Fee Schedule for Architects and Engineers (HOAI) 2026
The HOAI governs fees for architectural and engineering services in Germany. Since the 2019 CJEU ruling, the rates serve only as a guide.
Definition: The Fee Schedule for Architects and Engineers (Honorarordnung für Architekten und Ingenieure, HOAI) is a German statutory instrument that defines service profiles, service phases and fee tables for the remuneration of architectural and engineering services, and serves as a frame of reference in the tendering and evaluation of design services.
Last updated: January 2026 · Legal status: HOAI 2021 (BGBl. I p. 2636); CJEU Case C-377/17 (judgment of 4 July 2019)
What is the HOAI?
The Fee Schedule for Architects and Engineers (HOAI) is the central set of rules on remuneration for design services in Germany and shapes the tendering and award of architectural and engineering services by public contracting authorities. It was most recently amended by the HOAI reform of 2021, which – in response to the CJEU judgment of 4 July 2019 (Case C-377/17) – abolished the binding minimum and maximum rates. The HOAI applies only in Germany; Austria has no comparable statutory fee schedule.
Background: CJEU judgment 2019
The CJEU held that the binding minimum fees under the HOAI infringe Article 15 of the EU Services Directive 2006/123/EC in so far as they apply to providers from other EU Member States. Germany had defended the HOAI minimum fees as a quality safeguard, but the CJEU rejected that argument. As a result, since the HOAI 2021 the fee tables serve only as a guide; deviating fees may be agreed contractually.
Service profiles under the HOAI
The HOAI breaks design services down into service profiles, each of which is associated with service phases (LP 1–9) and fee tables:
- Part 2: Area planning (urban land-use planning, landscape planning, open-space planning)
- Part 3: Object planning (buildings and interiors, open spaces, engineering structures, transport infrastructure)
- Part 4: Specialist planning (structural engineering, technical equipment)
Service phases (LP 1–9)
The nine service phases describe the design process from inception to completion:
| LP | Designation | Typical share of fee |
|---|---|---|
| 1 | Basic evaluation | 2 % |
| 2 | Preliminary design | 7 % |
| 3 | Design planning | 15 % |
| 4 | Approval planning | 3 % |
| 5 | Detailed design | 25 % |
| 6 | Preparation of award procedure | 10 % |
| 7 | Assistance with award procedure | 4 % |
| 8 | Site supervision | 32 % |
| 9 | Post-completion services | 2 % |
HOAI and procurement law
When design services are tendered, the HOAI fee tables serve as a guide for cost estimation (assessment of reasonableness) and for checking whether bids are economically viable. Public contracting authorities in Germany frequently use the HOAI fee tables as a basis for estimating the contract value, which is decisive for calculating the threshold values. The award of design services is governed by §§ 73–80 VgV (above the EU thresholds) and by the rules on design contests (§§ 78–80 VgV).
Austria: no comparable regulation
Austria has no statutory fee schedule for architects and engineers. The Chambers of Civil Engineers issue non-binding fee recommendations (Leistungs- und Honorarordnung, LHO). The award of services by civil engineers is governed by BVergG 2018, §§ 141 et seq. (services of the liberal professions).
FAQ
Are HOAI fees still binding today? No. Since the HOAI reform in 2021 the fee tables serve only as a guide. Contracting authorities and contractors may agree differing terms.
How is the contract value for design services estimated? Contracting authorities frequently take their bearings from the HOAI fee tables and from the chargeable costs of the construction project. The estimated contract value determines whether the procurement procedure is subject to the rules above the EU thresholds (VgV) or below them.
What is a design contest under the VgV? A design contest (§§ 78–80 VgV) is a formal procedure for the selection of design concepts, in which a jury, with the participation of experts, evaluates the entries submitted. It is particularly common in building and urban planning projects.
Last updated: January 2026 All information is provided without warranty. For legally binding advice, please consult a law firm specialising in procurement law.
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