What is the HOAI?
The HOAI (Honorarordnung für Architekten und Ingenieure) is a German regulation governing fees for architectural and engineering planning services. First enacted in 1977, it was fundamentally revised in 2021. Since the CJEU ruling of 2019, HOAI fee rates are no longer binding but serve as an orientation framework.
Historical Development
| Year | Event |
|---|---|
| 1977 | Initial introduction of HOAI |
| 2019 | CJEU ruling (C-377/17): Binding minimum and maximum rates violate EU law |
| 2021 | Revision: HOAI rates serve as orientation only |
The Nine Service Phases
| Phase | Description | Fee Share (Buildings) |
|---|---|---|
| 1 | Basic evaluation | 2% |
| 2 | Preliminary design | 7% |
| 3 | Design development | 15% |
| 4 | Approval planning | 3% |
| 5 | Detailed design | 25% |
| 6 | Tender preparation | 10% |
| 7 | Tender assistance | 4% |
| 8 | Construction supervision | 32% |
| 9 | Object management | 2% |
Fee Calculation
HOAI fees are calculated based on: eligible construction costs, fee zone (I-V based on complexity), fee tables, and commissioned service phases.
Significance After the CJEU Ruling
The 2019 ruling fundamentally changed the HOAI: fee rates are now only orientation values, free fee agreements are possible, and clients can agree lower fees. However, the HOAI remains relevant as a market standard and calculation basis.
HOAI and Public Procurement
For public procurement of planning services:
- Planning services are liberal profession services under § 73 VgV
- Generally awarded through negotiated procedure with prior publication (§ 74 VgV)
- Alternatively: design competition (§§ 78-80 VgV)
- Price must not be the sole award criterion — quality must be appropriately weighted
Fee Zones
| Zone | Complexity | Examples |
|---|---|---|
| I | Very low | Simple warehouses |
| II | Low | Standard residential |
| III | Average | Office buildings, schools |
| IV | Above average | Hospitals, theaters |
| V | Very high | Research buildings, concert halls |
Patterno hilft
Patterno identifies planning tenders specifically for architecture and engineering firms across all relevant platforms. Our AI automatically recognizes HOAI-relevant services and delivers key information — from fee zones to service phases and award criteria.