Can an engineer be an architect

Dipl.-Ing. for architecture: Permitted term for engineers without membership in the Chamber of Architects?

An engineer is not prevented from using his letterhead as a "Diplom-Ingenieur (TU) for Architecture and City Planning", even if he is not a member of the Chamber of Architects.

background
Professional and ethical law deals with regulations and conditions that form the framework for the professional practice of the architect.

The respective state architecture laws protect the job title of architects.

example
(according to OLG Hamm, ruling of May 13, 2004 - 4 U 140/03 -; BGH decision of January 27, 2005 - 1 ZR 113/04 - (non-admission complaint rejected))
A former graduate of the TU in C., majoring in architecture with a focus on architecture and urban planning, works as an engineer without being entered in the list of architects. Its name is "Graduate engineer (TU) for architecture and urban planning". The competent Chamber of Architects sues for an omission.

The Chamber of Architects was unsuccessful at the Hamm Higher Regional Court. With the use of the disputed designation, the engineer does not violate § 2 Paragraph 2 BauKaG NW, according to which word combinations with the professional title according to Paragraph 1 "Architect or with similar designations" may only be used by those who are authorized to use the corresponding professional title.

The engineer neither uses a combination of words with the job title architect nor one with similar names. He just uses the word "architecture". This is not a combination of words with the term "architect". Architecture has an independent meaning, namely that of building art. The engineer also makes it clear by using the word "for" that he is only referring to his academic qualifications and his field of activity, but does not presume to use the professional title of "architect". With the reference to the field of activity for which he acquired his academic degree, the defendant does not give the impression that the academic degree reads as a whole "Diplom Ingenieur TU for Architecture and Urban Development".

Note
The BGH rejected the non-admission complaint. Since the question discussed is one of the federal professional legislation and the corresponding judgments of the higher regional courts turned out differently (see also professional and professional law / .. / Dipl.-Ing. Archt.), The rejection of the non-admission complaint by the BGH appears as an indication his view on the subject. Against the background that the Federal Constitutional Court has often declared too narrow interpretations of state professional legislation to be unconstitutional in the past few years, the author is of the opinion that the line of the OLG Hamm will also prevail in the future.

References
Professional and ethical law / protection of the professional title
Professional and ethical law

Contact
For further information please contact the office:
Lawyers Reuter Grüttner Schenck