Experts; public appointment and swearing-in by the Chamber of Industry and Commerce

The public appointment and swearing-in can be obtained in an administrative procedure at the Chambers of Industry and Commerce.

Description

Prerequisites

According to § 36 of the Trade, Commerce and Industry Regulation Act, you can be publicly appointed and sworn in as an expert if

  • there is a need for expert services in the field applied for,
  • there are no concerns about your suitability,
  • you have a branch in Germany,
  • you can demonstrate above-average specialist knowledge, practical experience and the ability to provide expert opinions,
  • you have relevant knowledge of German law and the ability to explain technical findings and assessments in a comprehensible manner,
  • you live in good financial circumstances,
  • you offer a guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed expert.

Foreign certificates of training, qualifications and other credentials will be taken into account in the administrative procedure. They must be submitted in German.

In addition, experts with qualifications from a member state of the European Union or another signatory state to the Agreement on the European Economic Area may be publicly appointed if the expert has already proven his expertise there for a specific subject area that is essentially comparable, or if he has worked full-time as an expert in two of the last ten years and the evidence submitted shows that the expert essentially has the special expertise.

In the case of applicants for public appointment and swearing-in as an expert, the appointing bodies check the personal requirements as well as the professional competence of the applicants. To support the professional examination, the Institut für Sachverständigenwesen has published professional appointment requirements for over fifty subject areas, which have been adopted by the appointment bodies as applicable nationwide. In addition to the professional and technical requirements, some of the documents contain requirements for expert opinions, the location of the IHK expert committees and, for some areas, the classification of subject areas.
In the case of applicants for public appointment and swearing-in as experts, the appointing bodies check the personal requirements as well as the professional competence of the applicants. To support the professional examination, the Institut für Sachverständigenwesen has published professional appointment requirements for over fifty subject areas, which have been adopted by the appointment bodies as applicable nationwide (see link under "Further links").

Deadlines

There are no application deadlines.

Required documents

  • Fully completed regional IHK form

  • detailed curriculum vitae in tabular form with photograph

    which contains personal details, educational and vocational training, and a detailed description of the professional activity

  • Supporting documents for all certificates, diplomas, deeds relevant to the application

    in particular, the entitlement to use any academic titles and degrees or other professional titles (proof by submission of a certified copy or by simultaneous submission of the originals)

  • Police clearance certificate

    for submission to an authority not older than three months

  • Cost absorption declaration

  • Reference list with indication of persons

    who can provide information on the personal suitability and the "special expertise" to be proven; please also state function, address and telephone number

  • Declaration of consent

    in the case of employment

  • at least three independent expert opinions in the field applied for

    If applicable, further documents, such as papers, publications, essays, scientific papers or studies, lectures, etc., from which the "special expertise" and the ability to provide expert opinions can be demonstrated. If the technical requirements for appointment stipulate further requirements, these must be observed.

Fees

  • The fee for the public appointment is between EUR 350 and EUR 3,480 and is charged when the application is submitted.

    The expenses incurred in reviewing the application, in particular by involving the expert committees and other examiners, must also be reimbursed by the applicant. Costs of between 1,000 and 3,000 euros are to be expected, depending on the subject area applied for.

    As a rule, the IHK will request an appropriate advance on costs.

Legal bases

  • § 36 und 36a Gewerbeordnung (GewO)
  • Sachverständigenordnung der Industrie- und Handelskammer

  • Richtlinien zur Sachverständigenordnung der Industrie- und Handelskammern

  • Gebührenordnung der Industrie- und Handelskammer

  • fachliche Bestellungsvoraussetzungen für die einzelnen Sachgebiete

Remedy

Opposition procedure (optional); filing an opposition

(Optional) appeal procedure

Links to more information

Status:03.01.2024

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

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  • Form, Bavaria-wide
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  • Prefillable Form, Bavaria-wide
  • Legal bases, Bavaria-wide
  • Legal bases, locally limited
  • Fees, Bavaria-wide
  • Fees, locally limited
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