The architect right regulates rights and obligations of the architects. This concerns a cross section subject, i.e., the architect right is regulated not in a uniform law book, but consists of numerous legislation of different origin. To call are for Germany above all the civil law book (BGB), the honorarium code for architects and engineers (HOAI), the architect laws of the individual Lands of the Federal Republic and the occupation-legal rules of the architectural associations. In practice the most frequently interesting topics to the architect right are

• Architect's contract right
• Architect's fee right
• Architect liability right
• Copyright
• Occupation right

The architect's contract right regulates the rights and obligations of architect and client. In the architect's contract, which can be closed verbally or in writing, the contracting parties specify above all, which achievements the architect is to furnish and as it is for this paid. It exists in the principle freedom of contract. Borders set compelling rules of the BGB and, as far as it concerns the fee, the HOAI.

The fee right belongs partially to the treaty right, because the agreement of the fee is in principle negotiation thing. Draws negotiation borders however the HOAI with most and minimum rates for the most important architectural works. If the remuneration agreement of the Contracting Parties offends against these sentences, their contract remains in all other respects effective nevertheless, i.e. the architect must furnish the promised achievement. To the place then the compelling fee regulation of the HOAI steps the ineffective fee agreement.

In the architect liability right it concerns the question, when, whom and to which extent the architect for errors of its achievements clings (planning fault, error during the constructional supervision). Claimant is usually the owner; Furthermore participants at such a controversy know the implementing enterprises and/or other engineers, so-called specialized planners its (for example the stress analyst), because frequently a building damage is based at the same time on several causes. The owner can take in principle each in full high on replacement in requirement; the must divide then the damage internally after the causing ratio (joint and several debt compares). In addition here the insurance law plays a large role. Because the damage sums in the case of architect errors are frequently high, so that every now and then controversy between architect and insurance develops whether the damage must be taken over by the insurance.

In architect copyright it - as general in copyright - goes around it, whether and to which extent the architect has dauherhaft protected rights at his planning service with the consequence that changes of this achievement would be possible with its agreement only. A condition for this always is that planning was not a purely functional achievement, but a certain measure of mental-formative contents has.

The profession of architect right is "“professional ethics"” of the architects. The architect is in principle to self-employed person, similar the tax counsel, attorney or physician. However in the meantime also architect GmbH and other company forms are certified. In the architect laws of the countries the basic rules for the permission regulated for the occupation of the architect and the practice of this occupation are. These principles arrange the architectural associations by statutes and guidelines more near out, approximately to the question, in which architects advertisement extent may operate.

Related links

• The burden of proof and statement for furnished achievements during the architect's fee process pdf
• The of the requirement on payment of damages with hang remained architect's contract pdf

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