Anyone who commissions architects, engineers, or landscape architects operates within a fee structure that has formed the basis for the compensation of planning services for decades. The HOAI Basic Services are at the heart of this system: They define which activities are part of the standard scope of a planning contract, how these services are divided into phases, and how the fee is calculated based on them. Anyone who understands this system can read planning contracts, evaluate service specifications, and competently assess fee proposals.
- What HOAI Basic Services Are and How They Differ from Special Services
- How the scope of services is divided into service phases and what each phase entails
- How the fee is calculated based on billable costs, fee zones, and service phase shares
- What role the HOAI plays in the planning contract and what has been in effect since the 2021 amendment
- How basic services are defined, documented, and billed in practice
- What typical errors and misunderstandings arise during application
- How the scope of services for building design differs from that of landscape design
- The significance of the HOAI for tenders, contract awards, and quality assurance
What HOAI basic services are: definition and systematic classification
The Fee Schedule for Architects and Engineers (HOAI) is a German statutory regulation that governs fees for planning services. It applies to all services provided in Germany, regardless of the planner’s nationality or place of business. Within this regulation, HOAI basic services play a central role: They describe the scope of services considered necessary and customary for the proper fulfillment of a planning contract. Basic services are therefore not the minimum that can be provided, but rather the defined standard scope that ensures the client receives complete and professional planning.
The HOAI distinguishes between two categories of services: basic services and special services. Basic services are exhaustively listed in the scope of services for the respective discipline and form the basis for calculating the fee. Special services go beyond this standard scope, are not included in the fee for basic services, and must be agreed upon and compensated separately. Typical special services include, for example, the development of operational concepts, the conduct of economic feasibility studies, or the design of interior spaces, provided these are not already included in the scope of services. In practice, the distinction is not always clear-cut and regularly leads to discussions between clients and planners.
The HOAI applies to various disciplines, including buildings and interiors, outdoor facilities, civil engineering structures, transportation facilities, structural engineering, technical equipment, as well as urban planning and land-use planning. Each discipline has its own scope of services with its own basic services. For landscape architects, the scope of services for outdoor facilities is particularly relevant; it is regulated separately in the HOAI and differs in key respects from the scope of services for building design. Common to all scopes of services is the division into nine service phases, even though not every discipline encompasses all nine phases.
The Nine Service Phases: Structure, Content, and Weighting
At the heart of the HOAI’s basic services is the division of the planning process into nine sequential service phases, abbreviated as LPH 1 through LPH 9. These phases cover the entire planning and implementation process, from the initial concept to commissioning. Each phase is assigned a percentage of the total fee that reflects the relative importance and effort involved in that phase. These percentages are specified in the HOAI and can only be contractually modified within narrow limits.
Service Phase 1 encompasses the preliminary study. Here, the planner clarifies the project scope, advises the client on fundamental issues, and compiles the planning requirements. This involves assessing the existing conditions, clarifying the objectives, and making an initial feasibility assessment. This phase is often underestimated, but it forms the basis for all subsequent decisions. Service Phase 2 involves preliminary planning, during which potential solutions are developed, alternatives are examined, and a coordinated planning concept is formulated. Initial cost estimates in accordance with DIN 276 are also prepared during this phase, providing the client with an early indication of the financial framework.
Service Phase 3 is the design planning phase. It refines the concept into a detailed design that covers all essential parts of the construction project and enables a cost calculation in accordance with DIN 276. Service Phase 4 comprises the permitting phase, i.e., the preparation of documentation for the building permit process or comparable approval procedures. In Service Phase 5, the construction drawings are prepared: drawings and written descriptions at a level of detail that enables the execution of the construction work. This phase is particularly time-consuming and accounts for a correspondingly high proportion of the fee in the “Building” service package.
Service Phases 6 and 7 concern the preparation for and participation in the contracting process. The planner prepares bills of quantities, evaluates bids, and participates in the awarding of contracts. In Service Phase 8, which involves on-site supervision or project monitoring, the planner monitors the execution of construction work to ensure compliance with the planning documents, coordinates the participating specialist planners, and documents construction progress. In practice, this phase is particularly relevant in terms of liability. Finally, Service Phase 9 encompasses project aftercare: the inspection to identify defects before the statute of limitations expires, as well as the supervision of defect rectification.
