Master builder

Traders whose license essentially covers the comprehensive planning, calculation and construction of superstructures, underground construction and other related structures are entitled to carry on the trade of master builder.

Only this group of persons is entitled to use the title "master builder".

Traderswhose master builder license is limited to realising buildings may not use occupational titles that might give the impression that they are also entitled to plan buildings.

Architect pursuant to trade law: Traders entitled to plan and calculate superstructures, underground construction and other related structures may - upon request - use the title "architect pursuant to trade law" in addition to the title "master builder".

Regulated trade

To pursue the occupation as a regulated trade with a full scope of activities, as a regulated trade with a limited scope of activities or as a sub-trade, evidence of professional competence is required.

The activity may be started after registration with the trade authority on the effective date of the administrative decision confirming the reliability of the trader.

Regulated trade with full scope of activities

If the trade of master builder is carried on as a regulated trade with a full scope of activities, the following activities may inter alia be performed:

Planning, calculation and supervising the erection of superstructures, underground construction and other related structures
Erection and demolition of superstructures, underground construction and other related structures
Development, supervision and control of projects, project management, assuming responsibility for site supervision
Raising scaffolds requiring a statistical knowledge
Within the scope of the trade license, representation of the client vis-à-vis authorities and corporations under public law
Acceptance of complete contracts as a general contractor; however, the master builder has to contract authorised traders to perform those activities that are not covered by the scope of his/her own license.
In the framework of site supervision, the master builder is entitled to accept, plan, calculate and manage services of other trades.

In the framework of site supervision, he/she may perform the activities of the following other traders:
- Producer of concrete articles
- Producer of cast stone
- Terrazzo manufacturer
- Roofer - flat roofs
- Producer of floor pavements
- Stone-wood floor layer
- Gardner
- Plasterer and drywall installer
- Thermal, cold, acoustic and fire protection insulation installers
- Caulker against humidity and water infiltration
Regardless of whether he/she is in charge of site supervision, the master builder is entitled to accept and execute orders concerning the following activities:
- producing floor pavements
- drywall installation activities
Realisation of all types of deep drilling activities
Realisation of all types of earthwork
Issuing of energy performance certificates
Relevant activities of a court expert

General requirements

General requirements for registering the trade of a master builder:

Sole traders

Citizenship:
- Austria
- EU member states
- EEA signatory states
- Other third countries: residence permit
Legal capacity: upon reaching the age of 18 years
None of the grounds of ineligibility to conduct a trade (e.g. financial criminal offence, court sentence) is applicable

A waiver of ineligibility may be granted under certain circumstances.

Companies

Entry into the Company Register or the Central Register of Associations or the like
None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offences, court sentence) applies to persons having significant influence in the company.

A waiver of ineligibility may be granted under certain circumstances.

Manager pursuant to trade law

Citizenship:
- Austria
- EU member states
- EEA signatory states
- Other third countries: residence permit
Residence in Austria or in an EEA signatory state
Legal capacity: upon reaching the age of 18 years
None of the grounds of ineligibility to carry on a trade (e.g. financial criminal offence, court sentence) is applicable.

A waiver of ineligibility may be granted under certain circumstances.

Grounds of ineligibility

The following persons are ineligible to operate a business:

Persons sentenced by a court for fraud prejudicing the interests of creditors, for injuring non-related creditors, for giving unfair preference to a creditor or for prejudicing the interests of creditors due to gross negligence provided that the sentence has not been served.
Persons having been sentenced by a court to imprisonment of more than three months or a fine of more than 180 day fines provided that the sentence has not been served.
Persons having been punished by an authority prosecuting financial crimes for committing specific financial offences and provided that the sentence has not been served.
Legal entities if bankruptcy proceedings have not been opened with legal binding force for lack of assets to cover the costs of the bankruptcy proceedings as long as this fact has not been erased from the Insolvency Database.

Special requirements

To carry on the regulated trade of a master builder with a full or limited scope of activities, evidence of professional competence is required. A certificate of professional competence proves that the person registering the trade has the professional and commercial knowledge, abilities and experience necessary to carry on the respective trade independently.

