Administrative services A-Z

• Written form required: no
• Online procedure possible: yes
• Personal appearance required: If an examination date is held in front of a panel of experts: Yes

If you apply to the competent authority for public appointment and swearing-in as an expert, you must prove that you have the necessary qualifications. An above-average professional competence in relation to the respective subject area as well as the personal suitability to carry out an expert activity in an independent, conscientious and understandable manner for the client are required.

The authority may limit the content of your appointment (e.g. to a specialist field), limit it in time or impose conditions (e.g. the requirement to regularly participate in further training).

The public appointment and swearing-in of experts confirms the existence of a special professional qualification and personal suitability as an expert for a defined subject area in business transactions. As a publicly appointed and sworn expert

• you will be given preferential treatment for the preparation of court reports and must comply with corresponding expert orders,
• you have to accept private expert assignments within the scope of your capacities,
• In some cases, you are open to fields of activity that are closed to other experts (so-called "reserved tasks", e.g. safety-related inspection of installations requiring a permit in accordance with the Federal Immission Control Act).

• The public appointment includes the provision of expert opinions and other expert activities such as deliberations, monitoring, inspections, issuance of certificates as well as arbitration and arbitration activities.

Your application for public appointment and swearing-in as an expert depends on the following conditions:

• There must be a general need for expert services for the subject area you have named. In this context, it is irrelevant how many experts there are already for the subject area in question. Rather, it depends exclusively on whether the subject area is of general importance. If it is a subject area for which experts have already been appointed in the past, the general need was already affirmed at the time and is therefore a prerequisite.
• You must prove your special expertise in the subject area you have named, i.e. You must have above-average knowledge, experience and skills in the relevant field. In addition to evidence in the form of documents to be provided by you (certificates, self-prepared expert opinions, references, etc.), participation in an examination before an independent panel of experts can also be considered.
• Finally, you must have the necessary personal aptitude. Your personal suitability is to be assumed if you can guarantee that you will provide your expert services impartially, independently, objectively and in a manner that is understandable to the client. There should also be no doubt about your personal reliability and integrity. This presupposes that you have previously behaved in accordance with the law and live in orderly economic circumstances.

• The requirements for appointment are set out in § 3 of the Expert Regulations of the Brandenburg Chamber of Engineers
   
  § 3 Appointment requirements

An expert shall be publicly appointed upon application if: - the following conditions are met. The subject areas and the appointment requirements for the individual subject area are determined by the Brandenburg Chamber of Engineers.

(2) An expert may be publicly appointed only if:

a) he is authorized to use the professional title of engineer in accordance with the Engineering Act, unless § 25 applies,

b) he maintains a branch as an expert within the scope of the Basic Law,

c) he has reached the age of 30 and has not yet reached the age of 62 at the time of submission of the complete application;

(d) there are no further doubts as to his or her personal suitability;

e) he proves appropriate professional experience, specialist knowledge (special expertise) that is significantly above average and practical experience in the desired field of appointment as well as the ability to provide expert opinions as well as to provide the services referred to in § 2 para. 2;

(f) he has at his disposal the facilities necessary for the exercise of his duties as a publicly appointed expert;

(g) he lives in orderly economic circumstances;

(h) it guarantees impartiality and independence and compliance with the duties of a publicly appointed and sworn expert;

(i) prove that he or she has relevant knowledge of German law and the ability to explain technical findings and assessments in an understandable manner;

j) he is proficient in the German language, both written and spoken;

k) he has declared in writing that he is aware of the expert regulations and that he is willing to undergo an examination and to assume the duties of a publicly appointed and sworn expert.

(3) An expert who is in an employment or service relationship may only be publicly appointed if he fulfils the requirements of subsection (2) and additionally proves that

(a) his contract of employment does not conflict with the requirements of paragraph 2(h) and that he or she is able to carry out his or her duties as an expert in person;

b) he is not subject to any professional instructions in his expert work in individual cases and can mark his services as having been prepared by himself in accordance with § 12;

(c) his employer releases him from work as an expert to the extent necessary.

§ 3a Appointment requirements for applications according to 36a GewO

(1) The requirements of Section 36a (1) and (2) of the Industrial Code (GewO) shall apply to the recognition of qualifications of the applicant from another member state of the European Union or another contracting party to the Agreement on the European Economic Area.

(2) In addition, § 3 (2) and (3) shall apply.