Fee Percentages and Their Significance for Contract Drafting
The percentage-based fee allocations for the individual service phases are specified separately in the HOAI for each discipline. In the case of building design, for example, a significant portion is allocated to service phases 3 and 5—that is, conceptual design and construction design—while the early phases 1 and 2 together account for only a small portion of the total fee. This has an important implication for contract drafting: If a client commissions only individual service phases, the designer receives only the corresponding portion of the total fee. If service phases are not commissioned or are terminated after planning has begun, questions arise regarding when fees become due and deductions for saved expenses, which are extensively addressed in case law.
It is not mandatory to commission all service phases. It is contractually possible to agree on only parts of the scope of services—for example, only service phases 1 through 4 for permit planning without construction detailing and construction supervision. In such cases, a clear contractual provision is essential, as otherwise ambiguities regarding the scope of services owed may arise, which can lead to disputes.
Fee Calculation: Chargeable Costs, Fee Zones, and Minimum Rates
The fee for HOAI basic services is not set at a flat rate but is calculated according to a defined system based on three parameters: the billable costs, the fee zone, and the fee rate within the fee schedule. The billable costs are the costs of the construction work used to calculate the fee. They do not necessarily correspond to the total construction costs, but rather to a defined portion thereof, which is specified in the HOAI for each discipline. In building design, these are primarily the costs of cost groups 300 and 400 according to DIN 276, i.e., building structure and technical systems.
The fee zone describes the difficulty and planning effort involved in a project. The HOAI generally distinguishes between five fee zones, with Fee Zone I describing simple requirements and Fee Zone V describing very high requirements. Classification is based on evaluation criteria listed in the HOAI for each discipline. For the scope of services related to outdoor facilities for landscape architects, these include, for example, the number of functional areas, terrain modeling, the design of outdoor elements, and integration into the urban context. The fee zone has a significant impact on the fee: A project in fee zone IV can command a significantly higher fee than a comparable project in fee zone II, even with identical billable costs.
Within each fee zone, the HOAI specifies fee schedules that set minimum and maximum rates for different levels of billable costs. Clients and planners are free to agree on the fee within this range. If no agreement is reached, the minimum rate is deemed to have been agreed upon under current law. The question of whether minimum rates are mandatory or whether rates below them are permitted was long disputed and has been redefined by a 2019 ruling of the European Court of Justice and the subsequent amendment to the HOAI in 2021: Since then, the fee schedules are no longer binding in the sense of mandatory pricing law but serve as a guideline from which contractual deviations are permitted. This change has significant implications for the practice of fee agreements.
Special Features of the Scope of Services for Outdoor Spaces
The scope of services for outdoor facilities—which is central to the work of landscape architects and open-space planners—has several distinctive features compared to the scope of services for buildings. The billable costs here include the construction costs of the outdoor facilities, including planting work, but exclude the costs of works of art and special furnishings, unless these are part of the scope of services. Fee zones I through V are determined based on characteristics such as the diversity of usage requirements, terrain modeling, integration into the existing environment, and the complexity of the planting. A simple parking lot is generally classified in Fee Zone I or II, while a complex city square with water features, planting, and lighting is classified in Fee Zone IV or V.
It is important for landscape architects to know that the HOAI’s basic services for outdoor facilities also include services that are taken for granted in the building sector but are often underestimated in the outdoor space sector: the preparation of construction drawings at a scale of 1:50 or larger, the preparation of specifications for all trades involved in the outdoor facility, and construction supervision, including documentation. Those who do not provide these services in full risk not only fee reductions but also liability risks in the event of defects in the completed facility.
HOAI Basic Services in Planning Practice: Delimitation, Documentation, and Billing
Applying HOAI basic services in daily planning practice requires a careful definition of the scope of services, comprehensive documentation of the services rendered, and accurate fee calculation. Common errors arise as early as the contract drafting stage: If the contract does not clearly define the scope of services, disputes arise as to whether a particular activity is part of the basic services or constitutes a special service that must be compensated separately. Experts recommend drafting the contract based on the HOAI service profile, explicitly specifying which service phases are commissioned and whether individual basic services are excluded or supplemented by special services.
Documenting the services rendered is important not only for billing but also in the event of a liability claim. If a client later claims that the planner failed to perform a specific basic service, the planner must be able to prove that they did perform it. Meeting minutes, plan delivery lists, correspondence, and handover reports are indispensable in this regard. Service Phase 8, construction supervision, requires particularly extensive documentation: construction logs, photographic documentation, and defect reports are part of the basic services owed and, at the same time, serve as important evidence in the event of a dispute.
