Pursuant to Section 34c (1) No. 3 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung), a license is required for anyone who commercially
- prepares or carries out construction projects as a builder in his own name for his own account or for the account of a third party and intends to use assets of purchasers, tenants, lessees or other beneficiaries or of applicants for acquisition or usage rights for this purpose, or
- wants to prepare or carry out building projects as a building supervisor in the name of a third party for the account of a third party.
In the case of partnerships, a trader is any managing partner; in the case of legal entities, the permit is granted to the legal entity.
When carrying out their trade, tradesmen are generally subject to special obligations in accordance with the Brokerage and Property Development Ordinance (MaBV). These include in particular the obligations
- to provide sufficient collateral or to take out insurance suitable for this purpose if the trader receives or uses assets of the principal (Section 2 MaBV),
- to manage the client's assets received separately (§ 6 MaBV),
- to render account to the principal after the execution of the contract (§ 8 MaBV),
- to notify the competent authority in the event of a change in the persons entrusted with the management of the business or a branch office (Section 9 MaBV),
- to provide the principal in text form with the information necessary for the assessment of the order and the contract to be brokered or verified ( § 11 MaBV),
- to keep books including the recording of data on individual business transactions as well as on the principals (§ 10 MaBV),
- obligation to provide further training (§ 15b MaBV).
In order to protect the principal, the trader's authority to accept and use the principal's assets was also restricted (§§ 3, 4 MaBV). In addition, the trader is obliged to have compliance with the requirements of the Brokerage and Property Development Ordinance audited annually at his own expense and to submit the audit report to the competent authority (Section 16 MaBV).
The authorities have information and inspection rights vis-à-vis traders pursuant to Section 34c of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) in accordance with Section 29 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung). At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.
In addition to obtaining the permit, you must also report the trade to the relevant municipality in accordance with Section 14 of the Trade, Commerce and Industry Regulation Act.