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Charging for garden design instead of free concept plans

Why garden design in landscaping is a paid service in its own right, how crediting the fee against the order works and what belongs on your own website.

17 min read AngebotsprozessOrtsterminLeistungsseite

A phone call in February, a site visit in March, and two weeks later a planting plan with two options is sitting on the customer's kitchen table. Four working days went into it: survey, levels, site inventory, two concepts, a plant list, a rough cost estimate. Then comes the sentence every firm knows - they would like to think it over. What the customer is thinking over is a finished concept they can take to the next firm for a comparison quote. German landscaping turned over a nominal 11.11 billion euros (BGL industry statistics 2025) in 2025, 56.87 per cent (BGL industry statistics 2025) of it in private gardens. That is exactly where design work is given away particularly often. This article shows how a free concept becomes a paid service with a credit rule, and which sentences have to be on the website before the first phone call.

Key takeaways

  • A quote and a design are two different things. A cost estimate is, in case of doubt, not to be paid for (Section 632(3) BGB), whereas design work is a service with a value of its own.
  • The German fee schedule for architects and engineers weights concept design for landscape works at 16 per cent of the fee, preliminary design at 10 and basic evaluation at 3 (HOAI Section 39(3)). That is a grid for your own costing, not a price list.
  • The fee tables in the HOAI are explicitly guide values (HOAI Section 40(1)). Quote them as a reference point, not as a tariff.
  • The credit is the selling point: the design fee is set against the construction sum once the order is placed. The customer pays nothing twice, and the firm does not work on spec.
  • If the agreement is signed in the customer's garden, a withdrawal period of 14 days applies (Section 355(2) BGB). Without an express request on a durable medium there is, as a rule, no compensation for design work done in that period (Section 357a(2) BGB).

Why the free concept is the most expensive item in your sales process

The site visit itself is rarely the problem. An hour in the garden, photos, a few measurements, a feel for levels and existing planting - most firms book that to sales, and that is defensible. The expensive part comes next. Drawing a scaled plan, working through two options, compiling a plant list and costing the works trade by trade produces a deliverable with a value of its own. The fee grid for landscape works puts concept design at 16 per cent (HOAI Section 39(3)) of the total fee, and that is for the design, not for the build. The figure is not a price tag, but it does describe a weight: the concept is not a by-product of the quote.

The second cost stays invisible. A finished concept is a document that can be passed on. It travels to the next firm, which then quotes without any design effort of its own and can be cheaper for that reason alone. The firm that did the design has prepared and paid for its own competition. A design agreement does not just sell working hours, it sets a threshold: customers who pay for a concept collect three comparison quotes less often in practice, and customers who will not pay were, as a rule, not an order in the first place.

The third point is capacity. The average order backlog in new build stood at 17.0 weeks (BGL autumn survey 2025) in autumn 2025, based on 668 member firms. A firm with four months of lead time is not selling free capacity, it is selling a place in the queue. That is precisely when unpaid design is most expensive, because it consumes the time the costed sites need. How an enquiry turns into a workable appointment and then into an order is covered in the article on a quote that gets accepted.

Three questions that come up at the same site visit

Design does not stand alone. Next to it sits the question of where rainwater goes once new surfaces are laid - covered in the article on rainwater infiltration with swales, soakaways and tanks. And next to that sits the question of which share of the later invoice attracts tax relief, covered in the article on section 35a tax relief. Keeping those three points apart during the visit leads to a different conversation than talking only about square metre rates.

Quote, cost estimate, design: three different things

Day to day, three terms blur that German contract law keeps apart. A quote is the declaration that a defined scope will be delivered for a price. A cost estimate is a projection of likely costs; in case of doubt it is not to be paid for (Section 632(3) BGB). A design, by contrast, produces a work of its own: a plan, an assessment of options, a cost calculation. For that, the principle applies that remuneration is deemed to have been tacitly agreed if the work could only be expected in return for payment in the circumstances (Section 632(1) BGB). Whether that expectation exists in a given case depends on what was said and written beforehand. That is exactly why the distinction belongs on the website and in the order confirmation, not in a follow-up conversation.

What the customer receivesWhat it is in legal termsWho normally carries it
A quote for a defined scopeA declaration binding for the period stated; the costing behind it is sales effortthe firm
A cost estimate without warrantyA non-binding projection of likely costs; in case of doubt not to be paid for (Section 632(3) BGB)the firm, unless agreed otherwise
Survey and site inventoryPreparation of the quote, as long as no plan and no concept comes out of itthe firm, where the site visit was announced as free of charge
Concept design with plan, options and plant listA service in its own right; remuneration is deemed tacitly agreed where it could be expected in the circumstances (Section 632(1) BGB)the customer, on the basis of a written design agreement

The practical conclusion from that table is unspectacular: whatever the firm wants to give away is named explicitly as free of charge. Whatever it wants to sell is named just as explicitly as a service with a price, and that happens before the work starts. Disputes arise mostly in the grey zone between the two - the survey that turned into a sketch, the estimate that had already become a calculation. Overrunning an estimate is regulated too: if a material overrun is to be expected, the contractor has to notify the customer without undue delay (Section 649 BGB).

