Real estate brokers, loan brokers, developers, construction 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, construction supervisors and residential property managers require a business license.

Description

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, the permit 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).

Prerequisites

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

The requirements for the permit 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, the applicant is generally required to submit an official certificate of good conduct or an extract from the criminal record of his or her 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 Regulation Act). If, on the basis of the foreigner's previous residence, it can be assumed that the above-mentioned certificates and evidence no longer contain, or do not yet contain, facts relevant to trade law, the presentation of the foreign or German certificates can be waived.

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

Processing time

Duration of the procedure: approx. 3 - 5 weeks

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

Online procedures

Fees

  • Fees for permission:

    • If the Chamber of Industry and Commerce for Munich and Upper Bavaria is responsible:
      in accordance with § 3 Paragraph 6 of the Chamber of Industry and Commerce Act in conjunction with § 1 Paragraph 1 of the Fee Regulations of the Chamber of Industry and Commerce for Munich and Upper Bavaria in conjunction with Item 2.1 Littera c of the Annex to the Fee Regulations
      • Standard procedure as real estate agent: 280 Euro
      • Standard procedure as a loan broker: 280 Euro
      • Standard procedure as property developer: 280 Euro
      • Standard procedure as building supervisor: 280 Euro
      • Standard procedure as residential property manager: 300 Euro
      • If a permit according to §§ 34c/d/f/h/i GewO is submitted, which is not older than three months at the time of application and was granted in the standard procedure, or if an application for a permit according to §§ 34c/d/f/h/i GewO is submitted at the same time in the standard procedure, the fee for the second and each additional 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 regulation of the IHK Aschaffenburg in connection with Item 2.4 Littera a resp. 2.5 Littera a resp. 2.6 Littera a resp. 2.7 Littera a resp. 2.8 Littera a of the Annex to the Fee Schedule
      • Real estate agent: 285 Euro
      • Loan broker: 285 Euro
      • Property developer: 285 Euro
      • Building supervisor: 285 Euro
      • Residential property manager: 250 Euro

    Certificate of good conduct and information from the commercial register: 13 Euro each

Remedy

Administrative court proceedings; information

administrative claim

Status: 17.11.2022

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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