The planning for an 18 sqm extension is expected to cost €35,000

  • Erstellt am 2014-12-08 08:14:27

sunny46

2014-12-08 08:14:27
  • #1
Hello,
I hope you can help us. We have the feeling that we have received a completely excessive architect's invoice.
A year ago, we bought a semi-detached house (110 sqm) that is to be completely renovated inside. Since there are no load-bearing elements inside, no building application was necessary. However, the lender wanted confirmation from an architect regarding our self-prepared cost estimate for our own work. Thus, we verbally commissioned an architect. On site, 2 A4 sheets were to be signed. Unfortunately, we do not know exactly what was on them, as we never received a copy. He told us that this was necessary so that he could measure the house. We pointed out to him that we did not need an architect for the renovation of the house, but only for the lender to receive confirmation of the self-performance estimate at first.
He subsequently approved our self-performance schedule. We then verbally commissioned him for the 18 sqm planned extension (3 new exterior walls, 1 door breakthrough into the house’s exterior wall & flat roof, which does not interfere with the existing roof).
Since we applied for a building permit for this, the planning was necessary. Days later, we received the floor plan drawings, but not only for the extension, but for the entire ground floor and upper floor of the house.
The building application folder was created and sent to the building authority. The entire folders were returned with the note that only a building notification was necessary.
At the same time, the first architect’s invoice came in at around €6,500. After the initial shock, we contacted the architect and wanted to know how high the final invoice would be. He replied approximately €8,500. We had not expected such a high amount. For the planned €8,000 extension, planning costs of €2,500 were budgeted.
Beforehand, we had asked him several times about the planning costs we should expect. He never gave an approximate sum, but only said he was bound by the HOAI regulations.
After this invoice, we immediately verbally terminated the "contract". And asked him to issue an invoice for the costs incurred so far. We commissioned a new architect. He prepared the missing documents requested by the building authority and, after approval, performed the necessary steps. He issued a reasonable invoice for his services and the extension was completed. We have not yet received a final invoice from Architect No. 1. After weeks, we received a letter from a law firm asking us to submit the missing documents for the building notification and to pay the fee. But we had no invoice. A few days later, we then received the final invoice again from the law firm, this time amounting to €35,000. We were very shocked. This invoice includes our entire house purchase, renovation, and the extension. Not to mention that he was never commissioned for that. This amount is really out of proportion, isn’t it? The house purchase and renovation cost us €150,000. And then this architect’s invoice for services not rendered? What can we do?
 

Icemann

2014-12-08 08:20:28
  • #2
Lawyer, very quickly!
 

Koempy

2014-12-08 08:59:49
  • #3
Basically, to the lawyer.

The architect included the value of the house for the renovation because, according to HOAI, he is allowed to do so.
You probably signed an architect contract for the construction.
For the calculation of the fee, he probably also included your own contributions. And he is allowed to charge a 30% difficulty surcharge because it is an old building renovation.

We also obtained various offers from architects for a renovation. That was a renovation volume of 120,000 euros. The range of fees was from 10,000 to 40,000 euros.

So be very careful. And do not sign anything you have not read.
 

Koempy

2014-12-08 09:19:48
  • #4
I just fired up a HOAI calculator.

If it has calculated all phases 1 to 9 for you, theoretically the calculation could look like this:

Table § 35 para. 1 Building
Chargeable costs: 150,000.00€
Fee zone: III
Fee rate: Mittel rate
Services rendered: 100% = 24,219.00€
Surcharge: 30% 7,265.70€
Time-based fee 55.00€
Net fee: 31,539.70€
19% VAT 5,992.54€
Gross fee: 37,532.24€
 

Manu1976

2014-12-08 10:01:05
  • #5
Uarg, why are you signing something without reading it? If you have signed a contract for the entire house, you probably drew the short straw. Verbal side agreements do not count. I would also strongly advise you to see a lawyer, maybe you can still agree on a settlement.
 

Bauexperte

2014-12-08 11:32:04
  • #6
Hello,


That is already not correct. The walls around the stairwell are load-bearing and probably other walls on the ground floor as well.


It is pointless to speculate about what you agreed verbally. Only your signature, under whatever document, counts. The law clearly states that ignorance is no excuse!


Strange building authority. The difference between a regular building application and a simplified approval procedure (building notification) consists of a tick ?!?


With that he named your billing amount; he probably assumed that you know the HOAI. Not so uncommon these days.


A new contract without having officially terminated the old one ...?


Nice lesson to learn ...


Before you throw "good" money after "bad" and immediately hire a lawyer, I would recommend that you first contact the mediation office of the architects’ chamber responsible for you! First see if you can find a solution through this channel. If not, then you can still hire a lawyer.

I do not think you will get out of the contract without "bruises"; contract, because even verbal commissioning is equivalent to a contract. The interesting question is how much your compensation for distress will amount to. However, it is first essential to know the exact wording of the commissioning.

Best regards from the Rhineland
 

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