Activities of real estate agencies relating to residential real estate (68.31.1.00)
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The following formalities are performed by responsible authorities and can also be handled via the Point of Single Contact if necessary. Please specify the location via Change selection. If you choose "To the responsible Point of Single Contact for ..." (if available), the contact details of the responsible Point of Single Contact are displayed. The contact details of the competent authority/-ies are displayed after choosing the formality.
Formalities according to the Services Directive
For taking-up and pursuit of a service the follwoing specific service-related formalities (authorisations and notifications) must always be obeyed:
Real estate agents, loan brokers, property developers, construction supervisors and residential property managers; application for a permit by non-EU citizens
If you want to broker the conclusion of contracts for real estate, rights equivalent to real estate, commercial premises, residential premises (real estate agent) or loans on a commercial basis, or if you want to act as a property developer or building supervisor, or if you want to manage joint residential property or tenancies for third parties, you need a permit.
If you want to start a standing trade, you must report this. You must also report the start of operation of a branch office or a dependent branch office, as well as the relocation of the business.
Formalities relating to the place of business
In addition to the requirements related to a specific service there are authorisations and/or notification obligations in other legal areas regarding the place of business which CANNOT be processed through the Point of Single Contact.
Requirements particularly in the areas of construction law, public road legislation, imission control law, water and waste law, listed building regulations and forest law should be taken into account.
If you want to use county, municipal or local thoroughfares of county, state or federal roads ("Ortsdurchfahrtsstraßen") not only for traffic purposes, but also for your own interests or commercial activities, you need a special use permit for this.
The construction and operation as well as the substantial modification of certain industrial plants, which may cause harmful effects on the environment, require a permit under immission control law. The types of facilities concerned are listed exhaustively in the Ordinance on Facilities Requiring a Permit (4. BImSchV).
An official permit is required for any impact on a water body that is not only of completely minor importance.
In Bavaria, the counties and independent cities are generally responsible for waste disposal. They offer information on waste disposal for citizens and businesses.
Protection of historical monuments; application for permission to carry out measures on historical monuments and archaeological sites
If you want to carry out measures on architectural or ground monuments or in the vicinity of such monuments, you will in many cases require permits in accordance with the Monument Protection Act (DSchG).
The public supply of households with drinking water is carried out by the municipalities or special-purpose associations (water supply companies).
Wastewater disposal is the responsibility of the municipalities and cities or municipal wastewater associations.
Formalities relating to the employment of workers
If you would like to hire an employee you need to proceed with the following steps. These formalities CANNOT be processed through the Point of Single Contact.If the employment is terminated you also have to inform the authorities where the employee has been registered.
When hiring the first employee (450-euro employees, employees subject to social insurance contributions, trainees), you must apply for a company number from the company number service of the Federal Employment Agency. The company number is required, among other things, for the monthly settlements of social contributions.
If you are taking on employees for the first time, you must notify the statutory accident insurance institution responsible for your company within one week.
Employees who are compulsorily insured under the statutory social insurance scheme must be registered with the competent health insurance fund as the collecting agency.
The employer must withhold and pay the wage tax.
When posting employees to Germany, the Employee Posting Act must be observed. This law obliges both employers based in Germany and employers based abroad who employ workers in Germany to comply with statutory and, in certain sectors, collectively agreed working conditions. In addition, employers are subject to further obligations.
Employers are obliged to fill a certain number of jobs with severely disabled persons or persons of equal status. A compensatory levy must be paid for each unfilled mandatory position.
Tax related formalities
For taking-up and pursuit of a service please also consider the following tax related formalities which CANNOT be processed through the Point of Single Contact:
The commencement of a freelance activity must be reported directly to the competent tax office without any formalities. The responsible tax office is informed by the respective municipality about the registration of a business. In addition, you must provide the competent tax office with further information on the legal and factual circumstances relevant for taxation.
We would also like to inform you about the following personal formalities which CANNOT be processed through the Point of Single Contact:
When you move into an apartment, you must register with the relevant registration office (municipality or city) within two weeks.
Foreign nationals subject to visa requirements require a national visa for entry for longer stays (over 90 days) or stays leading to the taking up of gainful employment.
Characteristics and key concepts of the service
This service includes the brokering activities of real-estate agencies:
- Brokering of the purchase, sale, renting or leasing of residential real estate, residential buildings, and apartments
- Consulting and appraisal activities related to the purchase, sale, renting or leasing of residential real estate, residential buildings, and apartments
- Activities in a fiduciary capacity for residential real estate, residential buildings, and apartments
- Gebäudevermittlung und -bewertung von Wohngebäuden
- Grundstücksvermittlung und -bewertung, nicht gewerblich
- Häuservermittlung (Wohnhäuser)
- Immobilienmakler (Immobilienvermittlung in Wohnangelegenheiten)
- Immobilienvermittlung und -bewertung in Wohnangelegenheiten
- Unterkunftsvermittlung, nicht für das Beherbergungsgewerbe
- Vermittlung von Ferienhäusern, Ferienwohnungen
- Vermittlung von Ferienwohnrechten
- Vermittlung von Wohngrundstücken, Wohngebäuden und Wohnungen
- Vermittlung von Wohnimmobilien