Giveaway shop and zoning plan: legal advice


Questioner

Can a free shop only be established in places where retail is permitted according to the zoning plan or also in a business park without a retail zoning? Strictly speaking, it may not be a shop because no payments take place, but there are certainly customers.

Lawyer

I suspect that a judge will classify a free shop as retail. If one looks at the zoning plan, the rules and the definitions, I cannot think of any other sector that fits best. Of course, the zoning plan of the industrial area can include exemptions, for that you also need to see the plan. What I can do for you specifically is to test the idea, the concept application for a free shop against the rules of the plan, the law and the case law so that I can then provide targeted and effective advice.

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