Landungsbrücken

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

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

Important notes

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.
For legal persons:
  • 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 & Fees

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 notes

Legal remedies

contradiction

Legal basis

§ 34c trade regulations (GewO)

Broker and Property Developer Ordinance (MaBV)


Schedule of Fees for Business Administration

Service description

You need permission if you want to offer the following commercially:

  • Brokerage of real estate (real estate agents),
  • Mediation of loan agreements (except real estate loans for consumers),
  • Management of residential real estate (residential real estate manager) or
  • Preparation or implementation of construction projects in one's own name or on behalf of others (property developers, construction supervisors
Depending on which permit you apply for, you are entitled to carry out the following activities, for example:
  • Brokerage of land and land rights, as well as brokerage of the sale, encumbrance, rental or leasing of land
  • 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 room leasing including lease and subletting, i.e. also apartment and room procurement.
  • Brokerage of loans (except consumer real estate financing)
  • Planning or implementation of construction projects using third-party assets, for example the assets of tenants, leaseholders, other beneficiaries or persons applying for acquisition or usage rights. It makes no difference whether you act in your own name (property developer) or whether you act for third parties (construction supervisor). The following activities come into consideration, for example: applying for a building permit, hiring architects and craftsmen, procuring and accessing financing, taking out insurance, and calculating future rents.
Management of rented apartments or the joint ownership of several people. You are an administrator, for example, if you
  • carry out the resolutions of the apartment owners and ensure that the house rules are enforced;
  • take the measures necessary for the proper maintenance and repair of the common property;
  • initiate and receive all payments and services related to the day-to-day management of the common property;
  • manage funds received.
You need a different, separate commercial license to broker real estate consumer loan agreements.

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