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Trade of real estate agents, loan brokers, property developers, construction supervisors, residential property managers Permit

Who commercially

  1. 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,
  2. 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,
  3. Building project
    1. prepare or carry out as a builder in his own name for his own account or for the account of others and use assets of purchasers, tenants, lessees or other beneficial owners or applicants for acquisition or usage rights,
    2. prepare or carry out economically as a construction supervisor in the name of a third party for the account of others,
  4. manage the joint ownership of apartment owners within the meaning of § 1 paragraph 2, 3, 5 and 6 of the Condominium Act or for third parties tenancies over 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?

Responsibility lies with the Chambers of Industry and Commerce in Lower Saxony.

This procedure can also be handled 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.

Find your Point of Single Contact here

Requirements

  • Personal and economic reliability of the applicant required for the business

Which documents are required?

The application for the permit should be submitted to the licensing authority using one of the recommended application templates (Appendices 1 to 3).

In the case of partnerships without their own legal personality, a licence is required for each member with management authority; 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 permission.

The applicant shall, at his own expense, provide or arrange for:

  • Extract from the commercial register or cooperative register, insofar as the company is entered in the register. If, for example.B it is a GmbH & Co. KG, a corresponding excerpt for the GmbH and the KG must be submitted.
  • Certificate of good conduct for submission to an authority in accordance with § 30 (5) of the Federal Central Register Act for yourself and, if applicable, for the persons commissioned with the management of the company or a branch. In the case of legal entities, these documents must be provided for all persons authorised to represent the company (e.B. managing directors, board members) in accordance with the law, articles of association or articles of association.
  • Excerpt from the Central Trade Register (§ 150 para. 5 GewO) for yourself and, if applicable, for the persons commissioned with the management of the company or a branch. In the case of legal entities, these documents must be provided for all persons authorised to represent the company (e.B. managing directors, board members) in accordance with the law, articles of association or articles of association. In addition, an excerpt from the Central Trade Register must be provided for the legal entity (e.B. AG, GmbH).
  • Extract from the register of debtors of the central enforcement court (§ 882b of the Code of Civil Procedure).
  • Information from the insolvency court as to whether proceedings have been initiated.
  • Certificate in tax matters issued by the tax office in whose district the applicant has had a place of residence or a commercial establishment in 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 with management authority.
  • 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 with management authority.
  • Proof of the existence of professional indemnity insurance in the case of applications for a permit for residential property managers in accordance with § 34c sec. 1 sentence 1 no. 4 GewO (insurance certificate according to the model of Annexes 4 or 5).

§ 26 paragraph 2 Insolvency Code (InsO)

§ 882 Code of Civil Procedure (ZPO)

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 statute of the body responsible in the respective application procedure. For further information, please contact them.

Annex 1 to § 1 paragraph 1 General Fee Schedule (AllGO)

What deadlines do I have to pay attention to?

For real estate agents, property developers and construction supervisors, a fiction of approval is created three months after submission of the complete application documents. This approval fiction 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 time in advance 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 obliged to continue their education for a period of 20 hours within a period of three calendar years; the same applies mutatis mutandis to persons directly involved in the activity subject to authorisation (§34c para. 2 sentence 1 GewO).

§ 16 Broker and Property Developer Ordinance (MaBV)

Technically approved by

Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation

competent Bodies

Landkreis Emsland - Fachbereich Sicherheit und Ordnung

Address: Ordeniederung 1 , 49716 Meppen

Postal address: Post Office Box 15 62

Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Building Access:
elevator available : yes
wheelchair-accessible : yes

Ansprechpartner

Point of contact:
Klemens van Olfen
Telephone: 05931 44-1468
Room:
F 468
responsible for:
Address: Neuer Graben 38 , 49074 Osnabrück

Telephone: 0541 353-0
Fax: 0541 353-122
Building Access:
elevator available : unknown
wheelchair-accessible : unknown
Postal address: Post Office Box 15 62

Address: Ordeniederung 1, 49716 Meppen

Transport Connection:
Building Access:
elevator available : yes
wheelchair-accessible : yes
Address: Am Schäferstieg 2 , 21680 Stade

Telephone: 04141 524-0
Fax: 04141 524-111
Building Access:
elevator available : unknown
wheelchair-accessible : unknown
Address: Am Sande 1 , 21335 Lüneburg

Telephone: 04131 742424
Fax: 04131 742180
Building Access:
elevator available : unknown
wheelchair-accessible : unknown
Address: Friedrichswall 1 , 30159 Hannover

Telephone: 0800 818-8100
Fax: 0511 120-5774
Building Access:
elevator available : unknown
wheelchair-accessible : unknown

Data protection information

Gemeinde Rhede (Ems) - Ordnungsamt/Gewerbe/Feuerwehrwesen

Postal address: Post Office Box 1134

Address: Gerhardyweg 1, 26899 Rhede (Ems)

Telephone: 04964 9182-19
Fax: 04964 9182-40
Transport Connection:
Parking:
Handicapped Parking Place: Number: 2, Fees: no
Parking Place: Number: 60, Fees: no
Building Access:
elevator available : yes
wheelchair-accessible : yes
bank account:
recipients: Gemeinde Rhede (Ems)
bank: Emsländische Volksbank
IBAN: DE08266614940000164300
recipients: Gemeinde Rhede (Ems)
bank: Sparkasse Emsland
IBAN: DE06266500010017000019
payment methods:
Sepa Credit Transfer, Bank Transfer, Cash Payment, Sepa Direct Debit, Paypal

Ansprechpartner

Point of contact:
Herr Holger Knak
Address: Gerhardyweg 1, 26899 Rhede (Ems)
Telephone: 04964 9182-19
Fax: 04964 9182-40
Department:
Ordnungsamt, Sozialamt, Bürgeramt, Standesamt, Gewerbeamt
Room:
19
responsible for:

Landkreis Emsland

Address: Ordeniederung 1 , 49716 Meppen

Postal address: Post Office Box 15 62

Telephone: 05931 44-0
Fax: 05931 44-3621
Transport Connection:
Building Access:
elevator available : yes
wheelchair-accessible : yes
bank account:
recipients: Landkreis Emsland
bank: Emsländische Volksbank
BIC: GENODEF1LIG
IBAN: DE26266600600120050000
recipients: Landkreis Emsland
bank: Sparkasse Emsland
BIC: NOLADE21EMS
IBAN: DE39266500010000001339
recipients: Landkreis Emsland
bank: Postbank Hannover
BIC: PBNKDEFF250
IBAN: DE36250100300012132306

Ansprechpartner

Point of contact:
Marc-André Burgdorf
responsible for:
Bernd Otten (Datenschutzbeauftragter)
Telephone: 05931 44-1605
Fax: 05931 44-391605
Room:
605
responsible for:

Landesbeauftragte für den Datenschutz Niedersachsen

Address: Prinzenstraße 5, 30159 Hannover

Telephone: +49 511 12045-00
Fax: +49 511 12045-99
Building Access:
elevator available : unknown
wheelchair-accessible : unknown

Source: Serviceportal Niedersachsen (Portalverbund des Bundes und der Länder)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.