Broker:in, apply for permission to practice
If you wish to act as a commercial real estate or loan broker, you will need a license to do so. You can find more information here.
What do I need to know?
Service description
You need a permit if you want to offer the following services commercially:
- Real estate brokerage
- The brokerage of loan agreements (except real estate loans for consumers)
- The management of residential real estate or common property of condominium owners
- The preparation or implementation of construction projects in your own name or on behalf of others.
In this sense, you must apply for a license if, for example, you wish to carry out one of the following activities:
- Brokerage of real estate and rights equivalent to real estate, brokerage of the sale, encumbrance, rental, or leasing of real estate, condominium ownership, and contracts for mortgages and land charges
- brokering commercial and residential premises, i.e., all types of space rentals including leases and sublets, including apartment and room brokerage (except for accommodation brokerage).
- Brokerage of loans (except real estate financing for consumers).
- Planning or implementation of construction projects using third-party assets (e.g., with assets belonging to tenants, leaseholders, or other beneficiaries, or applicants for acquisition or usage rights). In this context, it makes no difference whether you act on your own behalf vis-à-vis contractual partners (property developers) or whether you indicate that you are acting on behalf of a third party (construction supervisor). This may include submitting a building application, commissioning architects and tradesmen, as well as procuring and drawing down financing, taking out insurance, calculating future rents, etc.).
- Management of rented apartments or the common property of apartment owners within the meaning of the Condominium Act. You are an administrator, for example, if you
- implement decisions made by the condominium owners and ensure that the house rules are enforced;
- take the necessary measures for the proper maintenance and repair of the common property;
- arrange and receive all payments and services related to the ongoing management of the common property;
- manage collected funds.
No license is required for:
- Credit institutions that have been granted a license under the German Banking Act (KWG) and their branches, which constitute companies.
- Capital management companies that have been granted a license under the German Capital Investment Code (Kapitalanlagegesetzbuch).
- Traders who merely broker loans to finance the sale of goods or services they have provided or who demonstrate the opportunity to conclude such contracts.
- branches of companies based in another member state of the European Union that are permitted to broker loans between credit institutions in accordance with the German Banking Act (Kreditwesengesetz), provided that their activities are limited to brokering loans between credit institutions in accordance with the German Trade Regulation Act (Gewerbeordnung) and
- the conclusion of contracts for the part-time use of residential buildings within the meaning of the German Civil Code or the brokerage of such contracts.
To broker real estate consumer loan agreements, you need a separate license under the Trade Regulation Act. Real estate consumer loan agreements are loan agreements for consideration between an entrepreneur as the lender and a consumer as the borrower.
Prerequisites
- You possess the reliability required for commercial operations. As a rule, you do not possess this reliability if you have been convicted of an offense listed in Section 34c (2) No. 1 of the German Trade Regulation Act (GewO) within the last five years.
- You are in good financial standing: No insolvency proceedings have been opened against your assets or dismissed for lack of assets.
- If you wish to work as a residential property manager, you need professional liability insurance covering at least EUR 500,000 for each insured event and EUR 1,000,000 for all insured events in a year.
Procedure
Once you have submitted your application and all the necessary documents are complete, the relevant authority will check whether you meet all the requirements.
If you meet all the requirements, you will receive the permit.
You may only start the activity once you have received the permit.
At the same time as you start the activity, you must register the business with the authority responsible for business registrations in accordance with Section 14 of the Trade Regulation Act (GewO).
What else should I know?
Only applicable to real estate agents and property managers:
While performing your duties, you are required to complete 20 hours of continuing education within a period of three calendar years. The same applies accordingly to employees who are directly involved in activities requiring a license. If you have obtained a training qualification as a real estate agent or a further training qualification as a certified real estate specialist, the further training obligation only begins three years after obtaining the respective qualification. You must keep proof of further training for five years and present it to the competent authority upon request.
As a construction supervisor and property developer, you are required by the Real Estate Agent and Property Developer Ordinance to carry out an annual audit.
As a real estate agent, property developer, and construction supervisor, you have special accounting, recording, information, and reporting obligations.
Only for property managers:
You must maintain professional liability insurance of at least €500,000 for each insured event and €1,000,000 for all insured events in a year.
Legal basis
Deadlines
The permit must be granted before operations commence.
If you have applied for a permit to work as a real estate agent, property developer, construction supervisor, or residential property manager, the permit is deemed to have been granted if the authority has not decided on your application within three months of receiving the complete documents (Section 42 (2) sentence 2 of the Administrative Procedure Act) (Section 6a (1) of the Trade Regulation Act).
