Trade of real estate agents, loan brokers, property developers, construction supervisors, residential property managers Permit

Who commercially

  1. mediate the conclusion of contracts for land, rights equivalent to real estate, commercial premises or residential premises or prove the opportunity to conclude such contracts,
  2. mediate the conclusion of loan agreements, with the exception of contracts within the meaning of § 34i paragraph 1 sentence 1 of the Industrial Code (GewO), or prove the opportunity to conclude such contracts,
  3. Building project
    1. prepare or carry out as a builder in his own name for his own account or for the account of others and use assets of purchasers, tenants, lessees or other beneficial owners or applicants for acquisition or usage rights,
    2. prepare or carry out economically as a construction supervisor in the name of a third party for the account of others,
  4. manage the joint ownership of apartment owners within the meaning of § 1 paragraph 2, 3, 5 and 6 of the Condominium Act or for third parties tenancies over residential premises within the meaning of § 549 of the Civil Code (residential property manager)

, requires the permission of the competent authority.

The application for the permit should be submitted to the licensing authority using one of the recommended application templates (Appendices 1 to 3).

In the case of partnerships without their own legal personality, a licence is required for each member with management authority; this also applies to limited partners, provided that they exceptionally have management authority and are therefore to be regarded as traders. Each managing partner must submit an application for permission.

The applicant shall, at his own expense, provide or arrange for:

  • Extract from the commercial register or cooperative register, insofar as the company is entered in the register. If, for example.B it is a GmbH & Co. KG, a corresponding excerpt for the GmbH and the KG must be submitted.
  • Certificate of good conduct for submission to an authority in accordance with § 30 (5) of the Federal Central Register Act for yourself and, if applicable, for the persons commissioned with the management of the company or a branch. In the case of legal entities, these documents must be provided for all persons authorised to represent the company (e.B. managing directors, board members) in accordance with the law, articles of association or articles of association.
  • Excerpt from the Central Trade Register (§ 150 para. 5 GewO) for yourself and, if applicable, for the persons commissioned with the management of the company or a branch. In the case of legal entities, these documents must be provided for all persons authorised to represent the company (e.B. managing directors, board members) in accordance with the law, articles of association or articles of association. In addition, an excerpt from the Central Trade Register must be provided for the legal entity (e.B. AG, GmbH).
  • Extract from the register of debtors of the central enforcement court (§ 882b of the Code of Civil Procedure).
  • Information from the insolvency court as to whether proceedings have been initiated.
  • Certificate in tax matters issued by the tax office in whose district the applicant has had a place of residence or a commercial establishment in the last three years. In the case of legal persons, the certificate must be provided both for the legal person and for all legal representatives, in the case of partnerships for all partners with management authority.
  • Clearance certificate from the municipal tax office. In the case of legal persons, the certificate must be provided both for the legal person and for all legal representatives, in the case of partnerships for all partners with management authority.
  • Proof of the existence of professional indemnity insurance in the case of applications for a permit for residential property managers in accordance with § 34c sec. 1 sentence 1 no. 4 GewO (insurance certificate according to the model of Annexes 4 or 5).

Related Links

  • § 26 paragraph 2 Insolvency Code (InsO)
  • § 882 Code of Civil Procedure (ZPO)

Preconditions

  • Personal and economic reliability of the applicant required for the business

Hints

After the permit has been granted, brokers and property developers are subject to a number of obligations under the Broker and Property Developer Ordinance, in particular the obligation to carry out an annual audit in accordance with § 16 of the Broker and Property Developer Ordinance (MaBV).

Real estate agents and residential property managers are obliged to continue their education for a period of 20 hours within a period of three calendar years; the same applies mutatis mutandis to persons directly involved in the activity subject to authorisation (§34c para. 2 sentence 1 GewO).

  • § 16 Broker and Property Developer Ordinance (MaBV)

Related Links

  • § 34c Gewerbeordnung (GewO)
  • Broker and Property Developer Ordinance (MaBV)

It is recommended to submit the necessary application on a form.

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

Last update or date of publication
18.12.2019