New construction of a single-family house - Which construction expert

Hello everyone,

we are planning the construction of a new single-family house. Since we are not very familiar with the subject, we want to consult an external building expert. I had read in various sources that it is absolutely important that the expert holds the title "öffentlich bestellter und vereidigter Sachverständiger" (because this professional designation is protected and you can more or less rely on the fact that the expert is up to date in terms of knowledge).

Now we have spoken with a "freien Sachverständigen" (certified by "EIPOS"), who in our opinion makes a very good impression. The man seems to have a lot of knowledge and experience, explained his services to us very well, was not pushy, and generally made a very good impression.

In your opinion, is there any reason not to choose a "öffentlich bestellter und vereidigter Sachverständiger"? Does anyone know the exact differences between the designations? Has anyone had experience with free experts?

Regards,
FabShaw

Hello,

I had read in various sources that it is absolutely important that the expert carries the title "öffentlich bestellter und vereidigter Sachverständiger" (because this professional designation is protected and you can more or less rely on the expert being up to date knowledge-wise).

This is typical internet half-knowledge and often wasted money besides; experts who have not been sworn in are not per se less qualified just because they have not been examined by the IHK ;)

**One becomes a publicly appointed expert in a formal administrative procedure – with an application to the IHK using standard forms, a prescribed procedural process in detail, up to an administrative act (appointment or rejection) which is contestable before administrative courts. Two things are at issue: personal suitability and special expertise. According to case law, publicly appointed experts are those whose professional qualifications are clearly above the level of those who properly exercise their profession.**

What you absolutely must pay attention to in any case is the training of the expert; trainings, continuous further education. You should always have this proven to you, as well as ask for references. An evening taster course at the VHS probably would hardly generate satisfied customers.

We have now talked to a "freelance expert" (certified by "EIPOS"), who in our opinion made a very good impression. The man seems to have a lot of knowledge and experience, explained his services very well to us, was not pushy, and generally made a very good impression.

As a company of the Technical University of Dresden, I would not worry too much as long as the expert can prove his current level of knowledge. If the chemistry is right as well, I would not hesitate in your place ;)

**Source: IHK

Rhenish greetings**

Great - thanks for the reply! Then it will probably be the independent expert :-) Oh, by the way: If there should be a court case due to some dispute with the construction company - are there any disadvantages with an independent expert (as opposed to a publicly appointed one)?

Oh, by the way: If it should go to court because of any disagreement with the construction company - are there any disadvantages to having an independent expert (as opposed to a publicly appointed one)?

No.

Because if it comes to that, the judge will appoint their own court-appointed and sworn expert anyway. If the case ends in a settlement, the parties share all costs; if a clear judgment is made in favor of one party, the losing party - unless the court decides otherwise - must bear all costs incurred up to that point.

Rhenish greetings

Great - thanks again!