ᐅ We are not satisfied with the architect’s plans – can we withdraw? What are the costs?

Created on: 9 May 2015 01:58
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Miwi123
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Miwi123
9 May 2015 01:58
Hello,
we want to build a single-family house. We decided to hire an architect to design our "dream home" according to our wishes.
There is a development plan dating back to 1989 for the area where we want to build. It includes many restrictions (among others, low roof overhangs, a knee wall height of 35cm (14 inches), no dormers or gables allowed, and a gable roof with a 38° pitch). Strangely, other new buildings in the area, despite being subject to the same development plan, have dormers and steeper or flatter roofs. I therefore went to the building authority of my municipality to inquire. The head of the department informed me that while there is a development plan, it is about to be revised. Currently, for example, all roofs with a pitch from 20° are approved. A knee wall height of 70cm (28 inches) as well as dormers and gables are also not a problem.
With this information, we then went to an architect. He made a good impression on us during the initial meeting. We shared our wishes with him: about 130sqm (1400 sq ft), 45° roof pitch, a basement with a large room for my hobbies and a utility room, one office on the ground floor, three bedrooms on the upper floor, a cross gable facing the street (south), entrance door under the cross gable, terrace on the north side, all rooms as bright as possible, floor-to-ceiling windows on the upper floor. Regarding the cross gable, I even showed him a photo of a model house to illustrate my vision.
He took notes and said he would first need to commission a surveyor to measure the entire plot and the elevations.
I was unsure if that was really necessary, as I already had relatively good plans of the plot (without elevation data, but the site is flat!). In my opinion, at least for a first draft, a survey wouldn’t have been necessary. But well, the man has 30 years of professional experience, so he must know what he's doing...
Today, I received the draft of our "dream home." The disappointment and anger were huge! Our "dream home" now had 160sqm (1700 sq ft), a 38° roof pitch, no basement planned, utility room on the ground floor, no cross gable but a bay window facing west, entrance door on the side (east), terrace on the south side, full-height windows on the upper floor facing east, regular windows on the west side. Regarding the missing basement, he only said on the phone that basements are quite expensive and that many families nowadays build without one. Regarding the rest, he said that one must of course comply with the development plan.
For me, this was a bad joke. You wait two weeks for a draft, and then the architect decides for me that I don’t need a basement because many families build without one?! I will leave the rest uncommented. My decision is clear: I will look for someone else. But how does this affect the costs? Do I have to pay for this poor result? And what about the surveying costs that have already been incurred?
Thanks for your help!
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Wanderdüne
9 May 2015 08:39
A few issues are coming together here.

First, it is important to know what type of contractual relationship is in place. What was agreed upon? What kind of architect is involved?
The main difference lies between independent architects (the traditional image of an architect), architects working directly within the construction industry, and architects hired by third parties (who are often mistakenly considered “their” architects by the clients). Depending on the contractual relationship, it is unusual for the architect to commission the surveying.

A survey of the property, including elevation measurements, is important because the building must not exceed certain dimensions and heights; otherwise, it will not be approved. However, an architect is responsible for providing a design that can be approved.

It is normal for the first draft to be inadequate. However, it doesn’t make sense to deliver a design that does not meet the client’s wishes. A discussion of the first draft by phone is also of limited value, as alignment between both parties is very important to improve the design in subsequent drafts.
lastdrop9 May 2015 08:59
One point you need to clarify: The architect is required to provide a plan that can be approved, which would not be the case if they followed your specifications.

You will probably have to cover the surveying costs, as you commissioned them. Besides, these costs would likely have been incurred anyway.

Can you provide evidence of the specifications you gave to the architect?
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toxicmolotof
9 May 2015 09:01
By the way, have you also discussed costs? This is quite important because the planning has to fit within the budget somehow. It doesn’t help the architect to design a basement if it exceeds the budget.

However, I would expect an architect to provide specific feedback on any requested changes from the client.

Is the architect aware that the zoning plan is being changed? He is not entirely wrong in principle, although that might be a somewhat narrow perspective. In any case, he is responsible for a design that a) can be approved (building permit / planning permission), b) fits the budget, and c) meets your requirements.
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Manu1976
9 May 2015 09:19
Did he mix something up and design the floor plan for a different family on your plot?
I would send an email restating your requirements and ask him to stick to them. He should revise the plan rather than giving up after the first draft. Our first draft was also hopeless. The second one was good enough to start working out the details. In our case, the architect arranged the survey too—but only after the floor plan was finalized.

PS: We also have our entrance under the cross gable.