Logo Bayernportal
Home > Procedures

Experts; public appointment and swearing-in by the Chamber of Industry and Commerce

The public appointment and swearing-in can be obtained in an administrative procedure at the Chambers of Industry and Commerce.

Responsible for you

Industrie- und Handelskammer Schwaben - Einheitlicher Ansprechpartner

Industrie- und Handelskammer Schwaben

Street address

Stettenstraße 1+3
86150 Augsburg

Postal address

Stettenstraße 1+3

86150 Augsburg

Mehr zur Behörde

Procedure details

Public appointment and swearing-in is the public-law and legally protected distinction provided for in Germany for particularly qualified and trustworthy experts in the fields of business. It can be obtained by providing proof of the requirements in accordance with Section 36 of the Trade, Commerce and Industry Regulation Act in an administrative procedure at the Chambers of Industry and Commerce.

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

The public appointment includes the provision of expert opinions and other expert services such as consulting, monitoring, testing, issuing certificates as well as arbitration and arbitration-related activities.

The rights and obligations of publicly appointed experts are primarily regulated in the expert regulations of the Chambers of Industry and Commerce (IHK).

Publicly appointed and sworn experts can be recognized by the legally protected designation "publicly appointed and sworn". The chambers of industry and commerce award the experts a round stamp and issue an expert certificate.

According to § 36 of the Trade, Commerce and Industry Regulation Act, you can be publicly appointed and sworn in as an expert if

  • there is a need for expert services in the field applied for,
  • there are no concerns about your suitability,
  • you have a branch in Germany,
  • you can demonstrate above-average specialist knowledge, 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 good financial circumstances,
  • you offer a guarantee of impartiality and independence as well as compliance with the duties of a publicly appointed expert.

Foreign certificates of training, qualifications and other credentials will be taken into account in the administrative procedure. They must be submitted in German.

In addition, experts with qualifications from a member state of the European Union or another signatory state to the Agreement on the European Economic Area may be publicly appointed if the expert has already proven his expertise there for a specific subject area, which is essentially comparable, or if he has worked full-time as an expert for two of the last ten years and the evidence submitted shows that the expert essentially has the special expertise.

In the case of applicants for public appointment and swearing-in as an expert, the appointing bodies check the personal requirements as well as the professional competence of the applicants. To support the professional examination, the Institut für Sachverständigenwesen has published professional appointment requirements for over fifty subject areas, which have been adopted by the appointment bodies as applicable nationwide. In addition to the professional and technical requirements, some of the documents contain requirements for expert opinions, the location of the IHK expert committees and, for some areas, divisions of subject areas.

  • IHK form completed in full
  • detailed curriculum vitae in tabular form with photograph
    which contains personal details, education and vocational training, as well as a detailed description of the professional activity
  • Proof of all certificates, diplomas, certificates relevant to the application

    in particular on the authorization to use any academic titles and degrees or other professional titles (proof by submission of a certified copy or by simultaneous submission of the originals)

  • Police clearance certificate

    for submission to an authority not older than three months

  • Cost absorption declaration
  • Reference list with indication of persons
    who can provide information on personal suitability and the "special expertise" to be demonstrated; please also state your function, address and telephone number
  • Declaration of consent
    for service or employment relationships
  • at least three independent expert opinions in the subject area applied for:

    If applicable, further documents, such as papers, publications, essays, scientific papers or studies, lectures, etc., from which the "special expertise" to be demonstrated and the ability to provide expert opinions can be derived. If the professional appointment requirements stipulate further requirements, these must be observed.

The fee for public appointment by the IHK is between 350 and 3,480 euros and is charged when the application is submitted.

The expenses incurred in reviewing the application, in particular by involving the expert committees and other examiners, must also be reimbursed by the applicant. Costs of between 1,000 and 3,000 euros are to be expected, depending on the subject area applied for.

As a rule, the IHK will request an appropriate advance on costs.

There are no application deadlines.

  • Sachverständigenordnung der regional zuständigen Industrie- und Handelskammer
  • Richtlinien zur Sachverständigenordnung der Industrie- und Handelskammern
  • Gebührenordnung der Industrie- und Handelskammer
  • fachliche Bestellungsvoraussetzungen für die einzelnen Sachgebiete

(Optional) appeal procedure
  • Appeal procedure (optional); lodging an appeal

    If the objection has no suspensive effect, an application for suspension of enforcement can be made to the original authority or the objection authority in accordance with Section 80 (4) VwGO. Instead, an application for an order or restoration of the suspensive effect of the objection can be made to the competent Bavarian Administrative Court in accordance with Section 80 (5) VwGO.

    Please note: If it concerns the demand for public charges and costs (§ 80 Para. 2 Sentence 1 No. 1 VwGO), an application to the court is generally only admissible if the authority has previously rejected an application for suspension of enforcement (§ 80 Para. 6 VwGO).

Supplement: Industrie- und Handelskammer Schwaben

Status: 21.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium für Wirtschaft, Landesentwicklung und Energie
Contains machine translated content. Show the original content