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Property developers and construction supervisors; application for a permit by EU citizens

If you want to work commercially as a property developer or construction supervisor, you need a permit.

Forms

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For contact details of the responsible authoritiy and local valid information select under "Select location" a location.
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Industrie- und Handelskammer für München und Oberbayern
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Industrie- und Handelskammer Aschaffenburg
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Procedure details

According to § 34c Para. 1 No. 3 of the Trade, Commerce and Industry Regulation Act, a license is required for anyone who

  • prepares or carries out construction projects as a building owner in their own name for their own account or for the account of third parties and intends to use assets of purchasers, tenants, leaseholders or other beneficiaries or of applicants for acquisition or usage rights for this purpose, or
  • intends to economically prepare or carry out construction projects as a construction supervisor in the name of a third party for the account of a third party.

In the case of partnerships, a trader is any managing partner; in the case of legal entities, the permit is issued to the legal entity (e.g. GmbH or AG).

In principle, traders are subject to special obligations in accordance with the Broker and Property Developer Ordinance (MaBV). These include in particular the obligations

  • to provide sufficient collateral or to take out suitable insurance for this purpose if the trader receives or uses assets belonging to the client (Section 2 MaBV),
  • to manage the client's assets received separately (§ 6 MaBV),
  • to render accounts to the client after the execution of the contract (§ 8 MaBV)
  • to keep books in the German language including the recording of data on individual business transactions and on the clients (§ 10 MaBV; the business documents must be kept on the business premises for 5 years, § 14 MaBV),
  • to provide the client in text form with the information necessary for the assessment of the order and the contract to be brokered or verified (§ 11 MaBV),
  • further training obligation (§ 15b MaBV).

To protect the client, the trader's authority to accept and use the client's assets has also been restricted (sections 3, 4 MaBV). In addition, the trader is obliged to have compliance with the provisions of the Real Estate Agent and Property Developer Ordinance audited annually at his own expense and to submit the audit report to the competent authority (Section 16 MaBV).

The authorities have rights of information and inspection vis-à-vis traders pursuant to Section 34c of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung) in accordance with Section 29 of the Trade, Commerce and Industry Regulation Act. At the request of the authorities, the parties concerned must provide the information required to monitor business operations. Furthermore, the authorities are authorized to enter the business premises in order to carry out inspections and visits.

In addition to obtaining a permit in accordance with Section 34c of the Trade, Commerce and Industry Regulation Act, you must also notify the responsible municipality of your business in accordance with Section 14 of the Trade, Commerce and Industry Regulation Act.

  • reliability
  • Orderly financial circumstances

The trader's reliability and financial circumstances are generally checked on the basis of documents issued in the country of origin that prove that the requirements for reliability and orderly financial circumstances are met. It may be required that a certified copy of the documents and a certified German translation be submitted. If such documents are not issued in the country of origin, they may be replaced by an affidavit in lieu of an oath by the trader or comparable acts under the law of the country of origin.

  • Valid identity card or passport
  • for EU citizens: proof of good repute from the country of origin in the form of a certified copy and a certified German translation;
    Replacement by affidavit in lieu of oath or comparable acts, if applicable
  • Proof of orderly financial circumstances
    from the country of origin as a certified copy and certified German translation and, if applicable, information from the insolvency court on freedom from insolvency, information from the debtor register of the central enforcement courts (Section 26 (2) of the Insolvency Code, Sections 882b et seq. of the Code of Civil Procedure), if applicable, replacement by an affidavit in lieu of an oath or similar acts
  • Documents for property developers and construction supervisors for registered companies, civil law companies and limited liability companies:
    • for registered companies and limited liability companies: extract from the commercial register or comparable registration documents from abroad (with German translation)
    • for companies under civil law: articles of association
    • for a GmbH in formation: a copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence prior to entry in the commercial register
  • in the case of a power of attorney: a written power of attorney and identification of the grantor of the power of attorney and the authorized representative

Permit: 200 to 5,000 EURO in accordance with the schedule of costs under the Costs Act (Tariff No. 5.III.5/14.1). Further details can be found in the schedule of fees of the locally competent authority.

Duration of the procedure about 3 - 5 weeks

Processing takes a few weeks once all the documents have been submitted.

Administrative court action

Status: 28.03.2025
Editorial responsibility Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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