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Granting of a licence for the commercial activity as a real estate loan intermediary

You need a permit to work as a real estate loan broker if you are a professional

  • Real estate consumer loans within the meaning of § 491 paragraph 3 of the Civil Code or
  • want to mediate appropriate financial assistance against payment within the meaning of § 506 of the Civil Code.

Real estate consumer loans are loan agreements between an entrepreneur as a lender and a consumer as a borrower, which are secured either by a mortgage or a real burden or which are intended for the acquisition or maintenance of ownership of land or buildings.

You also need permission to work as a real estate loan agent if you

  • want to arrange financial aid for a fee, or

Wish to advise third parties on real estate consumer loan agreements or corresponding financial assistance for consideration.

Process flow

  1. Application for permission
    In order to work as a real estate loan agent, you must submit an application to the competent authority upon presentation of the necessary documents. Individuals (natural persons) apply for permission themselves or through authorized third parties. In the case of legal persons, the application is made by their legal representatives or by third parties authorised in writing.
  2. Notification of permission
    Permission will be granted to you in the form of a permit notice.
  3. Entry of permission
    After taking up the activity as a real estate loan agent, you must immediately submit an application for entry in the register in accordance with § 11a paragraph 1 of the Trade Code.

§ 11a paragraph 1 Of the Industrial Code (GewO)

Who should I contact?

The competent licensing authorities in Lower Saxony are the Chambers of Industry and Commerce in the respective chamber district.

Requirements

Permission to become a commercial real estate loan intermediary is granted to you if you:

  • are reliable,
  • live in orderly financial circumstances,
  • be able to prove professional indemnity insurance,
  • have successfully passed a proficiency examination at a chamber of industry and commerce or can prove this required competence by means of an equivalent professional qualification.

Which documents are required?

For the examination to grant permission to act as a real estate loan intermediary, you must submit the following documents:

  • a certificate of good conduct for submission to an authority
  • an excerpt from the Central Trade Register
  • if applicable, a certificate in tax matters of the tax office
  • if applicable, a clearance certificate from the municipal tax office
  • an extract from the debtor register of the central enforcement court
  • if applicable, information from the insolvency court on the absence of insolvency and the rejection of the opening of proceedings for lack of assets
  • Proof of professional indemnity insurance
  • proof of the required expertise
  • for legal entities and commercial partnerships: an extract from the commercial register
  • Information from the Federal Central Register for submission to an authority

What are the fees?

Fees are regularly expected for permission as a real estate loan broker. In Lower Saxony, the amount of the costs results from the fee statute of the respective Chamber of Industry and Commerce.

What deadlines do I have to pay attention to?

Deadlines for the applicant are not regulated. It is advisable to submit an application in good time with sufficient time in advance for the planned start of the activity (discuss in detail with the responsible IHK). For the rest, see the explanations on processing time.

Processing duration

A processing period is not regulated. If the application is complete and legible and all the documents mentioned are complete, a decision on the application will be made as soon as possible. If an application for permission that is capable of making a decision is not decided in a reasonable time without sufficient reason, the instrument of action for failure to act is usually available after three months.

Applications / forms

Written form is not specified.

Appeal

In Lower Saxony, a pre-litigation procedure is not provided for by § 80 Nds. Justice Act. Therefore, no opposition is admissible. Rather, an action must be brought directly by an administrative court.

What else should I know?

When registering, you must decide whether you want to be registered as a real estate loan agent or as a fee-based real estate loan consultant.

Author

The text was automatically translated based on the German content.

Technically approved by

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

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.