Civil engineering society
A civil engineering society is an association of architects and engineering consultants who work on a freelance basis in engineering or natural science fields. The company can operate in Austria in the form of an open company , limited partnership , limited liability company or stock corporation . The partners must be civil engineers in authorized specialist areas and the purpose of the company must serve exclusively the permanent exercise of the civil engineering profession .
Legal basis
The legal basis for ZT companies is the Federal Law on Civil Technicians (Civil Technicians Act 1993) (ZTG). The company code (UGB) and its further regulations for the selected legal form apply. The trade regulations have no validity, in particular such a company may not carry out any executive activities. The formation of a civil society of civil engineers and tradespeople is only permitted if they are not authorized to carry out activities. Such a company is not subject to the provisions of the ZTG.
Civil engineering companies require approval from the BMWFJ ; the application for authorization is made at the locally responsible Chamber of Architects and Engineers . The ZT Society itself is a civil engineer. The applicable provisions are laid down in §29 ZTG .
Shareholders, management and representation
According to § 26 ZTG , partners may only be natural persons and other professional civil engineering companies. Tradespeople whose activities correspond technically to the authority of a civil engineer, as well as managing partners and authorized representatives or executives of such traders, may not be shareholders of this civil engineering society.
Due to the special position of civil engineers such as the ZT companies, the choice of shareholders as well as executive employees and similar restrictions are subject to, for example in ZT stock companies only registered shares are permitted and tradespeople with similar qualifications as the authorization of the ZT company are allowed in this not be a partner.
Award, company name and professional standards
The company's name must contain the addition of the civil engineering company , taking into account the general provisions, the abbreviation ZT-Gesellschaft is permitted. The civil engineering chambers to which the civil engineering societies must belong (compulsory corporation ) have, by virtue of the Civil Engineering Chamber Act (ZTKG), supervision and disciplinary authority over the civil engineering societies .
Competing commercial professions
Businesses with similar qualifications include engineering offices and master builders , both of which are regulated trades which, according to the trade regulations, require a reliability check for authorization.
Engineering offices, like ZT-Gesellschaft, may only carry out advisory activities, calculations of statically supporting parts may only be carried out by civil engineers. Engineering offices have comparable, strict professional rules as civil engineers.
Remote competitive are also exporting builder, the authorization of that trade comprises the planning, direction and execution in the construction and civil engineering . With special training qualifications , master builders may use the designation commercial architect with ministerial permission .
Notarization powers
ZT companies are considered to have public faith according to the ZPO , the public documents drawn up within the authority have the same evidential value as documents drawn up by authorities. In the context of their notarization authority, however, their own plans may not be notarized in the sense of § 14 ZTG. The limitation of the notarization authority is based on the model of the bias rules of § 7 AVG , which do not question the credibility of the notarized statements and should guarantee impartiality on the part of the notifying party.
Individual evidence
- ↑ a b c Bernd-Christian Funk, Gerda Marx, Vienna: Civil engineering certificates in the administrative procedure ( Memento from July 30, 2010 in the Internet Archive ), Austrian Law Gazette , Issue 14–15, August 5, 2002, ISSN 0029-9251
literature
- Christoph M. Achammer ; Herbert Stöcher: Building in Austria - Handbook for Architects and Engineers , Birkhäuser, 2005, ISBN 9783764372033