Real estate agents, loan brokers, property developers, construction supervisors and residential property managers require a license in accordance with Section 34c of the German Trade Regulation Act (GewO) to carry out their trade. The trade may only be exercised once this trade license has been issued and the corresponding trade registration (Section 14 GewO) has been submitted to the local trade authority responsible for the business establishment(s).

Responsibility
Responsibility for issuing the business license is based on the location of the registered office. The place of residence is not decisive here.
If there are several places of business, the trade authority in whose jurisdiction the company's head office is located is responsible for issuing the license.

Application
Natural and legal persons (e.g. GmbH, AG etc.) are eligible to apply.
Companies without their own legal personality (e.g. GbR, OHG, KG including GmbH & Co. KG) do not receive a business license themselves. In such cases, all partners authorized to manage the company require their own permit.
You can obtain the application form from the responsible clerk.

The individual permit points
Licenses are required for real estate brokerage activities such as the commercial brokerage or proof of the opportunity to conclude contracts for

• Land, rights equivalent to land
• residential premises
• commercial premises

but also

• loans (with the exception of real estate consumer loans pursuant to Section 34i GewO), i.e. for consumer loans (e.g. for car purchases, home furnishings, etc.)

In addition, certain property development activities such as the

preparation and realization

• of construction projects as builders in their own name for their own or third-party account using assets of purchasers, tenants, leaseholders or other beneficiaries or of applicants for acquisition or usage rights

as well as the

economic preparation or implementation

• of construction projects as construction supervisors in the name of third parties for the account of third parties

since August 1, 2018 also the

• Management of residential properties (within the meaning of Section 1 (2), (3), (5) and (6) of the German Condominium Act (WoEigG) or within the meaning of Section 549 of the German Civil Code (BGB)).

Regulations to be observed
Among others

• Industrial Code (GewO)
• Real Estate Agent and Property Developer Ordinance (MaBV)
• Housing Brokerage Act (WoVermittG)
• Condominium Act (WoEigG)
• Price Indication Ordinance (PAngV)
• German Civil Code (BGB)

Information for real estate agents and residential property managers:
Until July 31, 2018, the commercial activity of residential property managers was exempt from licensing. Only a business registration was required.
Since August 1, 2018, residential property managers (including rental property managers) have required a business license in accordance with Section 34c GewO in order to carry out their activities. However, the obligation to register a business still applies.
In addition to the documents required for the granting of a license in the area of Section 34c GewO for the legally prescribed reliability check under trade law, proof of existing professional liability insurance for residential property managers must also be provided (see also Section 15 of the Broker and Property Developer Ordinance - MaBV and Section 34c (2) No. 3 GewO)

Transitional regulation for tradespeople already commercially active in the field of residential property management (§ 161 GewO):
Traders who had managed residential properties prior to August 01, 2018 and wished to continue this activity after August 01, 2018 were obliged to apply for a license in accordance with Section 34c para. 1 sentence 1 no. 4 by March 01, 2019.

The following changes have also been in place for real estate agents and residential property managers since August 1, 2018 :
The federal legislator has also laid down an obligation for further training in Section 34c (2a) GewO, which is further specified in Section 15b MaBV and Annexes 1 to 3 to Section 15b MaBV.
The obligation to undergo further training applies not only to the trader himself, but also to the persons directly involved in the activity requiring a license.

You will need the following documents to obtain a permit (No. 1-5 and, if applicable, No. 8 must not be older than three months):

1. certificate of good conduct of document type O

2. information from the central trade register

For no. 1. and 2:

• for the trader(s) and , if applicable, for the persons entrusted with the management of the business
• In the case of legal entities, certificates of good conduct and information from the Central Trade Register for all legal representatives and, in addition, information from the Central Trade Register for the legal entity as such, provided the company was/is already commercially active.

The applications must be submitted:

• In the case of natural persons, at the residents' registration office / citizens' registration office responsible for the place of residence.
• In the case of a legal entity, for information from the central trade register, in writing to the trade authority (the contact details can be found under "Contact").
• When applying for a certificate of good conduct (document type O) and for information from the central trade register, the following should be entered as:
  
  Purpose of use: "Business license according to § 34c GewO", "Broker license" or a comparable clear term should be used.
  
  Recipient address:
  City of Bonn
  Office 33-13.30 Mkl
  53103 Bonn
  
  must be specified in order to avoid errors in the assignment and to ensure smooth receipt of the documents by the person responsible.

3. certificate in tax matters from the responsible tax office (for legal entities for all legal representatives as well as for the legal entity as such, if the company is/was already managed for tax purposes).

4. information from the insolvency department of the competent local court (for legal entities for all legal representatives as well as for the legal entity as such, if the company was/is already commercially active).

5. information from the enforcement portal (for legal entities for all legal representatives as well as for the legal entity as such, provided the company was/is already commercially active). The information can be accessed online at www.vollstreckungsportal.de after requesting a PIN.
Please print out the search result with the date!

6. copy of the extract from the commercial register (current status) of the competent local court

• only for companies that are entered in the commercial register
• In the case of a GmbH & Co. KG, extract from the commercial register of the GmbH and the KG.

7. copy of the articles of association (for legal entities and, if applicable, for associations of persons)

8. for residential property managers only:
Proof of existing professional liability insurance (confirmation of insurance, not an insurance certificate!)

Further information on this can be found in the Real Estate Agent and Property Developer Ordinance - MaBV (e.g. on the legally prescribed minimum insurance sums in §§ 15 and 15a MaBV etc.) under "Forms and links".

Depending on the scope of the business license, administrative fees of between EUR 400 and EUR 2,400 will be charged.
Higher fees are to be expected in the event of increased administrative costs(e.g. due to prior inspection of criminal files etc.).

The permit is subject to a fee, is issued for an unlimited period of time and is valid throughout Germany.
The amount of the administrative fee depends on the scope of the permit and is due upon submission of the application.
Further information and details can be obtained from the person responsible.