We do not like the architect's plans - resignation? Costs?

Hello, we want to build a single-family house. We have decided to hire an architect who will design our "dream house" according to our wishes. For the building area where we want to build, there is a development plan from 1989. It contains many restrictions (among others, low eaves, low knee wall of 35 cm, no dormers/gables allowed, pitched roof 38°). Strangely, other new buildings in the area had dormers as well as steeper or flatter roofs despite the same development plan, so I went to the building authority of my municipality and inquired there. The head told me that there is indeed a development plan, but it will be revised soon. Currently, for example, all roofs from 20° would be approved. Also, a knee wall of 70 cm and dormers/gables would not be a problem. With this information, we then went to an architect. The architect made a good impression on us in the initial meeting. We shared our wishes with him: about 130 sqm, 45° roof, basement with a large room for my hobbies and a utility room, 1x office on the ground floor, 3x bedrooms in the upper floor, cross gable facing the street (south), front door under the cross gable, terrace in the north, all rooms as bright as possible, floor-to-ceiling windows on the upper floor. Regarding the cross gable, I even showed him a picture of a model house to illustrate how I imagined it. He wrote everything down and said he first had to commission a surveyor to measure the entire plot and the heights. I was unsure whether that was really necessary, as I already had relatively good plans of the plot (without height information, but the plot is flat!). In my opinion, a survey would not have been necessary at least for a first draft. But well, the man has 30 years of professional experience and surely knows what he is doing... Today I received the draft of our "dream house". The disappointment and anger were great! Our "dream house" now had 160 sqm, 38° roof, no basement planned, utility room on the ground floor, no cross gable but a bay window facing west, front door on the side in the east, terrace in the south, floor-to-ceiling windows in the upper floor on the east - normal windows on the west. Regarding the missing basement, he said on the phone that it is quite expensive. Many families nowadays build without basements. About the rest, he said that one has to adhere to the development plan anyway. For me, that was a bad joke. You wait two weeks for a draft, and then the architect decides for me that I don’t need a basement because many families build without one?! I will leave the rest uncommented. My decision is clear anyway that I will rather look for someone else. But how does it look with the costs now? Do I have to pay for this nonsense? And what about the surveying costs incurred? Thank you for your help!

A few things are coming together now.

First, it would be important to find out what type of contractual relationship it is. What was agreed upon? What kind of architect is it? The biggest difference lies between independent architects (the classic image of an architect), architects working in the construction trade, and architects commissioned by third parties (who are often mistakenly regarded by clients as "their" architects). That the surveying was commissioned by the architect is unusual depending on the contractual relationship.

A survey of the property, including the heights, is important because the building must not exceed certain dimensions and heights, otherwise it would not be approved. However, an architect owes a planning that can be approved.

That the first draft is rubbish is normal. However, it makes no sense to deliver a plan that does not correspond to the client’s wishes. A discussion of the first draft by phone also makes little sense, as calibration on both sides is very important so that the planning improves in the subsequent drafts.

One point you need to clarify: The architect owes a plan that can be approved, which would not be the case if he followed your specifications.

You will probably have to pay the surveying costs; you commissioned that. Besides, these would probably have been incurred anyway.

Can you prove which specifications you gave to the architect?

Btw? Did you also discuss costs? That is not insignificant either, because the planning somehow has to fit into the budget. And then it is of no use to the architect to plan a basement if it exceeds the cost framework.

However, I would expect an architect to specifically comment on changes to the client’s wishes.

Does the architect know that the development plan is being changed? He is not fundamentally wrong, although that is a somewhat narrow view. In any case, he owes a plan that a) is approvable b) fits the budget and c) meets your specifications.

Did he confuse something there and planned the floor plan for another family on your plot? I would send an email stating your requirements again and ask him to stick to these specifications. He should just plan again, not give up after the first draft. Our first draft was worthless too. The second one was already worth going into details. And for us, the architect also organized the survey - but only after the floor plan was finalized. PS: We also have our entrance under the dormer.