Advertising – Guidelines and legal regulations. Anyone who wishing to advertise on billboard should be aware of the legal provisions and guidelines to avoid fine payments and other anger.
At the outset, the annoying truth: legal regulations on the issue of advertising are generally a matter for the country. Depending on the state, different guidelines and regulations apply if you want to display your advertising outdoors. However, some provisions apply across countries and should always be observed. This includes not only obligations but also rights. Thus, for example, every entrepreneur is basically allowed to apply his products (as can be inferred from the principle of freedom of trade, §1, §1). Provisions restricting the operation of advertising generally have something to do with the construction and travel rights of the respective federal states. As in all areas of public and social life, it is with us also with the outdoor advertising: Approval only receives the one who adheres to the regulations.
As so-called “outdoor advertising”, as the legislature has said, “all fixed installations which serve the purpose of announcement or praise, or serve as a reference to trade or profession, and which are visible from the public transport space. These include, in particular, pictures, inscriptions, paintings, lighting applications, showcases, and pillars, panels and surfaces intended for the purpose of slips and arches or light advertising “(quotation according to the building regulations of Saxony-Anhalt). In other words, the exhibitors and beach flags in front of their own shop, as well as advertising or company billboard on house walls, are regarded as advertising facilities and are subject to approval. In any case, such and other advertising media may not be used
(For example, advertising placards, posters or giant poses obscure traffic signs, traffic lights, etc.)
The outlook on green areas
Which disturb the road, place or landscape by their presence
Are generally regarded as disturbing by their accumulated occurrence
Are located in public, prestigious or urban buildings (with the exception of simple company signs)
There are situated directly on or on trees, banks, embankments, masts and bridges. Approvals for the installation or installation of outdoor advertising are generally to be obtained from the responsible building supervisor. There you should, in any case, inquire also, if one is not clear about the legal aspects of his advertising project. The general rule:
For the setting up or application of advertising on private premises, a building permit is required for advertising installations. Anyone wishing to advertise on a public basis needs a corresponding special permit. The legislature granted building authorities for applications a maximum processing time of three months; This must often be exhausted to the full extent.
Another important aspect is the size or the nature of the locality or the environment in which public space is to be advertised. In the village and small residential areas, as well as in purely residential or weekend dwelling areas, advertising or advertising media may only be placed at the place of performance. This means that you are allowed to place signs, banners, flags, etc. just in front of your shop, branch or business premises. In purely residential areas, advertising may not go beyond signs. Exceptions are, in turn, separately approved placards or advertising columns, advertising materials at kiosks or newspaper stands as well as displays and decorations in windows or showcases.
Country-wide regulation for federal roadways
There is no legal clarity in the issue of external advertising only in the Federal Highway Act. There, under section 9, paragraph 6, is the section which regulates the placement of advertising on federal roads and motorways. If you would like to know exactly, you will find the corresponding legal text here: § 9 FSCFG Construction sites on federal roadways