LawyerProf. Dr.  Hans Rudolf  Sangenstedt (bis 2024), Legal advisor in Bonn
Magazine
Our information service for you
Samstag, 12.09.2009

Series of articles on HOAI: The general part



from
Prof. Dr. Hans Rudolf Sangenstedt (bis 2024)
Lawyer

Give me a call: 0228 - 972 798 203
E-Mail:

In Part I of the old HOAI, the general provisions that applied to Parts II to XIV were summarized. In fact, however, general principles of remuneration had been developed from Part II, services for fees, free facilities and room-forming extensions. This is no longer the case in the new general part of the new HOAI. In the old HOAI, Part II provided the templates for a large number of general provisions that also applied to the other parts of the HOAI and thus to the other services, e.g. For example, the principles for determining the chargeable costs, the surcharges, repeated services, the temporal separation of the execution, orders for several objects, individual services for objects, etc. Part II of the old HOAI was almost a "secret general part" for the remaining parts.

The new general section claims to provide consistent principles for all legally regulated fee bases.

Since the new HOAI in its general part therefore applies to all planners, who previously always found references back to the object planning part in the HOAI parts assigned to them, here is a systematic compilation of old and new regulatory principles in the general part, which are applied throughout. Added to this are the respective special bases for the fee in Parts 2-5, which are assigned to the individual services.

 

 

Content of the regulation

HOAI General Part, old

HOAI General Part, new

Scope of application

  • 1
  • 1, unchanged. Fee regulations apply to anyone who provides services on a special contractual basis that are regulated by the fee structure in the HOAI. The fees are binding on everyone. Architect or engineer status not required

Definitions

  • 3, Nos. 1-12
  • 2 no. 1-19, amended in detail, supplemented by no. 12 def. generally recognized rule of technology no. 13 def. cost estimate, no. 14 def. cost calculation, no. 15 def. fee zones

services and service profiles

  • 2

Sec. 1: Breakdown of services into basic services and special services

(2) Basic services and work phases

Para. 3: Definition of special services

  • 3

Para. 1: Binding fee regulation, exception of consulting services in the appendix

Sec. 2: Definition of services, distinction from changes, performance target, scope of services, service process and remuneration

Para. 3: Special services, free fee agreement

Paragraph 4: Definition of the general structure of the services in LPh 1-9, exception Paragraph 5, service profile of structural engineering, LPh 1-4, Paragraph 6, service profile of area planning in LPh 1-5

Section 7: Evaluation of service phases in %

Para. 8: Requirement to discuss each service phase with the client

Chargeable costs

  • 9 para. 2 VAT not part of the final account
  • 10 para. 3: Fiction of local prices
  • 4: Definition of above-average costs or customary local prices or cost regulations based on DIN 276, in each case excluding VAT.

Sec. 2 Fiction of local prices

 

Fee zones (HZ)

and point catalog within the individual services in parts II to XIII

  • 5 para. 1: Def. HZ for object, urban development and structural planning I-V from very low planning requirements to very high planning requirements

Para. 2: for landscape plans, planning, technical equipment HZ I-III from low planning requirements to high planning requirements

Para. 3: for green space allocation plans and landscape framework plans, HZ I, HZ II, average to high planning requirements

Paragraph 4: Reference to examples of rules and assessment points in the respective performance profiles of Parts 2-4

Principles of Fees

  • §10 Section 1, 52 Section 1, 62 Section 1, 69 Section 1, 78 Section 2, 89 Section 2, 92 Section 2, 97 Section 1
  • 6 Abs. 1: Def. der Honorarparameter, a. K., Flächen oder Verrechnungseinheiten, Leistungsbild, Honorarzone, zugehörige Honorartafel, Bestandsleistungen nach §§ 35, 36

(2): Fee basis: cost estimate or cost calculation or written determination of a building cost agreement

Content of the regulation: Fee agreement

  • 4 Abs. 1 written agreement when the contract is awarded between the minimum and maximum rates

(2) Deviation from the minimum rate in writing in exceptional cases plus written agreement when the order is placed (paragraphs 1 and 4)

para. 3 deviation from maximum rates in writing for exceptional services or services that take an unusually long time

