Experts, public appointment and swearing-in

The public appointment and swearing-in is the public law and legally protected designation provided in Germany for particularly qualified and trustworthy experts in the fields of business. It can be obtained by proving the requirements according to § 36 Gewerbeordnung or or in conjunction with any existing special regulations in an administrative procedure.

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

Publicly appointed and sworn experts provide expert opinions and other expert services such as consultations, supervision, examinations, issuing of certificates as well as arbitration and arbitration activities.

The rights and obligations of publicly appointed and sworn experts may be regulated by ordinances or expert regulations.

Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". These experts may be given circular stamps and an expert card.

• in the field of economics, usually to the Chamber of Commerce and Industry
• with regard to goods, services and prices of craftsmen, the Chamber of Crafts
• for other special areas to the respective competent authority, such as the district-free city / the district committee for the public appointment and swearing in of auctioneers according to § 34b Abs. 5 Gewerbeordnung

You can also complete the procedure electronically via the Point of Single Contact

Since the documents you have to submit may differ depending on the legal basis for the public appointment and swearing in of experts, you should contact the appointing authority so that they can provide you with the specific documents. The following documents are therefore only intended to give you an impression of the documents you are to submit:

• Application form
• Curriculum vitae
• Proof of all certificates, diplomas or other documents relevant to the application
• Police clearance certificate for submission to an authority
• If applicable, excerpt from the Central Trade Register
• Proof of taking out professional indemnity insurance
• At least 3 independently submitted expert opinions in the requested subject area, if necessary further documents such as elaborations, publications, essays, scientific treatises or investigations, lectures, etc. from which the special expertise to be proven results.

A separate platform has been developed for online applications. On the so-called service platform you can submit your applications electronically and much more! You are welcome to get your own impression of the application in advance without registering beforehand. To do this, use the simulation. In order to make full use of the online application, you must first register with the online application process.

Online application procedure of the Point of Single Contact Hesse

As an expert, you can usually be publicly appointed and sworn in if:

• there is a need for expert services for the subject area requested,
• there are no concerns about your suitability,
• you comply with certain age limits; have generally reached the age of 30 and have not yet reached the age of 68,
• if applicable, you have taken out an appropriately high level of professional indemnity insurance,
• you demonstrate above-average expertise, 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 orderly, economic conditions,
• they offer the guarantee of impartiality and independence and compliance with the duties of a publicly appointed expert.

Evidence of formal qualifications, competences and other qualifications from another Member State of the European Union or from another State party to the Agreement on the European Economic Area shall be taken into account in the administrative procedure. These proofs must be submitted in certified copy and certified German translation.

In addition, experts with qualifications from a Member State of the European Union or another State party to the Agreement on the European Economic Area may be publicly appointed and sworn in if the expert has already demonstrated his expertise in a particular subject area, which is essentially comparable, or if he has worked full-time as an expert in 2 of the last 10 years and is apparent from the evidence submitted, that the expert essentially has the special expertise.
 

Here come e.g.

• §§ 13b, 36, 36a Gewerbeordnung
• Section 91(1)(8) of the Crafts Code
• If applicable, special regulation, such as § 34b Abs. 5 Gewerbeordnung
• Schedule of administrative costs or fees

to be considered.
 

If the application is rejected, either an objection or direct action may be brought before the administrative court.

The amount of the fee for the public order is quite different; it is approximately between 300.00 Euro - 1,100.00 Euro and is usually collected with application.

The expenses incurred as a result of the review of the application, in particular through the involvement of the expert committees and other examiners, must also be reimbursed by the applicant. Costs of about 1,000.00 euros - 2,000.00 euros are to be expected on a regular basis. As a rule, a reasonable advance on costs is requested.
 

Further information can be obtained from the nationwide directory of experts.

Data of all publicly appointed and sworn experts in the craft sector can be found
on the nationwide database of experts for the skilled trades.

Information on order requirements can be obtained from the Institut für Sachverständigenwesen e.V.

Even without appointment, the activity as an expert in Germany is free and permitted for everyone.