Property developers and construction supervisors; application for a permit by EU citizens

If you want to work commercially as a property developer or construction supervisor, you need a permit.

Description

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 in accordance with Section 29 of the Trade, Commerce and Industry Regulation Act. 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.

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.

Deadlines

Duration of the procedure approx. 3 - 5 weeks

Required documents

  • valid identity card or passport
  • Proof of good character from the country of origin in the form of a certified copy and a certified German translation;

    where appropriate, replacement by affirmation in lieu of oath or similar act

  • Proof of orderly financial circumstances from the country of origin in the form of a certified copy and a certified German translation;

    where appropriate, replacement by affirmation in lieu of oath or similar act

  • Documents for property developers and construction supervisors in the case of registered companies, civil law companies and limited liability companies

    in the case of registered companies, an excerpt from the commercial register or comparable registration documents from abroad (with German translation) in the case of civil law companies, articles of association in the case of a limited liability company being formed, a copy of the notarial deed of formation and a power of attorney from the founders, according to which the commencement of business is to be commenced before 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

  • Permission:

    If the IHK for Munich and Upper Bavaria has jurisdiction:

    according to § 3 paragraph 6 of the IHK law in connection with § 1 paragraph 1 of the fee regulation of the IHK for Munich and Upper Bavaria in connection with number 2.1 Littera c of the appendix to the fee regulation

    • only developer or building supervisor: 280 Euro
    • both developer and building supervisor: 492 Euro
    • In case of submission of a permit according to §§ 34c/d/f/h/i GewO, which is not older than three months at the time of receipt of the application and was granted in the regular procedure or in case of simultaneous application for granting a permit according to §§ 34c/d/f/h/i GewO 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 regulations of the IHK Aschaffenburg in connection with. Item 2.6 Littera a or 2.7 Littera a of the Annex to the Fee Schedule

    • Property developer: 285 Euro
    • Building supervisor: 285 Euro

Remedy

Administrative court proceedings; information

administrative claim

Status: 03.08.2022

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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