Search
Contact
21.05.2021 | KPMG Law Insights

OVG Münster: Use of the professional title “engineer

OVG Münster: Use of the professional title “engineer

Issue: An employee who had been working in the construction industry for many years successfully completed a one-year course of further education at the Cologne University of Applied Sciences to become a fire protection construction manager. He later enrolled in a certificate program in “Preventive Fire Protection.” Due to the lack of a first university degree, he had to pass all examinations of the four-semester certificate program by the third semester in order to subsequently transfer to the master’s program. He successfully passed this aptitude test. Subsequently, he also successfully completed the master’s program with the degree “Master of Engineering (M. Eng.)”. He then applied for registration as a voluntary member of the NRW Chamber of Civil Engineers. This application for registration was rejected by the Ingenieurkammer-Bau NRW. The plaintiff had no legal right to the registration. He had not completed a scientific or technical course of study as defined by the Engineering Act. The Administrative Court dismissed the action against the decision issued. In the appeal proceedings, the Higher Administrative Court of Münster recently had to clarify the question under which conditions a university graduate in North Rhine-Westphalia is entitled to use the professional title “engineer” (OVG Münster, judgment dated March 5, 2018, Ref.: 4 A 542/15).

Reasons for Decision: The legal basis for the inclusion is § 38 para. 2 Sentence 1 lit. b) in conjunction with. § 30 para. 1 No. 1 Building Chamber Act NRW (BauKaG), § 1 para. 1 No. 1 lit. a) NRW Engineering Act (IngG). The prerequisites are that the applicant is active in the construction industry (Section 29 (2) BauKaG), is entitled to use the professional title “engineer” (Section 30 (1) No. 1 BauKaG), is not registered in the list of consulting engineers and has his main residence or place of employment in NRW. The authorization to use the professional title “engineer” is based on § 1 para. 1 No. 1 lit. a) IngG, which requires a successfully completed course of study in a technical or scientific field (hereinafter referred to as technical studies) at a German university lasting at least three years. The plaintiff fulfills these requirements. He had successfully completed a two-year advanced technical master’s degree (“Preventive Fire Protection”) at a German university with the master’s examination. With the admission to the master’s program, the equivalence of his professional qualifications with those of a completed undergraduate degree had been established. In addition, he successfully completed a one-year advanced technical degree program to become a fire protection construction manager. Overall, the plaintiff had thus successfully completed a technical course of study at a German university over the minimum duration of three years.
The term study refers to the process of studying. The study would not necessarily have to be within a degree program. Graduates must be given the opportunity to make up for missing study time by taking a separate technical course of study instead of having to complete a completely new three-year course of study. The requirement of a successful completion of studies also does not depend on a specific degree. It is not necessary that the course of study be undergraduate (bachelor’s degree), nor can it be inferred from the law that a certain proportion of “engineering-specific” course content is prescribed. These requirements would also not result from further interpretation. The latter had been suggested by the NRW Chamber of Civil Engineers, among others, but had not yet been expressly included by the legislator. Furthermore, the assessment of whether the relevant minimum duration of studies is present is based solely on the years of study. The number of hours of instruction or the number of credit points received are irrelevant for this purpose.
Significance for practice: The regulations in the engineering laws of the federal states differ. Recently, in June 2018, a new model engineering law was passed by the Conference of Economic Ministers of the German states. This also includes a requirement for a minimum proportion of “engineering-specific” subjects in mathematics, computer science, natural sciences and technology (STEM). The engineering laws of the federal states are to be based on this model engineering law. With the agreed minimum content of 50%, this requirement still falls short of the demand of various associations. In the Lower Saxony Engineering Act, a minimum of 70% is already required to use the professional title “engineer”. Developments in the countries therefore remain to be seen. However, in the absence of such a provision, it cannot be “read into” the law. In the event of changes to the state law regulations, however, engineers who have already been registered may assume that they will continue to be entitled to use the professional title of “engineer” in order to protect their legitimate expectations.

Do you want to get in touch with the author? Then call Jannike Ehlers at +49 (0)40 360994-5021 or write to her at jannikeluiseehlers@kpmg-law.com – she looks forward to hearing from you.

Explore #more

19.10.2026 | In the media

New articles have been published in PERSONALFÜHRUNG

The current issue of PERSONALFÜHRUNG (10–11/2026) features two articles by female experts from KPMG and KPMG Law. In the article “Will AI Save the Day?…

15.10.2026 | KPMG Law Insights

Faster Building Permits – Legal Options for Businesses

Planning and permitting procedures do not always have to delay construction projects. The law provides several options for expediting the process. To take advantage of…

09.10.2026 | KPMG Law Insights

Claims Management for Cyber Incidents: How Insurers Actively Manage Claims

Cyber incidents are among the most complex claims scenarios for insurers. Ransomware attacks, in particular, can paralyze entire IT infrastructures—with enormous financial consequences. Insurers for …

08.10.2026 | In the media

KPMG Law Guest Column in AUTOHAUS: Consumer Credit Directive: Sales Under New Circumstances

Car dealerships should use the time remaining before the new Consumer Credit Directive takes effect to systematically review their financing and sales processes for regulatory…

08.10.2026 | In the media

KPMG Law Interview with HAUFE: Even If AI Makes a Mistake, the Board of Directors Is Still Liable

AI analyzes, makes recommendations, and helps make decisions. But who bears the consequences if it’s wrong? KPMG Law experts Nikolaus Vincent Manthey and Sabrina Riesenbeck…

30.09.2026 | KPMG Law Insights

Mixed-Use Real Estate as an Opportunity for Downtown Areas

Downtown areas should be vibrant, sustainable, and attractive. But the traditional business model behind them—retail—is becoming less and less viable. Rents are high, customers are…

28.09.2026 | Deal Notifications

KPMG Law and KPMG are advising Rohde & Schwarz on the acquisitions of NEOSAT and PHYTRONIC

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised the Munich-based technology group Rohde & Schwarz on its acquisitions of NEOSAT GmbH…

28.09.2026 | Deal Notifications

KPMG Law and KPMG are advising Diehl Defence on the acquisition of the Dr. Carls aerial imagery database

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Diehl Defence on its acquisition of the aerial imagery database Dr. Carls GmbH.…

26.09.2026 | In the media

Op-Ed in *Lebensmittelzeitung*: PPWR Introduces New Requirements for the Food Industry

The EU Packaging Regulation (PPWR) has been in effect since August 12, 2026—and presents companies in the food industry with a question that requires urgent…

18.09.2026 | Press releases

KPMG Law Honored at the PMN Management Awards

KPMG Law was awarded first place in the Business Development category at this year’s PMN Management Awards. In addition, the project “The Agent-Based Law Firm”…

Contact

Dr. Jannike Ehlers

Senior Associate

Fuhlentwiete 5
20355 Hamburg

Tel.: +49 (0)40 360994-5021
jannikeluiseehlers@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll