On July 15, 2020 the Federal Cabinet passed the draft for the amendment of the law on the regulation of engineering and architectural services and amendment of procurement law provisions (ArchLG). The adjustment became necessary due to the EuGH ruling of July 4, 2019. The current version of the Act on the Regulation of Engineering and Architectural Services (ArchLG), the authorization basis for the fee schedule for architects and engineers (HOAI), stipulates that minimum and maximum rates must be specified in the fee schedule. The EuGH had declared these minimum and maximum rates anchored in the HOAI to be incompatible with EU law in its decision in July 2019.
The Federal Ministry of Economics, in cooperation with the Federal Ministry of Construction and the Federal Ministry of Transport, presented a corresponding draft law to amend the ArchLG. This was preceded by many coordination meetings between the federal ministries, the federal states, the planning organizations and associations as well as the contracting authorities.
From the point of view of the Federal Chamber of Architects (BAK), the Federal Chamber of Engineers (BIngK) and the AHO, many of the regulation proposals mentioned in the draft went in the right direction. Elsewhere, improvements were deemed necessary, which were bundled in a joint statement and made available to the ministries involved. Essentially, the introduction of an authorization for an adequacy regulation and the retention of the references in the VgV were required. Some of the requirements have been taken into account.
Source: www.bak.de (Bundesarchitektenkammer) 08 / 2020