Architect wants to bill without HOAI!

Hello!

After a long back and forth, we have decided to build our single-family house with an architect.

We had an appointment with an architect who seemed very likable and competent. However, he does not bill according to the HOAI regulations but has a different architect insurance. For the construction of the house, he sets a fee rate of 13%.

In addition, he offers support for a further 2 years beyond the construction phase.

The architect also runs a construction GmbH alongside his architectural activities.

For a single-family house measuring 9m x 12m, one and a half stories, he estimates construction costs of €400,000 (turnkey). However, his fee is not included in these €400,000. This amount does not align with our own expectations, as we are aiming more towards €390,000 including the architect's fee.

What do you think about building outside of the HOAI guidelines? What does the architect gain from this, or would we be taking a risk because of it?

Does anyone know what the billable costs under the HOAI regulation would be? How high is the percentage for the architect's fee under the HOAI?

Thanks a lot in advance for your help!

After much back and forth, we decided to build our single-family house with an architect.

We had an appointment with an architect who seemed very likeable and competent. However, he does not invoice according to the HOAI regulation but has a different architect insurance. For the construction of the house, he sets a fee rate of 13%. In addition, he offers support for another 2 years beyond the construction phase.

The architect also has a construction GmbH alongside his architectural activities.

For a single-family house measuring 9m x 12m, one and a half stories, he estimates construction costs of €400,000 (turnkey). However, his fee is not included in these €400,000. This amount does not align with our own expectations, as we are aiming more towards €390,000 including the architect's fee.

What do you think about building outside the HOAI guidelines? What does the architect gain from it, or would we be assuming a risk as a result?

The architect acts as the general contractor/general entrepreneur (GU/GÜ); you are indeed building with his construction GmbH. This means he can charge you a free fee without having to adhere to the strict provisions of the HOAI. This is similar with construction companies operating across regions, where the architectural service is included in the offer price.

Regarding the fee itself, I cannot tell you anything because I don’t know in which fee zone your construction project is located. However, the fee demanded by your favorite seems quite steep to me if the fee claim of 13% really refers to the house price.

Rhenish regards

The construction itself initially has nothing to do with the architect's payment. It does not become better or worse or cheaper or more expensive!

Look up HOAI calculator on the internet and you can calculate the range within which the architect can bill according to HOAI.

Thanks already for the helpful comments!

Can an architect who charges according to HOAI classify the construction of the single-family house as they please? Or is only the minimum to maximum rate within the respective fee zone freely negotiable?

According to the first phone conversation with another architect, he already said: Single-family houses are for us fee zone 3 maximum rate or fee zone 4 minimum rate. Isn’t that a bit premature to make a classification without knowing anything? I had rather thought of fee zone 3 - medium rate or something similar.

Is it even feasible to build a single-family house with 160m² living space and a basement (at least partially) for 1,900 €/m² living space plus €50,000 for the basement? Of course, this should then include all other costs (sanitary, electrical, house connection), except for the architect’s fee, of course.

If the architect charges according to HOAI, he cannot classify the object as he pleases, but HOAI contains a point catalog that includes this classification or level of difficulty. The scope for negotiation arises from the minimum or maximum rate. If the architect simultaneously acts as a construction company, special considerations must of course be taken into account. On the one hand, I see a "conflict of interest" in the planning of the object because he will try to plan especially cost-effectively or design the equipment simply in order to keep the offer. During construction supervision, he will also not really write defect reports and delay notices to "himself" or threaten with substitute performance. I think a turnkey offer according to drawings and construction description, including all necessary planning services, would be desirable.

Hi,
an architect cannot be a construction company and an architect at the same time. Either or.......

Regards