Real estate brokers, loan brokers, property developers, construction managers and residential property managers; application for a licence
If you wish to broker the conclusion of contracts for land, rights equivalent to land, commercial premises, residential premises (estate agents) or loans on a commercial basis, act as a property developer or building supervisor or manage joint residential property or tenancies for third parties, you need a permit.
Pursuant to Section 34 c (1) sentence 1 nos. 1 - 4 of the Trade, Commerce and Industry Regulation Act, the following are subject to authorisation
- the brokerage of the conclusion of and evidence of the opportunity to conclude contracts on real property, rights equivalent to real property, residential premises, commercial premises
- brokering the conclusion of loan agreements or providing evidence of the opportunity to conclude such agreements,
- the preparation and execution of construction projects as a builder in his own name for his own account or for the account of third parties using assets of purchasers, tenants, lessees or other persons entitled to use the property or of applicants for acquisition or usage rights,
- the economic preparation and implementation of building projects as a building supervisor in the name of a third party for the account of a third party.
- the management of the common property of condominium owners within the meaning of Section 1 (2), (3), (5) and (6) of the German Condominium Act (Wohnungseigentumsgesetz) or the management of tenancies of residential premises within the meaning of Section 549 of the German Civil Code (Bürgerliches Gesetzbuch) for third parties.
In the case of partnerships (e.g. OHG, KG), the trader is any managing partner; in the case of legal entities, permission is granted to the GmbH or AG.
The authorities have information and inspection rights vis-à-vis traders under 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 authorised to enter the business premises in order to carry out inspections and visits.
- orderly financial circumstances
- for the permit as residential property manager additionally: proof of professional liability insurance
Duration of the procedure: approx. 3 - 5 weeks
Links to more information
Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
- Online transactions, Bavaria-wide
- Online transactions, locally limited
- Prefillable Form, Bavaria-wide
- Legal bases, Bavaria-wide
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- Fees, Bavaria-wide
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