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Application for public appointment and swearing-in as an expert in a field of architecture and construction

Applicants for public appointment and swearing-in must prove their personal and professional suitability in a specific subject area (e.B. damage to buildings) within the framework of a strict examination procedure. Experts are commissioned by private individuals, public authorities and, in particular, by courts to provide technical bases and assessments.Despite being commissioned by a specific person, the expert is not an interest representative. He or she is obliged to perform his/her task independently and on his or her own responsibility. In addition to the special specialist knowledge, special requirements are therefore placed on the personality and reliability of the expert.

Courts are obliged to commission publicly appointed experts as a matter of priority for the preparation of expert opinions.

Process flow

An application for a public order must be made in writing or online using the form provided. The above-mentioned evidence shall be attached to the application.

The examination of the special expertise and the ability to prepare expert opinions is carried out by a panel of experts.

The expert panel examines the expert opinions submitted. Furthermore, the special competence must usually be proven by an exam and an oral examination.

The Board of the Chamber decides on the public appointment on the proposal of the Committee of Experts.

The initial appointment is limited to three years. Subsequently, there is the possibility of extending the order by five years.

Who should I contact?

The responsibility lies with the Chamber of Architects of Lower Saxony.

This procedure can also be handled through a "point of single contact". The "Point of Single Contact" is a special service offered by the municipalities and the state for service providers.

Find your Point of Single Contact here

Requirements

Excerpt: Expert Regulations

§ 3 Order requirements

(2) An expert may be appointed to the public only if:

  1. has his professional establishment or, if one does not exist, his residence in Lower Saxony;
  2. has the necessary mental and physical capacity in accordance with the subject matter requested;
  3. has personal aptitude;
  4. demonstrates special expertise, practical experience and the ability to draw up expert opinions; this is usually done by means of an examination;
  5. has the facilities necessary for the exercise of the activity of expert;
  6. lives in orderly economic conditions;
  7. guarantees impartiality and independence in his or her expert work and compliance with the duties of a publicly appointed and sworn expert;
  8. proves the existence of liability insurance to regulate liability for damages arising from expert activities. Professional indemnity insurance must extend for at least five years beyond the date of termination of the contract. Personal injury must be insured at least € 1,500,000, property damage and financial losses at least € 200,000 per insured event. The insurer's benefits for all damages caused within an insurance year may be limited to twice the amounts mentioned above. The insurance must be maintained for the duration of the order. Anyone who does not exercise the profession for personal reasons, in particular due to illness or parental leave, is released from the obligation upon written request. It is sufficient if proof of insurance is provided before the order certificate is handed over;
  9. has five years of professional experience as an architect, interior designer or landscape architect or has worked in the field of architecture, interior design or landscape architecture (planning and construction supervision) seven years after graduation;
  10. has mastered the German language, both spoken and written.

By way of derogation from the requirement for a professional establishment or residence in Lower Saxony, the competent competence of the Chamber of Architects of Lower Saxony already exists for the application of an expert from another Member State of the European Union or another State party to the Agreement on the European Economic Area if the expert intends to establish a branch in Lower Saxony. § 36 a Of the Industrial Code shall apply accordingly.
 

The Chamber of Architects of Lower Saxony appoints experts with qualifications from another Member State of the European Union or another State Party to the Agreement on the European Economic Area if:

  1. the applicant has already demonstrated his special expertise in a particular subject area in one of the States referred to in sentence 1, which essentially corresponds to the specialist knowledge within the meaning of Paragraph 3(2d), or
  2. has worked full-time as an expert in one of the last ten years and it is apparent from the evidence submitted that the applicant has a special expertise which essentially corresponds to Paragraph 3(2)(d).

Which documents are required?

The application shall be accompanied by the following documents:

- Curriculum vitae about the professional career

- Certificate of good conduct for submission to authorities (document type "0") - not older than three months

- Clearance certificate from the tax office

- at least three subject-related opinions

- at least two reference addresses /alternatively: job references

- Proof of attendance at expert seminars

- Proof of professional indemnity insurance (presentation of an insurance certificate is required by the swearing-in date)

- if applicable, certificate of secondary activity (declaration of exemption from the employer)

What are the fees?

The basic fee is 400 euros. In addition, the applicant must reimburse the Board for the expenses incurred, in particular the costs of the examination by the expert panel.

When ordering for another subject area, the basic fee is 300 euros.

In the case of a chamber change: 120 euros.

If you do not use the fully electronic application procedure including the online payment function, please attach a receipt to your registration application, e.B. printout of the transfer in online banking about the payment. The bank details are:

Nord/LB Hannover: BIC NOLADE2HXXX - IBAN: DE55 2505 0000 0101 4747 81

Commerzbank Hannover: BIC COBADEFFXXX - IBAN: DE97 2504 0066 0338 8345 00

What deadlines do I have to pay attention to?

There are no deadlines to be observed.

Processing duration

on the basis of the examination by the expert committee and the decision by the Executive Board:

approx. 3-12 months

Applications / forms

Forms:

  • Application for appointment as an expert to the Chamber of Architects of Lower Saxony together with the above-mentioned evidence
  • online (insert link as soon as set up)

or in writing

Appeal

Possibility of bringing an action before the Administrative Court of Hanover

Technically approved by

Chamber of Architects of Lower Saxony.

Source: Serviceportal Niedersachsen (Linie6PLus)

Further Links

Single points of contact of the state of Lower Saxony, Single points of contact of the countries of Europe, advice and assistance for EU citizens and their families.