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Service phase (HOAI 1-9)

Term from the field of Law & Contracts

Service Phases 1 through 9 under the HOAI (German Fee Schedule for Architects and Engineers) structure the entire planning and construction process into nine clearly defined stages, which together cover the complete lifecycle of a construction project from the initial concept through to handover. Each phase is assigned a percentage of the total fee that reflects the relative amount of work involved. The HOAI is a pricing regulation in Germany; it sets minimum and maximum rates for architectural and engineering services.

Overview: The Nine Service Phases

PhaseDescriptionFee Percentage (approx.)
1Preliminary study2%
2Preliminary design7%
3Conceptual design15%
4Permitting phase3%
5Construction phase25%
6Preparation for contracting10%
7Participation in contracting4%
8Site supervision / construction management32%
9Project management2%

The most important service phases in detail

Phase 1 - Preliminary Planning: Here, the client’s objectives, the framework conditions (zoning plan, property, existing buildings), and the fundamental requirements are clarified. Although it accounts for only 2% of the fee, Phase 1 is the most important phase: errors in the preliminary planning carry over into all subsequent phases.

Phase 2 - Preliminary Planning: Initial concepts and variant studies are developed; cost estimate according to DIN 276. For the client, this is the crucial moment to scrutinize the project before detailed planning incurs costs. A reliable Phase 2 cost estimate should have an accuracy of ± 30%.

Phase 3 - Design Planning: The design is developed; cost calculations ensure budget certainty. This forms the basis for decisions regarding materials and design. The Phase 3 cost calculation should have an accuracy of ±20%.

Phase 5 - Construction Planning: The most detailed planning phase: construction drawings, detailed drawings, and formwork plans are created. Accounting for 25% of the fee, Phase 5 is the most resource-intensive planning phase. Errors in Phase 5 become costly on the construction site; an incomplete construction drawing forces the contractor to make their own interpretations, which rarely come at no cost.

Phase 8 - Construction Supervision: The most resource-intensive phase, accounting for 32% of the fee: The architect monitors construction, coordinates contractors, documents defects, and reviews invoices for accuracy and reasonableness. Clients who skip Phase 8 risk significant quality issues and unprotected handling of change orders.

Commissioning: Phased or Comprehensive

Architects can be commissioned on a phased basis or comprehensively for all nine service phases. For simple projects, only LP 1-4 (planning through approval) and LP 8 (construction supervision) are often commissioned. Selective commissioning without LP 8 is possible but carries a higher risk of defects. A common interim solution is random construction supervision by an independent expert who does not assume full Phase 8 responsibility but monitors critical construction phases.

HOAI 2021: Current Version and Special Features

The HOAI 2021 (current version) continues to serve as a guiding framework following the 2019 ECJ ruling, but its binding nature is disputed in some respects. The ECJ had ruled that the German minimum fee rates violate EU services law in certain circumstances. In practice, clients and architects frequently negotiate individual fee rates between the minimum and maximum rates; agreements below the minimum rate remain problematic and can render the fee agreement invalid.

Practical Tip for Property Owners in Nuremberg and Franconia

Many building owners in the region hire architects only up to the planning approval stage (Phases 1-4) and then take over construction supervision themselves-to save on fees. This often backfires: Without professional Phase 8 supervision, defects are overlooked, completion deadlines are missed, and invoices are paid without sufficient review. In the Nuremberg metropolitan region, where construction projects have become more complex due to the tight labor market for tradespeople, Phase 8 is more indispensable than ever.

We recommend at least random construction supervision by an independent expert if a full Phase 8 contract is not awarded. We are happy to connect you with certified architects and experts in Nuremberg, Erlangen, Fürth, and the surrounding Nuremberg area who offer LP 8 services, even for smaller renovation and remodeling projects.

Frequently Asked Questions

Are HOAI fees binding?

Yes, for services on properties in Germany, the HOAI serves as the pricing framework with minimum and maximum rates. In principle, billing below the minimum rate is not permitted (exceptions apply only within narrow limits, e.g., in cases of long-term collaboration). However, since the 2019 ECJ ruling, there have been debated exceptions; a lawyer specializing in construction law can explain the current legal situation.

As a building owner, can I handle individual service phases myself?

Yes. For example, you can coordinate the contracting process (Service Phases 6/7) yourself if you have the relevant experience. The architect then only needs to provide the design documents; the fee is reduced accordingly. However, building owners should realistically assess whether they have the market knowledge to professionally evaluate bids and conduct negotiations on contract amendments.

What happens if the architect makes errors in the construction planning?

The architect is liable for planning errors. If fault is proven, the client is entitled to compensation. Architects are legally required to have professional liability insurance that covers such damages. Important: The damage must be specifically proven-the client bears the burden of proof in the event of a dispute. An expert opinion is usually required.

What is the difference between LP 8 (senior construction supervision) and construction supervision?

The term “construction supervision” is used imprecisely in everyday language. In the context of the HOAI, LP 8 refers to project supervision: The architect monitors the execution to ensure compliance with plans, standards, and the construction contract, coordinates contractors, and documents construction progress. The so-called on-site construction supervision (ÖBA) refers to a service with comparable content, but one that is provided by an engineer (not necessarily the architect who designed the project) and focuses more on technical supervision.

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Important Disclaimer

The information, assessments, and legal notes in this real estate glossary serve solely as general orientation. Despite careful preparation, we assume no liability for the accuracy, completeness, or timeliness of the content. These contents do not replace individual legal or tax advice. We strongly recommend consulting a qualified attorney or tax advisor for specific matters.

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