Permission to broker real estate/loan agreements, preparation/implementation of construction projects/construction supervision or management of residential real estate

Prerequisites

• They have the reliability required for commercial operations. As a rule, you do not have this if you have been convicted of a crime or property offense (more specifically defined by law) within the last 5 years.
• You live in orderly financial circumstances: no insolvency proceedings have been opened against your assets or dismissed for lack of assets.
• If you want to work as a residential property manager, you need professional liability insurance of at least EUR 500,000 for each insured event and EUR 1,000,000 for all insured events in a year.

Documents required

• Copy of ID card or passport with registration certificate or presentation on site.
• Proof of orderly financial circumstances
  • usually if you live in Germany:
    • § Extract from the list of debtors
    • § Certificate of the bankruptcy court
    • § Certificate in tax matters (from the tax office)
  • If you live abroad: Documents from your home country that prove your orderly financial situation
• Proof of corporate legal form:
  • for company headquarters in Germany: for companies entered in a register: excerpt from the commercial register or the partnership register or the register of cooperatives
  • if the company is based abroad: documents from the country of domicile that prove the legal form
• Proof of personal reliability:
  • if you live in Germany:
    • § Certificate of good conduct for submission to an authority (document type 0)
    • § Excerpt from the central trade register for submission to an authority (document type 9)
  • if you live abroad: documents from your country of residence that prove your personal reliability
• If you would like to work as a residential property manager, you must submit proof of the legally required professional liability insurance.

• Submit personal documents for all natural persons authorized to manage the company (e.g. personal papers)
• Excerpt from the central trade register for submission to an authority.
• Certificate in tax matters from the tax office for the company and for all managing partners
• Partnerships such as a GbR, KG, OHG, PartG or GmbH & Co. KG are not permitted as such. Therefore, each managerial needs
• Shareholders and each managing partner have permission.
• Submit a completed application form and all personal documentation for each of these individuals.

Please note

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

In the case of legal persons or partnerships without their own legal personality, the documents for all persons authorized to represent by law, the articles of association or the articles of association must be submitted.

The permit does not apply to banking or financial services transactions. Permission under the German Banking Act (KWG) is required here.

A duplicate of the permit can be requested by sending an informal letter by fax, post or e-mail. The fee for a duplicate of the permit is 25 euros and will be charged in a fee notice.

Deadlines

The permit must be in place before the activity can be carried out.

Procedure

You can apply in person or in writing for a permit for the commercial brokerage of real estate (real estate agent) or loan agreements, the commercial preparation or implementation of construction projects (property developer or construction supervisor) or the commercial management of residential property.
The competent authority examines the documents attached to the application. If necessary, other authorities involved will be asked to comment.
The fee will be charged by notice of fee or on site by EC card.

Processing time

Processing usually takes 4 to 8 weeks

Fees

155 to 255 EUR, depending on the scope of the permit requested and the number of persons authorized to represent.


13 EUR for information from the Central Trade Register.


13 EUR for the certificate of good conduct.


The fees must be paid when the application is submitted.


Duplicate copy 25 EUR.

Legal remedies

contradiction

Legal basis

§ 34c trade regulations (GewO)

Broker and Property Developer Ordinance (MaBV)


Schedule of Fees for Business Administration