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Allow brokerage activities

Service Description

You are a real estate agent if you professionally broker the conclusion of contracts for land, leasehold rights, commercial premises or residential premises or provide evidence of the opportunity to conclude such contracts.

You are a loan broker if you professionally broker the conclusion of contracts for loans or provide evidence of the opportunity to conclude such contracts. This does not include granting loans in your own name. For the brokerage of real estate consumer loan agreements
you require a license as a real estate loan broker.

You are a property developer if you prepare or carry out construction projects in your own name and use the assets of purchasers, tenants, leaseholders or other beneficiaries for this purpose.

You are a construction supervisor if you prepare or carry out construction projects in the name of a third party for the account of a third party.

You are a residential property manager if you manage the joint property of apartment owners or manage tenancies of residential premises for third parties.

The license can be granted to a natural person or a legal entity. Partnership (commercial) companies, such as the civil law partnership (GbR), the general partnership (OHG) or the limited partnership (KG) cannot obtain the permit. In these cases, each managing partner must apply for their own permit. Your permit can also be restricted in terms of content and subject to conditions if this is necessary to protect the general public or clients.

Process flow

To obtain a license as a real estate agent, loan broker, property developer, building supervisor and/or residential property manager, you must submit a corresponding application together with the necessary documents to your competent authority.

The competent authority will check whether you meet the requirements based on the information you provide and the documents you submit.

If all requirements are met, you will receive the license.

Who should I contact?

Please contact the trade offices of the districts and larger cities.

Requirements

  • You have the necessary reliability for the business operation. As a rule, you do not have this if you have been convicted by a final court decision within the last 5 years of a crime or a property crime (defined in more detail by law).
  • Your financial circumstances are in order: No insolvency proceedings have been opened against your assets or have been dismissed for lack of assets.
  • If you wish to work as a residential property manager, you need professional liability insurance for at least EUR 500,000 for each insured event and EUR 1,000,000 for all insured events in a year.

Which documents are required?

  • Copy of identity card or passport with certificate of registration or presentation on site.
  • Proof of orderly financial circumstances
    • if resident in Germany, usually:
      • Extract from the debtors' register
      • Certificate of the insolvency court
      • Certificate in tax matters (from the tax office)
    • if you are resident abroad: documents from your home country proving that your financial circumstances are in order
  • Proof of the legal form of the company:
    • if the company is based in Germany: for companies entered in a register: Excerpt from the commercial register, the partnership register or the register of cooperatives.
    • if the company is located abroad: documents from the country of domicile proving the legal form of the company
  • Proof of personal reliability:
    • if resident in Germany:
      • Certificate of good conduct for submission to a public authority
      • extract from the commercial register for submission to an authority
    • if you are domiciled abroad: documents from your country of domicile proving your personal reliability

The competent authority may request further documents to verify your personal reliability.
For legal entities such as a limited liability company, you must submit or apply for the personal documents for all natural persons authorized to manage the company (for example, personal papers) (for example, an extract from the central commercial register for submission to a public authority).
For legal entities, you also need an extract from the central business register for submission to an authority.
Partnerships such as a GbR, KG, OHG, PartG or GmbH & Co. KG are not eligible for a license as such.
Therefore, each managing partner requires the permit. Submit a completed application form and all personal documents for each of these persons.
If you wish to act as a residential property manager, you must submit proof of taking out the professional liability insurance required by law.

What are the fees?

Fees apply. The exact amount can be found in the fee schedule of the local licensing authority.

What deadlines do I have to pay attention to?

You must have the permit before the start of operation. Therefore, make the application in time, i.e. a few weeks before the intended start of operation.

For the activity as

  • Real estate agent or broker,
  • property developer
  • construction supervisor
  • residential property manager

the permit is deemed to have been granted if the authority has not taken a decision on your application within a period of 3 months after receipt of the complete documents.
You must notify the authority responsible for trade notifications of the start of the activity at the same time.

Processing duration

3 months

Legal basis

Applications / forms

You can appeal against the decision on your application for a permit.

Which legal remedies can be lodged (objection or appeal to the administrative court) varies depending on the federal state.

Detailed information on admissible legal remedies can be found in the information on legal remedies in the decision on your permit application.

Appeal

  • Form: Application form of the competent licensing authority for natural or legal persons
  • Written form required: no
  • Personal appearance required: no

What else should I know?

Real estate agents and residential property managers, as well as their staff, are obliged to undergo regular further training in accordance with their activities.

Author

The text was automatically translated based on the German content.

Professionally released on

11.01.2024

Source: Zuständigkeitsfinder Thüringen (Linie6Plus)

Start your request directly online:

Competent Authority

Ordnungs- und Gewerbeamt

Address
Ritterstraße 14
99310 Arnstadt, Stadt
Telephone
03628 738-551
Telephone
03628 738-550
Fax
03628 738-579
E-Mail
Contact us

Employees

Frau J. Schmidt
Address
Amtssitz: Dr.-Bonnet-Weg 1
99310 Arnstadt, Stadt
Telephone
03628 738-557
E-Mail
Contact us
Position
Sachbearbeiterin Makler / Versicherungen / Schornsteinfeger
Room
2.11
Responsible for

Forms

In order to display interactive Java, the Java RE is required, for PDF the Acrobat Reader.
Guarantee in accordance with Section 2 of the Ordinance on the Duties of Brokers, Loan and Investment Brokers, Property Developers and Construction Supervisors (Broker and Property Developer Ordinance - MaBV)
Negative declaration in accordance with Section 16 (1) sentence 2 of the Real Estate Agent and Property Developer Ordinance (MaBV)
General terms and conditions of fidelity insurance (personal guarantee insurance) for tradesmen ABV (PkautV/Gew)
Guarantee in accordance with Section 7 of the Ordinance on the Duties of Brokers, Loan and Investment Brokers, Property Developers and Construction Supervisors (Broker and Property Developer Ordinance - MaBV)
Framework contract conditions for fidelity insurance (personal guarantee insurance) for tradespeople (PkautV/Gew)
Separate asset management in accordance with Section 6 of the Ordinance on the Duties of Brokers, Loan and Investment Brokers, Property Developers and Construction Supervisors (Broker and Property Developer Ordinance - MaBV)
Notification pursuant to Section 9 of the Real Estate Agent and Property Developer Ordinance