Property management
The property management in feature images of the object and technical planning for the fees for architects and engineers , the 9th power phase.
term
In Part 1 of VDI 4700 , property management is defined as the ninth and last service phase of the HOAI's buildings and interiors . As a note it says here, quote: "In this phase the engineer or architect checks the building again for possible defects before the warranty periods expire. [Based on HOAI]" The aim of this guideline is the unambiguous use of the terms to be used in the regulations of the Called construction and building technology.
Colloquially, facility management is sometimes equated with facility management . This is incorrect with regard to the processes described by the HOAI as a scope of services for planners in service phase 9 in comparison with the definition of facility management. There is also no indication in the relevant, German-language standards and guidelines for facility management that these two terms are to be equated.
Services in property planning
In property planning, 2 percent of the fees for building and interiors ( Section 34 ) and outdoor facilities ( Section 39 ) and 1 percent of the fees for civil engineering structures ( Section 43 ) and traffic facilities ( Section 47 ) are assessed according to HOAI. The basic services described in Annexes 10 to 13 are the same in the four service profiles of property planning:
- a) Technical evaluation of the defects identified within the limitation periods for warranty claims, but no longer than five years after the acceptance of the service, including any necessary inspections
- b) Inspection of the property to determine defects before the expiry of the statute of limitations for claims for defects against the executing company
- c) Participation in the release of security deposits
The services named in the special services category , i.e. services that have to be paid for separately, differ, however. In performance image Freianlagen following benefits are listed as:
- Supervision of development and maintenance maintenance
- Monitoring maintenance services
- Monitoring the rectification of defects within the limitation period
Services in specialist planning
The service profiles structural planning ( § 51 ) and technical equipment ( § 55 ) of the HOAI (2013 version) are summarized under specialist planning . The scope of services for structural planning only includes service phases 1 to 6, consequently no basic services are specified in Annex 14 in service phase 9. However, an example of a special service is given, quotation: "Building inspection to determine and monitor influences relating to stability".
In the technical equipment service profile, 1 percent of the fees of Section 56 of the HOAI 2013 are assessed for property management . In Annex 15 to the technical equipment service profile, the same basic services are specified in service phase 9 as in the property planning:
- a) Technical evaluation of the defects identified within the limitation periods for warranty claims, but no longer than five years after the acceptance of the service, including any necessary inspections
- b) Inspection of the property to determine defects before the expiry of the statute of limitations for claims for defects against the executing company
- c) Participation in the release of security deposits
The following are mentioned as special services:
- Monitoring the rectification of defects within the limitation period
- Energy monitoring within the warranty phase, participation in the annual consumption measurements of all media
- Comparison with the requirement values from the planning, suggestions for operational optimization and for reducing media and energy consumption
Changes in HOAI 2013 to HOAI 2009
The HOAI 2009 included a basic service for monitoring the removal of defects. The extent of the effort involved was difficult to calculate. This is why this has been deleted and given in some service profiles as an example of a special service. It can therefore be commissioned in the future, for example on a time fee basis. The newly included basic service of the technical assessment of the defects including necessary inspections ensures that the commissioned architect or engineer is available to the client in the event of defects even after the project has been completed and that claims against the damaging party are made possible. The technical assessment of the defects is primarily intended to ensure that the defect is assigned to a person involved in construction or planning from a technical point of view. An assessment with the quality and detail of an expert report is not the subject of this basic service.
With the HOAI 2009, the deadline for monitoring the removal of defects in accordance with Section 13 (4) VOB / B was set at four years. Since this does not always form the contractual basis, the deadline for the professional assessment of the deficiencies found has been adjusted to five years in accordance with Section 438 (1) No. 2 BGB.
Court judgments
Any assumption that the orally commissioned architect has been entrusted with all the work belonging to the scope of services in case of doubt does not extend to the property management. The Düsseldorf Higher Regional Court found that the property management and documentation is an additional service that has only been linked to the normal range of services for the purpose of a uniform representation of the architect's fee.
Individual evidence
- ^ Association of German Engineers eV (Ed.): VDI 4700 sheet 1 - Terms of construction and building technology . Beuth, Düsseldorf October 2015, p. 111 .
- ^ Association of German Engineers eV (Ed.): VDI 4700 sheet 1 - Terms of construction and building technology . Beuth, Düsseldorf October 2015, p. 2 .
- ↑ Annex 10 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 11 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 12 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 13 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 14 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Annex 15 HOAI - single standard. In: gesetze-im-internet.de. Retrieved December 21, 2019 .
- ↑ Printed matter 334/13: Legal text HOAI 2013 & official reason. In: hoai.de. Bundesrat, pp. 155–156, 201 , accessed on December 21, 2019 .
- ↑ Düsseldorf Higher Regional Court, September 15, 2000 - 22 U 35/00. In: dejure.org. Retrieved December 21, 2019 .
