You would like to broker real estate consumer loan agreements or corresponding financial assistance in return for payment, or advise third parties on such agreements. To work as a real estate loan broker, you need a corresponding commercial license.  

You have a legal right to be granted the requested license, provided that there are no grounds for refusal. To this end, you must be personally reliable, have orderly financial circumstances, and provide evidence of your expertise and of having taken out appropriate professional liability insurance.  

You must also have your main place of business or headquarters in Germany and intend to carry out your commercial activities in Germany.   

If you employ persons who are involved in brokerage or consulting or who are responsible for these activities in a managerial position, they must also have a certificate of competence and be reliable.  

After commencing your activities, you must register yourself and the persons directly involved in brokerage or consulting or who are responsible for these activities in a managerial position in the broker register.   

The license may be restricted in terms of content and subject to ancillary provisions if this is necessary for the protection of the general public or the borrower, or if you request it.  

Permission to operate as a real estate loan broker may be granted to natural persons and legal entities. The permission is personal, i.e., you may not transfer a permission issued in your name to another person, nor may another person transfer a permission issued in their name to you.  

No permission is required for credit institutions that have been granted permission in accordance with Section 32 (1) of the German Banking Act (Kreditwesengesetz) and branches of companies within the meaning of Section 53b (1) sentence 1 of the German Banking Act. Under certain conditions (including an instruction procedure), real estate loan brokers who have been granted a license for real estate loan brokerage by the competent authority of another EU member state or EEA contracting state also do not require a license.  

In order for you to be granted permission, you must   

• be of good character,   
• have a sound financial situation, and   
• have appropriate professional liability insurance (financial loss liability insurance) as well as   
• demonstrate sufficient expertise, and   
• have your principal place of business in Germany.   

If you employ individuals who are involved in brokerage or consulting activities or who hold managerial positions responsible for these activities, they must also possess a certificate of competence and be trustworthy.  

• Real estate loan brokers may not act as fee-based real estate loan advisors.  

To obtain a license as a commercial real estate loan broker, you must submit the appropriate application along with the required documents to the relevant authority. 

• If the relevant authority offers this option, you can submit your application online.
• You can submit your application for registration in the broker registry at the same time as your application for a license
• The authority will review the information you provide and the documents you submit to determine whether you meet the requirements. 
• After the review, you will receive the license.

You may not begin operations until the license has been granted. 

The brokerage of loans not secured by real property mortgages, as well as the brokerage of loans secured by real property mortgages to businesses, is subject to the licensing requirement under § 34c(1), sentence 1, no. 2 of the German Trade Regulation Act (GewO). If you wish to act as a broker for both real estate consumer loan agreements and other loan agreements, you therefore require a license under § 34i(1), sentence 1 of the German Trade Regulation Act (GewO) and under Section 34c(1), sentence 1, no. 2 of the German Trade Regulation Act (GewO).  

Once you have commenced your business activities, you must have yourself and any persons directly involved in brokerage or consulting—or those in managerial positions responsible for these activities—entered in the broker registry. 

Engaging in the business of real estate loan brokerage without the required license constitutes an administrative offense that may be punishable by a fine. Similarly, violations of an enforceable condition, of provisions of the ImmVermV that are subject to fines, and of the obligation to register in the broker registry may be punished as administrative offenses with a fine.

Objection (depending on state law, the objection may be excluded), administrative court action

In Rhineland-Palatinate, the local trade offices are responsible.

• Identity card or other official identification document with a photo (not required for electronic applications).
• Proof of application for a certificate of good conduct to be submitted to a government agency (Section 30(5) BZRG),
• Proof of application for an extract from the Central Trade Register for submission to a government agency (§ 150(5) GewO),
• Extract from the debtors’ register of the enforcement court (Section 882b of the Code of Civil Procedure (ZPO)),
• Information from the insolvency court regarding whether insolvency proceedings have been initiated,
• If applicable, a tax clearance certificate from the tax office,
• If applicable, a certificate of no outstanding tax liabilities from the municipal tax office,
• Proof of professional liability insurance or an equivalent guarantee,
• Proof of professional competence,
• An extract from the commercial register for legal entities and commercial partnerships where applicable; otherwise, a copy of the partnership agreement or articles of incorporation (e.g., for a GbR).

Depends on the respective administrative fee regulations of the state or on the fee statutes of the authorities responsible under state law.