Real estate agents, loan brokers, property developers, building supervisors and residential property managers; application for a license

As a real estate agent, loan broker, property developer, construction supervisor and/or residential property manager, you need a business license(s).

Description

Pursuant to Section 34 c (1) sentence 1 no. 1 - 4 of the Trade, Commerce and Industry Regulation Act, the following are subject to authorization

  • the brokering of the conclusion and the provision of evidence of the opportunity to conclude contracts for land, land rights, 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 beneficiaries or of applicants for acquisition or usage rights,
  • the economic preparation and implementation of construction projects as a construction 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 or the management of tenancies of residential premises within the meaning of Section 549 of the German Civil Code for third parties.

In the case of partnerships (e.g. OHG, KG), the trader is any managing partner; in the case of legal entities, the permit is granted to the legal entity (e.g. GmbH or AG).

The authorities have rights of information and inspection vis-à-vis traders in accordance with Section 34c of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) and 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 a permit in accordance with Section 34c of the Trade, Commerce and Industry Regulation Act, you must notify the responsible municipality of your business in accordance with Section 14 of the Trade, Commerce and Industry Regulation Act when you commence your activities.

Prerequisites

  • reliability
  • Orderly financial circumstances
  • for a license as a residential property manager additionally: proof of professional liability insurance

For applications from non-EU citizens: A residence permit that allows the exercise of self-employed activity is generally required.

In the case of applications by EU citizens and non-EU citizens, additional proof from the country of origin (e.g. character references, extract from the criminal record, certificates of freedom from insolvency). A certified copy of the documents and a certified German translation may be required. If such documents are not issued in the country of origin, they can be replaced by an affidavit in lieu of an oath by the trader or comparable acts under the law of the country of origin.

If the activity is carried out across borders by EU/EEA citizens from a legal establishment in another EU/EEA country in Germany, no German license is required pursuant to Section 4 GewO in accordance with Section 34c GewO.

Processing time

Processing takes a few weeks once all the documents have been submitted.

Required documents

  • Certificate of good conduct for authorities
  • Extract from the Central Trade Register

    (to be applied for at the municipality of residence)

  • Information on entries in the debtors' register of the central enforcement courts

  • Information from the competent insolvency court(s)

  • Extract from the commercial or cooperative register (if applicable)

  • for the permit as residential property manager additionally: proof of professional liability insurance

  • 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

Fees

  • Fees will be charged. These are set out in the fee schedule of the locally responsible office.

Remedy

Administrative court proceedings; information

Administrative court action

Status:07.11.2023

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

Contains machine translated content. Show the original content

  • 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
Bild zur Leistungsbeschreibung

Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.