Trade of real estate agents, loan brokers, property developers, construction supervisors, residential property managers Permit
Who is commercially employed
- mediate the conclusion of contracts for land, equivalent rights, commercial premises or residential premises or demonstrate the opportunity to conclude such contracts,
- mediate the conclusion of loan agreements, with the exception of contracts within the meaning of § 34i paragraph 1 sentence 1 of the Industrial Code (GewO), or prove the opportunity to conclude such contracts,
- 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, tenants or other beneficial owners or of applicants for acquisition or rights of use,
- 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 apartment owners within the meaning of § 1 paragraphs 2, 3, 5 and 6 of the Condominium Act or for third parties tenancies for residential premises within the meaning of § 549 of the Civil Code (residential property manager)
requires the permission of the competent authority.
Process flow
It is recommended to submit the necessary application on a form.
Who should I contact?
The responsibility lies with the Chambers of Industry and Commerce in Lower Saxony.
This procedure can also be carried out through a "Point of Single Contact". The "Point of Single Contact" is a special service offered by municipalities and the state for service providers.
Requirements
- Personal and economic reliability of the applicant required for the business operation
Which documents are required?
The application for permission should be submitted to the licensing authority using one of the recommended application templates (Annexes 1 to 3).
In the case of partnerships (commercial) companies without their own legal personality, a licence is required for each shareholder authorised to manage the company; this also applies to limited partners if, exceptionally, they 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, produce or arrange for the production of:
- Extract from the commercial register or cooperative register, if the company is entered in the register. If, for example, it is a GmbH & Co. KG, a corresponding extract must be submitted for the GmbH and the KG.
- Certificate of good conduct for submission to an authority pursuant to § 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 for all persons authorised to represent them under the law, articles of association or articles of association (e.g. managing directors, board members).
- Excerpt from the Central Trade Register (§ 150 Abs. 5 GewO) for themselves 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 for all persons authorised to represent them under the law, articles of association or articles of association (e.g. managing directors, board members). In addition, an excerpt from the Central Trade Register for the legal entity (e.g. AG, GmbH) must be provided.
- Extract from the register 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 issued by the tax office in whose district the applicant has had a residence or a commercial establishment for the last three years. In the case of legal persons, the certificate must be provided both for the legal person and for all legal representatives, 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 persons, the certificate must be provided both for the legal person and for all legal representatives, in the case of partnerships for all partners authorised to manage the company.
- Proof of the existence of professional indemnity insurance for applications for a licence for residential property managers pursuant to § 34c sec. 1 sentence 1 no. 4 GewO (insurance certificate according to the model of Annexes 4 and 5).
What are the fees?
Decisions in application procedures according to §34c GewO are generally subject to a fee.
The amount of the costs results from the fee regulations of the body responsible for the respective application procedure. For further information, please contact them.
Annex 1 to § 1 paragraph 1 of the General Rules of Fees (AllGO)
What deadlines do I have to pay attention to?
For real estate agents, property developers and construction supervisors, a fictitious approval arises three months after submission of the complete application documents. This fictitious approval only applies to real estate agents, construction supervisors and property developers, § 6a GewO.
In any case, it is advisable to submit an application with sufficient lead time for the planned start of the activity. The complete attachment of the necessary documents favours a speedy handling of the procedure.
Processing duration
Processing Time: 3 Months§ 6a Industrial Code (GewO)
What else should I know?
After 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 § 16 of the Broker and Property Developer Ordinance (MaBV).
Real estate agents and residential property managers are required to undergo further training of 20 hours within a period of three calendar years; the same applies mutatis mutandis to persons directly involved in the activity requiring authorisation (§34c para. 2 sentence 1 GewO).
Technically approved by
Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation
