Chimney sweeping work; notification in case of non-initiation
If the chimney sweeping work to be carried out is not carried out or is not proven to the authorized district chimney sweep within the time limit, the district chimney sweep shall report this to the competent district administrative authority.
From 2013, homeowners will be able to freely select the chimney sweeping company they wish to commission to carry out most chimney sweeping activities. The company must be authorized under craft law to perform chimney sweeping activities in Germany (see "Prerequisites").
However, the option of commissioning a service provider does not apply to the activities that will continue to be reserved for authorized district chimney sweeps in the future, which are listed below:
- the keeping of the sweep book with the control whether the duties incumbent on the owners according to the sweeping and inspection regulations and the 1st BImSchV are observed,
- carrying out the inspection of fireplaces, including the inspection of the operational and fire safety of the installations,
- issuance of the fireplace notice,
- the execution of inspections related to specific occasions
- issuing certificates for building inspections in accordance with state law, and
- carrying out substitute measures if owners have not fulfilled their cleaning, inspection or measurement obligations.
Until 31.12.2012, all households received a so-called fireplace notice from the district chimney sweep on the basis of a legal obligation. This lists all the chimney sweeping work that must be carried out before the next fireplace inspection. The house and apartment owners must arrange for this work to be carried out by a suitable chimney sweeping company themselves. If the authorized district chimney sweep is not commissioned, he must be provided with proof of completion by means of a form.
If the work to be carried out is not carried out or the authorized district chimney sweep is not notified within the deadline, the authorized district chimney sweep must report this to the responsible district administrative authority (district office or independent city). The authority then issues a second notice, which is subject to a fee, setting a deadline for the missing sweeps, inspections or measurements. If the chimney sweeping work is still not carried out, the authority must initiate a substitute measure, which incurs further costs.
The districts are assigned to so-called authorized district chimney swe eps for a limited period of seven years. These belong to the chimney sweeping trade as tradesmen and, in addition to the tasks assigned to them (see above), are also allowed to carry out the other chimney sweeping work in competition.
When commissioning a company, it should be noted that only companies that are registered with the chimney sweeping trade or partial activities of the chimney sweeping trade in the register of skilled crafts or are permitted to perform cross-border services in the chimney sweeping trade in implementation of EU law are authorized to perform state-mandated chimney sweeping work.
According to the EU/EEA Crafts Regulation, foreign chimney sweeps must notify the Chamber of Crafts of their intention to work in Germany and provide documentary evidence of their authorization. The Chamber of Crafts at the location of the planned first activity is responsible. Chimney sweeping work may not be performed until the Chamber of Skilled Crafts has either notified that no subsequent examination of the professional qualification is intended or has determined that the professional qualification is sufficient. If homeowners want to hire a chimney sweep from a foreign EU country, they can generally use the Chimney Sweep Register to find out whether the foreign chimney sweep company meets the requirements for performing chimney sweeping work. The Chimney Sweep Register is published by the Federal Office of Economics and Export Control (BAFA) on their website (see "Further links"). It is not a legal requirement for performing chimney sweeping activities, but purely a source of information. Owners who do not have internet access should check with their Chamber of Crafts before hiring a service provider to see if the business in question is listed in the registry.
Hiring a non-authorized party is at the owner's expense.
The deadlines for carrying out or proving chimney sweeping work are included in the respective fireplace notice of the house and apartment owners.
Links to more information
Das Schornsteinfegerregister bietet nach § 3 SchfHwG einen Überblick darüber, wer die Voraussetzungen zur selbständigen Ausübung von Schornsteinfegerarbeiten erfüllt.
Formblatt zum Nachweis der Durchführung von Schornsteinfegerarbeiten nach Anlage 2 zu § 5 der KÜO
Wenn Schornsteinfegerarbeiten durch einen anderen Schornsteinfegerbetrieb ausgeführt werden, muss der Haus- oder Wohnungseigentümer dem bevollmächtigten Bezirksschornsteinfeger nachweisen, dass er die Tätigkeiten hat ausführen lassen. Hierzu füllt der beauftragte Schornsteinfeger ein Formblatt aus, das der Haus- und Wohnungseigentümer an den bevollmächtigten Bezirksschornsteinfeger weiterleitet.
Responsible for editing: Bayerisches Staatsministerium des Innern, für Sport und Integration
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