Certified Property Manager under § 26a WEG: Requirements, Examination and Practical Implications

Key Takeaways

The 2020 WEG reform introduced § 26a of the Condominium Act (Wohnungseigentumsgesetz, WEG), establishing for the first time a mandatory competency requirement for residential property managers in Germany: the certified property manager (zertifizierter Verwalter). Since December 1, 2023, the appointment of a certified property manager constitutes proper management within the meaning of § 19 para. 2 no. 6 WEG. This means that any individual condominium owner can demand that the community appoints a suitably qualified manager.

Certification is obtained through an examination administered by a Chamber of Industry and Commerce (Industrie- und Handelskammer, IHK). Certain professional groups – including fully qualified lawyers, real estate professionals, and persons with a university degree in real estate management – are deemed equivalent to certified managers without examination.

This article summarises the legal framework, the examination procedure, the equivalency rules, and the practical significance for homeowner associations (HOAs) and property management companies.

> Verto is certified: Our HOA management services fully comply with all requirements under § 26a WEG. We are IHK-certified and hold the § 26a WEG certification.

1. Historical Background: Why the Legislator Acted

Until 2020, managing homeowner associations in Germany required no formal proof of competency. Access to the property management profession was merely tied to a trade licence under § 34c para. 1 no. 4 of the Trade Regulation Act (Gewerbeordnung, GewO). Neither a completed vocational qualification nor a university degree was a prerequisite for obtaining the trade licence or for being appointed as an HOA property manager.

By international comparison, this was an anomaly. In Austria, for example, the Trade Regulation Act prescribes strict qualification requirements for property managers, including proof of training and professional experience.

Industry associations – in particular the German Property Managers Association (DDIV, renamed VDIV in 2022) – had been calling for years for the introduction of a mandatory competency requirement. The increasing complexity of condominium law, growing technical demands in building management, and the need to protect approximately 10 million condominium owners in Germany made a minimum qualification indispensable from the associations' perspective.

With the Condominium Modernisation Act (WEMoG) of 16 October 2020 (Federal Law Gazette I, p. 2187), the legislator chose a middle path: rather than introducing a general trade law competency requirement, it established the certified property manager as a quality standard under condominium law. Access to the profession itself remained unchanged.

2. Legal Framework Overview

The regulation of the certified property manager is based on three central provisions:

Additionally, the transitional provisions in § 48 para. 4 WEG apply.

§ 26a WEG Wording (Paragraph 1)

> *A person may call themselves a certified manager if they have demonstrated through an examination before a Chamber of Industry and Commerce that they possess the legal, commercial, and technical knowledge necessary for the activity of a property manager.*

The Federal Ministry of Justice was authorised in paragraph 2 to issue an ordinance specifying the details of the examination.

3. Timeline: From Legislation to Practice

The introduction of the certified property manager took place in several stages:

4. The IHK Examination in Detail

Jurisdiction

The examination may be taken before any Chamber of Industry and Commerce that offers it (§ 2 para. 1 ZertVerwV). There is no requirement to take the examination at the IHK of one's place of residence or registered office. However, not every IHK is obligated to conduct the examination. The Association of German Chambers of Industry and Commerce (DIHK) has published a uniform framework syllabus to ensure comparable examination quality.

Examination Structure

The examination consists of two parts:

Written Part (§ 3 para. 2 ZertVerwV):

Duration: at least 90 minutes

50 questions covering all examination subjects

May be conducted in paper form or electronically

May use multiple-choice format

Passing the written part is a prerequisite for admission to the oral part

Oral Part (§ 3 para. 3 ZertVerwV):

Up to five candidates simultaneously

At least 15 minutes of examination time per person

In practice, many IHKs examine candidates individually

Examination Content

The examination subjects are exhaustively defined in Annex 1 to the ZertVerwV and are divided into four subject areas:

The focus of the examination is on WEG law. Of the 25 questions in the legal part, 14 relate to condominium law topics according to the DIHK framework syllabus.

Assessment

The examination is passed when both the written and oral parts are each completed with at least 50 percent of the possible score (§ 5 ZertVerwV).

Retaking the Examination

The examination may be retaken an unlimited number of times (§ 6 ZertVerwV). A failed written part must be passed again before readmission to the oral part.

5. Equivalency: Who Does Not Need to Take the Examination

Not every property manager needs to take the IHK examination. § 7 sentence 1 ZertVerwV deems certain professional groups equivalent to a certified manager:

Persons deemed equivalent may, according to § 7 sentence 2 ZertVerwV, call themselves "certified managers" but do not receive a separate IHK certificate. Proof is provided through the respective graduation certificates.