Evidence of professional competence or
Administrative decision certifying the professional competence of the individual or
Administrative decision on the recognition /equivalence of EEA certificates of professional competence of EU / EEA citizens
In the event of appointing a manager required under trade law:
- For sole traders:
  - Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)
- For legal entities and registered partnerships:
  - Either appointment for legal representation vis-à-vis third parties or
  - Employment as an employee subject to compulsory social insurance (for at least half of the weekly standard working hours)

Regulated trade with a full scope of activities

Evidence of professional competence for the trade of the master builder may be obtained in several ways. Appropriate certificates have to be submitted to prove that the respective requirements are met.

Successful completion of the university studies "architecture" or "civil engineering" or "industrial engineering and management - building trade or land and water management" or successful completion of studies in a relevant discipline at a university of applied sciences (" Fachhochschule") and
- A relevant activity of at least three years, including two years as a building project supervisor or construction foreman
- Professional competence examination or
Successful completion of the university studies "architecture" at a university of art
- A relevant activity of at least four years, including two years as a building project supervisor or construction foreman
- Professional competence examination or
Successful completion of a higher vocational school or of special types of higher vocational schools specialised in the field of structural engineering,
- A relevant activity of at least four years, including two years as a building project supervisor or construction foreman
- Professional competence examination or
Passed apprenticeship certification exam in "civil and underground engineering" or "mason" or "carpenter" or "carpentry" or "formworker" or "draftsman"
- A relevant activity of at least six years that has not been pursued in the framework of an apprenticeship, including two years as a building project supervisor or construction foreman
- Professional competence examination or
Successful completion of other vocational schools or of special types of vocational schools, including school pilot projects, focusing on training in structural engineering
- A relevant activity of at least six years, including two years as a building project supervisor or construction foreman
- Professional competence examination

Note: The aforementioned relevant activities have to include planning tasks and activities performed by following directions.

Evidence of activities performed by following directions is provided as follows:

Relevant activity as a self-employed person or as a works manager for a continuous period of six years
Note: An activity of this kind is only taken into account if it was not terminated more than ten years ago; or
Relevant activity as a self-employed person or as a works manager for a continuous period of three years if evidence of at least three years of prior training can be furnished, which is confirmed in a certificate recognised by the state or which is recognised by a competent professional or commercial institution as fully satisfying their requirements or
Relevant activity as a self-employed person or as a works manager for a continuous period of four years if evidence of at least two years of prior training can be furnished, which is confirmed in a certificate recognised by the state or which is recognised by a competent professional or commercial institution as fully satisfying their requirements or
Relevant activity as a self-employed person for a continuous period of three years if evidence of a relevant activity as an employee of at least five years can be furnished
Note: An activity of this kind is only taken into account if it was not terminated more than ten years ago; or
Specialised activity in a leading position for a continuous period of five years, including an activity of at least three years with technical tasks and responsibility for at least one department of the enterprise if evidence of prior training in the respective activity of at least three years is furnished, which is confirmed in a certificate recognised by the state or which is recognised by a competent professional or commercial institution as fully satisfying their requirements.

Architect pursuant to trade law

Upon request of the trader, the Federal Minister of Economy, Family and Youth has to recognise (by issuing an administrative decision within three months) that the trader whose license covers the right to comprehensive planning is entitled to use - in addition to the title "master builder" - the title "architect pursuant to trade law" provided that specific requirements are met.

Regulated trade with a limited scope of activities

Traders carrying on the regulated trade of a master builder with a limited scope of activities are required to furnish evidence of professional competence for the respective activity pursued.

Fees

Please kindly note, that for legal reasons the following will be in German, as only that way we can assure, that you will receive an authentic text of our information.

Juristische Person, eingetragene Personengesellschaft, Verein
- Antrag: 43,60 Euro Bundesstempel
- Geschäftsführerbestellung: 13,20 Bundesstempel
- Bescheid: 77 Euro Bundesstempel und 109 Euro Verwaltungsabgabe
- Verlautbarungsgebühr: 6 Euro
Natürliche Person
- Antrag: 43,60 Euro Bundesstempel
- Bescheid: 77 Euro Bundesstempel und 54,50 Euro Verwaltungsabgabe
- Verlautbarungsgebühr: 6 Euro