Procedure descriptions

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z

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.

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, credit,
  • for those persons who wish to work commercially as
    • property developers i.e. preparing or carrying out building projects as builders in their own name or on another's account and wish to use the assets of buyers, tenants, lessees or other persons entitled to use, or applicants for purchase rights or rights of use or
    • wish to work as construction supervisors, i.e. want to prepare economically or carry out building projects as construction supervisors on another's account and in another's name.

Responsible authority

  • if your premises are in a urban district (Stadtkreis): the city council
  • if your premises are in a rural district (Landkreis): the regional council office (Landratsamt)

Prerequisite

You can only receive the permit if you possess the necessary personal and economic reliability for the commercial operation.

Procedure

The application must be submitted to the competent body.

Required documents

  • completed application form
  • copy of the identity card or comparable identification papers
  • proof of orderly financial circumstances
    • In case of residency in Germany, usually:
      • Exceprt from the debtor’s files (Auszug aus der Schuldnerkartei
      • Certification of the insolvency court
      • Tax office certification in tax matters (Bescheinigung des Finanzamtes in Steuersachen)
    • In case of residency abroad: Documents from your home country which prove your regular financial circumstances.
  • for proof of legal form of the business:
    • In case of the business being located in Germany:
      • In case of a business entered in a register: an excerpt of the Commercial Register (Handelsregisterauszug) and and the partnership register
      • Otherwise, a copy of the articles of association (for example in case of a partnership under the German Civil Code - GbR)
    • In case of the business being located abroad: Documents from the relevant country which prove the legal form.
  • for proof of 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.

Deadlines/Duration

none

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).

Costs/Benefits

in accordance with the fees constitution of the municipality

Release note

The German original version of this text was drafted in close cooperation with the relevant departments. The Wirtschaftsministerium released it on 24.08.2016. 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.

Die hier dargestellten Informationen werden von service-bw übernommen und regelmäßig aktualisiert.