Note: Civil Engineers and Related Degree Programmes

Not every university degree relating to real estate qualifies for equivalency. The focus must be on real estate management – not merely on construction technology. Degree programmes such as "Real Estate Management" are likely to qualify; civil engineering, however, does not.

6. Legal Entities and Partnerships

Property management companies organised as a GmbH (limited liability company), UG (entrepreneurial company), or partnership do not themselves receive a certificate. Under § 8 ZertVerwV, they may call themselves certified managers if the employees who are directly entrusted with HOA management tasks have passed the examination or are deemed equivalent under § 7 ZertVerwV.

Which employees are "directly entrusted with HOA management tasks" must be determined on a case-by-case basis:

Covered: are persons who chair owners' meetings or make management decisions

Not covered: are employees in purely supporting functions such as secretarial or caretaker duties

Disputed: is the classification of accountants and technicians who perform operational management tasks

7. Entitlement of Condominium Owners

Proper Management

Since December 1, 2023, the appointment of a certified property manager pursuant to § 19 para. 2 no. 6 WEG constitutes proper management of the common property. Every individual condominium owner is entitled to have such a manager appointed.

Legal Consequences of a Non-Certified Manager

The appointment of a non-certified manager no longer constitutes proper management as a general rule. The resolution is therefore challengeable – but not void. If the appointment resolution is not challenged within the time limit (one-month period, § 45 WEG), it becomes final.

Exception: Small Condominium Communities

No certified manager needs to be appointed if the following conditions are cumulatively met:

There are fewer than nine separate ownership units

An owner has been appointed as manager (self-management)

Fewer than one-third of the condominium owners demand the appointment of a certified manager

Waiver

The entitlement to the appointment of a certified manager may be waived in the community rules with effect for the future.

8. Transitional Provisions

The legislator provided for a two-stage transition to the new regulation:

Stage 1 – Applicability: § 19 para. 2 no. 6 WEG is, pursuant to § 48 para. 4 sentence 1 WEG, only applicable from December 1, 2023.

Stage 2 – Grandfathering: A person who was already a manager of an HOA on December 1, 2020, was deemed a certified manager vis-à-vis the owners of *that* community until June 1, 2024 (§ 48 para. 4 sentence 2 WEG). This transitional period has since expired.

Important: The grandfathering provision applied only to the specific community for which the manager was appointed on the reference date – not to new communities.

9. Relationship to Trade Licence and Continuing Education Obligation

No Trade Law Prerequisite

Certification under § 26a WEG is not a prerequisite for obtaining a trade licence under § 34c para. 1 no. 4 GewO. A property manager may, in principle, commence and carry out their activities without certification. Certification exclusively concerns the internal relationship between the manager and the HOA.

Continuing Education Obligation Remains

The continuing education obligation prescribed in § 34c para. 2a GewO in conjunction with § 15b MaBV – 20 hours within three calendar years – exists independently of certification and is not replaced by it. Certified managers must also continue their professional development.

10. Practical Significance

Professionalisation of the Industry

The introduction of the certified property manager is regarded as a significant step towards the professionalisation of the property management industry in Germany. Industry associations such as the VDIV have generally welcomed the introduction of a competency requirement.

Impact on the Property Management Market

In management practice, it is becoming apparent that certification is increasingly becoming a competitive advantage when acquiring new management mandates. HOAs seeking a new manager prefer a certified manager when other qualifications are equal. Market pressure is likely to make certification the norm in the long term.

Challenges for Small Management Companies

At the same time, the certification requirement poses particular organisational challenges for small and medium-sized management companies: an examination or recognised qualification is required for all operationally active employees.

11. Criticism and Open Questions

The regulation of the certified property manager has not been received without criticism in academic literature:

Quality level of the examination:: The specific design varies between IHKs. A nationally uniform examination quality is not considered guaranteed.

Equivalency under § 7 ZertVerwV:: Whether the designation equivalency is covered by the authorising provision is a matter of debate.

Lack of recognition of foreign qualifications:: The ZertVerwV contains no provision for qualifications acquired in other EU member states – a potential violation of the freedom to provide services (Art. 56 et seq. TFEU).

Proof for legal entities:: A practical solution for how management companies can demonstrate their certification to third parties is lacking.

Verto: Certified and Experienced

As a certified HOA management company in the Rhine-Main region, we meet all requirements under § 26a WEG. Our management team is IHK-certified and our management processes are designed to the highest quality standards. If your HOA is looking for a certified property manager, get in touch with us.

Contact us – we will respond within 24 hours

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*Note: This article serves as general professional information and does not replace individual legal advice. The information reflects the legal status at the time of publication (February 2026).*