General Planner in Procurement Law

Definition: A general planner (Generalplaner) is a design service provider that assumes overall responsibility towards the public contracting authority for all planning services of a project – in particular architecture, structural engineering, technical building services and landscape design – and may sub-let individual specialist planning services to sub-consultants.

Last updated: January 2026 · Legal basis: Directive 2014/24/EU; BVergG 2018; GWB; HOAI 2021; Austrian fee schedule

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What is a general planner?

The general planner is the design-services equivalent of the general contractor: they bundle all planning disciplines into a single contractual relationship with the contracting authority.

Design services typically include:

• Architectural services (concept, planning approval, detailed design)
• Structural engineering (statics)
• Technical building services (HVAC: heating, ventilation, sanitary, electrical)
• Landscape design and outdoor works
• Fire protection design
• Special services (e.g. acoustics, building physics)

The general planner coordinates the various specialist designers, is responsible for timely and quality-assured planning, and provides the contracting authority with a single point of contact. Sub-consultants are engaged and remunerated by the general planner; the contracting authority has no direct contractual relationship with them.

Significance and function

General planner services are classified under procurement law as a services contract in the field of freelance services, which places particular demands on the procurement procedure.

Procurement law classification: Design services fall under services procurement. Since freelance services – unlike standardised supplies or works – depend heavily on the personal qualification and experience of the contractor, procurement law often permits the use of the competitive procedure with negotiation or the competitive dialogue, even below the threshold for open procedures (Art. 26(4)(a) Directive 2014/24/EU for intellectual services whose nature does not allow precise specification of the contract in advance).

Contests: For architectural and engineering services, the contracting authority may run a design contest (Arts. 78 et seq. Directive 2014/24/EU). Design contests allow a qualitative pre-selection and can be combined with a subsequent services contract award to the winner.

Fee regulation:

• Germany: The Fee Structure for Architects and Engineers (HOAI 2021) regulates fees for design services. The CJEU ruled in Case C-377/17 (Commission v Germany) that binding minimum rates are incompatible with EU law; since then the HOAI rates have served only as a guide, and binding minimum and maximum rates no longer apply.
• Austria: The fee schedule of the Federal Chamber of Civil Engineers (HOA) serves as a guide; binding statutory minimum rates do not exist in Austria to the same extent as under the former HOAI.

Distinction from the general contractor: The general contractor delivers construction works; the general planner delivers design services. Where both are combined – design and construction from a single source – this is referred to as a total contractor (Totalunternehmer). This procurement model is permitted under procurement law but requires special consideration regarding specification and risk allocation.

Legal basis

The procurement of general planner services follows the general rules for services contracts, supplemented by special provisions for freelance and intellectual services.

• EU: Art. 26(4), Arts. 78 et seq. Directive 2014/24/EU (contests); Annex XIV (priority and non-priority services)
• Austria: BVergG 2018, § 40 (competitive procedure with negotiation), §§ 156–163 (design contests); HOA of the Federal Chamber of Civil Engineers
• Germany: GWB §§ 97 et seq.; VgV §§ 74–80 (design contests); HOAI 2021 (guide)

Related terms

• General Contractor
• Competitive Dialogue
• Competitive Procedure with Negotiation
• Procurement Procedure
• Bill of Quantities
• Principle of Equal Treatment
• Tender Notice
• In-house Award

FAQ

Which procurement procedure is required to engage a general planner? There is no exclusively prescribed procedure. Depending on the contract value and complexity of the service, the open procedure, the competitive procedure with negotiation with or without a prior call for competition, and design contests are all options. For intellectual services whose precise specification in advance is difficult, Directive 2014/24/EU permits the use of the competitive procedure with negotiation.

May a general planner pass all planning services on to sub-consultants? Procurement law does not exclude this in principle; however, bidders must demonstrate their own eligibility. Contracting authorities may require certain core services (e.g. project management, overall coordination) to be performed by the general planner itself. The use of sub-consultants must be disclosed in the procurement documents.

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Last updated: January 2026 All information provided without guarantee. For legally binding advice, please consult a law firm specialising in procurement law.