ᐅ Problems with Architects – Building Permit / Planning Permission Process
Created on: 11 Dec 2021 16:10
K
Kalibri
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.
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.
Kalibri schrieb:
Our garage is a bit smaller than 50m² (540ft²). However, in my understanding, it is in the outdoor area, meaning next to the house. No, your garage is considered to be in the indoor area. Outdoor area generally means, simply put, outside the village / near or in the forest.
https://www.instagram.com/11antgmxde/
https://www.linkedin.com/company/bauen-jetzt/
Kalibri schrieb:
Garages, including covered parking spaces, with an area up to 50 m² (540 ft²) are allowed within setback areas, except in rural zones. This is the Bavarian State Building Code.
Kalibri schrieb:
When is a special exemption from the zoning plan required for a garage? Both are different things.
Hello everyone,
A brief update:
After consulting with the local municipality and the district office, we even had the option to withdraw the application.
After discussing our options with the architect and the municipality, we have decided to proceed with the flat roof and request an exemption. This is also because the flat roof now genuinely appears to be the better option for us.
I must say that I have truly received advice and support from all sides, so I need to withdraw my criticism from the original post. In particular, the municipality officials have always been very attentive to me. Much appreciation. Note to self: Talking and asking for advice really helps.
A brief update:
After consulting with the local municipality and the district office, we even had the option to withdraw the application.
After discussing our options with the architect and the municipality, we have decided to proceed with the flat roof and request an exemption. This is also because the flat roof now genuinely appears to be the better option for us.
I must say that I have truly received advice and support from all sides, so I need to withdraw my criticism from the original post. In particular, the municipality officials have always been very attentive to me. Much appreciation. Note to self: Talking and asking for advice really helps.
In the meantime, a new issue has come up:
Contrary to our plans, the minimum base height (the distance between the planned ground level and the top of the foundation slab) is missing from the drawings. This was only noticed after the plans were reviewed by the prefab house company.
As far as I can tell, the surveyor will need to be called in again.
This raises two questions:
1. The architect should have noticed this. We sat down together and discussed the base height. After talking about it again later, he said it should be fine and that we should just proceed with the building permit / planning permission process. However, I am not comfortable with that. I would prefer the project to be legally and properly arranged. Who is responsible for the costs of the new elevation plans from the surveyor?
2. Communication with our architect is very difficult and draining. When we manage to reach him by phone, we are frequently postponed to another day, which then also results in delays. Promised callbacks do not happen. Emails go unanswered. I have repeatedly suggested going to the office to discuss, for example, the base height issue. Instead, there is only a brief phone call without any thorough discussion. This has been the case with several other planning points as well. I understand that they are probably under stress, but from our perspective, everything is being handled in a rushed and unstructured way. If everything had been discussed clearly from the start, we could have avoided three interim plan changes. We would appreciate any advice on how to handle this going forward.
Contrary to our plans, the minimum base height (the distance between the planned ground level and the top of the foundation slab) is missing from the drawings. This was only noticed after the plans were reviewed by the prefab house company.
As far as I can tell, the surveyor will need to be called in again.
This raises two questions:
1. The architect should have noticed this. We sat down together and discussed the base height. After talking about it again later, he said it should be fine and that we should just proceed with the building permit / planning permission process. However, I am not comfortable with that. I would prefer the project to be legally and properly arranged. Who is responsible for the costs of the new elevation plans from the surveyor?
2. Communication with our architect is very difficult and draining. When we manage to reach him by phone, we are frequently postponed to another day, which then also results in delays. Promised callbacks do not happen. Emails go unanswered. I have repeatedly suggested going to the office to discuss, for example, the base height issue. Instead, there is only a brief phone call without any thorough discussion. This has been the case with several other planning points as well. I understand that they are probably under stress, but from our perspective, everything is being handled in a rushed and unstructured way. If everything had been discussed clearly from the start, we could have avoided three interim plan changes. We would appreciate any advice on how to handle this going forward.
P
Pinkiponk6 Jan 2022 10:27Kalibri schrieb:
Of course, as the client, I also bear some responsibility for not being better informed. On the other hand, I trusted the word of ... . From my experience, as we are currently building a prefab house, and based on many reports here in the forum, it seems that with a construction project you should not simply rely on the professionals, but rather read up on everything yourself and acquire technical knowledge, which in my view is quite difficult. I cannot say whether this depends on the price range, if we are a minority among home builders facing difficulties here in the forum, or if there are other reasons. However, I fundamentally believe that considering how long humanity has been building residential buildings, there are too often problems. By now, it really should all run smoothly.
I agree with you that as a client you should and must inform yourself, but on the other hand, for all the money involved, I also wish that “someone would take me by the hand.” It’s also possible that our “a lot” of money really isn’t much to the builders. ;-)
I will continue to follow your post attentively, even though I cannot contribute anything substantial. Except to say that this will eventually be behind you, and you will then happily and contentedly live in your beautiful new home. 🙂 Because, don’t forget, all homeowners eventually live in their own lovely house.
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