminal Police Office, Office for the Protection of the Constitution).

What are the fees?

In Lower Saxony, the fee can be up to €2,500 in accordance with § 1 para. 1 in conjunction with .dem cost tariff (annex to § 1 para. 1) ALLGO.

Appeal

If the addressee (usually the applicant) has legal doubts or concerns about the decision on the permit or details thereof, these can be reviewed by way of an action for an obligation or rescission at the competent administrative court, depending on the legal nature.

In Lower Saxony, § 80 of the Lower Saxony Justice Act does not provide for preliminary proceedings. Therefore, no objection is admissible, but rather an administrative court action must be brought directly.

Technically approved by

Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)