Real Estate Agents, Loan Brokers, Property Developers, Construction Supervisors, Residential Property Managers Permit
Anyone who works commercially
- mediate the conclusion of contracts for land, rights equivalent to real estate, commercial premises or residential premises or prove the opportunity to conclude such contracts,
- broker the conclusion of loan agreements, with the exception of contracts within the meaning of Section 34i (1) sentence 1 of the Industrial Code (GewO), or provide evidence of the opportunity to conclude such agreements,
- Building project
- prepare or carry out as a builder in his own name for his own account or for the account of a third party and use assets of purchasers, tenants, lessees or other beneficial owners or applicants for acquisition or rights of use for this purpose,
- prepare or carry out economically as a construction supervisor in the name of a third party for the account of a third party,
- manage the joint property of condominium owners within the meaning of Section 1 (2), (3), (5) and (6) of the Condominium Act or tenancies for residential premises within the meaning of Section 549 of the Civil Code for third parties (residential property managers)
requires the permission of the competent authority.
It is recommended to submit the necessary application on a form.
Who should I contact?
The Chambers of Industry and Commerce in Lower Saxony are responsible for this.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.
- personal and economic reliability of the applicant required for the business
Which documents are required?
The application for a permit should be submitted to the licensing authority using one of the recommended application templates (Annexes 1 to 3).
In the case of partnerships without their own legal personality, a licence is required for each partner authorised to manage the company; this also applies to limited partners, provided that they exceptionally have management authority and are therefore to be regarded as traders. Each managing partner must submit an application for the granting of the permit.
The applicant shall, at his own expense, provide, or arrange for the following:
- Excerpt from the commercial register or cooperative register, if the company is registered in the register. If, for example, it is a GmbH & Co. KG, a corresponding excerpt must be submitted for the GmbH and the KG.
- Certificate of good conduct for submission to an authority in accordance with Section 30 (5) of the Federal Central Register Act for oneself and, if applicable, for the persons entrusted with the management of the business or a branch. In the case of legal entities, these documents must be provided to all persons authorised to represent the company in accordance with the law, articles of association or articles of association (e.g. managing directors, members of the board of directors).
- Excerpt from the Central Trade Register (§ 150 para. 5 GewO) for yourself and, if applicable, for the persons entrusted with the management of the business or a branch. In the case of legal entities, these documents must be provided to all persons authorised to represent the company in accordance with the law, articles of association or articles of association (e.g. managing directors, members of the board of directors). In addition, an excerpt from the Central Trade Register for the legal entity (e.g. AG, GmbH) must be provided.
- Excerpt from the list of debtors of the Central Enforcement Court (Section 882b of the Code of Civil Procedure).
- Information from the insolvency court as to whether proceedings have been opened.
- Certificate in tax matters from the tax office in whose district the applicant has had a place of residence or a commercial establishment for the last three years. In the case of legal entities, the certificate must be provided for both the legal person and all legal representatives, and in the case of partnerships, for all partners authorised to manage the company.
- Clearance certificate from the municipal tax office. In the case of legal entities, the certificate must be provided for both the legal person and all legal representatives, and in the case of partnerships, for all partners authorised to manage the company.
- Proof of the existence of professional indemnity insurance in the case of applications for the issuance of a licence for residential property managers in accordance with § 34c (1) sentence 1 no. 4 GewO (insurance certificate according to the model in Appendices 4 or 5).
What are the fees?
Decisions in application procedures according to §34c GewO are generally subject to a fee.
The amount of the costs is determined by the fee regulations of the authority responsible for the respective application procedure. For further information, please contact them.
What deadlines do I have to pay attention to?
For real estate agents, property developers and construction supervisors, a fiction of approval arises three months after submission of the complete application documents. This fiction of approval only applies to real estate agents, construction supervisors and property developers, § 6a GewO.
In any case, it is advisable to submit an application well in advance of the planned start of the activity. The complete attachment of the required documents facilitates a speedy completion of the procedure.
Processing Time: 3 Months§ 6a Industrial Code (GewO)
What else should I know?
Once the permit has been granted, brokers and property developers are subject to a number of obligations under the Broker and Property Developer Ordinance, in particular the obligation to carry out an annual audit in accordance with Section 16 of the Broker and Property Developer Ordinance (MaBV).
Real estate agents and residential property managers are required to complete 20 hours of training within a period of three calendar years; the same applies mutatis mutandis to employed persons directly involved in the activity requiring a permit (§34c para. 2 sentence 1 GewO).
Technically approved by
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation