Fee schedule for architects and engineers

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Basic data
Title: Ordinance on
fees for architectural
and engineering services
Short title: Fee schedule for
architects and engineers
Abbreviation: HOAI
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Cost law
References : 402-24-8-2-3
Original version from: September 17, 1976
( Federal Law Gazette I p. 2805 , ber.p. 3616 )
Entry into force on: January 1, 1977
New announcement from: March 4, 1991
( BGBl. I p. 533 )
Last revision from: July 10, 2013
( Federal Law Gazette I p. 2276 )
Entry into force of the
new version on: 		17th July 2013
Weblink: Text of the HOAI
Please note the note on the applicable legal version.

The fees for architects and engineers ( HOAI ) is a regulation of the federal regulating the fees for architects and engineers in Germany . The HOAI applies to all persons who work in Germany on domestic civil engineering projects, regardless of their actual training, which is clarified by the long title Ordinance on Fees for Architectural and Engineering Services.

The HOAI, which has been in force since July 2013, regulates the remuneration for the services of architects and engineers who provide planning services in the areas of architecture , urban planning and construction . This does not apply to engineers who work in the fields of environmental compatibility , building physics , soil mechanics and surveying . In addition, engineering services in the areas of mechanical and plant engineering, process engineering, and electrical engineering, which have no direct reference to the technical equipment of the building, are excluded. Only non-binding regulations were drawn up for them.

In 2015, the EU Commission initiated infringement proceedings against Germany in relation to the HOAI. As a reason for the infringement was against the Services Directive in the context of the freedom given. On July 4, 2019, the European Court of Justice (ECJ) pronounced its judgment in the infringement proceedings of the EU Commission against the Federal Republic of Germany on the binding nature of the minimum and maximum rates of the fee schedule for architects and engineers (HOAI). In it, the ECJ comes to the conclusion that these are not compatible with EU law. The federal government is now obliged to implement the judgment. As a direct consequence of the judgment, the minimum and maximum rates of the HOAI are no longer binding.

General

The HOAI is binding price law for planning services in the construction industry. Deviations are only permitted in a few defined cases. The binding force of the HOAI results from the law governing engineering and architectural services. Ultimately, the HOAI has almost the character of a law, with the result that the fixed fees can be sued. The HOAI only does not apply if planning services are provided by companies that regularly perform construction work (e.g. by general contractors as part of a comprehensive construction work). The first version of the HOAI replaced the fee schedule for architects from 1950 (“GOA 1950”) and the fee schedule for engineers from 1956 (“GOI 1956”) on January 1, 1977 .

The HOAI does not regulate which services the architect or engineer has to provide. The basic services listed in the HOAI and their demarcation from the special services are only of significance in terms of price law. The scope of the services to be provided by the architect is determined solely by the contract for work that has been concluded . Its basis is the BGB .

The fee is agreed between the client on the one hand and the architect or engineer on the other hand on the basis of the HOAI regulations. Falling below the minimum rates or exceeding the maximum rates of the HOAI are permissible according to the judgment of the EU. Unless otherwise agreed in writing when the order was placed, the respective minimum rates apply as agreed. The HOAI is also binding for persons who provide corresponding services but are not architects or engineers. The due date of the fee claim and the claim to payments on account are regulated somewhat differently from the law on contracts for work and services of the German Civil Code (BGB). The prerequisite for the due date is that a verifiable final fee invoice has been issued. However, the builder must raise objections to the verifiability of the billing within two months of receiving the invoice. Later he can no longer refer to the lack of test ability.

The amount of the remuneration is essentially determined according to the task, the degree of difficulty ( fee range ), the chargeable costs and the services provided. The services are divided into different service phases .

The HOAI is supposed to guarantee the architects and engineers an adequate fee and the builders the quality of the construction planning, tendering, awarding and property supervision. Competition should not take place on the price level, but solely on the quality of the work. The HOAI has been confirmed several times by the national courts. It is currently disputed to what extent the HOAI can be reconciled with free competition in Europe.

