Ausnahmebewilligung zur Eintragung in die Handwerksrolle beantragen
Inhalt
Begriffe im Kontext
- Erlangung von Lizenzen, Genehmigungen oder Zulassungen im Hinblick auf die Gründung und Führung eines Unternehmens
- Geschäftslagen für Unternehmen (2000000)
- Unternehmensstart und Gewerbezulassung (2010000)
- Erlaubnisse und Genehmigungen (2010400)
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You would like to be entered in the register of skilled crafts and trades as an owner or proprietor or as a company manager, but the master craftsman's examination is an unreasonable burden? Then you may be able to apply for an exemption.
Registration in the register of skilled crafts is required if you wish to operate a skilled craft subject to licensing on a self-employed basis in Germany or if you wish to act as a company manager.
This also applies if
- you want to carry out a significant part of a craft subject to licensing on a self-employed basis.
- you want to practice several crafts subject to licensing on a self-employed basis. In this case, you need to be registered in the Handicrafts Register for each craft that is subject to licensing.
In order to be entered in the register of skilled crafts, you must usually pass a master craftsman's examination. If taking the master craftsman's examination is an unreasonable burden for you and you have knowledge and skills equivalent to those of a master craftsman, you can apply for an exemption from registration in the register of skilled crafts.
Reasons for exemption can be, among others:
- advanced age,
- family situations,
- serious illness or disability,
- existence of other examinations,
- long waiting periods for master examinations.
Each exceptional reason is examined on a case-by-case basis. In addition, you must demonstrate knowledge and skills necessary to practice the craft.
The exemption permit can be issued with additional conditions. For example, granting with a time-limited exemption permit is conceivable if taking the master craftsman's examination is only temporarily unreasonable.
- Application for the granting of an exemption permit for the entry in the register of skilled crafts
- Evidence for the reason for exemption
- Evidence of knowledge and skills relevant to the craft
- The master's examination must be an unreasonable burden for you.
- You must have knowledge and skills to practice the craft.
The specific fee results from the fee schedule of the Chamber of Crafts, which is available on the Chamber's website.
You must submit your application for an exemption permit as well as for entry in the register of craftsmen electronically via online procedure or in writing to your locally responsible Chamber of Crafts. Online applications are also offered via administrative portals. In detail, the following procedural steps are required:
1. Submission of applications
- Go to the website of your local Chamber of Crafts and download the application forms for granting an exemption and for registration in the register of craftsmen. You are also welcome to contact your Chamber of Crafts directly and have the necessary documents sent to you.
- Fill out the forms completely and send them to your local Chamber of Crafts together with the required documents.
- Alternatively, it is possible to submit an online application via administrative portals.
2. Conduct of the administrative procedure for the grant of a derogation
In the procedure for granting an exemption, it is checked whether the following criteria are met:
- Existence of an exceptional reason (reason why taking a master craftsman's examination appears to be an undue hardship, such as family reasons, advanced age or a special opportunity to take over the business)
- Proof of the necessary knowledge and skills (the scope of the proof depends on the previous qualification and whether the exemption permit is applied for for the entire craft or only for a partial area).
3. Decision on application
If the legal requirements are met, you will be granted an exemption. On this basis, the entry in the register of craftsmen can then take place. The exemption can be granted for an unlimited period or for a limited period. In particular, a time limit is imposed if the grant is linked to the requirement to complete the master craftsman's examination within a certain period of time.
4. Registration of the Craftsman's Roll
On the basis of an exemption permit, the register of craftsmen can be registered. Together with the notification of registration, the company receives the so-called craftsman's card (§ 10 para. 2 HwO).
You can only practice a craft that requires a licence if you are entered in the register of craftsmen. An exemption must therefore be granted at an appropriate stage.
In the context of the information on legal remedies, legal action applies in Lower Saxony, as there is no longer any provision for preliminary administrative proceedings.
- Entry on the Register of Crafts with exceptional approval
- Without having passed the examination for the master craftsman's diploma in the craft that is subject to licensing, an entry in the register of craftsmen can be made on the basis of an exceptional approval if the following conditions are met:
- The taking of the master craftsman's examination represents an unreasonable burden (reason for exemption), which may be the case in the following instances
- advanced age,
- special family situation,
- serious illness or disability,
- long waiting periods for master craftsman examinations.
- Proof of master craftsman-like qualification for the craft to be practiced must be provided.
- The exemption may be subject to additional conditions, such as a time limit within which the master craftsman's examination must be taken.
- The application for an exemption as well as further information can be obtained from the local Chamber of Skilled Crafts in whose district the business establishment is located.