There must be a general need for expert services. The legal basis is § 91 Para. 1 No. 8 of the Crafts Regulation Act (HWO) in conjunction with § 2 of the Expert Regulations of the respective HWK. § 2 of the expert regulations of the respective HWK
In principle, only those persons may be publicly appointed and sworn in as experts of the Chamber of Skilled Crafts who
- fulfills the requirements according to § 2 of the expert regulations (SVO) of the respective chamber.
In particular, this means that the applicant must
a) is entered in the Chamber of Skilled Crafts register as the owner or partner of a partnership or managing director or board member of a legal entity and fulfills the registration requirements or is listed as the manager of the business or
b) is registered as the owner, partner of a partnership or managing director or board member of a legal entity in its register of trades not requiring a license or trades similar to trades. The same applies to partners of legal entities registered there who are active in this company as craftsmen;
- have sufficient life and professional experience
- is personally suitable, in particular reliable and physically and mentally capable (in accordance with the requirements of the field applied for)
- demonstrates special expertise (specialist knowledge and skills that are significantly above average), the necessary practical experience and the ability to provide expert opinions; Section 36 a of the Trade Regulation Act (GewO) applies accordingly; is personally and professionally suitable for the expert activity
- has the necessary facilities to carry out the work of an expert witness
- lives in orderly financial circumstances;
- offers a guarantee of impartiality and independence in the provision of expert opinions and 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 crafts and trades must always be observed.