You must notify the authority responsible for business registrations of the start of your activity at the same time.
Responsible body
The local trade office is responsible for this.
What do I need to bring or submit?
- Copy of identity card or passport with registration certificate, or presentation on site.
Proof of orderly financial circumstances
-
For residents of Germany, this is usually:
- Extract from the debtor register
- Certificate from the insolvency court
- Certificate in tax matters (from the tax office)
- If you are resident abroad: Documents from your home country proving your orderly financial circumstances
Proof of legal form of the business:
-
if the company is based in Germany:
- For companies entered in a register: Extract from the commercial register or the partnership register or the cooperative register
- If the company is based abroad: Documents from the country of residence proving the legal form
Proof of personal reliability:
- For residents in Germany:
- Application for a certificate of good conduct for submission to an authority
- Application for an extract from the Central Trade Register for submission to an authority
- If you are resident abroad: Documents from your country of residence proving your personal reliability
The competent authority may request further documents to verify personal reliability.
For legal entities (e.g., GmbH, companies, AG, registered cooperatives), you must submit the personal documents for all natural persons authorized to manage the business (e.g., personal documents) or apply for them (e.g., extract from the Central Trade Register for submission to an authority in accordance with Section 150 (5) of the Trade Regulation Act). For legal entities, you also need an extract from the Central Trade Register for submission to an authority in accordance with Section 150 (5) of the Trade Regulation Act.
Partnerships (GbR, KG, OHG, PartG, GmbH & Co. KG) are not eligible for authorization as such. Therefore, each managing partner requires authorization. Submit a completed application form and all personal documents for each of these persons.
If you wish to work as a residential property manager, you must also provide proof of professional liability insurance coverage of at least EUR 500,000 for each insured event and EUR 1,000,000 for all insured events in a year.
Permit extension (an existing permit for a person/company is extended within the framework of §34c of the Trade Regulation Act):
If you extend the scope of your license in accordance with Section 34c GewO within three months of the license being issued, the simplified procedure applies and you no longer need to submit all the required documents.
Documents required for the extension application for residential property managers:
- Certificate of professional liability insurance additionally for the requested extended scope of the permit
If the license was issued more than 3 months ago, the following evidence and certificates must also be provided for the extension application:
- Excerpt from the Federal Central Register for submission to an authority (document type 0)
- Extract from the Central Trade Register for submission to an authority (document type 9)
- Certificate in tax matters
- Excerpt from the debtor register of the central enforcement portal (Section 882b ZPO)
- Confirmation from the insolvency court that the applicant is not subject to insolvency proceedings
- Current extract from the commercial register, if an entry exists
How much does it cost and how can I pay?
Fees
Depends on the respective administrative fee regulations of the state or on the fee statutes of the authorities responsible under state law.
Payment methods
- cash
- Bank transfer
- EC card
EC card payment preferred
Forms, information sheets, links
Formulare
- Permit according to § 34 c Trade Regulations, applicationPDF-File57,95 kB
- Residential property manager, license pursuant to Section 34 c (1) of the Trade, Commerce and Industry Regulation Act, legal entity, applicationPDF-File146,82 kB
- Residential property manager, license according to §34 c para. 1 Trade Regulations, natural person, applicationPDF-File144,47 kB
Merkblätter
Contact us
Address
Gaststätten und Gewerbeangelegenheiten
Stadthaus Kaiserstraße, Kreyßig-Flügel
Room208 und 209 a
Kaiserstraße 3
55116 Mainz
Postal address
55026 Mainz
Telephone, fax and e-mail address
- +49 6131 12 ext. 2435
- +49 6131 12 ext. 2943
- +49 6131 12 ext. 3010
- gewerbeerlaubnissestadt.mainzde
Your way to us
Contact persons
| Mr. Marcus BraunCommercial matters requiring a license | Letter range: A–K | +49 6131 12 ext. 2435 | |
| Mr. Jaouad El BakkalCommercial matters requiring a license | Letter range: L–Z | +49 6131 12 ext. 2943 |
Opening hours
Business registration office opening hours
- Monday and Tuesday from 9 a.m. to 12 p.m.
- Thursday from 1:30 p.m. to 4 p.m.
- Closed on Wednesdays and Fridays
Accessibility
Information on accessibility
- Barrier-free access is available
- The WC is barrier-free
Wheelchair-accessible WC available (5th floor Kreyßig wing, first floor Lauteren wing).