Real estate agents, loan brokers, property developers, construction supervisors and property managers according to § 34c GewO - Permit Unfortunately this specification of service has not yet been completely translated.

Would you like to broker real estate or loan agreements on a commercial basis? For this you need an official permit. This also applies if you want to manage residential real estate commercially or prepare and carry out construction projects.

You need a permit if you want to offer the following on a commercial basis:

  • Brokerage of real estate (real estate agents),
  • brokerage of loan agreements (except real estate loans for consumers),
  • management of residential real estate (residential property manager) or
  • Preparation or implementation of construction projects in one's own or third-party name (property developer, construction supervisor)

Depending on which permit you apply for, you are entitled to perform the following activities, for example:

  • Mediation of real estate and rights equivalent to real estate, as well as mediation of the sale, encumbrance, rental or leasing of real estate
  • mediation of residential property as well as contracts for mortgages and land charges,
  • Mediation of commercial premises as well as residential premises, i.e. all types of space leasing including lease and sublease, i.e. also housing and accommodation services.
  • Brokerage of loans (except real estate financing for consumers)
  • Planning or implementation of construction projects using third-party assets, for example with assets of tenants, tenants, other beneficial owners or persons applying for rights of acquisition or use. It makes no difference whether you act in your own name (property developer), or whether you act for third parties (construction supervisors). For example, the following activities can be considered: submitting a building application, commissioning architects and craftsmen, procuring and retrieving financing, taking out insurance, calculating later rents.
  • Management of rented apartments or shared apartment ownership of several people. You are an administrator, for example, if you
    • carry out decisions of the apartment owners and ensure the enforcement of the house rules;
    • take the measures necessary for the proper maintenance and repair of the common property;
    • arrange and receive all payments and services related to the day-to-day management of the common property;
    • Manage funds raised.

For the mediation of real estate consumer loan agreements, you need a different, separate trade permit.

  • Copy of the identity card or passport with registration certificate or presentation on site.
  • Proof of orderly financial circumstances
    • if you reside in Germany, usually:
      • Extract from the debtor register
      • Certificate from the insolvency court
      • Certificate in tax matters (from the tax office)
    • in the case of residence abroad: documents from your home country proving your orderly financial circumstances
  • Proof of the entrepreneurial legal form:
    • in the case of a company registered office in Germany: in the case of companies registered in a register: extract from the commercial register or the partnership register or the cooperative register
    • in the case of the company's registered office abroad: documents from the country of residence proving the legal form
  • Proof of personal reliability:
    • if you are resident in Germany:
      • Certificate of good conduct for submission to an authority
      • Extract from the Central Trade Register for submission to an authority
    • in the case of residence abroad: documents from your country of residence proving your personal reliability

In order to verify personal reliability, the competent authority may request further documents.
In the case of legal entities such as a GmbH, you must submit or apply for the personal documents for all natural persons authorised to manage the business (e.g. personal documents) (for example, extract from the Central Trade Register for submission to an authority).
For the legal entity, you also need an extract from the Central Trade Register for submission to an authority.
Partnerships such as a GbR, KG, OHG, PartG or GmbH & Co. KG are not eligible for approval as such.
Therefore, every managing partner needs permission. For each of these people, submit a completed application form and all personal documents.
If you wish to work as a residential property manager, you must provide proof of taking out the professional indemnity insurance required by law.




Preconditions

  • They have the reliability required for business operations. As a rule, you do not have these if you have been convicted within the last 5 years for a crime or for a (legally specified) property crime.
  • You live in orderly financial circumstances: no insolvency proceedings have been opened against your assets or rejected for lack of assets.
  • If you want to work as a residential property manager, you need professional indemnity insurance of at least EUR 500,000 for each insured event and EUR 1,000,000 for all insurance claims of a year.

Hints

Real estate agents and residential property managers as well as their staff are obliged to undergo regular further training in accordance with their activities.

Related Links

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

Responsible for the content
Federal Ministry for Economic Affairs and Energy

Last update or date of publication
09.09.2021