Ordnung SIA 102 (2014) – Regulation for Architects' Services and Fees in Switzerland
The Ordnung SIA 102 is a regulatory framework issued by the Schweizerischer Ingenieur- und Architektenverein (Swiss Society of Engineers and Architects). The document serves as the standard for defining the rights and obligations of parties when entering into and executing contracts for architectural services in Switzerland. This specific version is the revised second edition of the 2014 regulation, which became valid in November 2018. It operates within the wider context of the Swiss Code of Obligations and aligns with the Norm SIA 112 for building planning models.
The document's scope covers the entire lifecycle of a construction project, divided into six distinct service phases: Strategische Planung (Strategic Planning), Vorstudien (Preliminary Studies), Projektierung (Design), Ausschreibung (Tendering), Realisierung (Execution), and Bewirtschaftung (Facility Management). It defines the architect's legal standing as either a Gesamtleiter (Lead Coordinator) or a Fachplaner (Specialist Planner) and provides the technical basis for calculating fees based on time, construction costs, or lump-sum agreements.
Regulatory domains addressed in the text include liability, intellectual property rights, payment terms, and mediation procedures. The following sections detail the specific contractual conditions and service descriptions used by professionals to establish compliance and transparency in Swiss architectural projects.
General Contract Conditions (Art. 1)
The regulation establishes a hierarchy of legal components in the absence of a specific contract document. It outlines the fundamental duties of the architect and the client.
- Sorgfaltspflicht: The architect is obligated to protect the client's interests and adhere to recognized technical rules (Art. 1.2.1).
- Haftung: Liability covers damages resulting from negligence, lack of coordination, or insufficient cost information (Art. 1.7).
- Verjährungsfrist: Warranty claims for immovable works expire five years after acceptance (Art. 1.9.1).
- Rügefristen: Defects must be reported within 60 days of discovery (Art. 1.9.4).
Phased Service Description (Art. 4)
Services are categorized into six main phases and corresponding sub-phases, synchronized with Norm SIA 112. Each phase specifies Grundleistungen (Basic Services) and Besonders zu vereinbarende Leistungen (Specially Agreed Services).
- Phase 3 Projektierung: Includes the preliminary project (Phase 31), construction project (Phase 32), and permit procedures (Phase 33).
- Phase 4 Ausschreibung: Covers tendering, bid comparison, and award proposals (Phase 41).
- Phase 5 Realisierung: Encompasses the execution project (Phase 51), actual construction (Phase 52), and commissioning/completion (Phase 53).
- Phase 6 Bewirtschaftung: Addresses operation (Phase 61), monitoring (Phase 62), and maintenance (Phase 63).
Principles of Remuneration (Art. 5)
Compensation consists of the architect's fee and additional cost elements. The 2018 revision notes that specific numerical values for calculation variables are now managed in separate calculation aids to ensure compliance with competition law.
- Effektiver Zeitaufwand: Fee based on actual hours worked, recommended for unpredictable tasks (Art. 5.3.2).
- Aufwandbestimmende Baukosten: Calculation based on average time required in relation to the construction costs (Art. 5.3.3).
- Nebenkosten: Covers travel expenses, documentation, and site office costs (Art. 5.4.4).
- Drittleistungen: Costs for external experts, such as soil analysis or specialized surveys (Art. 5.5).
Frequently Asked Questions
What is the limitation period for defects in immovable buildings under SIA 102?
Claims against the architect for defects in immovable works expire after five years, beginning from the acceptance of the work or sub-part (Art. 1.9.1).
Within what timeframe must construction defects be reported?
Defects must be reported within 60 days of discovery. However, planning and calculation errors leading to defects in an immovable work can be reported anytime within the first two years after acceptance (Art. 1.9.4).
What are the standard payment terms for architects in Switzerland?
Invoices from the architect are generally payable within thirty days of receipt. The architect is entitled to progress payments (Abschlagszahlungen) of at least 90% of the services rendered (Art. 1.4.1 and Art. 1.3.4).
Does the architect or the client own the intellectual property of the project?
Rights to work results remain with the architect, including copyright-protected works and unique intellectual creations. The client receives a non-exclusive right to use the results for the agreed project upon payment (Art. 1.3.1 and Art. 1.5.3).
How is VAT handled in the SIA 102 regulation?
VAT is not included in the base fees or additional costs and must be disclosed and settled separately at the rate applicable at the time of service (Art. 1.8).
What is the surcharge for terminating a contract at an 'untimely' moment?
If a contract is terminated by the client at an untimely moment, the architect is entitled to a surcharge of at least 10% of the fee for the withdrawn portion of the contract (Art. 1.10.3).
