Problems with architects - approval procedures

Hello everyone,

I am currently a bit frustrated and need to get it off my chest.

We are building a prefabricated house. The architect’s fee is set as a fixed percentage of the purchase price. So far, so good.

The house corresponds to the building plan and was supposed to be submitted under the approval exemption procedure. Our architect drew a garage with a flat roof in the building plan. It also fit well with the house on the drawing, so at first we didn’t think much about it.

A few weeks later, the architect called us saying that we would need an exception from the development plan for the garage. He told us not to worry, it wouldn’t cause any problems and would pass easily. In fact, the development plan mentions shed roofs for the outbuildings, but we trusted the architect’s word. Personally, the shape of the garage roof doesn’t matter to us at all.

Last week I submitted the documents for the approval exemption at the municipality. The responsible gentleman at the municipality told me directly that because of the exception, the approval exemption procedure was not possible. He forwarded the documents as a building application procedure.

After that, I got frustrated and still am. The garage issue was never discussed in detail. It was drawn as a flat-roof garage in the building plan without much discussion. We were assured the exception was no problem and we were happy that the whole project would go through the approval exemption procedure. Without fees and with quick planning certainty.

Right now, I feel totally fooled, especially because the architect even charged extra for the submission under the approval exemption procedure. I had already included this point in my calculation but had hoped it would be handled accordingly.

Now I hope that the approval procedure does not take too long, I am annoyed about the unnecessary fees and hope that the approval exemption will not also be charged to us by the architect. For an effort that first only consists of ticking a box in the building application elsewhere and second, is completely without result.

If he had at least briefly explained the whole legal situation to me, I would have chosen a shed roof for the garage. Then I wouldn’t even care about the fee of several hundred euros for just ticking a box in a different place in the building application. But now we have a financial and time expense for absolutely nothing...

Sorry for the frustration, but it felt good to write it down. The costs are marginal compared to the rest and we are not under time pressure. But it’s just so unnecessary... I just hope one day I will be able to enjoy the sight of my garage flat roof.

Of course, as the client, I am also to blame for not informing myself better. On the other hand, I trusted the architect’s word.

:-) I won’t say anything for now and will wait for the 11er....

The house corresponds to the building plan; it should be submitted under the approval exemption procedure. Our architect drew a garage with a flat roof on the building plan. It also fit well with the house in the drawing, so at first we didn't think much about it. A few weeks later, the architect called us to say that we need an exception from the development plan for the garage. However, we were told not to worry about it; this would cause no problems and would be approved easily. In fact, the development plan does talk about shed roofs for the outbuildings, but we relied on the architect's word.

You simply talked past each other here. The architect probably meant that the administration was more interested in "making a quick buck for their petty cash" than seriously opposing the exception. On your side, saving time (and part of the fees) was the priority, but then you should have insisted on having the garage drawn with the standard development plan roof. Any— even single and small—exception categorically excludes an exemption. To the surprise of ;-) I can well understand your frustration with the architect here. That the broken administrative simplification is as unimportant to him as the garage roof shape is to you, is, to put it mildly, "not good advertising" for the homebuilder who owes him the job with your house.

The costs are marginal compared to the rest and we also have no time pressure.

Does that mean you do not have to meet any deadlines according to the in-house delivery contract?

Does that mean, according to the house delivery contract, you don't have to meet any deadlines?

Yes, but we are well within the timeframes.

Looking back, it seems to me:

The architect noticed that the drawn flat roof garage did not comply with the development plan. For him, it was easier to fill out the exemption application than to change the plan.

The entire matter was deliberately communicated poorly.

We were poorly informed. Clearly our failure as well.

I would have wished for a little more commitment and advice from the architect's side.

It is frustrating that things are not going the way you wish, and when you have fully reproduced the communication from the architect, I recognize deficiencies there. From the way you describe it, I get the impression that you are playing a very passive role in the communication as a client and are not managing your project consistently – this is not a reproach, it is just not everyone’s thing. I may be mistaken, but I base it on this:

A few weeks later, the architect called us to say that we need an exception from the development plan for the garage. But we shouldn’t worry about it; it won’t cause problems and will pass easily.

It sounds as if you just accepted this without clarifying the scenarios.

The responsible gentleman at the municipality told me directly that due to the exception, no approval-exemption procedure is possible. He forwards the documents directly as a building application procedure.

That sounds as if you submitted the documents despite the statement and did not go through another round with the architect to explore the possible scenarios.

The issue of the garage was never discussed in detail.

This sentence is completely passive. Who exactly did not discuss the garage? Only the architect?

I feel totally spoofed right now, especially because the architect even charged extra for submitting in the approval-exemption procedure.

It is completely normal that additional services also cost something. The architect apparently does not communicate well, but he is not spoofing you. There were several reasonable opportunities to actively inform yourself and to agree on a joint approach with regard to the consequences of the scenarios.

I may come across as a know-it-all right now – that is not my intention – maybe this helps you to intervene more proactively and regulatively in your sense at further plan deviations early on. The probability is very high that there will be a series of other very similar situations that will follow the same pattern with the same behavior. The forum here is full of them.