ᐅ Site development plan not followed by architect – consequences

Hello everyone,

We are currently in the planning phase for our two-family house. We have hired an architect who is supposed to cover work phases L1-4. The house will be built on an existing property, and there is a development plan. This states that, in principle, a two-story construction is possible and that only gable and hipped roofs are allowed.

Since the plot is a hillside property, our idea was also to integrate a granny flat in the basement level. This basement level is not intended to be counted as a full floor. Above it, there should be two full stories with a hipped roof. We shared these ideas with the architect, who immediately started working on them. After the third revision, we received our final design, which could have been submitted to the building authority.

Shortly before that, the architect informed us that the preliminary inquiry with the building authority had led to some changes. The granny flat in the basement level is not allowed to be defined as living space but must be declared as storage space in the building plan. However, renting it out should still be possible, according to the architect.

I was somewhat surprised by this statement, so I contacted the person responsible at the building authority myself. He pointed out a detail in the development plan stating that floors that become exposed downhill due to the slope are only accepted as living space if the building is single-story.

Throughout the entire planning process, the architect did not mention this point and should have intervened when we expressed our wish for two full stories with a hipped roof and a basement level with a granny flat. Instead, the individual details were planned and adjusted, only to find out later that at least the upper floor would need to be completely redesigned. During a personal meeting, the architect denied any responsibility.

Now I wonder who is really in the right here? Of course, the plan can still be adjusted, but this will cost us extra, which I honestly do not find reasonable. Furthermore, the planning process would certainly have developed completely differently had we been fully informed from the start.

How would you proceed in such a situation? Does it make sense to seek legal advice here? I am somewhat overwhelmed by the situation and do not want to delay the planning any further. On the other hand, I also do not want to be the one paying all the extra costs and do not believe I am in the wrong. Any advice is very welcome.

Thank you very much and best regards,
Dieter

ChipChip schrieb:

but for that, we have to pay extra again,

Why? You are billing according to HOAI, where the planning counts, not the number of drafts, right?!

I have often read that homeowners want something, the architect tries it out. It’s just that the homeowners don’t check with the authorities.
I don’t see your costs increasing because of this, but it’s a pity about the time. The architect’s reaction is strange, though.

ChipChip schrieb:

Since the plot is on a slope, our idea was to also include a basement apartment in the lower level. However,
Now I’m wondering who is actually in the right here? Of course, the plan can be adjusted, but that would mean additional costs, which I honestly don’t agree with. Furthermore, the planning would probably have turned out completely different if we had known all the facts from the start.
How would you proceed in such a situation? Does it make sense to seek legal advice here?

As you mentioned, you commissioned design phases 1-4. It seems that phase 1 already went wrong and needs revision.
In other words, the architect is responsible for delivering a successful result, for which you are paying (or have already paid). So if his design (phase 1) is flawed (because it is not approvable by the building authority / planning office), he must correct it at no extra cost to you.
Put simply: task not fulfilled! Must be revised.

How did you hire them? What does the offer or contract look like?
The two extremes: design phases 1-4 at a fixed price or on an hourly basis?

The architect is responsible for delivering an approvable design.

He has made a revision proposal. How do you evaluate it?

@ypg
However, hOAI does not mean you can receive countless design drafts. It is not an unlimited flat rate for indecisive clients.

guckuck2 schrieb:

hOAI does not mean receiving countless drafts. It is not an unlimited flat rate for indecisive clients

That is why it is a plan, not arbitrary decisions