Real estate broker, loan broker, developer, construction manager, or residential property manager; applying for a permit

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

Description

If you are self-employed running a business as:

  • Real estate agent,
  • Loan broker,
  • property developer,
  • building supervisor and/or
  • residential property manager

you need a permit from the competent authority in your federal state.

The different activities are distinguished from each other as follows:

  • You are a real estate agent if you broker the conclusion of contracts for land, commercial premises or residential premises on a professional basis.
  • You are a loan broker if you broker the conclusion of contracts for loans on a professional basis. This does not include granting loans in your own name.
  • You are a property developer if you prepare or carry out construction projects as a builder in your own name and use assets of purchasers, tenants, leaseholders or other beneficiaries for this purpose.
  • You are a building supervisor if you prepare or carry out building projects in the name of a third party for the account of a third party.

Permission can be granted to a natural person or a company. You make this selection on the application form.

Your permit can also be restricted in terms of content and linked to conditions, if this is necessary in the opinion of the administration for the protection of the general public or the clients.

Before you start your activity, you must also register your trade.

Prerequisites

  • Personal reliability, i.e. you have not been convicted of a criminal offense in the last five years
  • Orderly financial circumstances, i.e. you are not in private insolvency or registered in the debtor's register.
  • Only additionally required if applying for a license as a residential property manager: Professional liability insurance for financial losses that may result from the commercial activity as a residential property manager.

Procedure

For the permit, you submit an application, which is reviewed by the competent authority.

  • You send the completed application form together with the evidence to your authority.
  • The authority checks whether you meet the requirements.
  • You will receive the permit for the requested activity by mail.

Deadlines

none

Processing time

The processing time is a few weeks for complete documents.

Required documents

  • The following documents are required:

    • Certificate of good conduct and information from the central business register
      (both for submission to an authority)
    • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate)
    • Extract from the debtors' register of the central enforcement court
    • For the licence as a residential property manager, additional proof of existing pecuniary damage liability insurance is required
    • If necessary, further documents

Fees

  • Costs are incurred. The exact amount can be found in the fee schedule of the competent authority.

Legal bases

Remedy

Opposition

Links to more information

Status:10.07.2023

Responsible for editing:Deutscher Industrie- und Handelskammertag e.V.

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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