Experts; public appointment and swearing-in by the Chamber of Crafts and Trades

The Chamber of Skilled Crafts appoints and swears in experts upon request to provide expert opinions on services and activities of the skilled crafts and their value.

Description

The purpose of the public appointment is to provide courts, authorities and the public with particularly knowledgeable and personally suitable experts whose statements are particularly credible.

The public appointment includes the rendering of expert opinions and other expert services such as consulting, monitoring, testing, issuing of certificates as well as arbitration and arbitration-related activities.

The rights and duties of publicly appointed experts are primarily regulated in the expert regulations of the chambers of crafts.

Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". The chambers of skilled crafts award the experts a round stamp and issue an expert certificate.

Important instructions for service providers

  • Wenn Sie außerhalb von Geschäftsräumen Handel betreiben wollen, kann ggf. eine reisegewerbekartenfreie Tätigkeit vorliegen, die angezeigt werden muss.

Prerequisites

There must be a general need for expert services. The legal basis for this is Section 91 (1) (8) of the Crafts Code (HWO) in conjunction with Section 2 of the Expert Regulations of the respective HWK. § 2 of the expert regulation of the respective HWK.

As a rule, only those persons can be publicly appointed and sworn in as an expert of the Chamber of Skilled Crafts who

  • fulfills the requirements according to § 2 of the expert regulations (SVO) of the respective chamber.

This means in particular that the applicant must

a) is registered in the register of skilled crafts of the Chamber of Skilled Crafts as owner or as partner of a partnership or as managing director or board member of a legal entity and thereby fulfills the registration requirements in his person or is listed as business manager or

b) is registered as a proprietor, partner of a partnership or managing director or board member of a legal entity in its register of unlicensed trades or trades similar to trades. The same applies to partners of legal entities registered there who are active in this business as craftsmen;

  • has sufficient life and professional experience
  • has the personal suitability, in particular reliability, as well as physical and mental capacity (in accordance with the requirements of the requested subject area)
  • demonstrates special expertise (specialist knowledge and skills significantly above the average), the necessary practical experience and the ability to provide expert opinions; § 36 a of the Trade, Commerce and Industry Regulation Act (GewO) applies accordingly; is personally and professionally suitable for the expert activity
  • has the necessary equipment to perform the activity as an expert;
  • lives in orderly economic circumstances;
  • offers a guarantee of impartiality and independence in the provision of expert opinions and of compliance with the obligations of a publicly appointed and sworn expert;
  • is available at all times and without restriction for expert activities in accordance with the statutory provisions.

The requirements of the expert regulations of the respective chambers of handicrafts must always be observed.

Procedure

Short letter of application to the relevant Chamber of Crafts, which then sends a letter requesting submission of all required documents.

Special notes

The appointment itself is generally preceded by a separate technical examination.

Deadlines

There are no deadlines for applications.

Required documents

  • Handwritten curriculum vitae
  • 2 photographs (35 x 45 mm)
  • Completed questionnaire of the Chamber of Crafts
  • Testimonials, employer's references

    Insofar as they are relevant to your activity as an expert

  • Master craftsman's certificate or diploma
  • Certificate of attendance of the basic seminar
  • Date of entry in the register of craftsmen
  • Employees: Certificate from your employer confirming that you are free to work as an expert at any time.
  • Certificate of good conduct

Forms

Please select a location in "Localization" so that the address of the responsible authority can be filled in.

  • Prefillable Form, Bavaria-wide: Formloser Antrag (mit Unterschrift)
    Please note

    This form has to be signed and sent to the responsible authority. You can sign the form manually and send it by email/fax or sign the form electronically with your qualified electronic signature an send it by (secure) email. If the responsible authority has set up a De-Mail account, you can also send the form by De-Mail using an sender-confirmed message.

    Dieser Assistent unterstützt Sie bei der Erstellung eines formlosen Schreibens, wenn die zuständige Stelle kein Antragsformular zur Verfügung stellt.

Fees

  • The fee for the public appointment / swearing-in is between 50 euros and 200 euros. Electronic payment via online banking is possible. Information on this is provided by the relevant Chamber of Crafts.

Remedy

Administrative court proceedings; information

The decision of the Board is subject to administrative appeal pursuant to Section 40 VwGO.

Links to more information

Status: 25.08.2022

Responsible for editing: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie

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  • Online transactions, Bavaria-wide
  • Online transactions, locally limited
  • Form, Bavaria-wide
  • Form, locally limited
  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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Responsible for you

If you select a location under "Localization" the contact details of the responsible authority and, if applicable, locally valid information will be displayed.