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IMPORTANT: Select a location.To obtain application forms, location-specific information and contacts, select a town or zip code.

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Which place to enter?

The location is used to determine the responsible office for the selected administrative service. In most cases you can enter your place of residence to find the competent authority. However, there are also cases in which a different location must be specified. Here are some examples:

Birth certificateYou want to get married and need a birth certificate. You live in Hanover, but you were born in Celle. You must therefore state your place of birth, i.e. Celle.

Business registrationYou would like to register a business in Braunschweig. Your place of residence is Hanover. You must therefore state the location of your future business, i.e. Braunschweig.

Apply for a building permitYou would like to build a house in Wunstorf and therefore apply for a building permit. Her place of residence is currently Hanover. You must indicate the place where the house is to be built. In this case it is Wunstorf.

Apply for a license as a real estate agent, loan broker, property developer, building supervisor or residential property manager

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Anyone who commercially

  1. arrange the conclusion of contracts for land, land rights, commercial premises or residential premises or provide evidence of the opportunity to conclude such contracts,
  2. broker the conclusion of loan agreements, with the exception of contracts within the meaning of Section 34i (1) sentence 1 of the German Trade Regulation Act (GewO), or provide evidence of the opportunity to conclude such contracts,
  3. building projects
    1. prepare or carry out building projects in their own name for their own account or for the account of third parties and use assets of purchasers, tenants, leaseholders or other beneficiaries or of applicants for acquisition or usage rights for this purpose,
    2. economically prepare or carry out construction projects as a construction supervisor in the name of a third party for the account of a third party,
  4. manage the joint property of condominium owners within the meaning of Section 1 (2), (3), (5) and (6) of the German Condominium Act or manage tenancies of residential premises for third parties within the meaning of Section 549 of the German Civil Code (residential property manager)

requires the permission of the competent authority.

Who should I contact?

Responsibility lies with the chambers of industry and commerce in Lower Saxony.

This procedure can also be handled by a "Single Point of Contact". The "Single Point of Contact" is a special service offered by the municipalities and the state for service providers.

Requirements

  • personal and financial reliability of the applicant required for the business operation

Which documents are required?

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

In the case of (commercial) partnerships without legal personality, a permit is required for each partner with management authority; this also applies to limited partners if they have management authority in exceptional cases and are therefore to be regarded as traders. Each managing partner must submit an application for a license.

The applicant must provide or arrange for the provision of the following at their own expense

  • Extract from the commercial register or register of cooperatives, if the company is entered in the register. If the company is a GmbH & Co. KG, for example, a corresponding excerpt must be submitted for the GmbH and the KG.
  • Certificate of good conduct for submission to an authority in accordance with § 30 Para. 5 of the Federal Central Register Act for yourself and, if applicable, for the persons responsible for managing the company or a branch office. In the case of legal entities, these documents must be provided for all persons authorized to represent the company in accordance with the law, articles of association or partnership agreement (e.g. managing directors, board members).
  • Extract from the central trade register (§ 150 Para. 5 GewO) for yourself and, if applicable, for the persons authorized to manage the business or a branch office. In the case of legal entities, these documents must be provided for all persons authorized to represent the company in accordance with the law, articles of association or partnership agreement (e.g. managing directors, board members). In addition, an extract from the central trade register must be provided for the legal entity (e.g. AG, GmbH).
  • Extract from the debtor register 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 in the last three years. In the case of legal entities, the certificate must be provided both for the legal entity and for all legal representatives; in the case of partnerships, for all partners authorized to manage the business.
  • Clearance certificate from the municipal tax office. In the case of legal entities, the certificate must be provided for the legal entity as well as for all legal representatives; in the case of partnerships, it must be provided for all partners authorized to manage the business.
  • Proof of the existence of professional liability insurance for applications for a license for residential property managers pursuant to Section 34c (1) sentence 1 no. 4 GewO (insurance certificate in accordance with the model in Annexes 4 or 5).

What are the fees?

Decisions in application procedures in accordance with §34c GewO are generally subject to a fee.

The amount of the costs is determined by the fee schedule of the office responsible for the respective application procedure. Please contact them for further information.

Process flow

It is recommended to submit the necessary application on a form.

What deadlines do I have to pay attention to?

For real estate agents, property developers and building supervisors, a fictitious approval arises three months after submission of the complete application documents. This fictitious approval only applies to real estate agents, building supervisors and property developers, § 6a GewO.

In any case, it is advisable to submit the application sufficiently in advance of the planned commencement of activities. The complete submission of the required documents facilitates a speedy processing of the procedure.

Processing duration

Processing Time: 3 Months
§ Section 6a of the Trade Regulation Act (GewO)

What else should I know?

Once the license has been granted, a number of obligations apply to real estate agents and property developers in accordance with the Real Estate Agent and Property Developer Ordinance, in particular the obligation to carry out an annual audit in accordance with Section 16 of the Real Estate Agent and Property Developer Ordinance (MaBV).

Real estate agents and residential property managers are obliged to undergo 20 hours of further training within a period of three calendar years; the same applies accordingly to persons directly involved in the activity requiring a license (Section 34c (2) sentence 1 GewO).

Legal basis

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

Further Links

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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.
Access information on the single point of contact for the state of Lower Saxonyvisit Website Internal Market, Industry, Entrepreneurship and SMEsVisit advice and assistance for EU citizens and their families