Flagpoles for businesses in Germany: company flags, advertising and duties
Published Written by Flagpole Guides
This page is an English translation of the German original. Where the two versions differ, the German text is the original.
In front of car dealerships, hotels, trade fairs and company headquarters, flagpoles are a familiar sight. For businesses, poles are an advertising medium and a sign of hospitality, but they also bring duties: an advertising flag can be treated differently under building law from a national flag, certain state symbols are off limits, and the business is responsible for safety and occupational health.
Flagpole or advertising installation?
Masts for flags are exempt from the permit procedure under section 61 of the Model Building Code, on which the state building codes are based. If the pole carries a flag with a company logo or advertising message, however, it can be an advertising installation. Under section 10 MBO, advertising installations are fixed installations that serve to announce or promote, or to point to a trade or profession, and are visible from public traffic areas. The following applies to them:
| Rule | Provision in the MBO |
|---|---|
| Exempt up to 1 m² of visible area | Section 61(1) no. 12(a) |
| Exempt if only put up temporarily for at most two months (not in outlying areas) | Section 61(1) no. 12(c) |
| Exempt in commercial, industrial and comparable special areas at the place of business up to 10 m in height | Section 61(1) no. 12(e) |
| No disfigurement of the street, townscape or landscape, no traffic hazard, no disturbing accumulation | Section 10(2) |
| In principle not permitted outside built-up areas, with exceptions such as at the place of business | Section 10(3) |
If poles stand on public land or flags project into the street, a permit under road law may also be needed; under section 60 MBO, such permit procedures take precedence. The state building codes differ in detail. Information is available from the building control authority and, for public land, from the municipality’s roads authority.
The company flag next to state flags
There is no rule on the order for private businesses. For logo flags at federal buildings, Protokoll Inland describes an order that can serve as guidance: a logo flag is not raised between sovereign flags but last, at the right-hand end, for example European flag – guest country flag – federal flag – logo flag. The order of the sovereign flags among themselves is described in the guide to flag protocol, and notes on guests from abroad in the guide to foreign flags.
State symbols in corporate branding
- Federal flag: anyone may use the black-red-gold flag without a coat of arms, including a business.
- Federal service flag, federal coat of arms, federal eagle: their unauthorised use is an administrative offence under section 124 OWiG, as is that of state coats of arms and state service flags. This also applies to symbols that can be confused with them.
- Trade marks: under section 8(2) no. 6 MarkenG, trade marks containing state coats of arms, state flags or other state emblems are excluded from registration.
- European emblem: according to the conditions reproduced by Protokoll Inland, no permission is granted when the European emblem is combined for commercial purposes with a company or product mark or a company name.
Flags on flag days and in mourning
Businesses are not obliged to fly flags on flag days or to join official mourning. An internal flag policy can set out when the federal, state or European flag is flown, whether the company flag is taken down then and how flags in mourning are handled. The official dates are in the guide to flag days, and the procedure in mourning in the guide to half-mast.
Safety and occupational health
- Liability: under section 836 BGB, the possessor of the property is liable for damage caused by collapsing or detaching parts if it results from faulty construction or inadequate maintenance. Regular, documented inspections can show that the necessary care was taken.
- Occupational safety: for employees who raise flags or maintain poles, the Occupational Safety and Health Act and the Industrial Safety Regulation apply. DGUV Information 208-016 explains when ladders are permitted as a workplace at all and names poles as unsafe points to lean a ladder against.
- Lighting: under the flag decree, floodlit flags may stay up after sunset. There are no set times for businesses, but neighbour law and, in some states, nature conservation rules can play a role. More in the guide to flag lighting.
More about safety in the guide to flagpole safety.
Frequently asked questions
Does a business in Germany need a permit for flagpoles with a logo?
Masts for flags are exempt from the permit procedure under the Model Building Code. A flag with a company logo or advertising can, however, be an advertising installation. Under section 61 of the Model Building Code, advertising installations are only exempt up to 1 m² of visible area, and in commercial and industrial areas at the place of business up to 10 metres in height. The exact rule is in the building code of the particular state.
Where does the company flag hang next to the federal and European flags?
There is no rule for private businesses. For logo flags at federal buildings, Protokoll Inland describes that they are not raised between sovereign flags but last, at the right-hand end, for example European flag, guest country flag, federal flag, logo flag. Private businesses can follow this order too.
May a business use the federal service flag or the federal coat of arms?
Generally not. Unauthorised use of the federal service flag, the federal coat of arms and the federal eagle is an administrative offence under section 124 OWiG. The black-red-gold federal flag without a coat of arms, on the other hand, may be used by anyone. Trade marks containing state flags or other state emblems are also excluded from registration under section 8(2) no. 6 of the Trade Mark Act (MarkenG).
Who is responsible for the safety of a company flagpole in Germany?
Under section 836 of the Civil Code, the possessor of the property is liable for damage caused by collapsing or detaching parts if it results from faulty construction or inadequate maintenance. For employees who raise flags or maintain poles, the Occupational Safety and Health Act and the Industrial Safety Regulation also apply.
Sources
This guide is based on the following sources, most of them in German:
- Musterbauordnung (MBO), §§ 10, 60 und 61 – Bauministerkonferenz / DIBt
- Logo-Flaggen – Protokoll Inland der Bundesregierung
- § 124 OWiG – Benutzen von Wappen oder Dienstflaggen – Bundesministerium der Justiz
- § 8 MarkenG – Absolute Schutzhindernisse – Bundesministerium der Justiz
- Hinweise zur Beflaggung – Europaflagge – Protokoll Inland der Bundesregierung
- § 836 BGB – Haftung des Grundstücksbesitzers – Bundesministerium der Justiz
- DGUV Information 208-016: Die Verwendung von Leitern und Tritten – Deutsche Gesetzliche Unfallversicherung (DGUV)
Related guides
- Foreign flagsForeign flags in Germany: order under the flag decree, protection under section 104 StGB, embassies, the EU and UN flags and prohibited symbols.
- Flag lightingWhat the German flag decree means by a floodlit flag, how flags in mourning are handled at night and what neighbour law and nature conservation law say.
- Flag protocolThe order of the European, federal, state and municipal flags, the preferred position, flags indoors and ceremonial raising according to Protokoll Inland.
- Flagpole safetyFlagpole safety in Germany: stability under building codes, wind zones, liability under section 836 BGB, power lines and why ladders against poles are unsafe.