Application for a permit according to § 34c Gewerbeordnung (GewO) (Industrial Code)
Anyone wishing to act commercially as a real estate broker, loan broker, property developer, building supervisor and residential property manager requires a permit under trade law to carry out this activity.
A permit is required
for the commercial brokerage of contracts concerning
- real estate and rights equivalent to real estate, the sale, encumbrance, renting or leasing of real estate, of residential property and of contracts concerning mortgages and land charges
- commercial premises, residential premises
- all types of space transfers, including leasing and subleasing, i.e. also apartment and room brokeringloans
Note: For the mediation of or advice on real estate consumer loan agreements, however, a permit under § 34 i GewO required
for those who wish to act commercially in construction projects:
- Property developers who prepare or carry out construction projects in their own name for their own account or for the account of third parties and use assets of purchasers, tenants, lessees or other beneficiaries or of applicants for acquisition or usage rights for this purpose.
- construction managers who prepare or carry out construction projects in their own name for the account of third parties
- for those who commercially manage common property of condominium owners within the meaning of Section 1 (2), (3), (5) and (6) of the German Condominium Act (Wohnungseigentumsgesetz - WEG) or manage tenancies of residential property for third parties within the meaning of Section 549 of the German Civil Code (Bürgerliches Gesetzbuch - BGB).
Permission may be granted to both natural persons and legal entities. In the case of partnerships that are not themselves eligible for permission (GbR, KG, OHG), each managing partner requires permission.
If it is necessary for the protection of the general public or clients, the permit can be limited in content and linked to conditions. It is also possible to add, change or supplement conditions at a later date.
Exceptions to the permit requirement
Permission is not required, for example, for
- Credit institutions for which a license has been granted pursuant to Section 32 (1) of the German Banking Act (KWG), and for branches of companies within the meaning of Section 53b (1) sentence 1 KWG
- Capital management companies for which a license has been granted pursuant to Section 20 (1) of the German Investment Code (Kapitalanlagegesetzbuch - KAGB)
- traders who, solely for the purpose of financing the sales of goods or the provision of services concluded by them, arrange the conclusion of contracts for loans or provide evidence of the opportunity to conclude such contracts
- branches of companies with their registered office in another member state of the European Union that are permitted to broker loans between credit institutions pursuant to Section 53b (7) of the German Banking Act (Kreditwesengesetz - KWG), insofar as their activities pursuant to paragraph 1 are limited to brokering loans between credit institutions
- contracts, insofar as part-time use of residential buildings within the meaning of Section 481 of the German Civil Code (BGB) is proven or brokered in accordance with Section 34c Paragraph 1 Sentence 1 No. 1 of the German Trade Regulation Act (GewO).
If, as a trader, you temporarily provide services on a self-employed basis across borders, i.e. from a branch in another EU member state or another contracting state of the European Economic Area (EEA), you do not require notification, permission, approval or similar.
Single Point of Contact
For this procedure, you can use the service of the Single Point of Contact (Einheitlicher Ansprechpartner). They will guide you through the administrative procedure, take care of correspondence with all the offices responsible for your request and will be available to you as a competent advisor.
The activities of a loan broker are exempt from the Services Directive. Therefore, you cannot apply for the corresponding permit through the Single Point of Contact.
Trade authority of the district or district-free city (in Dresden, Leipzig and Chemnitz).
- Warum soll ich einen Ort angeben?
- Mit Hilfe der Ortsangabe können wir die für Sie passenden Informationen, Formulare, Dienste und Ihre zuständige Stelle anzeigen.
- Welchen Ort soll ich angeben?
- Zum Beispiel Ihren Wohnort, wenn Sie einen Reisepass beantragen wollen oder den Unternehmensstandort, wenn Sie ein Gewerbe anmelden möchten.
- Einheitlichen Ansprechpartner beauftragen
Formular: –> Einheitlicher Ansprechpartner, Beauftragung – Antrag
- Verordnung über die Pflichten der Makler, Darlehensvermittler, Bauträger und Baubetreuer (MaBV)
Bundesministerium der Justiz und für Verbraucherschutz
- have the necessary reliability for the business operation.
- As a rule, anyone who has been convicted of a crime, theft, embezzlement, extortion, fraud, embezzlement, money laundering, forgery, receiving stolen goods, usury or an insolvency offense and has been sentenced to a custodial sentence within the last five years prior to filing the application does not have this reliability.
- live in orderly financial circumstances.
- This is generally not the case if insolvency proceedings have been opened against your assets or you are entered in the register to be kept by the insolvency court or the enforcement court.
- provide proof of professional liability insurance if you are applying for permission to act as a residential property manager.
Submit the application in person, in writing or electronically.
- You can obtain the form "Antrag auf Erteilung einer Erlaubnis nach § 34c Gewerbeordnung (GewO)" from the relevant office. Depending on what the authority offers, the form can also be downloaded from Amt24 ("Forms & Online Services").
- The competent authority will check the documents attached to the application. If necessary, other authorities involved will be asked to comment.
- If the result is positive, you will be granted the "Permit according to § 34c GewO". You will also receive a notice of fees.
Note: You may be required to pay an advance on costs during the procedure. You will receive a separate notification of costs.
- Identity card / passport
- Certificate in tax matters from the tax office and the municipal tax office
- Extract from the debtors' register of the local court responsible for the place of residence
- Certificate of the insolvency court
- Certificate of good conduct of document type O
- Extract from the Central Business Register
- Proof of the conclusion of a liability insurance (for residential property managers)
Please note: In the case of legal entities, the above documents must be provided for all natural persons authorized to manage the company as well as for the legal entity itself (with the exception of the certificate of good conduct and personal papers). In addition, a copy of the extract from the commercial register and a copy of the articles of association are required.
Even after permission has been granted, a number of obligations apply to the trades of real estate brokers, loan brokers, property developers, construction supervisors and residential property managers in accordance with the Ordinance on the Duties of Real Estate Brokers, Loan Brokers, Property Developers, Construction Supervisors and Residential Property Managers (MaBV).
In particular, real estate agents and residential property managers are required to undergo 20 hours of continuing education within a period of three years. The same applies accordingly to employees directly involved in activities requiring a license.
- § 34c Gewerbeordnung (GeWO) – Immobilienmakler, Darlehensvermittler, Bauträger, Baubetreuer und Wohnimmobilenverwalter
- Verordnung über die Pflichten der Immobilienmakler, Darlehensvermittler, Bauträger, Baubetreuer und Wohnimmobilienverwalter (MaBV)
- Sächsisches Kostenverzeichnis – SächsKVZ – Nr. 46 Gewerberecht
Saxon State Ministry for Economy, Labor and Transport. 22.03.2017