ᐅ Problems with Architects – Building Permit / Planning Permission Process

Created on: 11 Dec 2021 16:10
K
Kalibri
K
Kalibri
11 Dec 2021 16:10
Hello everyone,

I’m feeling a bit frustrated at the moment and need to get this off my chest.

We are building a prefab house. The architect’s fee is set as a fixed percentage of the purchase price. So far, so good.

The house matches the building plan and was supposed to be submitted under the permit-exempt procedure. Our architect included a garage with a flat roof in the building plan. It fit well with the house on the drawings, so at first, we didn’t think much of it.

A few weeks later, the architect called us to say that we would need a variance from the zoning plan for the garage. He told us not to worry, it wouldn’t cause any problems and would be approved easily. Although the zoning plan actually requires shed roofs for outbuildings, we trusted the architect’s word. Personally, the roof shape of the garage doesn’t matter to us.

Last week, I submitted the documents for the permit-exempt procedure to the municipality. The official responsible told me right away that because of the variance, a permit-exempt procedure is not possible. He is forwarding the documents as a full building permit application.

After that, I was frustrated and still am. The garage issue was never really discussed in detail. It was on the building plans as a flat roof garage without much explanation. We were assured the variance would not be a problem and were happy that the entire process would be permit-exempt—without fees and with quick planning certainty.

I feel completely misled right now, especially since the architect charged an extra fee for submitting the permit-exempt application. I had already included this item in my budget, but I hoped it would be handled accordingly.

Now I just hope the permit process won’t take too long, I’m annoyed about the unnecessary fees, and I hope the architect won’t charge us extra for the permit-exempt application. A process that basically only involves ticking a box in the building permit application in a different spot and, on top of that, has no result.

If only he had briefly informed me about the legal situation, I would have accepted a shed roof for the garage. Then I wouldn’t even have minded the several hundred euros fee for ticking a box elsewhere on the permit application. But now we have financial and time-related costs for absolutely nothing...

Sorry for the rant, but it felt good to write it down. The costs are minor compared to the rest of the project, and we’re not under any time pressure. But it’s just so unnecessary... I just hope one day I can enjoy the sight of my flat roof garage.

Of course, I, as the client, am partly to blame for not being better informed. On the other hand, I trusted the architect’s word.
G
Gerddieter
11 Dec 2021 16:36
:-) I'll say nothing for now and wait for the 11th....
11ant11 Dec 2021 16:40
Kalibri schrieb:

The house matches the building plan and should be submitted under the permit-exemption procedure.
Our architect included a flat-roof garage in the plan. It also matched the house well on the drawing, so at first we didn’t think much of it.
A few weeks later, the architect called us to say that we would need a special exception to the zoning plan for the garage. He told us not to worry, that it wouldn’t cause any problems and would be approved easily. In fact, the zoning plan specifies shed roofs for the outbuildings, but we trusted the architect’s word.

You were simply talking past each other. The architect probably meant that the authorities would rather “quickly pocket a fee” than seriously oppose the exception. On your side, saving time (and part of the fees) was the priority, but you would have had to insist on having the garage drawn with the zoning-plan standard roof. Any exception—even a small, individual one—categorically excludes a permit exemption. To the surprise of @Gerddieter ;-) I can understand your frustration with the architect here. That the architect is indifferent to the administrative simplification being ruined—as much as you are to the garage roof style—is, to put it mildly, “not great publicity” for the home builder who got the job for your house because of him.
https://www.instagram.com/11antgmxde/
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P
Pinkiponk
11 Dec 2021 16:46
Kalibri schrieb:

The costs are minimal compared to the rest, and we are not under any time pressure.
Does this mean that according to the house delivery contract you do not have to meet any deadlines?
K
Kalibri
11 Dec 2021 17:28
Pinkiponk schrieb:

Does this mean that, according to the house supply contract, you don’t have to meet any deadlines?

Yes, but we are well within the deadlines.

Looking back, it seems to me as follows:

The architect noticed that the flat roof garage shown in the plans didn’t comply with the zoning plan. It was easier for him to submit an application for an exception rather than change the plans.

The whole matter was deliberately poorly communicated.

We were not well-informed. That was clearly our oversight as well.

I would have expected a bit more commitment and guidance from the architect.
H
hampshire
11 Dec 2021 17:42
It is frustrating when things don’t go as you hoped, and based on the architect’s communication that you fully shared, I can see some shortcomings.

From how you describe it, I get the impression that you have taken a very passive role in the communication as the client and have not managed your project consistently – this is not a criticism, as it’s not everyone’s preference. I could be wrong, but I base this on the following:
Kalibri schrieb:

A few weeks later, the architect called us to say that we need an exception from the zoning plan for the garage. However, we were told not to worry, it would not cause any problems and would be approved easily.

It sounds like you accepted this without clarifying the possible scenarios.
Kalibri schrieb:

The person responsible at the municipality told me directly that due to the exception, no permit exemption process is possible. He forwarded the documents directly as a building permit application.

This sounds like you submitted the documents despite that statement and did not revisit the situation with the architect to explore all possible options.
Kalibri schrieb:

The garage issue was never discussed in detail.

This sentence is completely passive. Who exactly did not discuss the garage? Only the architect?
Kalibri schrieb:

I currently feel totally taken advantage of, especially because the architect even charged extra for the submission in the permit exemption process.

It is completely normal for additional services to incur extra costs. The architect apparently did not communicate well, but he is not taking advantage of you. There were several reasonable opportunities to actively gather information and agree on a joint approach, taking into account the consequences of the different scenarios.

I may come across as a know-it-all – that is not my intention – but perhaps this helps you to intervene more proactively and purposefully when further plan deviations occur. It is very likely that you will encounter a number of similar situations, which, if handled the same way, will follow the same pattern. This forum is full of such cases.