EU infringement proceedings

On February 28, 2019, the Advocate General submitted his final motion to the European Court of Justice (ECJ) in proceedings against Germany (Case C-377/17) on the question of the conformity of the HOAI with European law. He came to the conclusion that the binding price law of the HOAI is contrary to European law (due to a violation of the freedom to provide services). There is also no proven justification that this is necessary to ensure high quality standards or for consumer protection. That was exactly what Germany had always said - and also in those proceedings; but just cannot provide sufficient evidence, as the Advocate General now stated. The aim of the Commission in the proceedings was stated to be the elimination of all fee scales in the liberal professions in order to grant the right to freedom of establishment in Europe among freelancers.

In the opinion of the Scientific Services of the German Bundestag, however, “EU conformity” was entirely possible. In addition to this, Ms. Meiners and Ms. Vogeler, in the run-up to the seventh amendment of the HOAI in 2009, in their report: "Compatibility of the HOAI amendment with the EU Services Directive", expressed the view of the so-called Freshfields expert on the "primary law-compliant interpretation" (i.e. the priority of the higher-ranking EU contract over the EU services directive). On page 10 of their elaboration, they formulate, quote: “As a justification for restrictions on the freedom to provide services, there is also the unwritten category of 'compelling reasons of general interest' in addition to the written down under Article 55 ECT in conjunction with Article 46 ECT. It is undisputed that this also includes consumer protection. The avoidance of the rent increase and thus a design of consumer protection is a reason for the creation of the HOAI and thus the direct goal of the regulations. "And conclude:" If one follows the view of the interpretation conforming to primary law, restrictions on the freedom to provide services would be justified. "There are good arguments that already support EU conformity of the currently existing HOAI (without national restrictions, as provided for in the current amendment).

The decision in this pioneering procedure was made on July 4, 2019: The maximum and minimum rates in the fee schedule for architects and engineers (HOAI) violate the EU Services Directive passed in 2006 and the freedom of establishment in the member states of the EU. The minimum and maximum rates of the HOAI may no longer be stipulated in a binding manner; instead, the fees are to be freely agreed in the future. In order to prevent prices and quality from falling down, the Federal Chamber of Architects, the Federal Chamber of Engineers and other associations try to persuade the Federal Government or the parties to use the minimum and maximum rates to determine price ranges that should be considered appropriate for planning services in the construction industry.

HOAI (HOAI 1996/2002, version 1996, 2nd revised edition 2002 with fee rates in euros)

This version is valid for contracts that were concluded up to August 17, 2009. A revision of the 1996 version was published in 2002 on the occasion of the currency changeover to the euro .

Subareas of the HOAI

The HOAI 1996/2002 is divided into 15 parts, which contain general or project-specific regulations.

part title
I. General rules
II Services for buildings, outdoor facilities and space-forming extensions
III Additional services
IV Appraisals and valuations
V Urban planning services
VI Landscape planning services
VII Services for engineering structures and traffic systems
VIII Transport planning services
IX Structural engineering services
X Technical equipment services
XI Services for thermal building physics
XII Services for sound insulation and room acoustics
XIII Services for soil mechanics, earthworks and foundation engineering
XIV Surveying services
XV Final and transitional provisions

Work phases

Most tasks for architects and engineers are broken down into nine service phases (Lph) according to HOAI.

Eligible costs

The chargeable costs are one of the standard criteria when determining the fee for the services of architects and engineers according to the HOAI. You will e.g. B. for buildings calculated from a subject-specific cost share on the basis of the cost determinations according to DIN 276 and can therefore be different within a project depending on the planning status.

