Real estate loan broker – Apply for permission
Anyone who wants to broker the conclusion of real estate consumer loan agreements or corresponding financing aids on a professional basis (real estate loan broker) or advise third parties on such agreements (fee-based real estate loan advisor) requires a permit from the competent authority.
This includes typical real estate financing (house construction, house or flat purchase, conversion or extension or renovation measures, loans to secure a property). The brokerage of building society contracts is not covered by this.
Employees of real estate loan brokers who are employed in this area must also be registered in the broker register. Registration takes place at the Berlin Chamber of Industry and Commerce for companies based in Berlin (see "more information").
Fee-based real estate loan consultants are not allowed to work as real estate loan brokers and real estate loan brokers are not allowed to work as fee-based real estate loan consultants. They must choose one of the two types of activity, which is then also clearly shown in the register of intermediaries.
For the brokerage of other consumer loans, a licence as a loan broker according to § 34c GewO is required (see "more information").
For the brokering of participatory loans, subordinated loans and swarm financing, you need a separate licence as a financial investment broker pursuant to § 34f GewO (see "more information").
In the case of partnerships (e.g. GbR, OHG, KG), each managing partner is a trader; in the case of legal entities (GmbH, UG or AG), the permit is granted to the company.
Reliability is verified based on various documents. The applicant must submit an excerpt from the Federal Central Criminal Register (certificate of good conduct) and an excerpt from the Commercial Central Register.
Orderly financial circumstances
It is checked whether the applicant has debts (private or public) or whether insolvency proceedings are known.
Adequate insurance cover
Proof of professional insurance cover for the business.
Proof of successfully passed examination of competence before a CCI or a similar approved professional qualification.
Application for a licence pursuant to § 34i of the Trade Regulations (GewO) (real estate loan broker)
Possible online; or you can use the form.
Identity card or other official identification document containing a photograph (not required for electronic applications).
Residence permit, if the applicant is not an EU national
Certificate of good conduct for presentation to an authority
To verify personal reliability, information from the Federal Central Register (certificate of good conduct) is required for submission to an authority (document type O).
The information must be applied for at the municipality of residence (in Berlin at every citizens' office) for submission to an authority, i.e. it is sent directly to the public order office responsible for the place of business. The information must not be older than three months. The Federal Ministry of Justice also offers an online application procedure. (see "More information")
Excerpt from the central business register for presentation to an authority
In order to verify personal reliability, information from the central business register for natural persons is required for submission to an authority (document type 9).
As a private individual, the information must be applied for at the municipality of residence (in Berlin at every citizens' registration office) for submission to an authority, i.e. it is sent directly to the public order office responsible for the place of business.
Legal entities with their place of business in Berlin apply for it at their competent public order office.
The information must not be older than three months. The Federal Ministry of Justice also offers an online application procedure. (see "more information")
Information from the debtors' register (Central Enforcement Portal)
Information regarding entries must be requested online from the central enforcement centre for the respective federal state (see "more information").
Information from the insolvency register
- Two certificates are required for initiating insolvency proceedings for natural persons who are residents of Berlin. The first certificate for consumer insolvency proceedings must be applied for with the local court responsible for your place of residence, and the second one for regular insolvency proceedings is available from the District Court Charlottenburg Amtsgerichtsplatz 1, 14057 Berlin.
- The District Court Charlottenburg, Amtsgerichtsplatz 1, 14057 Berlin is responsible for insolvency proceedings for legal entities and private trade companies based in Berlin.
- Applicants residing / operating outside of Berlin please inform themselves about the respective responsibilities of the insolvency courts via the central place and court directory (see "more information").
Proof of expertise
Proof of CCI examination of competence or similar recognised professional qualification.
Professional liability insurance
Confirmation from an insurance company that the real estate loan broker has professional liability insurance cover.
The confirmation must be no older than three months and it must comply with European requirements for professional liability insurance.
Up-to-date excerpt from the Trade Register
Registered companies are required to submit an up to date excerpt from the Trade Register when applying. Legal entities that are in the process of being established (GmbH, AG) are required to submit their partnership agreement or statutes.
Average time to process request
- Information by IHK Berlin
- Information about the Register of Brokers
- Apply for certificate of good conduct and central business register online - BfJ
- Information from the debtors' register - Central Enforcement Portal of the Federal States
- Insolvency notices online via the joint justice portal of the Federal States
- Search for the competent court in the central local and court register
- Information about privacy
- Licence as loan broker according to § 34c Trade Regulations
- Licence as financial investment broker according to § 34f Trade Regulations
- Register of intermediaries IHK - Registration
The permit must be applied for at the public order office responsible for the place of business. If a place of business is not yet known, the permit can also be applied for at the public order office responsible for the applicant's place of residence.