Real estate agent; application for a permit by EU citizens

If you want to broker the conclusion of contracts for land, land rights, commercial premises, residential premises (real estate agent) on a professional basis or provide evidence of the opportunity to conclude such contracts, you need a permit.

Description

Pursuant to Section 34c (1) Sentence 1 No. 1 of the Trade, Commerce and Industry Regulation Act (GewO), the brokerage of the conclusion of, and the provision of evidence of the opportunity to conclude, contracts relating to real property, rights equivalent to real property, commercial premises or residential premises is subject to licensing.

In the case of partnerships, the trader is any managing partner; in the case of legal entities, permission is granted to the legal entity.

When practicing their trade, tradesmen are subject to special obligations in accordance with the Brokerage and Property Development Ordinance. The obligations to be observed under the Brokerage and Property Development Ordinance (MaBV) include in particular

  • 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 use the principal's assets was also restricted (Section 4 MaBV). In addition, the trader may be required to have compliance with the requirements of the Brokerage and Property Development Ordinance audited at his own expense on special occasion and to submit the audit report to the competent authority to the extent necessary for effective monitoring (Section 16 (2) MaBV).

The authorities have information and inspection rights vis-à-vis traders pursuant to Section 34c GewO in accordance with Section 29 GewO. 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 surveys.

In addition to obtaining permission in accordance with § 34c GewO, you must report the trade to the relevant municipality in accordance with § 14 GewO.

Prerequisites

The requirements for a license are reliability and orderly financial circumstances of the trader.

The reliability and financial circumstances of the trader are verified on the basis of documents issued in the country of origin, which prove that the requirements for reliability and orderly financial circumstances are met. The documents may be required to be submitted as certified copies and certified German translations. If such documents are not issued in the country of origin, they may be replaced by an affirmation in lieu of oath by the trader or comparable acts under the law of the country of origin.

Processing time

Duration of the procedure: approx. 3 - 5 weeks

Required documents

  • valid identity card or passport
  • Proof of good repute from the country of origin

    In the case of applications for a proxy permit, a certified copy and a certified German translation; if necessary, substitution by an affirmation in lieu of an oath or similar act.

  • Evidence of a well-ordered financial situation from the country of origin

    in certified copy and certified German translation; if necessary, replacement by affirmation in lieu of an oath or similar acts

  • for registered companies, civil law companies and limited liability companies:

    • for registered companies: Commercial register excerpt or comparable registration documents from abroad (with German translation),
    • in the case of companies under civil law: articles of association,
    • in the case of a GmbH in the process of formation: a copy of the notarial formation agreement and a power of attorney from the founders, according to which the commencement of the trade is to be commenced prior to the entry in the commercial register.

  • in the case of a power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative

Online procedures

Fees

  • Fees for permission:

    • if the Chamber of Industry and Commerce for Munich and Upper Bavaria is responsible:
      in accordance with Section 3 (6) of the Chamber of Industry and Commerce Act in conjunction with Section 1 (1) of the Fee Schedule of the Chamber of Industry and Commerce for Munich and Upper Bavaria in conjunction with Item 2.1 Littera c of the Annex to the Fee Schedule
      • Regular procedure as real estate agent: 280 Euro
      • If a permit according to §§ 34c/d/f/h/i GewO is presented, which is not older than three months at the time of receipt of the application and was granted in the regular procedure or if an application for a permit according to §§ 34c/d/f/h/i GewO is submitted at the same time in the regular procedure, the fee for the second and each further permit is reduced by 68 Euro.
    • if the IHK Aschaffenburg is responsible:
      according to § 3 paragraph 6 of the IHK law in connection with § 1 paragraph 1 of the fee regulation of the IHK Aschaffenburg in connection with Item 2.4 Littera a of the Annex to the Schedule of Fees:
      • Real estate agent: 285 Euro

Remedy

Administrative court proceedings; information

administrative claim

Status: 17.11.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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