Architect wants to bill without HOAI!

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

Why not?

Because the architect must strictly adhere to the HOAI. There is no way around that. He cannot sell a house at a fixed price like a contractor does. So if an architect sells a house for, say, 200,000 euros, then he is a general contractor/general entrepreneur/installment contractor and not an architect, although he can of course be a trained architect.

But since he is building the house with his own construction company, there may be agreements between him and the GmbH. He is – as already noted by Bauexperte – more of a general contractor/generalübernehmer. That is not an unusual constellation. The question that arises for me is that of the contracts to be concluded. This should be carefully examined in advance...