Application for a Permit Pursuant to Section 34c of the Trade Regulation Act (GewO)

Anyone who, on a commercial basis, acts as a broker for real estate or loans (excluding real estate loans), or who operates as a real estate developer or construction manager, must obtain a license under Section 34c of the Trade Regulation Act (Gewerbeordnung). Residential property managers must also obtain a license under Section 34c of the Trade Regulation Act (Gewerbeordnung).

You must submit your application for a permit under Section 34c of the Trade Regulation Act (GewO) to the Public Order Department of the Fulda District.

For legal entities, you need only complete the application form for the legal entity itself. You must submit all personal documents for all natural persons authorized to manage the business.

Partnerships are not eligible for a license as such. Therefore, each managing partner must obtain a license. For each of these individuals, you must submit a separately completed application form and all required personal documents.

If you wish to work as a residential property manager, you must provide proof that you have obtained the professionally required professional liability insurance.

You possess the reliability required for commercial operations. You generally do not possess this reliability if you have been convicted of a felony or a property or financial crime within the last 5 years, and the conviction is final.

Your financial circumstances are in order: No insolvency proceedings have been initiated against your assets, nor have such proceedings been dismissed for lack of assets, and you are not listed in the debtor registry pursuant to Section 882b of the Code of Civil Procedure.

You have professional liability insurance and the necessary expertise.

If you wish to work as a residential property manager, you need professional liability insurance covering at least EUR 500,000 per claim and EUR 1,000,000 for all claims in a given year.

• Proof
  of identity (e.g., ID card, passport, or other form of identification)
   
• Application for a Permit Pursuant to §34c of the Trade Regulation Act (GewO) (see below under “Applications / Forms”)
   
• Business Registration Pursuant to Section 14 of the Trade Regulation Act (GewO)
  
  
• Certificate regarding tax matters issued by the tax
  office with jurisdiction over the applicant’s place of residence or, in the case of partnerships and corporations, their place of business; Application submitted through the tax office
  
  
• Certificate of Good Conduct: Application
  through the Residents’ Registration Office (Document Type “OG” for submission to a government agency pursuant to Section 30(5) of the Federal Registration Act (BZRG))
  
  
• Extract
  from the Central Business Register: Application through the Residents’ Registration Office (document type “OG” for submission to a government agency pursuant to Section 30(5) of the BZRG)
  
  
• Certificate of No Objection issued by the local tax office
  with jurisdiction over the applicant’s place of residence or, in the case of partnerships and corporations, their place of business; Application to be filed with the authority responsible for the applicant’s place of residence or place of business
  
  
• Certificate of No Insolvency
  : Application Filed with the Insolvency Court
  
  
• Negative Information from the
  Enforcement Portal: For more information, click the link below
  
  
• Proof of Professional
  Liability Insurance: Required only for residential property managers.
  
  
• If applicable, an extract from the commercial register for partnerships or corporations
  
  
• If applicable, a copy of the shareholders' agreement
  
  
• Certified translation of foreign documents, if necessary
  
  
• Declaration of Loss (if applicable)

• Enforcement Portal

Real Estate Brokerage: Natural
Person: 338.00 euros; Legal
Entity: 392.00 euros

Loan Brokerage: Natural
Person: 1,225.00
euros; Legal Entity: 1,275.00 euros

Developer: Natural
person: 338.00 euros; Legal
entity: 392.00 euros

Construction Supervision: Natural
Person: 338.00 euros; Legal
Entity: 392.00 euros

Residential Property Manager:
Natural Person: 338.00 euros; Legal
Entity: 392.00 euros

Withdrawal of an Application
: 50% of the permit fee, plus expenses

Rejection of an application
: 75% of the permit fee, plus expenses

Important Note: A separate permit is issued for each individual permit application; accordingly, the fee is based on the number of permits issued.

You must have the permit before starting operations. Therefore, submit your application well in advance—that is, a few weeks before you plan to begin operations.

You must also notify the Business Registration Office of your local authority of the start of your business activities at the same time.

• (Partial) Waiver of the Permit Under § 34c of the Trade Regulation Act (GewO)
• Application for a Permit Pursuant to Section 34c of the Trade Regulation Act (GewO)
• Declaration of Exclusivity pursuant to Section 34c of the German Trade Regulation Act (GewO)
• Fact Sheet: Legal Basis for the Permit Under § 34c of the Trade Regulation Act (GewO)
• Information Sheet: Annual Inspection Requirements Under Section 34c of the Trade Regulation Act (GewO)
• Information Sheet on the Issuance of a Permit Under Section 34c of the Trade Regulation Act (GewO)
• Declaration of Non-Objection Pursuant to Section 34c of the Trade Regulation Act (GewO)
• Declaration of Loss Pursuant to Section 34c of the German Trade Regulation Act (GewO)
• Supplementary Statement by the Auditor Pursuant to Section 34c of the German Trade Regulation Act (GewO)