Register of craftsmen Registration of trade subject to authorisation

If you want to independently operate a craft subject to licensing as a so-called standing trade, you need an entry in the register of craftsmen. The standing trade includes any commercial enterprise (even without a commercial establishment) whose activity is not attributable to the travel trade or market traffic.

A commercial enterprise is a business of a craft subject to licensing if it is operated by a craft and fully comprises a trade listed in Annex A to the Crafts Code (HwO) or activities that are essential for this trade (essential activities).

In principle, only the craft subject to licensing that has been registered may be practiced. If several crafts subject to licensing are exercised, each of these crafts subject to approval must usually be registered in the register of craftsmen.

If you operate a craft subject to licensing, you can also carry out work in other crafts subject to licensing, provided that there is a technical or professional connection or an economic supplement between the craft practiced and the other craft subject to approval and the work in the registered craft predominates.

Only the registration in the register of craftsmen not already the application entitles the holder to practice the craft. The registration in the register of craftsmen is associated with the issuance of a craft card ( trade card ). With this card, you can later legitimize yourself as a registered craft business.

Related Links

  • Annex A List of trades that can be operated as crafts subject to licensing (§ 1 para. 2)

for sole proprietorships:

  • Application for registration
  • Copy of identity card or comparable identification document
  • Proof of qualification (copy of master craftsman's certificate, technical certificate, etc.) of the holder (in the case of an employed plant manager, see there)
  • Copy of business registration (can be submitted after registration in the register of craftsmen)

for civil law companies (GbR):

  • Application for registration
  • Copies of the identity card or a comparable identification document of the shareholders or authorized representatives
  • Copy of the articles of association
  • Proof of qualification (copy of master craftsman's certificate, technical certificate, etc.) of the shareholder(s) (for employed plant manager see there)
  • Copy of business registration (can be submitted after registration in the register of craftsmen)

in the case of GmbH, Unternehmergesellschaft (haftungsbeschränkt), AG, OHG, KG, GmbH & Co. KG and other domestic or foreign companies:

  • Application for registration
  • Copies of the identity card or a comparable identification document of the shareholders or authorized representatives
  • Copy of the extract from the commercial register - in the case of a company belonging to EU countries: Submission of a translation of the extract from the register of the country of origin
  • Copy of business registration (can be submitted after registration in the register of craftsmen)
  • after successful entry in the commercial register, an up-to-date extract from the register is required

in the case of employment of a plant manager:

  • Farm Manager's Declaration
  • Copy of the employment contract of the plant manager
  • Proof of qualification of the plant manager (copy of master craftsman's certificate, dipl.-certificate, industrial master's certificate, technician's certificate, exemption permit, exercise authorization, etc.)
  • If applicable, confirmation of registration from the collection office (health insurance) about the employee's registration

In order to include a company in the craft register, a written application is required. Depending on the offer of the Chambers of Crafts, the application form is available for download electronically or can be filled out directly via a form center. You can also submit your documents in person and fill out the application on site.

The documents to be submitted must be submitted as certified copies to the competent authority.

Preconditions

  • Master craftsman's examination according to § 7 paragraph 1 a Handwerksordnung (HwO)
    • Prerequisite: You or your farm manager have successfully passed the master craftsman's examination in the craft you want to practice or in a craft subject to approval and are entered in the register of craftsmen of the competent authority.
  • Registration of graduate engineers or engineers or persons with a German state or state-recognized examination equivalent to the master craftsman's examination (§ 7 Abs. 2 HwO) in the register of craftsmen
    • Prerequisite: The study or school focus of your examination corresponds to the craft to be registered.
  • Right to exercise according to § 7 b HwO without master craftsman's examination
    • Prerequisite: You or your farm manager can prove relevant training as a journeyman/skilled worker and at least six years of practical work in the trade, of which at least four years in a managerial position.
    • Exceptions: chimney sweeping and health crafts
  • Exemption according to § 8 HwO without master craftsman's examination
    • Prerequisite: Passing the master craftsman's examination represents an unreasonable hardship for you or your plant manager and you can prove master-like knowledge and skills.
    • Depending on the situation of the individual case, the exemption may be granted on a permanent or temporary basis as well as limited or unlimited.
  • Exemption according to § 9 HwO
    • Prerequisite:
      • You or your farm managers are nationals of a Member State of the European Union (EU) or of a State party to the Agreement on the European Economic Area (EEA).
      • You have worked in one of the above-mentioned countries for certain periods as a self-employed person or farm manager in a corresponding craft or have successfully completed a relevant professional training abroad.
    • Exceptions: chimney sweeping and health crafts

Anyone who has the prerequisites for registration in the register of craftsmen and operates the corresponding craft can also obtain a right to exercise in accordance with § 7a HWO for another trade of Annex A subject to approval or for essential activities thereof, if the necessary knowledge and skills have been proven. Previous professional experience and activities must also be taken into account.

  • § 7 paragraph 1a Crafts Code (HwO)
  • § 7a Handwerksordnung (HwO)
  • § 7b Handwerksordnung (HwO)
  • § 8 Handwerksordnung (HwO)
  • § 9 Handwerksordnung (HwO)

Hints

If you move your business to another Chamber of Crafts district, you must register with the competent authority there.

Related Links

  • § 1 Handwerksordnung (HwO)
  • § 6 Handwerksordnung (HwO)
  • § 7 Handwerksordnung (HwO)
  • § 7a Handwerksordnung (HwO)
  • § 7b Handwerksordnung (HwO)
  • § 8 Handwerksordnung (HwO)
  • § 9 Handwerksordnung (HwO)
  • §§ 10-15 Handwerksordnung (HwO)

Responsible for the content
Lower Saxony Ministry of Economic Affairs, Labour and Transport

Last update or date of publication
13.09.2018