Trades Law: Photovoltaic Installation (here: Registration Requirements and Fines)

Regulatory Shift in 2025: Rooftop PV Installation No Longer Considered a Minor Trade - Thousands of Solar Companies Face Prohibition Orders and Fines; At the Same Time, Effective Defense and Legalization Options Exist

DHKT/DIHK Classification Guidelines (amended 2025); ? 1(2), ? 5, ? 16(3), ? 117 HwO; ? 8 SchwarzArbG

Duesseldorf, June 10, 2026. The mere installation of rooftop photovoltaic systems without interfering with the roof substructure or facade construction was considered, for years, a so-called "non-craft trade" according to the demarcation guidelines agreed upon between the German Chamber of Crafts (DHKT) and the DIHK, the mere installation of rooftop photovoltaic systems without interfering with the roof substructure or facade construction was considered for years to be a so-called "minor trade"--it could be performed without registration in the trade register. In early 2025, the guidelines were amended: Roof and facade work involved in PV installation is now classified as a trade requiring a license; for quotations and overall installation, registration as an electrical engineer or in a related trade is sufficient (? 5 HwO)--however, commercial PV installation is no longer permitted without any registration whatsoever.

Risks for unregistered businesses

Prohibition and fines: There is a risk of prohibition orders under ? 16(3) HwO--typically with immediate effect--as well as fines of up to 10,000 euros (Section 117 HwO) and, for services of a significant scope, up to 50,000 euros (Section 8 SchwarzArbG), plus forfeiture of the economic benefit.

Client Liability: General contractors, project developers, and property developers also act in violation of the law if they commission unregistered installation companies and are aware of the lack of registration or are negligently unaware of it (Section 8(1)(2) of the SchwarzArbG).

Competition law: Section 1 of the Crafts and Trades Regulation Act (HwO) constitutes a market conduct regulation within the meaning of Section 3a of the Unfair Competition Act (UWG); competitors and associations are increasingly issuing cease-and-desist notices to unregistered providers.

Defense and Paths to Legality

The guidelines are not a legal norm: Whether a specific activity is "substantial" within the meaning of ? 1(2) HwO remains a matter of the individual case; the burden of proof lies with the authority. For established businesses, the principle of protection of legitimate expectations, as set forth in the guidelines themselves, also applies; in administrative fine proceedings, lack of intent for past periods and mistake as to the law may be considered. The prohibition is at the discretion of the authority--less severe measures take precedence.

Legalization: The most sustainable protection is licensing--through an employed operations manager (Section 7(1) HwO), the regulation for experienced journeymen (Section 7b HwO), an exemption (Section 8 HwO), or structural solutions with a clear division of DC installation, AC connection, and project planning.

Practical Guidance

Affected installation companies should now review their job descriptions, business registrations, and qualification status and actively pursue licensing before the Chamber of Crafts or regulatory authorities take action; project planners should verify the registration of their subcontractors with documentation. The same applies to the heat pump market.

Baiker & Richter: Representation in Trade Law

Baiker & Richter Rechtsanwaelte (PartG) advises and represents clients in administrative law--particularly in trade law - for businesses, project developers, and associations: from registration, authorization to practice (master craftsman regulation), and exemptions, through defense in prohibition and fine proceedings, to legal representation in all courts.

More about our practice areas:

https://www.baiker-richter.com/Rechtsgebiete

Baiker & Richter Attorneys at Law, PartG

Kaiserswerther Strasse 263

40474 Duesseldorf

Germany

mr@baiker-richter.de

www.baiker-richter.de

Baiker & Richter Rechsanwaelte, PartG
Kaiserswerther Strasse 263
40474 Duesseldorf
Germany

https://www.baiker-richter.com

Herr LL.M.Marcus Richter
02115865156
02115865158
mr@baiker-richter.de

Baiker & Richter Rechtsanwaelte, PartG is a nationwide law firm specializing in administrative law. The attorneys at the firm are certified specialists in administrative law.

We advise and represent private individuals, companies, craft businesses, and public authorities in complex administrative law matters--both in and out of court. Our practice focuses particularly on civil service law, water law, craft trade law (including regulations for journeymen), and subsidy law.

In civil service law, we handle, in particular, competitive selection proceedings, issues regarding fitness for duty, performance evaluations, promotion procedures, and other civil service law disputes. In trade law, we advise and represent clients on matters such as registration in the trade register, exemptions, proceedings regarding the senior journeyman regulation, notices of fines, official objections, and warnings related to trade or competition law.

Other key areas of our practice include water law permit and regulatory proceedings, as well as proceedings concerning the granting, revocation, or recovery of subsidies. Competition law disputes, particularly those related to trade law issues, are also part of our advisory and representation services.

Our work is characterized by professional specialization, meticulous legal review, and clear, client-focused representation. Our goal is to provide a clear understanding of complex administrative law issues and to consistently implement appropriate solutions.

We are pleased to serve as your competent point of contact for matters involving administrative law, trade regulations, and competition law.

This release was published on openPR.