Real estate agents, loan brokers, property developers, building supervisors and residential property managers; application for a permit by non-EU citizens

Non-EU citizens who wish to act as real estate agents, loan brokers, property developers, building supervisors and/or residential property managers require a business license(s).

Description

According to § 34c para. 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 or 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 the client in its own name for its 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 license is granted to the 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

In principle, a residence permit that allows the exercise of self-employed activity is required.

Permit requirements are reliability and orderly financial circumstances of the trader; for the permit as a residential property manager, proof of professional liability insurance is also required.

With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade Regulation Act). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.

The orderly financial circumstances are determined on the basis of a certificate of freedom from insolvency from the home country and, if applicable, on the basis of information on entries in the register to be kept by the insolvency court or the enforcement court (Section 26 (2) Insolvency Code, Section 915 Civil Procedure Code).

Processing time

Processing takes a few weeks after all documents have been submitted.

Required documents

  • Application for a residence permit permitting self-employment

  • valid identity card or passport

  • Proof of reliability

    Official certificate of good conduct or extract from the criminal record of the home country or an equivalent document and/or a certificate of good conduct for public authorities (Section 30 (5) of the Federal Central Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade, Commerce and Industry Regulation Act).

  • proof of financial order

    Certificate of freedom from insolvency from the home state and, if applicable, information from the insolvency court on freedom from insolvency, information from the debtors' register of the central enforcement courts (section 26 (2) Insolvency Code, sections 882 et seq. of the Code of Civil Procedure)

  • Documents for broker's permit (non-EU citizens)

    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

  • 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

Forms

Fees

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

Legal bases

Remedy

Administrative court proceedings; information

Administrative court action

Links to more information

Related issues

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
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