Planning single-family house - building regulations not followed

Hello everyone,
some time ago we decided to buy a plot of land to build a single-family house.

We found a plot quickly during our search and had it reserved for us without obligation.

The next step was to contact several architects and finally choose one. With this architect, we discussed our wishes and ideas (number of living rooms, country house style, garage, etc.). At this point, the architect already knew which plot it was and could therefore also review or request the building regulations.

Now we have reached a point where we do not know how to proceed. The architect planned a single-family house for us which does not comply with the building regulations for the plot without exceptional approvals or changes to the building regulations (eaves height not met). An exceptional approval according to deviation §66 Lower Saxony Building Code was rejected by the responsible council. The council would be willing for us to carry out the change of the development plan and bear the costs of the process. A significant time delay of possibly 6 months would also be added.

Our architect seems very enthusiastic and still wants to overturn this decision by the council. However, we view this overturning with great skepticism.

We have already suggested to our architect to discard the current planning and start anew, but we have not received approval for this.

Of course, we want to avoid the costs for the development plan amendment as well as the time aspect.

What can we or should we do in your opinion?

Thank you

Hello,

the architect is obliged to create an approvable design for you if you have commissioned him with this (I am not really familiar with HOAI phases).

He is your service provider and must act according to your wishes. I would also make that very clear again!

Hello,

thank you for your reply.
I am already aware that he has to act according to our wishes. Only if we now explicitly demand that he discard the planning to start over, he will be able to charge us for it completely again, right?

Hello,

I am well aware that he has to act according to our wishes. But if we now explicitly demand that he discard the planning to start over, he will be able to charge us for that completely again, won’t he?

Your architect has failed in his assignment - to submit a planning that can be approved. If he “wants” to charge money again for correcting his mistakes, you should not hesitate to inform the relevant architects’ chamber!

For fairness, however, you should point out to your architect that you will not accept another fee claim for the same service.

Our architect seems very enthusiastic and still wants to prevent this decision of the council. We look upon this prevention with great skepticism.

Then he should guarantee to you in writing that he will bear the consequential costs if his enthusiasm ends in a disaster

We have already put forward the proposal to our architect to discard the planning and start over, but we did not get approval for that.

He does not have to approve you - he must ensure that his designs are buildable. These designs must not only be based on applicable building law but also equally meet your wishes - always assuming your wishes do not conflict with building law.

Rhenish greetings

Your architect has failed in his duty to submit a planning approval that can be approved. If he "wants" to charge money again for correcting his mistakes, you should not hesitate to inform the relevant architects' chamber!

For the sake of fairness, however, you should point out to your architect that you will not accept another fee claim for the same service.

Then he should guarantee to you in writing that he will bear the consequential costs if his enthusiasm ends in a disaster

Could we now "force" our architect to discard the planning and start from "scratch"?
Because as it currently looks, he is trying by all means to get the current draft approved, even though a rejection has already been issued by the council.

Of course he tries to avoid extra work. That's normal. But whether he's allowed to do so is another matter. What I would do: kindly ask him to start over, with the note that you will not bear any additional costs. If he refuses, report to the [Architects' Chamber] and look for a new architect. As for the legal situation, a construction law attorney can certainly inform you.