Series of articles on HOAI: Parts 2, 3, 4, 5; Annexes 1 - 14

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The further provisions that go beyond the general part 1 of the HOAI are divided into 4 further parts (parts 2 – 5).

Parts 2-4 regulate the fee parameters that, together with the general part 1, determine the amount of the fee for the services defined in the service profiles. The fee calculation system does not have to be adhered to, but it is crucial that the fee amount lies within the permissible range between the minimum and maximum rates when calculated using the fee parameters. Part 5 regulates the transition from the old to the new HOAI.

In addition, the new HOAI has an appendix that is divided into 14 sections. Section 1 records the old services that are no longer included in the new HOAI. In no. 2, the special services no longer included in the new services are listed. These have therefore also been dropped from the old HOAI. Under no. 3, object lists have been drawn up that must be consulted when determining the fee zone (§ 5 para. 4 HOAI). The basic services for the service profiles in parts 2 – 4 are defined under nos. 4 – 14. The basic services are now referred to as services. A corresponding reference to the appendices can be found in each of the service profiles.

Parts 2, 3 and 4 contain the fee scales for the services for which fee regulations are mandatory. These parts of the HOAI thus bindingly regulate the service content and the assigned fee via the fee parameters of § 6 Abs. 1 HOAI, a. K. (for area planning, area sizes or billing units), scope of services, fee zone and fee table. For services in existing buildings, surcharges are added in accordance with §§ 35, 36 HOAI, insofar as objects are affected according to § 2, no. 1 HOAI. So basically always, naturally not for area planning, but for buildings, room-forming extensions, open-air facilities, engineering structures, traffic facilities, supporting structures and technical equipment. The minimum rate also applies to parts 2, 3, and 4, so that if services from these parts are commissioned, the respective HOAI minimum rate applies, unless a different, i.e. higher, rate has been agreed when the contract is awarded (Section 6 (2), (6) HOAI).

Services provided with non-binding prices have been included in the appendix of the HOAI and are listed there as "consulting services" under nos. 1. - 1.5.8. These include the services that were dropped from the old HOAI. These services also have fee tables that have been increased by 10%, as was the case with the binding services. The "consultancy services" are intended to provide orientation values for the fee parameters, a. K., scope of services, fee zone, fee tables with respective minimum and maximum rates. It is not clear whether calculation according to these parameters at "usual prices" according to § 634 para. 2 BGB leads to the conclusion that these prices were previously prescribed and that a custom has not been established at all.

Special services of the plant under point 2 ff. are only remunerated in the case of a written fee agreement when the order is placed, §§ 3 para. 3; 1 para. 1, 6; Appendix point 2 ff. Whereby the amount of the fee for the special services can be freely determined. The appendix 4 – 14 contain the respective basic services of the service profiles. In the service profiles of parts 2, 3 and 4, only the LPh´s are listed, but not the basic services. 

Content of the regulation, scope of services, basic services, special services

HOAI old Parts II – XII,

HOAI new Parts 2, 3, 4: Annex 1. – 1.5.3; Annexes 4 – 14, Annex 2

Project planning for buildings

outdoor facilities and space-forming extensions

• 15
• 33, buildings, space-forming extensions, basic services, Annex 11, special services: Annex 2.6
• 38, Outdoor facilities, special services: Appendix 2.7

Expert opinions and valuations

• § 33, 34

No regulations

land-use plan

Development plan

• 37
• 40
• 18, land-use plan, basic services: Appendix 4, special services: Appendix 2.1 ff.
• 19, development plan, basic services: Appendix 5, special services: Appendix 2.2 ff.

Landscape plan

Green space plan

Landscape framework plan

Environmental impact assessment

Landscape management plan

Maintenance and development plan

• 45 a
• 46
• 47

• 48 a

• 49 a

• 49
• 23, Basic services: Appendix 6, Special services: Appendix 2.3 ff.
• 24, Basic services: Appendix 7
• 25, Basic services: Appendix 8, Special services: Appendix 2.4 ff.

Consulting services: Appendix, Section 1.1 et seq.

• 26, Basic services: Appendix 9

• 27, Basic services: Appendix 10, Special services: Appendix 2.5

engineering structures and transportation facilities

• 55
• 42, Basic services: Appendix 12, Special services: Appendix 2.8 ff.
• 46, Basic services: Appendix 12, Transportation facilities, Special services: Appendix 2.9 et seqq.

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.