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MIL OSI Translation. Region: Germany / Deutschland –

Source: Federal Ministry for Economic Affairs and Energy

11/06/2020 – Press release – Economic Policy

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The Federal Council today approved the draft of the First Ordinance to Change the Fee Regulations for Architects and Engineers – HOAI – submitted by the Federal Government. Last year the European Court of Justice declared the binding minimum and maximum fee rates of the HOAI to be incompatible with the service directive. The HOAI therefore had to be adjusted. Federal Minister of Economics Altmaier: “I am pleased that the Federal Council has cleared the way for a new HOAI today. We are implementing the requirements of the European Court of Justice that fees can be freely agreed. At the same time, however, the HOAI can continue to serve as a guideline for determining fees for architectural and engineering services if the contractual partners so wish. The new HOAI now creates legal clarity for cases in which no fee agreement is made. ”The new regulation provides that fees for architectural and engineering services can always be freely agreed in the future. The principles and standards of the HOAI can be used by the contracting parties to determine the fee. On the question of the amount of the fees, the HOAI contains fee ranges, which are available as non-binding reference values. In the event that no effective fee agreement has been concluded, the so-called base fee rate is deemed to have been agreed, the amount of which corresponds to the previous minimum rate.The HOAI is based on the law on the regulation of engineering and architectural services, which must also be adjusted as a result of the judgment of the European Court of Justice . The corresponding draft law was finally dealt with in the Federal Council today. The new version of the HOAI will come into force on January 1, 2021.

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EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

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