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Applying for a permit for the trade of broker, property developer, construction supervisor or loan broker
In order to carry out the following activities, you require a permit: work as a broker or the commercial preparation or carrying out of building projects in your own name or in another's name.
You require a different, separate licence in order to broker consumer loan contracts for real estate or other financial assistance.
A permit is necessary for
- the commercial brokerage of contracts concerning
- land and rights attached to land, the sale, charging, renting out or leasing of land, of owned property, as well as mortgage and land charge agreements,
- commercial premises, residential space,
- all conveyances of property including leases and subletting, i.e., also residential property and space brokerage,
- loans, financing except real estate for consumers, credit,
- The commercial provision of proof of the opportunity to conclude such contracts (working as a so-called proof broker)
- for those persons who wish to work commercially as
- Property developers, who prepare or carry out construction projects as builders in their own name on their own account of that of a third party and therefore wish to use assets of buyers, tenants, lessees or other persons with use entitlements or of applicants for rights of purchase or rights of use or who wish to financially prepare or carry out construction projects as a construction manager in their own name or on account of a third party
- who wish to financially prepare or carry out construction projects as a project manager in their own name or on account of a third party
As a broker, you and all of your employees who are involved in the brokerage activities must participate in continued professional development to an extent of 20 hours (actual hours) within 3 years. Providers of continued professional development courses must fulfil the applicable content related requirements (quality requirements).
Responsible department
The locally responsible chamber of industry and commerce as the licensing authority.
Details
Prerequisite
The prerequisites for obtaining the licence are as follows:
- Personal reliability
- Satisfactory asset position; you generally do not have a satisfactory asset position if insolvency proceedings have been opened against your assets or you are entered in the register of debtors.
Procedure
You can apply for the licence from the competent body in writing or in electronic form or via the standardised contact person via the network. A simple email does not suffice.
Note:
You must sign it by hand or attach an authenticated electronic signature.
You can also replace the signature by
- submitting the declaration in an electronic form, which is provided by the competent body in an entry device on site or via the Internet. When entering via the Internet, you must prove your identity with the electronic ID form of your personal identity document or of your residency title.
- Send a De-Mail to the competent body which is confirmed by the sender. Sender confirmed means that you De-Mail provider confirms in the De-Mail with authenticated electronic signature that the message content has been received from you in a precise manner and that you have logged in to your De-Mail account for the sending of this De-Mail with the electronic ID function of your personal ID document or by means of another secure channel with your username and password.
The licence is valid for an indefinite period of time, however it may come with conditions.
You must provide the required information and submit those documents which are necessary in order to assess your application.
Deadlines
none
Required documents
- completed application form
- copy of the identity card or comparable identification papersproof of orderly financial circumstances
- Current extract from the commercial register or register of co-operatives, should the company be entered in the register; otherwise, a copy of the articles of association (for example in case of a registered partnership - GbR).
- Should the company be headquartered abroad: Documents from the country in which the company is registered which prove the legal form
- Extract from the federal central register (certificate of good conduct) for submission to an authority for each person who is involved in the management of the company or a branch of the company (in case of legal persons: for all persons with power of representation under the law, constitution or articles of association)
- Extract from the central commercial register for each person who is involved in the management of the company or a branch of the company (in case of legal persons: for the company itself all persons with power of representation under the law, constitution or articles of association)
- Certification in tax matters by the responsible tax office
- Extract from the register of debtors of the central enforcement court
- Information provided by the insolvency court which states whether proceedings are pending
- Certificate of good conduct of the communal tax office
- If residing abroad: Documents from your home country that testify to your personal reliability
In order to check personal reliability, the competent body can request further documents.
In case of legal persons (GmbH, company, AG, registered co-operative), you must merely fill in the application form for the legal person itself. You must submit all personal documents for all natural persons who are authorised to run the business (for example personal papers). In addition, you also require an extract from the central business register for the legal person.
Business partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not capable of being issued a licence as such. Therefore, each managing partner requires a licence. You must submit a complete application and all personal documents for each of these persons.
Costs
The amount of the fee depends on the cost policy of the responsible chamber of industry and commerce.
Processing time
The responsible authority must take a decision concerning your application within a deadline of three months. The deadline starts to run at the time of submission of the complete documentation. Following the expiry of this deadline, the permit which has been applied for is deemed to have been issued, provided that the application has been submitted correctly.
This does not apply should you have applied for a permit for the brokerage of loans or for related activities as a proof broker.
Note: The responsible authority can reasonably extend the deadline once, should this be justified due to the complexity of the matter. The authority must explain such a deadline extension and notify you of this in a timely manner.
Miscellaneous
Also following the issuing of the permit, a wide range of obligations apply to brokers and property developers in accordance with the German Broker and Property Developer Ordinance (Makler- und Bauträgerverordnung), in particular the obligation to sit a yearly examination in accordance with § 16 MaBV (Makler- und Bauträgerverordnung - MaBV).
Release note
The German original version of this text was drafted in close cooperation with the relevant departments. The Wirtschaftsministerium released it on 12.06.2019. Only the German text is legally binding. The Federal State does not assume any liability for the translated texts.
In cases of doubt or if you have any questions or problems, please contact the relevant authorities directly.