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Spaces in Basel
Legal insights
Do tenants have a general right to sublease?
Yes. Subleasing is allowed, in general.
Are there any restrictions on subleasing for 1-12 months?
No, there are no restrictions.
What kind of restrictions?
Subleasing is not possible without the landlord's consent.
Can a tenant extend the lease against the will of the landlord by using a legal instrument?
No, they cannot.
Can an extension be excluded by contract?
No, extensions can not be excluded by contract.
If not, why not?
Tenancy extension cannot be limited by contract, however commercial short-term leases might be excluded from this.
Is liability insurance required by law?
No, liability insurance is not required by law.
Is liability insurance normally required by landlords for short-term leases?
Yes, landlords normally require liability insurance.
Do I need a permit to operate a retail shop?
No, a permit is not required to operate a retail trading business. There may be permits required for construction and other work, though.
If yes, where can I get one, and what do I need to consider?
Normally, no special business permits are required as long as an individual has obtained the necessary work and residence permits. For certain shop categories, e.g. food, alcohol, tobacco, etc., special permit regulations nevertheless apply.
Registration of a business in the Commercial Register will automatically result in a general business licence (certificate) being issued. In some specific sectors including banking, insurance, transport, and employment services, a special licence is required.
What are the allowed opening hours?
Shops are allowed to be open from Monday to Friday between 6 a.m. and 8 p.m. and between 6 a.m. and 6 p.m. on Saturday. Few shops are also open on Sunday.
Can I offer merchandise on the sidewalk?
A permit for the use of public space is required.
Do I need a permit to open a restaurant?
Yes, a permit is required.