🎓 Master craftsman requirement, trade register and trades not subject to licensing
In brief
For many trades the rule is: if you want to set up your own business, you must be entered in the trade register. This usually requires the master craftsman examination.
There are routes without your own master craftsman certificate:
- You employ a business manager who meets the requirements.
- You have passed the journeyman examination and have long professional experience in a managerial position (experienced-journeyman rule). Excluded are Anlage A No. 12 (chimney sweeps) and Nos. 33 to 37 (opticians, hearing aid acousticians, orthopaedic technicians, orthopaedic shoemakers, dental technicians).
- Other qualifications may be treated as equivalent, such as those of engineers or foreign qualifications.
In trades not subject to licensing and in craft-like trades, no master craftsman certificate is needed.
The chamber of crafts checks whether your case fits. Ask there before you start up.
Step by step
- Check your tradeFind out whether your activity belongs to one of the 53 trades in Anlage A.
- Check your qualificationMaster craftsman examination, business manager, experienced-journeyman rule or equivalence: choose the right route.
- Ask the chamber of craftsBefore you start up, have it confirmed whether you are eligible for entry.
- Apply for entryThe application goes to the chamber of crafts in whose district the business is located.
Deadlines
- Working in a trade subject to licensing without being entered in the trade register is not permitted.
- Whether your activity is "essential" is decided by the chamber case by case. Get this confirmed in writing.
- Grandfathering applies only to businesses that already exist, not to new start-ups.
In depth · legal basis, figures and practice – for advisers and professionals
Requirements for entry
Under § 7 HwO, a natural or legal person is entered in the trade register if the business manager meets the requirements for the trade to be run or a related trade subject to licensing. Entry generally requires a passed master craftsman examination. § 7 HwO also names other routes: engineers and university graduates (para. 2), equivalent foreign qualifications (para. 2a), exceptional permits (para. 3) and practice authorisations under §§ 7a and 7b (para. 7).
Experienced-journeyman rule
§ 7b HwO requires a passed journeyman examination in the trade or a related trade, a total of six years of activity, of which four years in a managerial position. A managerial position exists if independent decision-making powers were delegated in a business or a significant part of it. Evidence includes, for example, employment references or job descriptions. The activity must have included at least one essential activity of the trade. Under § 7b Abs. 1 HwO the rule does not apply to Anlage A No. 12 (chimney sweeps) and Nos. 33 to 37 (opticians, hearing aid acousticians, orthopaedic technicians, orthopaedic shoemakers, dental technicians).
Not subject to licensing and craft-like
Anlage A lists 53 trades subject to licensing. Trades not subject to licensing (Anlage B1) and craft-like trades (Anlage B2) can be run without a master craftsman certificate. You should clarify with the chamber how your specific activity is classified. The exact list of Anlagen B1 and B2 was not evaluated verbatim here.
Administrative practice
The chamber of crafts keeps the trade register (§ 6 HwO). Individual information may be given to persons with a legitimate interest; home addresses and electronic contact details are excluded.
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