Hello,
we are planning an extension of our single-family house and are currently working with an architect on the cost estimate. Yesterday, we received an offer from him for our construction project. In his fee invoice, he refers to HOAI 2009, but now I have read on the internet that HOAI 2013 is applicable.
Can someone explain to me what the differences are or whether I am better off with the older calculation method?
The Architects' Chamber NRW writes the following:
The most important changes of HOAI 2013 are:
• Significant rate increases
• Reassessment and expansion of the scope of services
• Acceptance as a prerequisite for due payment
• Many new requirements for written form
• Existing building fabric is again chargeable
• Presumption of a conversion surcharge of 20%
• Agreement on the conversion surcharge "up to" 33%
• Conversions require a "substantial" intervention
• Improvement of fees for project supervision as an individual service
The transition from the old to the new HOAI is, as already with the 2009 amendment, an abrupt cut. Until the entry into force of HOAI 2013, the old pricing applies to contracts concluded orally or in writing up to that date. For contracts concluded after the entry into force of the new HOAI, remuneration is calculated according to the new HOAI.
The transition provision of the new HOAI (§ 57 HOAI n.F.) states: "This regulation does not apply to basic services contractually agreed before its entry into force; insofar, the previous regulations remain applicable."
With regard to the rate increase of the amendment, it is advisable, after consulting the client, for contracts still to be concluded before the new HOAI comes into effect, to initially conclude only a preliminary planning contract or a phased contract with the client. These contracts allow for the possibility to agree on further services after the effective date. However, in both cases, there is no legal entitlement to further commissions by the client and thus the risk that no further order will follow after the preliminary planning or first phase.
Best regards from the Rhineland