English
Free Trade vs. Regulated Trade
GewO §5 & §94
Verified: April 2026
This is the most important distinction when starting a business in Austria. It determines whether you can register immediately or need to prove professional qualifications first.
Comparison Table
| Criteria | Free Trade | Regulated Trade |
|---|---|---|
| Qualification needed? | No | Yes (exam, education, or experience) |
| Number of trades | Unlimited (any lawful activity) | Exactly 75 (listed in §94 GewO) |
| Registration cost | €0 (free) | €0 (free) |
| Exam fees | None needed | €0 (covered by government since 2023) |
| Start immediately? | Yes | Yes (except reliability trades) |
| Examples | IT services, trading, consulting | Restaurants, electricians, hairdressers |
| Legal basis | §5 GewO | §94 GewO (complete list) |
Free Trades (Freie Gewerbe)
Any business activity that is not explicitly listed as regulated is a free trade. You can register and start working immediately without any proof of qualification.
Common examples:
- IT services (web development, software, hosting)
- Trading (import/export, online shop, wholesale)
- Office services (bookkeeping assistance, translation)
- Creative services (graphic design, photography, writing)
- Cleaning services (not building cleaning!)
Regulated Trades (Reglementierte Gewerbe)
Exactly 75 specific professions are listed in §94 of the Trade Act. These require proof of professional competency before you can register.
4 paths to qualification:
- Master Exam (Meisterpruefung) — for craft trades
- Qualification Exam (Befaehigungspruefung) — trade-specific
- Individual Assessment (§19) — based on work experience
- Qualified Manager (§39) — hire someone qualified
Special category: Reliability Trades (Zuverlaessigkeitsgewerbe)
A few regulated trades require additional reliability assessment before starting.
These include security services, chimney sweeps, funeral services, and building contractors.
You must wait for official approval — you cannot start immediately.
Common Misconceptions
Myths vs. Reality
- "Kleingewerbe" (small trade) — This term does NOT exist in Austrian law. It refers to the tax-free threshold (€22,000/year USt exemption), not a trade type.
- "I need a degree" — Not necessarily. The individual assessment (§19) allows qualification through work experience alone.
- "Registration costs money" — No. Trade registration in Austria is completely free. Even exam fees are now covered by the government.
- "I need a physical office" — Not always. Many trades can be operated from home or without fixed premises.
Related Guides
Translation Status: UNOFFICIAL
This English version is for orientation only. The legally binding version is exclusively
the German text of the GewO 1994.
General guidance only, not legal advice. Last verified: April 2026.
Deutsche Version →