Calculation of the fee

The fee is determined from the fee tables of the sub-areas of the HOAI for the corresponding projects. The input values ​​in the tables are the chargeable construction costs and the fee range. The difficulty of planning in the specific project is assessed through the fee range. Fee zone I stands for very low, fee zone III for average and fee zone V for very high planning requirements. A minimum and a maximum rate are specified for each fee range. A quarter, middle or three-quarter rate can be agreed within these rates. The basic fee for the total service (all service phases) can be read from the fee tables or determined by linear interpolation. If only individual service phases are provided, the fee for this is determined by multiplying the basic fee with the evaluation (percentages = percentage of the total service) of the individual service phases.

The fee calculation for the individual service phases is based on the percentages, the fee zone or the fee rate within the zone and the chargeable costs. According to HOAI 1996 and 2002, the chargeable costs are still to be determined on the basis of DIN 276 from April 1981, since HOAI 2009 in the structure of DIN 276 (version: 12/2008).

The calculation of the chargeable costs takes place in the individual service phases of the HOAI according to different methods:

Cost estimate
is provided in performance phase 2 → It is used to bill the planning services that arise - as long as the cost calculation is available. It is not included in the final fee calculation.
Cost calculation
is planned in performance phase 3 (= draft planning) → The service phases 1–4 of the HOAI are finally billed after the cost calculation. That means, even if the chargeable costs change in the further service phases, the engineering fee for phase 1–4 remains unchanged. Only in the case of engineering structures and traffic systems can the contracting parties agree when placing the order that the other service phases will also be billed according to the cost calculation (attention: since the HOAI 2009 came into force, the planner's fee for all service phases is determined according to the cost calculation).
Estimate
is planned in performance phase 7 → The service phases 5–7 HOAI of parts II, IX and XI of the HOAI are finally billed according to the cost estimate (attention: in the HOAI 2009 this is regulated differently!).
Cost determination
is provided in performance phase 8 → It is the fee basis for performance phase 8 and 9 HOAI of parts II, IX and XI, as well as Part VII, VIII u. XIII for the service phases from 5 (this is also regulated differently in the HOAI 2009, see there).

If the chargeable costs are less than EUR 25,000 or more than EUR 25,000,000, the fee can be freely agreed.

In addition to the chargeable costs, additional costs listed in the HOAI can be calculated. The additional costs can be billed as a lump sum or according to individual evidence.

Services in stock

In order to adequately take into account the increased level of difficulty in the renovation of existing buildings, the HOAI provides a renovation surcharge of 20 to 80% of the fee from fee zone II (low planning requirements). Without a written agreement, the conversion surcharge is 20%.

Since the architect and engineer must also take into account existing constructions and components in his planning for services for existing buildings, for which however no chargeable costs are incurred, the HOAI provides for the existing building fabric to be adequately taken into account according to HOAI § 10 (3a). There are different types of determination to determine the value of the existing building structure. a. also take into account the age and condition of the substance. As a rule, the older the building fabric is and the less it has been maintained or renovated, the lower the costs to be taken into account. Simple determinations are made on the basis of the cubature of the building, complex ones are determined based on the component and quantity. There is literature with special tables to take age and condition into account (e.g. Ross / Brachmann).

HOAI (version 2009)

It applies to contracts concluded after August 18, 2009.

HOAI reform 2009

Due to concerns about the HOAI under European law, an amended HOAI came into force in August 2009. The first draft submitted in February 2008 had met with considerable criticism from experts (chambers, associations, specialist press, lawyers) and was withdrawn at the end of May 2008. In March 2009, a modified draft was submitted by the Federal Ministry of Economics and Technology. This draft was also criticized by experts. On April 29, 2009, the Federal Cabinet passed the 6th amendment to the HOAI. In the approved version, some other, but not all, points of criticism from the professional world were taken into account.

The Federal Council approved on June 12, 2009. Excerpt from the Federal Council resolution of June 12, 2009: "The Federal Council today approved the new fee schedule for architects and engineers (HOAI) and passed an accompanying resolution. In it, it welcomes the increase in fee rates, but at the same time calls for further modernization and editorial revision of the HOAI. He finds it problematic that binding fee rates are stipulated only for planning services. In addition, the federal states ask the federal government to provide information on the development and any necessary adjustment measures, in particular with regard to the fee structure, the service profile, the creditability according to the building fabric, and within one year of the amendment coming into force to report the regulation on property surveillance. "

The HOAI 2009 was published in the Federal Law Gazette on August 17, 2009 and was therefore put into effect the following day.