4.4 Definition of the minimum rate if the written form is not provided at the time the order is placed

  • 5 para. 4 a
  • 7 Abs. 1: written agreement between minimum and maximum rates when the contract is awarded

Para. 2: a. K. outside the blackboard values free fee agreement

Section 3: Written agreement to charge below the minimum rate in exceptional cases

Para. 4: The maximum rates may only be exceeded by written agreement for services that last for an exceptionally long time

Para. 5: written fee adjustment obligation in the event of a change in the scope of services, a change in the a. K. during the term of the contract

Para. 6: Minimum rate in the absence of a written agreement at the time the order is placed

 

 

 

 

Para. 7: like § 5 para. 4 a: contingency fee for exploiting technical and economic solutions 20% of the agreed fee if agreed in writing, new penalty fee up to 5% of the agreed fee if a fixed fee is agreed

Calculation of the fee in special cases

  • 5 para. 1, para. 2
  • 8 (1): identical § 5 old (1)

(2) identical to section 5 (2) of the old version

Calculation of the fee for commissioning individual services

  • 19 Abs. 1, Abs. 2 with fee increase possibility for preliminary planning and design planning, also § 58, § 75 as before + construction supervision
  • 9 Abs. 1: Fee increase possibility for preliminary and draft planning at the maximum rate, basic evaluation and preliminary planning for urban development plans, buildings, space-forming extensions, open spaces, engineering structures, traffic facilities and technical equipment

Paragraph 2: Option to increase the fee for construction supervision as a single service for buildings.

Para. 3: preliminary version of landscape plans or land-use plans, increase from 50 to 60%,

 

several preliminary or draft plans

  • § 20, 52 para. 8, 69 para. 7
  • 10: several preliminary designs for the same property based on fundamentally different requirements trigger a contractual obligation for the full percentage rates for these work phases; for each further preliminary and draft design, a pro-rata percentage of the corresponding services

Contract for several properties

  • 22 Fee reduction for identical, mirror-image or essentially similar buildings that are constructed under the same conditions in a temporal and local context or buildings according to type planning or series constructions in accordance with § 52 (8), 69 (7)
  • 11 para. 1: Aggregation of the final costs for properties with largely comparable property conditions, the same heating system, built in the same time and location, planned, operated and used as part of an overall measure.

Para. 2: essentially similar objects that are planned and constructed in a temporal and local context under the same structural conditions or objects of type planning or series construction, repetition 1-4, fee reduction for service phases 1-7 50%, from the 5th to 7th repetition 60%, from the 8th repetition 90%

Para. 3: Application of para. 2, even if services under the contract were already the subject of another contract between the parties, even if there is no temporal or local connection

para. 4: Non-application to area planning

map sections

  • 12 Fee restriction to the calculation of the processed plan section

Interpolation

 

  • 13 Principle of linear interpolation of fees for the a. K.

ancillary costs (NK)

  • 7 para. 1:

Written agreement of exclusion of reimbursement possible when the order is placed

  • 14 (1): unchanged as in § 7 (1)

Para. 2: Definition of non-insured events as in § 7 Para. 2, excluding No. 8

Para. 3: unchanged as in § 7 Para. 3, detailed statement, flat-rate agreement, written form for placing orders,

Payments

  • 8 (1): Regulation of due date, contractual performance, verifiable final fee invoice, handover

(2) Right to advance payments for proven services

(3) Service charge based on records provided, provided that no other written agreement exists

(4) Other payment methods can be agreed in writing.

  • 15 Abs. 1: unchanged

Para. 2: Progress payments only if contractually agreed, at appropriate intervals, for proven services

Para. 3: unchanged as § 8 para. 3

(4) Unchanged as § 8 (4)

Value added tax (VAT)

  • 9 (1): Entitlement to substitute value added tax on fees and on net fees reduced by input tax

(2): VAT is not part of the final costs as the basis for calculating the fee

  • 16 (1): VAT on fees and NK

(2) Reimbursements can be passed on without affecting the fee, including VAT.

 

The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.