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:
1. The architect should have noticed this. We sat down together and discussed the base height.
Afterwards, when we spoke about it again, he said it would be fine. He suggested we should just proceed with the building permit/planning permission process.
However, I’m not happy with that. I would prefer to have the project properly regulated from a legal standpoint. Are you a traditional client of an independent architect, or did you just formally commission what is basically an external draftsman working for the prefab house supplier?
Kalibri schrieb:
2. Communication with our architect is very difficult and puts a strain on our nerves. When you manage to reach him by phone, you’re often postponed to another day, only to be postponed again. Promised callbacks don’t happen. Emails remain unanswered. I have repeatedly suggested visiting the office to discuss issues like the base height, for example. Instead, there is only a brief phone call without properly addressing anything. This has happened with several other planning issues as well. Some suppliers work (for reasons that may be related to their professional ethics) with external architects but treat them like draftsmen and overload them exploitatively with piecework. These architects are basically always close to a breakdown. However, if your architect is not “chartered” by the prefab house manufacturer but is paid by you according to the official fee scale for architects and engineers (HOAI), then make sure to communicate with him appropriately—if necessary, by registered mail—or consider terminating the contract with him. But you should discuss that with your lawyer rather than here in a forum.
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