Residential Property Management

Real Estate Agents, Loan Brokers, Property Developers, Construction Supervisors, Residential Property Managers

According to § 34c Trade Regulation Act (GewO), a permit is required for anyone who

-  commercially brokers contracts for properties, property-like rights, commercial or residential spaces or provides opportunities for such contracts to be concluded (real estate agent),

-  brokers loan agreements, except for contracts within the meaning of § 34i paragraph 1 sentence 1, or provides opportunities for such agreements to be concluded (loan brokerage),

-  acts as a property developer, i.e., prepares or carries out construction projects as a developer in their own name for their own or third-party account and uses third-party assets for this purpose,

-  acts as a construction supervisor in someone else’s name and for someone else’s account, preparing or carrying out construction projects economically,

- manages the communal property of apartment owners within the meaning of the Condominium Act or manages rental agreements for residential spaces for third parties within the meaning of § 549 of the Civil Code (residential property manager)

As part of the application process, the required reliability must be demonstrated. For this purpose, the applicants or, in the case of a legal entity, all responsible managing individuals must submit the following documents:

• Certificate of good conduct (BZR)

• Excerpt from the Central Trade Register

• Excerpt from the Commercial Register

• Information from the debtor register of the district court

• Information from the insolvency court

• Tax clearance certificate from the tax authority

• Certificate from the city/municipal treasury

• Insurance confirmation (only for residential property managers)

Note on loan brokerage and transitional regulation for § 34k GewO:

Entrepreneurs who

before November 20, 2026, hold a permit under § 34c paragraph 1 sentence 1 in the version valid until November 19, 2026, authorizing them to broker loan agreements and who wish to continue brokering consumer loan agreements or financing aids within the meaning of § 34k paragraph 1, must apply for a permit as a loan broker under § 34k paragraph 1 from the Chamber of Commerce and Industry (IHK) by May 31, 2027, and register themselves and the persons to be registered under § 34k paragraph 8 number 1 in the register pursuant to § 11a paragraph 1 sentence 1 immediately after the permit is granted.

For entrepreneurs under paragraph 1, there is usually no examination of reliability and financial circumstances under § 34k paragraph 3 sentence 1 numbers 1 and 2. The existing permit under § 34c paragraph 1 sentence 1 for brokering loan agreements must be presented to the permit authority upon request. The permit under § 34c paragraph 1 sentence 1, insofar as it authorizes the brokering of loan agreements, expires upon the final decision on the permit application under § 34k paragraph 1, but no later than November 19, 2027. B

Until this date, the permit under § 34c paragraph 1 sentence 1, insofar as it authorizes the brokering of loan agreements, is considered a permit under § 34k paragraph 1.

If entrepreneurs who hold a permit as loan brokers under § 34c paragraph 1 sentence 1 on November 20, 2026, do not apply for a permit under § 34k paragraph 1 by May 31, 2027, the existing permit under § 34c paragraph 1 sentence 1, insofar as it authorizes the brokering of loan agreements, expires on November 19, 2027.

Fees Real Estate Agent Section § 34 c GewO

-Brokerage of properties and property-like rights, brokerage of residential and commercial spaces

-Preparation and execution of construction projects as a developer in their own name for their own and third-party accounts using the assets of buyers, tenants, lessees, other usage rights holders, or applicants for acquisition or usage rights (property developer)

-Preparation and execution of construction projects as a construction supervisor in someone else’s name for someone else’s account (construction supervisor)

     Individually or jointly €350.00

-Loan brokerage (only until November 20, 2026 – thereafter IHK permit according to § 34k GewO)

€700.00

-Residential property management

€350.00

-Decision on the reliability check of a new managing director of a legal entity (§ 34 c paragraph 2 GewO)

€340.00