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

17.07.2026 | KPMG Law Insights

New Packaging Implementation Act tightens obligations for companies

  Co-author: Séverine Sieprath, Director of Audit, KPMG AG Wirtschaftsprüfungsgesellschaft   The Packaging Implementation Act (VerpackDG),…

17.07.2026 | KPMG Law Insights

Action Plan Against Tax Crime: Voluntary Disclosure Allowing for Immunity from Prosecution to Be Abolished

Tax and financial crime will be prosecuted more rigorously in Germany going forward. On July 16, 2026, Federal Minister of Finance Lars Klingbeil and Federal…

15.07.2026 | In the media

KPMG Law Guest Post on the DVNW Procurement Blog: Section 97a of the German Act Against Restraints of Competition (GWB): Slight Relief for Lump-Sum Contracts

On July 1, 2026, the Act on Accelerating the Award of Public Contracts—the Public Procurement Acceleration Act, for short—entered into force. A key change is…

15.07.2026 | In the media

KPMG Law Statement on “tagesschau”: Recycled Building Materials Rarely Used Despite Shortages

Gravel, sand, and crushed stone are becoming scarce and more expensive. Recycled construction materials could help. But despite advanced technology, there are major hurdles, especially…

15.07.2026 | In the media

KPMG Law Statement in *Private Banking* Magazine: How the ECB Plans to Launch the Digital Euro

The banking industry is awaiting the ECB’s decision on which institutions will be selected for the digital euro pilot project. From Germany, Deutsche Bank, Helaba,…

09.07.2026 | In the media

Op-Ed in *Versicherungsmagazin*: D&O Insurance—A Legal Safety Net in Turbulent Times

Liability risks for executives are increasing significantly: New regulatory requirements such as NIS-2, CSRD, and the Supply Chain Act are expanding the responsibilities of managing

02.07.2026 | KPMG Law Insights

Registered mail with return receipt no longer provides proof of delivery—here are some alternatives

Registered mail with return receipt, when used as part of electronic documentation, no longer constitutes prima facie evidence of a…

02.07.2026 | Deal Notifications

KPMG Law advises the Prinzhorn Group on the acquisition of Stora Enso’s German facilities

KPMG Law has advised Mosburger GmbH, a subsidiary of Dunapack Packaging and part of the Austrian Prinzhorn Group, on the acquisition of Stora Enso’s German…

02.07.2026 | In the media

KPMG Law Interview in Focus Business: EmpCo Is Coming: Sustainability Marketing Becomes a Top Priority

Stricter EU rules set clearer boundaries for climate pledges and social claims. KPMG Law expert Manuela Meyer explains which claims must be verified and how…

29.06.2026 | KPMG Law Insights

Embedding Digital Sovereignty in the Enterprise – Legal Requirements for IT Systems

Digital sovereignty is an important strategic success factor, and many measures are also required by law. Through legislation such as the Data Act, NIS-2, the…

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