Building plan not followed by architect - consequence

Hello everyone,

we are currently in the planning phase for our two-family house. We have hired an architect who is supposed to cover L1-4. The house will be built on an existing property and there is a development plan. This states that, in principle, a two-story construction is possible and that only gable and hipped roofs are approved.

Since the plot is a hillside property, our idea was additionally to integrate a granny flat in the basement level. The basement level is not supposed to be a full floor. Above that, there should be two full floors with a hipped roof. We conveyed these wishes to the architect as well, and he immediately got to work. On the third attempt, we then received our final design, which could have been submitted to the building authority as is.

Shortly before, however, the architect informed us that the preliminary inquiry at the building authority had led to some changes being implemented. The granny flat in the basement level may not be defined as living space but should be declared as storage space in the building plan. According to the architect, this is not a problem and renting it out is still possible.

I was somewhat surprised by this statement, which is why I personally sought a conversation with the person responsible at the building authority. He pointed out a point in the building plan stating that floors which are freed on the valley side due to the slope of the hill are only accepted as living space if built as a single story.

During the entire planning phase, the architect did not mention this at all and should actually have intervened already when we requested two full stories with a hipped roof and a basement level with a granny flat. Instead, the individual details were planned and adjusted, only to find out that at least the upper floor would have to be completely redesigned. In the personal conversation, the architect denied any blame.

Now I wonder who is really right here? Of course, the plan can still be adjusted, but we would have to pay extra for that, which I honestly do not see as reasonable. Furthermore, the planning would certainly have developed completely differently if we had known all the facts from the start.

How would you proceed in such a situation? Does it make sense to seek legal advice here? I am actually somewhat overwhelmed by the situation and do not want to delay the entire planning any further. On the other hand, I do not want to be the cash cow and do not see myself in the wrong either. Any tips are gladly accepted.

Many thanks and best regards,

Dieter

but for that we have to pay extra again,

Why? You charge according to HOAI, so the planning counts, not the number of drafts?!

I have read this often: clients want something, the architect tries it. Only the clients don’t ask at the office
I don’t see it that your costs are higher now, but it’s a shame about the time. However, the architect’s reaction is strange.

Since the property is a hillside plot, our idea was to additionally integrate a basement apartment in the hillside level. In doing so, the Now I wonder who is really in the right here? Certainly, the plan can still be adjusted, but we would have to pay extra for that, which I honestly do not see justified. Furthermore, the planning would have certainly developed completely differently if we had known all the facts from the start. How would you proceed in such a situation? Does it make sense to seek legal advice here?

As you wrote, you commissioned phases 1-4. Obviously, phase 1 has already failed and needs to be corrected. In other words, the architect also owes the success you pay for (or already have). So if his design (phase 1) is defective (because it cannot be approved), he must of course correct it at no additional cost to you. Or simply put: task not fulfilled! Correct it.

How did you hire them? What does the offer or contract look like? The two extremes: service phases 1-4 at a fixed price or on an hourly basis?

Architect owes an approvable design.

He did make a correction proposal. How do you evaluate this?


hOAI does not mean being able to receive countless designs. This is not an unlimited flat rate for indecisive clients.

hOAI does not mean being able to receive countless drafts. It is not an unlimited flat rate for indecisive builders

Therefore planning, no arbitrariness