Major changes in the 2009 version

The HOAI amendment 2009 brings a multitude of changes to the fee calculation in detail, for which special literature is available. The changes that are essential for each client include a .:

  • Time fees (hourly rates) are now freely negotiable
  • As a rule, cost calculations are now the basis for the remuneration of all service phases (this means that the fees are decoupled from the actual construction costs) - alternatively, a so-called construction cost agreement can be made under certain conditions
  • The fee table values ​​have been increased by 10% compared to the 1996 version
  • The basis for calculating the fee is now the cost determination owed in the context of project processing (i.e. no restructuring of the cost determinations in the form of DIN 276 from 1981 is necessary for the fee determination)
  • For planning changes at the instigation of the client, there is now a remuneration claim regardless of the amount of effort
  • Fewer service contents are bindingly regulated (see below)
  • The systematic structure of the HOAI was changed; Object lists, special services and the services of the individual service profiles are now shown in attachments to the actual regulation text

Binding fee regulations

In the HOAI 2009, only the areas listed below in the actual text of the regulation are regulated in binding price law:

Non-binding fee recommendations, free price agreement possible

The following services that are still bindingly regulated in the HOAI 2002 will be moved to the non-binding Annex 1 of the HOAI 2009 as so-called consulting services; their fee is now freely negotiable; the information on fee determination in Appendix 1 is only a (non-binding) guide:

Free fee agreement

The so-called special services, which are not exhaustively listed in the HOAI, were already freely price-compatible in the HOAI 1996/2002. A number of services were added to them in the HOAI 2009 that were regulated in the old version. Here is z. B. the on-site supervision of civil engineering structures and traffic facilities to be mentioned (§ 57 HOAI 1996/2002). This is only mentioned as a special service for the services for engineering structures and traffic systems. A fee proposal can no longer even be found in the non-binding annex to the HOAI 2009, but only in the justification for the new fee schedule.

Services in stock

The amount of the conversion surcharge is now between 20% and 80% depending on the degree of difficulty. The HOAI 2009 expresses itself in this regard in Section 35 "Services in the inventory". Even without a special agreement, a renovation surcharge of 20% applies from fee zone II. The fee range can serve as a guide to the level of difficulty, e.g. B. using the formula: (fee zone x 20%) - 20% = surcharge according to § 35 HOAI

The approach of chargeable costs for the technical-constructive inclusion of existing building stock in the planning has been omitted, instead the conversion surcharges have been increased.

HOAI (version 2013)

On July 16, 2013, the new HOAI version of July 10, 2013 was published in the Federal Law Gazette. In contrast to the HOAI 2009, the HOAI 2013 is largely an update of its predecessor. Many changes, some of which were important, were introduced, but it was not extensively rewritten.

The significant changes to the 2013 HOAI amendment are:

  • Increase in fee rates
  • Changes to building in existing buildings
  • New service profiles
  • Change in weighting of work phases
  • Due date of the fee after acceptance
  • New fee regulations for change services

Austria

In Austria, the HOAI corresponded to the fee guidelines for civil engineers of the Chamber of Architects and Engineering Consultants (e.g. the HOA - fee guidelines for architects or the HOB-I - fee guidelines for civil engineering structures, planning and local building supervision ) - as well as the HOB - fee rules for builders of the Federal Guild of Construction. In contrast to the HOAI, the HOA and HOB were recently non-binding association recommendations of the chamber and the federal guild. These association recommendations were overridden by ordinance at the end of December 31, 2006 in order to take into account the requirements of the EU Commission and the 2005 Antitrust Act, which has been in force since January 2, 2006 and no longer provides for non-binding association recommendations. This cancellation has no effect on existing contracts based on the fee guidelines.

