Bundesportal | Real estate agents, loan brokers, property developers, building supervisors and residential property managers; application for a license

The following are subject to authorization

the brokering of the conclusion and the provision of evidence of the opportunity to conclude contracts for land, land rights, residential premises, commercial premises
the brokering of the conclusion of loan agreements (with the exception of real estate loan agreements within the meaning of Section 34i (1) sentence 1 of the German Commercial Code) or the provision of evidence of the opportunity to conclude such agreements,
the preparation and execution of construction projects as a builder in his own name for his own account or for the account of third parties using assets of purchasers, tenants, lessees or other beneficiaries or of applicants for acquisition or usage rights,
the economic preparation and execution of construction projects as a construction supervisor in the name of a third party for the account of a third party,
the management of the common property of condominium owners within the meaning of Section 1 (2), (3), (5) and (6) of the German Condominium Act (Wohnungseigentumsgesetz) or the management of tenancies of residential premises within the meaning of Section 549 of the German Civil Code (Bürgerliches Gesetzbuch) for third parties.

In the case of partnerships (e.g. OHG, KG), the trader is any managing partner; in the case of legal entities, the license is issued to the legal entity (e.g. GmbH or AG).

Traders are subject to special obligations in accordance with the Real Estate Agent and Property Developer Ordinance. The obligations to be observed under the Real Estate Agent and Property Developer Ordinance (MaBV) include in particular

to provide sufficient collateral or to take out suitable insurance for this purpose if the trader receives or uses the client's assets (Section 2 MaBV),
to manage the client's assets received separately (§ 6 MaBV),
to render accounts to the client after the execution of the contract (§ 8 MaBV),
to keep books in German, including the recording of data on individual business transactions and on the clients (§ 10 MaBV; the business documents must be kept on the business premises for 5 years, § 14 MaBV),
to provide the client in text form with the information necessary for the assessment of the order and the contract to be brokered or verified (§ 11 MaBV),
to undergo further training (§ 15b MaBV).

To protect the client, the trader's authority to use the client's assets has also been restricted (Section 4 MaBV). In addition, the trader may be obliged to have compliance with the provisions of the Real Estate Agent and Property Developer Ordinance audited at his own expense on special occasions and to submit the audit report to the competent authority if this is necessary for effective monitoring (Section 16 (2) MaBV).

The authorities have rights of information and inspection vis-à-vis traders. At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.

Valid identity card or passport
Certificate of good conduct for authorities
(to be applied for at the municipality of residence)
Extract from the central trade register
(to be applied for at the municipality of residence)
Information on entries in the debtor register on the insolvency exemption, information from the debtor register of the central enforcement courts (Section 26b (2) of the Insolvency Code, Sections 882b et seq. of the Code of Civil Procedure)
or proof of orderly financial circumstances from the country of origin in a certified copy and certified German translation
Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate) or extract from the debtor register of the central enforcement court
Extract from the commercial or cooperative register, if applicable
or comparable registration documents from abroad with German translation; if necessary, replacement by an affidavit in lieu of an oath or similar acts for business domiciles in EU/EEA countries
Documents for property developers and construction supervisors for registered companies, civil law companies and limited liability companies in formation:
- for registered companies (e.g. GmbH): extract from the commercial register or comparable registration documents from abroad (with German translation),
- for companies under civil law: articles of association,
- for a GmbH in formation: Copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence before entry in the commercial register.
for the permit as residential property manager additionally: proof of professional liability insurance
in the case of a power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative
for EU/non-EU citizens: proof of good repute from the country of origin in the form of a certified copy and certified German translation (if necessary, replacement by an affidavit in lieu of an oath or similar acts in the case of a business domicile in an EU/EEA country)
for EU citizens: Proof of orderly financial circumstances from the country of origin
in a certified copy and certified German translation; as well as information from the insolvency court on freedom from insolvency, if applicable, information from the debtor register of the central enforcement courts (Section 26 (2) Insolvency Code, Sections 882b et seq. of the German Code of Civil Procedure); if applicable, replacement by affirmation in lieu of an oath or comparable acts
for non-EU citizens: residence permit that allows self-employment
for non-EU citizens: Proof of orderly financial circumstances
Certificate of freedom from insolvency from the home country and, if applicable, information from the insolvency court on freedom from insolvency, information from the debtor register of the central enforcement courts (Section 26 (2) of the Insolvency Code, Sections 882 et seq. of the Code of Civil Procedure)
for non-EU citizens: documents for broker's license
in the case of registered companies, an extract from the commercial register or comparable registration documents from abroad (with German translation), in the case of companies under civil law, articles of association, in the case of a GmbH in formation, a copy of the notarized articles of incorporation and a power of attorney from the founders, according to which the commencement of business is to be commenced prior to entry in the commercial register

Preconditions

personal reliability, i.e. you have not been convicted of a criminal offense listed in § 34c Para. 2 No. 1 GewO in the last five years
Orderly financial circumstances, i.e. you are not in private insolvency or entered in the debtor register
only additionally required when applying for a license as a residential property manager: professional liability insurance for financial losses that may result from the commercial activity as a residential property manager
for EU citizens:
- The reliability and financial circumstances of the trader are generally checked on the basis of documents issued in the country of origin which prove that the requirements for reliability and orderly financial circumstances are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they can be replaced by an affirmation in lieu of an oath by the trader or comparable acts under the law of the country of origin.
- If the activity is carried out across borders in Germany from a legal establishment in another EU/EEA country, no German license pursuant to Section 34c GewO is required in accordance with Section 4 GewO, provided that the activity is only carried out temporarily and does not involve loan brokers within the meaning of Section 34c (1) sentence 1 no. 2 GewO.
for non-EU citizens:
- In principle, a residence permit that allows the exercise of self-employed activity is required.
- With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade Regulation Act). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.
- The orderly financial circumstances are determined on the basis of a certificate of freedom from insolvency from the home country and, if applicable, on the basis of information on entries in the register to be kept by the insolvency court or the enforcement court (Section 26 (2) of the German Insolvency Code, Section 882b et seq. of the German Code of Civil Procedure).

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In addition to obtaining a permit, you must also register the business with the relevant municipality when you take up your activity.

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