Schedule of Fees (HOAI)

Fee Schedule (HOAI) - The Fee Schedule for Architects and Engineers (HOAI) is a German federal regulation that establishes the framework for the remuneration of planning and supervision services in construction projects. Since the 2019 ECJ ruling, the fee rates contained therein serve as guidelines rather than binding minimum and maximum rates.

Structure and Service Phases of the HOAI

The HOAI divides architectural and engineering services into nine service phases (LP) that cover the entire planning and construction process. LP 1 (Preliminary Planning) encompasses the initial assessment and definition of objectives. In LP 2 (Preliminary Design) and LP 3 (Design Planning), concepts are developed and fully planned out. LP 4 (Permit Planning) serves to prepare the building permit application documents. LP 5 (Construction Planning) provides the detailed construction drawings for the job site. LP 6 and LP 7 concern the preparation and participation in the contracting process, i.e., the tendering and evaluation of contractor bids. Phase 8 (Site Supervision/Construction Management) is the most significant phase, accounting for approximately 32 percent of the total fee-here, the architect oversees the construction work. Phase 9 (Project Support) concludes with documentation and defect monitoring after completion.

The fee is calculated based on the billable costs-in simple terms, the construction costs of the project-as well as the fee zone, which reflects the level of difficulty. There are five fee zones, with a standard residential building typically falling into fee zone III or IV. The higher the billable costs and the more demanding the design task, the higher the fee.

Prior to the ECJ ruling of July 2019, the minimum and maximum rates of the HOAI were binding. The European Court of Justice declared this binding nature to be contrary to European law. Since then, architects and clients have been able to freely agree on the fee. However, the HOAI tables continue to serve as a standard industry guideline and are referenced by courts in disputes.

What Applies Following the ECJ Ruling

Since the ruling, there are three possible scenarios in practice: Either the architect and client explicitly agree on a fee (lump-sum fee, hourly rate, or HOAI-based fee), or there is no agreement-in which case local standard rates apply, with courts using the HOAI as a reference. In practice, this means: A clear written agreement is more important today than ever before.

Significance for Construction, Renovation, and Redevelopment

For property owners, the HOAI is particularly relevant when they commission an architect or engineer to provide planning services-whether for a new construction, a renovation, or a remodeling project. Those who do not require all nine service phases can commission individual phases. For existing properties, only Phases 1 through 4 (planning through approval) are often contracted out, while the owner either takes on construction management themselves or hires a separate construction manager.

We recommend setting out the exact scope of services and the fee agreement in writing before signing the contract, as the HOAI has not specified binding rates since 2019 and renegotiations become difficult without a clear agreement. Pay particular attention to: which service phases are commissioned, whether third-party planning services (e.g., structural engineers, MEP planners) are included in the fee or billed separately, and how cost overruns are handled.

Practical Tip for Nuremberg and Franconia

In the Nuremberg metropolitan region, construction costs-and thus the billable costs for HOAI calculations-typically fall in the mid-to-upper range of nationwide comparative values. Anyone building or renovating in Nuremberg, Fürth, or Erlangen should obtain several fee quotes and compare them using the HOAI tables.

The Bavarian Chamber of Architects offers a free initial consultation, which we recommend as a starting point. Especially when renovating historic buildings from the Wilhelminian era-such as in Nuremberg’s Südstadt or Fürth’s city center-it is worthwhile to commission an experienced architect for all relevant project phases, as dealing with existing structures and historic preservation requirements demands specialized planning expertise. We recommend that owners discuss the budget openly with the architect as early as the planning phase-good architects help make planning decisions in a way that keeps construction costs within budget.

Frequently Asked Questions

Is the HOAI still relevant following the ECJ ruling?

Yes. Although the minimum and maximum rates are no longer binding, the HOAI continues to serve as a recognized framework for guidance. Courts refer to the HOAI tables when no valid fee agreement has been reached. We recommend using the HOAI values as a basis for negotiation and justifying any deviations in writing.

Can I commission individual service phases separately?

Yes, this is common practice and permissible. Many clients initially commission service phases 1 through 4 and then decide whether to also have the same architect handle the construction planning and site supervision. However, changing planners between phases can lead to friction and additional costs.

What are typical architect fees for a single-family home?

With billable costs of 400,000 euros and fee zone III, the HOAI guideline fee for all nine service phases is approximately 50,000 to 65,000 euros. The actual amount depends on the agreed fee rate, the scope of services, and any possible surcharges or discounts. We recommend always considering the fee in relation to the total construction costs-good planning typically saves many times the architect’s fees during construction.

Does the HOAI also apply to interior designers and landscape architects?

Yes. The HOAI applies not only to building architects but also to interior designers, landscape architects, and engineers (e.g., structural engineers, MEP designers). For engineering services, there are separate fee schedules within the HOAI that are tailored to the respective scope of services.

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