Pursuant to Section 34c (1) Sentence 1 Nos. 1 - 4 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung), the following are subject to licensing:
- the brokerage of the conclusion of or proof of the opportunity to conclude contracts for real estate, rights equivalent to real estate, 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 its own name for its 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 use rights,
- the economic preparation and implementation of construction projects as a construction manager 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 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 surveys.
In addition to obtaining permission in accordance with Section 34c of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung), you must also report the trade to the relevant municipality in accordance with Section 14 of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung).