Real estate loan broker according to § 34i GewO - permit
Performance specification
You need a permit to act as a real estate loan broker if you commercially
- Real estate consumer loans within the meaning of Section 491 (3) of the German Civil Code or
- want to arrange corresponding financing aids against payment within the meaning of § 506 of the German Civil Code (Bürgerliches Gesetzbuch).
Real estate consumer loans are loan agreements between an entrepreneur as lender and a consumer as borrower which are either secured by a real estate lien or a real charge or which are intended for the acquisition or maintenance of ownership of land or buildings.
You also need permission to act as a real estate loan broker if you
- wish to arrange financial assistance against payment, or
- wish to advise third parties on real estate consumer loan agreements or corresponding remunerated financing aids.
Process flow
1. application for permission
In order to work as a real estate loan consultant, you must submit an application to the competent authority, providing the necessary documents. Depending on the federal state, this is the trade authority or the Chamber of Industry and Commerce. Individuals (natural persons) apply for the permit themselves or through authorised third parties. In the case of legal entities, the application is made by their legal representatives or by third parties authorised in writing.
2. notice of permission
The permit is issued to you in the form of a permit notice.
3. entry of the permit
After commencing activity as a real estate loan broker, you must immediately submit an application for entry in the register pursuant to Section 11a (1) of the Trade, Commerce and Industry Regulation Act (Gewerbeordnung).
Requirements
Permission to act commercially as a real estate loan broker is granted if you:
- are reliable,
- live in orderly financial circumstances,
- can provide evidence of professional liability insurance,
- have successfully passed an expert knowledge examination at a chamber of industry and commerce or can prove this required expert knowledge through an equivalent professional qualification.
Which documents are required?
For the examination to obtain permission to act as a real estate loan broker, you must submit the following documents:
- a certificate of good conduct for submission to an authority
- an extract from the central business register
- if applicable, a certificate in tax matters from the tax office
- If applicable, a certificate of no objection from the municipal tax office.
- an extract from the debtors' register of the central enforcement court
- If applicable, information from the insolvency court on the exemption from insolvency and the rejection of the opening of proceedings for lack of assets.
- proof of professional liability insurance
- proof of the required expertise
- for legal entities and commercial partnerships: an extract from the commercial register
Legal basis
What else should I know?
When registering, you must decide whether you want to be registered as a real estate loan broker or as a fee-based real estate loan consultant.
Start your request directly online
Who do I need to contact?
To the locally responsible district office or city.
You can also complete the procedure electronically via the Single Point of Contact.