The fee schedule as a weighting grid, not a price list

The German fee schedule for architects and engineers is not binding for a private garden. It is, however, the publicly available grid that breaks design work into comprehensible stages, and that makes it a usable tool for your own costing. For landscape works, the basic services are divided into nine work stages (HOAI Section 39(3)). The first three are the ones at stake when a concept is given away.

  • Work stage 1, basic evaluation: 3 per cent (HOAI Section 39(3)) of the fee. It covers, among other things, the site inspection and advice on the full scope of services and investigations required (HOAI Annex 11).
  • Work stage 2, preliminary design: 10 per cent (HOAI Section 39(3)). This is where the design concept is developed, including examining and assessing options, together with a cost estimate (HOAI Annex 11).
  • Work stage 3, concept design: 16 per cent (HOAI Section 39(3)). The concept is presented at a scale of, for example, 1:500 to 1:100, with details of planting, materials and fittings (HOAI Annex 11).
  • Together that is 29 per cent of the fee before the first machine arrives on site. The remaining six stages, from approval planning through to aftercare, carry the other 71 per cent (HOAI Section 39(3)).

Adopting that structure in your own quotes buys two things. First, a shared language: the customer understands that several stages sit between an idea sketch and a construction drawing, and that they cost different amounts of work. Second, an exit: stopping after preliminary design still leaves something finished in the customer's hands, and the firm has invoiced the effort spent so far. In the object list for landscape works, private gardens and courtyard gardens with representational requirements are assigned to fee zones IV and V (HOAI Annex 11), the top two of five bands that rank the difficulty of the planning task upwards from fee zone I (HOAI Section 5(1)). If nothing else, that shows that a private garden is not treated as a simple case in planning terms.

Percentages are a grid, not a tariff

For the basic services in landscape works, the fee ranges in the fee table are explicitly guide values (HOAI Section 40(1)). If you quote the percentages on your website, present them as a weighting and not as a price. A phrase such as “charged in accordance with the HOAI” suggests something the regulation itself does not carry. “Based on the work stages of the HOAI” is the statement that holds.

Five stations between the call and the order

The route from the phone call to the order breaks down into five stations. The third is the decisive one: between the free site visit and the first line on the plan sits an agreement. Skipping that station means working on spec and negotiating later about work that has already been delivered.

The form asks for plot size, location, time frame and reason. Anyone who fills in those four fields has already decided to plan seriously. How such a form is built is shown in the article on an enquiry form that qualifies.

The branch sits after the second station. Not every enquiry needs a design: a fence, a terrace within an existing geometry, a hedge - those are trades that can be quoted straight after the site visit. The design stage is there for the cases where the layout is still open. Separating the two on the website costs less time on enquiries that do not suit the firm; see the article on getting the right enquiries.

The credit is the real selling point

The credit is the sentence at which resistance disappears. It says: you are not paying for the design on top, you are paying for it in advance. That turns the fee from a new expense into an early instalment, as long as the order follows. Three details make the rule robust: what it is credited against, at what level and within what period. Leave one out and you create exactly the discussion the agreement was meant to prevent.

design-agreement.json
{
  "service": "Concept design, private garden",
  "basis": "Site visit on 12 March 2026, plot of 640 square metres",
  "included": [
    "survey and levels",
    "two design options",
    "plan at a scale of 1:100",
    "plant list with quantities and grades",
    "cost calculation by trade"
  ],
  "notIncluded": [
    "approval planning",
    "construction drawings",
    "site supervision"
  ],
  "fee": "stated in the agreement, due before design work begins",
  "credit": {
    "against": "construction sum of the works ordered",
    "level": "in full",
    "period": "six months from handover of the concept"
  },
  "rightsOfUse": "After payment the plan may be used for the customer's own plot.",
  "withdrawalNotice": "enclosed, because the agreement is signed on site"
}

Two formulations decide the size of any later argument. “Will be credited” without a reference figure is indeterminate: credited against what, the whole construction sum or only the first trade? And “on placing the order” without a deadline works out as unlimited in practice, until someone calls three years later and relies on it. Both belong in figures. The conditions that apply once numbers appear on the page at all are covered in the article on showing prices on your website.

The three sentences that belong on the service page

The site visit is free of charge. The design is a separate service with a fixed price. That price is credited in full against the construction sum if the order is placed within the agreed period. Three sentences read before the first phone call spare the firm the conversation in which it has to justify itself.

When the agreement is signed in the garden

One point is often overlooked. If the design agreement is signed at the kitchen table or on the terrace, it is a contract concluded away from business premises. The consumer then has a right of withdrawal (Section 312g(1) BGB). That is no reason to avoid signing on site. It is a reason to take the right enclosures along.