The final fee invoice upon completion of the services must determine the billable costs based on the actual construction costs, justify the fee bracket, and itemize the service phases performed along with their respective percentages. If the actual construction costs deviate significantly from the originally estimated costs, the fee also changes because the billable costs must be recalculated. Cost increases therefore generally lead to a higher fee, while cost reductions lead to a lower one. This mechanism sometimes comes as a surprise to clients, but it is an essential feature of the HOAI system.
Common Errors and Misunderstandings in Applying the HOAI
One of the most common misunderstandings is viewing the HOAI as a price list from which one can simply select an amount. In fact, determining the fee is a multi-step process that requires precise knowledge of the billable costs, the fee zone, and the commissioned service phases. Anyone who skips these steps and works solely with flat rates risks either charging too little or entering into a contract that does not reflect the actual effort involved.
Another common mistake is confusing basic services with special services. Many clients assume that everything a planner does as part of a project is covered by the base fee. This is incorrect: Special services such as the development of operational concepts, the design of public art installations, or the conduct of public participation processes are not included in the basic fee and must be agreed upon and compensated separately. If this agreement is missing, a dispute arises that often ends up in court.
The issue of the completeness of basic services is also often underestimated. Basic services cannot be arbitrarily divided: If a planner performs only a portion of the basic services for a phase, they are still obligated to provide the entire phase if they have contractually agreed to do so. Conversely, a client who prevents the planner from providing the full scope of services—for example, by prematurely terminating the project or withholding planning documents—cannot simply reduce the fee. Case law has developed an extensive body of precedent on this matter, which both planners and clients should be familiar with.
Finally, the significance of the fee zone for determining the fee amount is often underestimated or deliberately ignored. Some clients tend to classify projects into lower fee zones in order to drive down the fee. Planners who agree to an incorrect classification without carefully reviewing the evaluation criteria forfeit fees and expose themselves to the risk of working for an effort that is not adequately compensated. The fee zone is not a matter for negotiation, but rather an objective classification based on defined criteria.
HOAI Basic Services in the Context of Contracting, Competition, and Quality Assurance
The HOAI basic services serve not only a fee-related function but also a quality-assurance purpose. By defining the minimum scope of proper planning, they establish a standard against which service delivery can be measured. Public-sector clients who put planning services out to bid in accordance with public procurement law use the HOAI scope of services as the basis for the service specifications. The basic services form the core of the scope of services put out to bid, which can be supplemented by special services.
In design competitions conducted in accordance with the Guidelines for Design Competitions (RPW), the HOAI basic services also play a role: The winner of a competition is generally entitled to be commissioned to perform the planning services, with the fee calculated according to the HOAI. The competition entry itself is not part of the HOAI basic services but is compensated through the competition’s prize money. This distinction is important to avoid double compensation while ensuring that the planner is appropriately compensated for their competition work.
For landscape architects and open-space planners, who are frequently involved in public projects, knowledge of the HOAI basic services is a fundamental requirement for professional practice. Those unfamiliar with the scope of services for open spaces can neither negotiate a fair contract nor clearly communicate their scope of work to the client. The HOAI is not a bureaucratic obstacle, but rather a tool that provides certainty to planners and clients alike: to planners through a defined fee structure, and to clients through a clearly described scope of services.
HOAI Basic Services as the Foundation of Professional Planning Work
The HOAI Basic Services are far more than a set of fee regulations. They describe the process that high-quality planning must undergo, from the initial scoping phase to the final project supervision. Those who understand this process and apply it consistently deliver not only a legally sound service but also a technically comprehensive one. The service phases are not a bureaucratic framework but reflect the actual logic of planning and construction: first clarify, then design, then detail, then put out to bid, then supervise, then document.
The 2021 amendment to the HOAI relaxed the binding nature of the fee schedules but did not fundamentally change the scope of services itself. The basic services remain the benchmark for proper planning services, even though fee agreements can now be structured more flexibly. This flexibility is an opportunity for planners who can clearly communicate the scope and quality of their services and be compensated accordingly. However, it also poses a risk for planners who, under competitive pressure, agree to fees that do not cover the actual effort involved.
For everyone working in planning, the following applies: Knowing the HOAI basic services does not mean memorizing a set of rules, but rather understanding one’s own daily professional practice within a structured framework. Those who know what is required in each service phase, can objectively justify their project’s fee zone, and has a firm grasp of the difference between basic services and special services is not only on the safe side when it comes to fee law but is also professionally capable of presenting themselves transparently and convincingly to their clients. That is the true value of this system.












