New granting of a license for a profession according to the Construction Professions Act

Application for a permit for a profession according to the Construction Professions Act (for a company resident and operating in Liechtenstein)
Requirements

A distinction is made between the permit for a natural person (individual) or that for a legal entity within the meaning of the PGR or the provisions of the Construction Professions Act. Please select the legal form of the applicant at the beginning of the form, then you will be guided through the application form. The application can be submitted electronically without a handwritten signature.

Specialized qualification

The professional qualification is possessed by those who have completed a specialist training course; and can provide evidence of practical work which has been carried out continuously for at least two years on a full-time basis and which has been completed after completion of the specialist training course and during the 10 years preceding the application. As proof of specialized training, a diploma of completion of at least four years of full-time education at a university or technical college shall be submitted to the Office of Economics.

The specialized training for the following professions is differentiated according to Art. 19 Art 1 Bst. a-f der Bauwesen-Berufe-Verordnung: Spatial and settlement planner, construction manager, sanitary engineer, fire protection specialist or fire protection consultant and electrical planner.

Actual practice

According to Art. 9 of the Construction Professions Act, the managing director of a legal entity must, among other things, be actually and managerially active in the business and, in particular, must actually be active in the business premises with a workload that corresponds to the requirements of the business. For this reason, there are attendance requirements. In administrative practice, the minimum attendance requirement is assumed to be a 40% workload. The required presence is checked, for example, by specifying the degree of employment.

If the applicant resides abroad, it is weighed up whether it is possible to actually exercise the profession in Liechtenstein from his place of residence. Depending on the nationality, it should be noted that a foreign police permit as a cross-border commuter is required.

Nationality

The permit for self-employed professional practice is granted if the applicant has the nationality of an EEA/EFTA member state or Switzerland or, as a third-country national (example: USA), has had an uninterrupted residence in the country for at least twelve years and maintains this residence permanently.

Proof of reliability

The granting of a license under the Construction Professions Act is also dependent on the reliability of the sole proprietor or the managing director of a legal entity. Proof of this is provided by submitting the following documents:

The documents can be picked up at the Liechtenstein District Court without prior notification/order. Important: You must be able to identify yourself! In case of postal delivery, the cash on delivery fees will be charged additionally.

Applicants residing abroad:
Please submit the current excerpt from the criminal record (criminal record certificate, certificate of good conduct) together with the also currently valid excerpt from the debt collection register (official confirmation, excerpt from the debt enforcement register or extract from the list of debtors) for the managing director and the company, if this was not newly founded, but already existed. The documents must not be older than 3 months and must be submitted in original. The extract from the debt collection register must certify the absence of seizure over the last three years. We also accept a notarized affidavit of your freedom from debt and garnishment.

Professional liability insurance

In order to practice a profession under the Construction Professions Act, proof of professional liability insurance must be provided. The insurance must be maintained for the duration of the self-employed professional activity. The minimum sum insured shall be CHF 1'500'000.-.

Knowledge of the German language

According to the Construction Professions Act, proficiency in the German language is a basic requirement for the granting of the permit. The Commission may require a certificate to this effect as proof of the knowledge of the German language necessary for the practice of a profession.

Business establishment

For the exercise of a profession under this law, proof of a permanent establishment located in Germany must be provided. For this purpose, you must submit the relevant lease agreement and the floor plan of the permanent establishment together with the application.

Betriebsstätte

Sample lease agreement

Summary

With the fully completed application for approval of a profession under the Construction Professions Act, please submit the following documents, as described in advance:

• Proof of professional qualification: Diploma and work certificates 
• ID or passport copy of the sole proprietor/managing director of the legal entity
• Current criminal record certificate of the sole proprietor/managing director of the legal entity in original, not older than 3 months 
• Current confirmation of exemption from seizure of the sole proprietor/managing director of the legal entity over the last three years, original, not older than three months 
• If the applicant is a legal entity: employment contract between the legal entity and the managing director, indicating the degree of employment 
• If the applicant is a legal entity and this was existing (no new foundation): Current confirmation of freedom from seizure for the last three years, original, not older than three months.
• If the applicant is a legal entity: current extract from the Commercial Register, not older than 3 months
• Confirmation Office of Justice on the company or name clarification (for legal entities in formation, which are not yet entered in the Commercial Register)
• If the sole proprietor/managing director of the legal entity has a foreign nationality residing in FL: Copy of the foreigner's identity card 
• If the sole proprietor / managing director of the legal entity has residence abroad: Current confirmation of residence in the original, not older than 3 months
• Proof of the existence of liability insurance with a minimum insured amount of CHF 1'500'000.- 
• Proof of a domestic place of business: lease agreement or proof of ownership (e.g. extract from the land register) with floor plan

All documents must be submitted in German, any foreign-language diplomas, certificates of proficiency and employment certificates, etc. must be translated and officially certified.

Approval procedure

After reviewing the application you will receive the assurance or rejection of the approval for the requested profession from us. The assurance will indicate whether the documents are complete or whether additional documents need to be provided.

You will receive the final approval - provided all requirements are met - after you have registered the company in the Commercial Register. For this purpose, we ask you to send us an excerpt from the commercial register immediately after registration.

Natural persons do not require an entry in the Commercial Register and receive the permit directly if the other requirements are met. An entry obligation for natural persons exists according to Art. 44 HRV if the annual turnover exceeds CHF 300'000.-. 

Caution: Alone on the basis of the assurance, the company is not entitled to carry out corresponding activities. The assurance does not obtain an automatic legal claim to the granting of the definitive authorization. This can only be granted when all requirements are fully met. Preparatory activities may be carried out. However, this is at your own risk in the event that the permit is not granted.

In the event of a refusal, the decision of the Office of National Economy will state the reason for the decision. An appeal against this decision may then be lodged with the Government of the Principality of Liechtenstein within 14 days of service of the decision. The notice of appeal must specify the disposition appealed against and contain the grounds for appeal and the motions.

Fees

The Office of Economic Affairs charges a fee of CHF 300.- for the granting of a permit to natural persons, and CHF 600.- for legal entities as well as general and limited partnerships.