• Application (informal or using a form provided)
• Presentation of the services you offer and the (definable) subject area
• Curriculum vitae, if applicable, and in any case description of professional career
• Proof of your special qualifications in the above-mentioned subject area (certificates, diplomas, seminar certificates, proof of employment, other documents, etc.)
• If applicable, a list of references, i.e. persons (with address) who can provide information about your particular knowledge
• several (usually three to five) expert opinions prepared by yourself. They should deal with problems from the desired subject area and name solutions. The expert opinions must be comprehensible and contain necessary documents such as drawings, sketches, plans and photos
• If applicable, proof of further training
• Declaration on the assumption of fees and costs
• where applicable, in the case of employees or civil servants: declaration of exemption
• Application for a certificate of good conduct for submission to an authority in accordance with Section 30 (5) of the Federal Central Register Act
• If necessary, application for an excerpt from the Central Trade Register for submission to an authority in accordance with Section 150 (5) of the Industrial Code
• If applicable, current certificate in tax matters (formerly tax clearance certificate) from the responsible tax office in the original

• completed application form
• certified copies of the engineering certificate and other professional examination certificates
• Curriculum vitae with photo and description of professional career
• up-to-date proof of professional indemnity insurance
• Police clearance certificate (not older than three months)
• Clearance certificate from the tax office
• at least three references (name and address)
• Proof of attendance at least two expert seminars on legal and procedural issues
• Certificates of exemption or secondary employment of applicants in employment relationships
• at least five self-prepared expert opinions in 3 copies

Proof of payment of the application fee in accordance with the BBIK Fee Schedule

The costs are based on the administrative fee regulations of the state or on the fee statutes of the competent authorities under state law.

• Booking fee 205,00 €
• Examination fee for use of own or contractually bound expert committees: € 515.00-€ 1,535.00 (depending on the scope of the expert examination)
• Examination when using third-party expert committees: the calculation is made as proof up to a maximum of € 2,600.00
• Order and swearing-in € 155.00 (includes handing over of the certificate, ID card and stamp)

Submit an application for public appointment and swearing-in as an expert witness together with the required documents/evidence.

The competent authority will usually decide on your application on the basis of the evidence you have submitted. Depending on your responsibilities, an examination date can also be scheduled before an independent expert committee, during which your expertise will be queried and evaluated.

The competent authority will decide on your application and inform you of its decision.

• Upon receipt of the application documents, the office checks them for formal completeness and forwards the documents to the BBIK Expert Committee. The review of the appointment requirements, as well as the personal suitability of the applicant and the fulfillment of the minimum requirements for the submitted expert opinion is carried out by the expert committee of the BBIK. In this case, the application documents and the submitted expert opinions are examined and the applicant is invited to a personal interview with the expert committee. If the assessment is positive, the application documents will be forwarded to a competent expert committee for the examination of the special expertise. There, the review of the expert opinions is checked for their technical correctness and comprehensibility. In the event of a positive result of the review of the expert opinion by the expert committee, an oral expert discussion will take place. If the applicant proves the "special expertise" in the examinations, the appointing body will be notified of a corresponding vote. In the event of a negative vote, the application procedure ends here.
• If, in summary, there are positive results of the review of the "Personal Suitability", the "Minimum Requirements for Expert Opinions" and the "Special Expertise", the Committee of Experts makes a recommendation to the BBIK Board of Directors to carry out the public appointment and swearing-in. The public appointment and swearing-in is carried out by the President of the BBIK. In all other cases, the BBIK Committee of Experts will either recommend deferring or rejecting the application for public appointment and swearing-in as an expert. The applicant shall be notified to that effect.

Only after you have been publicly appointed and sworn in may you call yourself a publicly appointed and sworn expert in legal and business transactions.

The application for public appointment and swearing-in can be made at any time.

Depends on the respective national law.

Brandenburg Chamber of Engineers K. d. ö. R.

Schlaatzweg 1

14473 Potsdam

Federal Republic of Germany

Phone: +49 331 74318-0

Fax: +49 331 74318-30

E-mail: info@bbik.de

• Section 36 (1) of the Industrial Code (GewO)
• Brandenburg Engineering Act
• Trade regulations

• Information on contact persons, chambers and appointment requirements can be found on the website of the nationwide directory of experts
• Information can be found on the website of the Brandenburg Chamber of Engineers

Coordination with the Federal-State Committee on Trade Law, agreement on 01.10.2020

Presented by the Ministry of Economic Affairs, Innovation, Digitization and Energy NRW

Ministry of Economic Affairs and Energy

of the State of Brandenburg