Interior designer must clarify their limited authorization to submit construction plans, if in doubt!

An interior designer who is only partially authorized to obtain a building permit for a specific construction project must inform the client without being prompted about any doubts regarding their authorization.

Background:

An architect is liable for the breach of contractual or other obligations. For example, an architect can be held liable for the violation of pre-contractual duties.

As part of their pre-contractual obligations, a designer is generally required to disclose the absence of registration in the architects’ list before entering into a contract.

Example:

(according to Higher Regional Court of Koblenz, judgment dated 25.02.2021, – 6 U 1906/19; Federal Court of Justice, ruling dated 18.1.2023 – VII ZR 199/21 – leave to appeal denied) A condominium community (WEG) inhabits a protected building. In 2010, the WEG commissioned an interior designer for work phases 5-8, involving the demolition and reconstruction of the attic (at that time, two building permits from 2002 and 2006 had already been obtained by one of the co-owners). Demolition began in mid-October 2010, but three weeks later, the building supervision authority halted the construction project. After unsuccessful attempts by the interior designer to obtain approval for the planned demolition and reconstruction, the WEG terminated the contract with the interior designer with immediate effect.

The Higher Regional Court of Koblenz confirms an important ground for termination by the WEG for the extraordinary termination of the interior designer. According to § 64 para. 2 No. 3 LBauO Rheinland-Pfalz, the designer, as an interior architect, is only partially authorized to make structural changes to buildings related to the professional activity of an interior architect. This authorization may include expansion measures that alter the external appearance of a building to some extent, such as the expansion of the attic with the installation of dormer windows (in accordance with the existing building permits from 2002 and 2006). However, in the court’s opinion, the complete demolition and reconstruction of a roof, which began in October 2010 under the supervision of the interior designer, is no longer covered by the authorization to submit construction plans. In any case, there were doubts about the objective authorization of the designer, which the interior architect should have informed the client about without being prompted.

Note:

It is acknowledged that a non-architect must inform the client about the absence of registration in the architects’ list and therefore the lack of authorization to submit construction plans (Higher Regional Court of Stuttgart, judgment dated 17.12.1996). The court has applied this principle to the limited authorization to submit construction plans of an interior designer.

Liability / pre-contractual duties / disclosure of lack of architect status Contract / premature termination of contract / termination with or without important grounds Client