Experts in the craft sector Public appointment and swearing-in

Publicly appointed experts in the craft sector are characterized by special expertise, objectivity and trustworthiness. They shall be subject to supervision by the competent authority.

Publicly appointed experts are all persons who have been appointed and sworn in by a public institution. According to the Crafts Code (HwO), it is the task of the competent authority to appoint and swear in expert persons for the reimbursement of expert opinions on goods, services and prices of craftsmen and of craft-like trades.

The basis and requirements for the public appointment and swearing-in result in detail from § 91 paragraph 1 no. 8 HwO, the expert regulations (SVO) issued by the competent authorities and the general trade law provisions of §§ 36 and 36a Gewerbeordnung (GewO). The SVO determines the selection and appointment procedure according to which the competent body carries out the public appointment, standardises the rights and obligations of the experts and regulates the legal relations between expert persons and the competent body.

Related Links

  • § 36 a Industrial Code (GewO)
  • § 36 Industrial Code (GewO)

No documents are required.

Preconditions

  • Initial order
    • Age: minimum 30, maximum 62 years
    • Proof of special expertise (above-average expertise), the necessary practical experience and the ability to prepare expert opinions.
      This special expertise is determined by the Chambers of Crafts with the support of the responsible trade association in accordance with a procedure developed by the Chambers of Crafts, which in addition to the preparation of a test report and a written test also provides for an oral expert discussion before a competent committee.
    • Orderly economic conditions (possibly credit bureau information)
  • Experts may also be publicly appointed and sworn in if:
    • although they are entitled to practice a craft independently (master craftsman's examination, graduate engineer), they are not registered, but
    • in the last 10 years at least 6 years have been practically active in a craft business of the trade for which they want to be ordered, of which at least 3 years as a craft entrepreneur or in a management function,
    • have their establishment as an expert or, in the absence thereof, their principal residence in the district of the competent authority;
    • and meet the other aforementioned conditions.
  • In addition to the high level of professional knowledge, the applicant must also master the legal foundations associated with the expert's work.

Related Links

  • §§ 91 paragraph 1 no. 8 and 106 paragraph 1 no. 12 Handwerksordnung (HwO)
  • §§ 36, 36a Gewerbeordnung (GewO)

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

Last update or date of publication
13.09.2018