HIA : The HIA - Fee Information Architecture was developed and published in 2007 in order to offer the Chamber of Architects and engineering consultants suggestions for agreements on architectural services . The HIA is based on the three pillars of the catalog of services, estimation of the time required and determination of the hourly rate. The chamber provides databases and software tools for this purpose.

HOB successor : As a follow-up publication to the HOB, the Federal Construction Guild has issued the guideline for the cost estimation of planning services .

Similar fee schedules

There are similar fee schedules for other liberal professions , such as B.

literature

Comments and essays on the HOAI

  • Neuenfeld / Baden / Brückner / Taube: "Fee schedule for architects and engineers - HOAI". Loose-leaf commentary, 2nd update 2017, Verlag W. Kohlhammer, ISBN 978-3-17-033300-0
  • Frank Steeger et al. a. (Ed.): "Praxiskommentar HOAI 2013", Commentary. 2nd Edition. Verlag W. Kohlhammer, ISBN 978-3-17-023686-8
  • Burkhard Messerschmidt, "Do we need architectural and engineering contract law in the BGB?" Juris, The Monthly Magazine, 2015, 453

Application explanations for HOAI 2009

  • Manfred v. Bentheim: The new fee schedule for architectural and engineering services 2009 - practical working aids for secure fee agreements and billing according to the current HOAI . Forum Verlag Herkert, ISBN 978-3-86586-213-6 - as loose-leaf work; on the Internet at http://www.forum-verlag.com/
  • Rainer Hartmann: Fee schedule for architects and engineers (HOAI) . WEKA-Verlag, specialist publisher for administration a. Industry, ISBN 3-8111-7201-8 - as loose-leaf work; on the Internet at http://bau.weka.de/

Web links

Wiktionary: HOAI  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ↑ HOAI - Is the end threatened because of a violation of European law? | MRH Trowe. In: D&O Insurance #neugedacht. Retrieved April 20, 2019 (American English).
  2. ↑ EU Commission attacks the HOAI. iz-jobs.de, September 3, 2015, accessed October 27, 2019 .
  3. ↑ European Commission - Press release Insufficient compliance with the Services Directive in regulated professions - Commission initiates infringement proceedings against six Member States. European Commission, June 18, 2015, accessed October 27, 2019 .
  4. ↑ B. Meiners and J. Vogeler: Compatibility of the HOAI amendment with the EU service directive WD 5–3000–118 / 08. Scientific Services of the German Bundestag, 2008, accessed on October 27, 2019 .
  5. ^ Curia case law of the Court of Justice. curia.europa.eu, July 4, 2019, accessed October 27, 2019 . >
  6. ↑ ECJ "only" overturns the binding minimum and maximum rates of the HOAI - reactions from professional organizations | baulinks.de. Retrieved on July 4, 2019 (German).
  7. ↑ Heike Klovert: ECJ judgment - architects and engineers can no longer insist on minimum fees - and now? spiegel.de, July 5, 2019, accessed on October 27, 2019 .
  8. ↑ Printed matter 395/09 (PDF) Federal Council. Retrieved May 10, 2019.
  9. ^ HOAI fee schedule (fee schedule for architects and engineers) ( Memento from May 17, 2014 in the Internet Archive )
  10. ↑ Erik Budiner, Rainer Post: HOAI 2013: Modernized service profiles Deutsches Architektenblatt , September 1, 2013
  11. ^ Fee schedule for architects and engineers (HOAI) 2013 - text edition with official justification. Wolters Kluwer Deutschland GmbH, 2013, p. 159 , accessed on October 27, 2019 .
  12. ^ Austrian HOA (old) .
  13. ↑ HIA - Fee Information Architecture (Austria)
  14. ↑ Guide to the cost estimation of planning services (Austria) ( Memento from June 8, 2010 in the Internet Archive )