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 personally reliable,   
• have your finances in order, and   
• have appropriate professional liability insurance (financial loss liability insurance) and   
• demonstrate sufficient expertise and   
• have your main place of business 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.  

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

To obtain a license as a commercial real estate loan broker, you must submit an application together with the required documents to the competent authority. 

• If the relevant authority offers this option, it is possible to submit an application online.
• Together with the application for a license, you can already submit the application for entry in the broker register.
• The authority will check whether you meet the requirements based on the information you provide and the documents you submit. 
• After review, you will receive the license.

You may only commence your activities once the license has been granted. 

The brokerage of loans not secured by real estate and the brokerage of loans secured by real estate to companies is subject to authorization pursuant to Section 34c (1) sentence 1 no. 2 GewO. If you wish to broker both real estate consumer loan agreements and other loan agreements, you will therefore need a license in accordance with Section 34i (1) sentence 1 GewO and Section 34c (1) sentence 1 no. 2 GewO.  

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

Acting as a real estate loan broker without the required license constitutes an administrative offense that can be punished with a fine. Violations of an enforceable condition, of the provisions of the ImmVermV that are subject to fines, and of the obligation to register in the broker register can also 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 photo (not required for electronic applications).
• Proof of application for a certificate of good conduct for submission to an authority (Section 30 (5) BZRG),
• Proof of application for an extract from the Central Trade Register for submission to an authority (Section 150 (5) GewO),
• Extract from the debtor register of the enforcement court (Section 882b ZPO),
• Information from the insolvency court as to whether proceedings have been initiated,
• If applicable, certificate from the tax office regarding tax matters,
• If applicable, clearance certificate from the municipal tax office,
• Proof of professional liability insurance or equivalent guarantee,
• Proof of expertise,
• Excerpt from the commercial register for legal entities and commercial partnerships with the corresponding entry, otherwise a copy of the partnership agreement or articles of association (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.