the Federal Council on 12 June 2009 brought in by the federal government's draft of revising the HOAI agreed. This is the 6th HOAI novella complete. The HOAI enter into force one day following the announcement in the Federal Law Gazette. This is the end of July to be expected.
The main changes in the HOAI.
contrast to the recent amendments to the HOAI there will be no transitional regulation. The HOAI 2009 applies only to those contracts that were concluded after its entry into force. For previously signed contracts continue to apply HOAI 1996, as amended 2002nd
Attention: oral agreements are binding.
is an important substantive revision. that the HOAI only for object-and space planning and the performance of structural design and technical equipment includes binding prices. For the benefits of building physics, the noise protection, soil and foundation engineering and surveying, the parties are free to take fees. In the appendix, two honorary plaques found for these services, but these are to be regarded only as a recommendation.
must also note the parties to the contract in future planning, that the fee is determined on the basis of mutually agreed costing. There is a mandatory part in no way to calculate the fee based on the cost of the attack on established costs. Changes in the course of the planning process of the responsible Scope of services at the request of the client with the result of the change of eligible costs to the fee underlying agreement by written agreement adjust. The planner should then connect immediately with cost increases in contact with the client to obtain a fee adjustment.
The existing buildings should be noted that in the future not the jointly building with the determination of the eligible costs must be considered. As compensation, the legislature has given the option to make an alteration charge up to 80%. The planner must then calculate the charges and agreed early on in the necessary restructuring charge. If no agreement taken for the conversion surcharge, the fee applies as from Zone II in any case an increase of 20%, but this can not in any particular case are sufficient.
Other new features:
The table values \u200b\u200bare increased by 10%
The hourly rates to be freely agreed
For costs below, a bonus of up to 20% be agreed for cost overrun penalty of up to 5%
The special services can be found in a non-binding annex. A fee may be freely agreed.
The HOAI regarded as so-called national scheme only for companies based in Germany. This is the conformity with the EU Services Directive given.
Peter Wohlfarth
expert for damage to buildings