  1. The right of withdrawal applies to contracts concluded away from business premises and to distance contracts (Section 312g(1) BGB), and therefore to the site visit in the garden.
  2. The withdrawal period is 14 days (Section 355(2) BGB).
  3. It does not begin before the firm has informed the consumer in line with the statutory requirements (Section 356(3) BGB); without that notice the period does not start to run.
  4. Compensation for design work already delivered requires that the customer expressly requested that work begin before the period expires, transmitted that request on a durable medium in the case of a contract concluded away from business premises, and was properly informed by the firm (Section 357a(2) BGB).

In practice that means: the withdrawal notice and the model withdrawal form belong in the folder, and next to them a second sheet on which the customer expressly requests that design work begin before the withdrawal period expires. Without that sheet the drawing starts two weeks later, or it starts and the firm carries the risk alone. What else hangs on the right of withdrawal with private customers is covered in the article on the right of withdrawal with consumers.

What has to be on the website

The website decides whether this model reads as self-evident or as an imposition. Naming the design fee only at the end of the site visit is a negotiation. Having it in writing beforehand is information. Four building blocks are enough, and none of them is a design question.

A service page for garden design

Not a paragraph in the service overview, but a page with the stages, the scope of each stage and the credit rule. It is the address you can name on the phone, and the page that can be found by someone searching for garden design.

A pricing page with the credit rule

Even without a concrete figure the model belongs on the pricing page: free site visit, a stated design fee, full credit on award, a clear period. If you name a figure, name what it refers to and how long it holds.

A form that prepares the visit

Plot size, location, time frame, reason, existing documents. Five fields that make the site visit plannable and let enquiries without intent surface early. The enquiry form is the filter in front of the calendar.

A folder that travels with you

Design agreement, withdrawal notice, model withdrawal form and the sheet with the express request. Printed and ready to sign, not as an attachment in an inbox. What happens next inside the firm is described in the article on what happens after the enquiry.

These four building blocks are a matter of wording, not of styling. They work on a plain page just as well as on an elaborate one, and they work only if the formulations match: what the service page promises, the agreement has to deliver. What a website like that costs overall and what makes up the price is covered in the article on what a website really costs; the build itself is handled by the landscaping website.

Four objections and what answers them

Four objections come up regularly on the phone. They can be answered without cutting the price - provided the answer is settled in advance and not invented mid-conversation.

Objection on the phoneAn answer that holdsWhat the objection means
The others do it for free.The others, as a rule, build the design into the construction sum. We show it separately and credit it. If you do not build, you pay only for the design; if you do build, you do not pay for it twice.A price comparison without a scope comparison; the stages have not become visible yet.
I do not even know yet whether I will build.That is exactly why the design is a separate stage. You decide after the handover, with a plan you keep and a cost calculation you can work with.Genuine uncertainty about the budget; the cost calculation helps here, a discount does not.
Can you not simply send me a quote?For a defined scope, at any time and free of charge. Where the layout is open the quote would be guesswork, and guessed figures change on site.The assumption that a quote is quicker. Usually it is - for the wrong order.
That is far too expensive for a few drawings.The price covers survey, options, plant list and cost calculation. In the fee grid for landscape works, concept design is weighted at 16 per cent (HOAI Section 39(3)), so it is hardly an extra.The scope stayed unclear; the service page has not done its job.

The fourth objection is the most useful one, because it points at a gap in your own documents. If a prospect takes concept design for “a few drawings”, the scope was not stated clearly enough on the page they read beforehand. The same mechanism applies to changes during construction, covered in the article on handling variations properly.

What the industry figures add

Finally, the order of magnitude. Nominal turnover in German landscaping came to 11.11 billion euros (BGL industry statistics 2025) in 2025, spread across 19,898 businesses (BGL industry statistics 2025). Private gardens remained the largest order segment at 56.87 per cent, or 6.32 billion euros (BGL industry statistics 2025); public contracts accounted for 21.23 per cent.

In arithmetic terms: private gardens carry more than half of the turnover, and they are at the same time the segment in which design work is particularly seldom paid for. Public clients tender design services and pay for them; in private gardens the same work is frequently booked as acquisition. That imbalance is not a law of nature, it is a habit - and habits change where the first page a prospect reads describes things differently.

The switch costs little and works quickly: one service page, one credit rule, one form, one folder in the vehicle. Anyone reworking the path from first contact to signature anyway will find the framework in the service overview and can settle the sequence in a conversation.

Sources and references

This article is based on data from: Sections 632, 649, 312g, 355, 356 and 357a of the German Civil Code and Sections 5, 39 and 40 together with Annex 11 of the German fee schedule for architects and engineers, each in the version published on gesetze-im-internet.de, and from the 2025 industry statistics and the 2025 autumn survey of the German landscaping association.

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