Granting of a licence for the commercial activity as a real estate loan intermediary

You need a permit to work as a real estate loan broker if you are a professional

  • Real estate consumer loans within the meaning of § 491 paragraph 3 of the Civil Code or
  • want to mediate appropriate financial assistance against payment within the meaning of § 506 of the Civil Code.

Real estate consumer loans are loan agreements between an entrepreneur as a lender and a consumer as a borrower, which are secured either by a mortgage or a real burden or which are intended for the acquisition or maintenance of ownership of land or buildings.

You also need permission to work as a real estate loan agent if you

  • want to arrange financial aid for a fee, or

Wish to advise third parties on real estate consumer loan agreements or corresponding financial assistance for consideration.

For the examination to grant permission to act as a real estate loan intermediary, you must submit the following documents:

  • a certificate of good conduct for submission to an authority
  • an excerpt from the Central Trade Register
  • if applicable, a certificate in tax matters of the tax office
  • if applicable, a clearance certificate from the municipal tax office
  • an extract from the debtor register of the central enforcement court
  • if applicable, information from the insolvency court on the absence of insolvency and the rejection of the opening of proceedings for lack of assets
  • Proof of professional indemnity insurance
  • proof of the required expertise
  • for legal entities and commercial partnerships: an extract from the commercial register
  • Information from the Federal Central Register for submission to an authority

Written form is not specified.

Preconditions

Permission to become a commercial real estate loan intermediary is granted to you if you:

  • are reliable,
  • live in orderly financial circumstances,
  • be able to prove professional indemnity insurance,
  • have successfully passed a proficiency examination at a chamber of industry and commerce or can prove this required competence by means of an equivalent professional qualification.

Hints

When registering, you must decide whether you want to be registered as a real estate loan agent or as a fee-based real estate loan consultant.

Related Links

  • § 34i Industrial Code (GewO)
  • Real Estate Loan Brokerage Ordinance (ImmVermV)
  1. Application for permission
    In order to work as a real estate loan agent, you must submit an application to the competent authority upon presentation of the necessary documents. Individuals (natural persons) apply for permission themselves or through authorized third parties. In the case of legal persons, the application is made by their legal representatives or by third parties authorised in writing.
  2. Notification of permission
    Permission will be granted to you in the form of a permit notice.
  3. Entry of permission
    After taking up the activity as a real estate loan agent, you must immediately submit an application for entry in the register in accordance with § 11a paragraph 1 of the Trade Code.

Related Links

  • § 11a paragraph 1 Of the Industrial Code (GewO)

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation

Last update or date of publication
30.08.2021