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Real estate agents, loan brokers, property developers, building supervisors and residential property managers; application for a license

If you want to broker real estate or loan agreements commercially, manage residential properties commercially or prepare and carry out construction projects, you need an official permit.

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Supplement: Industrie- und Handelskammer für München und Oberbayern

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Industrie- und Handelskammer für München und Oberbayern

Industrie- und Handelskammer für München und Oberbayern

Street address

Max-Joseph-Straße 2
80333 München

Postal address

Max-Joseph-Straße 2

80333 München

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Procedure details

The following are subject to authorization

  • the brokering of the conclusion and the provision of evidence of the opportunity to conclude contracts for land, land rights, residential premises, commercial premises
  • the brokering of the conclusion of loan agreements (with the exception of real estate loan agreements within the meaning of Section 34i (1) sentence 1 of the German Commercial Code) or the provision of evidence of the opportunity to conclude such agreements,
  • the preparation and execution of construction projects as a builder in his own name for his own account or for the account of third parties using assets of purchasers, tenants, lessees or other beneficiaries or of applicants for acquisition or usage rights,
  • the economic preparation and execution of construction projects as a construction supervisor in the name of a third party for the account of a third party,
  • the management of the common property of condominium owners within the meaning of Section 1 (2), (3), (5) and (6) of the German Condominium Act or the management of tenancies of residential premises within the meaning of Section 549 of the German Civil Code for third parties.

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

Traders are subject to special obligations in accordance with the Real Estate Agent and Property Developer Ordinance. The obligations to be observed under the Real Estate Agent and Property Developer Ordinance (MaBV) include in particular

  • to provide sufficient collateral or to take out suitable insurance for this purpose if the trader receives or uses the client's assets (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 German, 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 use the client's assets has also been restricted (Section 4 MaBV). In addition, the trader may be obliged to have compliance with the provisions of the Real Estate Agent and Property Developer Ordinance audited at his own expense on special occasions and to submit the audit report to the competent authority if this is necessary for effective monitoring (Section 16 (2) MaBV).

The authorities have rights of information and inspection vis-à-vis traders. 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.

  • personal reliability, i.e. you have not been convicted of a criminal offense in the last five years
  • Orderly financial circumstances, i.e. you are not in private insolvency or entered in the debtor register
  • only additionally required when applying for a license as a residential property manager: professional liability insurance for financial losses that may arise from the commercial activity as a residential property manager
  • for EU citizens:
    • The reliability and financial circumstances of the trader are generally checked on the basis of documents issued in the country of origin which 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 can be replaced by an affidavit in lieu of an oath by the trader or comparable acts under the law of the country of origin.
    • If the activity is carried out across borders in Germany from a legal establishment in another EU/EEA country, no German license is required pursuant to Section 4 GewO in accordance with Section 34c GewO, provided that the activity is only carried out temporarily and does not involve loan brokers within the meaning of Section 34c para. 1 sentence 1 no. 2 GewO.
  • for non-EU citizens:
    • In principle, a residence permit that allows the exercise of self-employed activity is required.
    • With regard to reliability, applicants are generally required to submit an official certificate of good conduct or good character or an extract from the criminal record of their home country or an equivalent document and/or a certificate of good conduct for authorities (Section 30 (5) of the Federal Central Criminal Register Act) and information from the Central Trade Register (Section 150 (5) of the Trade Regulation Act). If, based on the foreigner's previous residence, it can be assumed that the aforementioned certificates and proofs no longer or not yet contain facts of significance under trade law, the foreign or German certificates may be waived.
    • The orderly financial circumstances are determined on the basis of a certificate of freedom from insolvency from the home country and, if applicable, on the basis of information on entries in the register to be kept by the insolvency court or the enforcement court (Section 26 (2) of the German Insolvency Code, Section 882b et seq. of the German Code of Civil Procedure).

  • Valid identity card or passport
  • Certificate of good conduct for authorities
    (to be applied for at the municipality of residence)
  • Extract from the central trade register
    (to be applied for at the municipality of residence)
  • Information on entries in the debtor register on the insolvency exemption, information from the debtor register of the central enforcement courts (Section 26b (2) of the Insolvency Code, Sections 882b et seq. of the Code of Civil Procedure)
    or proof of orderly financial circumstances from the country of origin in a certified copy and certified German translation
  • Information from the insolvency court as to whether proceedings have been opened (so-called negative certificate) or extract from the debtor register of the central enforcement court
  • Extract from the commercial or cooperative register, if applicable
    or comparable registration documents from abroad with German translation; if necessary, replacement by an affidavit in lieu of an oath or similar acts for business domiciles in EU/EEA countries
  • Documents for property developers and construction supervisors for registered companies, civil law companies and limited liability companies in formation:
    • for registered companies (e.g. GmbH): 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: Copy of the notarized articles of incorporation and a power of attorney from the founders stating that the business is to commence before entry in the commercial register.
  • for the permit as residential property manager additionally: proof of professional liability insurance
  • 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
  • for EU/non-EU citizens: proof of good repute from the country of origin in the form of a certified copy and certified German translation (if necessary, replacement by an affidavit in lieu of an oath or similar acts in the case of a business domicile in an EU/EEA country)
  • for EU citizens: Proof of orderly financial circumstances from the country of origin
    in a certified copy and certified German translation; as well as information from the insolvency court on freedom from insolvency, if applicable, information from the debtor register of the central enforcement courts (Section 26 (2) Insolvency Code, Sections 882b et seq. of the German Code of Civil Procedure); if applicable, replacement by affirmation in lieu of an oath or comparable acts
  • for non-EU citizens: residence permit that allows self-employment
  • for non-EU citizens: Proof of orderly financial circumstances
    Certificate of freedom from insolvency from the home country 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) Insolvency Code, Sections 882 et seq. of the Civil Procedure Code)
  • for non-EU citizens: documents for broker's license

    in the case of registered companies, an extract from the commercial register or comparable registration documents from abroad (with German translation), in the case of companies under civil law, articles of association, in the case of a GmbH in formation, a copy of the notarized articles of incorporation and a power of attorney from the founders, according to which the commencement of business is to be commenced prior to entry in the commercial register

You must submit the application together with the required documents to the Chamber of Industry and Commerce for Munich and Upper Bavaria or the Aschaffenburg Chamber of Industry and Commerce.

The Chamber will check whether you meet the requirements.

You will receive the permit for the activity you have applied for.

Permission: 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 Chamber's schedule of fees.

Supplement: Industrie- und Handelskammer für München und Oberbayern

  • Standard procedure for real estate agents, loan brokers, property developers or construction supervisors: EUR 315 each
  • Standard procedure for residential property managers: EUR 350
  • Standard procedure for property developers or construction supervisors: EUR 315 each

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

In addition to obtaining a permit, you must also register the business with the relevant municipality when you take up your activity.

Administrative court action

Status: 23.09.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
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