Can I Charge a Design Fee as a Contractor?

As a licensed landscape architect who works closely with contractors across a range of residential and commercial projects, I’m often asked a familiar question:

“Can I, as a landscape contractor, charge a design fee—even if I didn’t personally do the design work?”

The short answer is yes—in many cases, you can. But as with most things in this business, the real answer depends on the details: who’s doing the design, what kind of project it is, and how the service is presented to your client. It also helps to understand the legal framework that governs landscape architecture—particularly the distinction between title law and practice law, which most states enforce in some form.

If you’re working with a licensed landscape architect, either directly or through a subcontractor arrangement, you are well within your rights to charge your client a fee for those services. You can mark it up, bundle it into your overall proposal, or break it out as a separate line item. This is a common and legal practice in design-build operations.

In this setup, the licensed landscape architect takes professional responsibility for the design work, and you maintain control of the project and client relationship. Just be sure you’re transparent about the roles. Even if the client sees you as the face of the project, don’t present yourself as the designer unless you hold that license.

When using an unlicensed designer, the rules change. For many residential projects, basic planting plans and conceptual layouts are often acceptable without a license—especially if they don’t involve permitting. You can typically charge a fee for that type of work. But as soon as the design involves commercial development, construction-level drawings, or submission to a permitting agency, the law usually requires the involvement of a licensed landscape architect.

Charging for unlicensed design on a project that falls under protected practice law can expose you to serious risk—legal liability, licensing complaints, and possible contract disputes.

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Title Law vs. Practice Law

It’s important to understand how your state regulates design services. Most states have both a title law and a practice law in place for the landscape architecture profession.

• Title law limits who can legally call themselves a “landscape architect.” Even if someone does similar work, they may not use that title unless they’re licensed.

• Practice law governs what kind of work must legally be done by a licensed landscape architect. This includes construction documentation, site grading, drainage planning, irrigation design, and any plans submitted for permitting.

In states with both types of regulation—which includes most of the U.S.—it’s not just about what someone calls themselves. It’s about whether the actual work performed falls under protected professional scope.

As a contractor, if you’re offering services that legally require a landscape architect but trying to fulfill that with an unlicensed designer, you’re likely in violation of practice law—even if your intentions are good.

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Bundling Design and Estimating Fees

In many cases, it makes sense to bundle your design and estimating services into a single fee or project development package. This approach has several benefits:

• It positions you as a solutions-based professional.

• It reduces client hesitation by simplifying the proposal.

• It avoids breaking out costs in a way that invites comparison shopping on individual tasks.

For example, if you’re offering a conceptual layout and a detailed materials estimate to help a client budget a project, packaging that as a single “project planning fee” is often easier to sell and justify—especially in the residential market. If you’re working with a licensed designer, that cost can still be wrapped into the package legally and transparently.

Just remember to communicate clearly. If the bundled services include design work that requires licensure, make sure the client knows the work is being produced or overseen by a licensed landscape architect.

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Avoid Misrepresentation

Regardless of how you structure or bundle your services, avoid presenting unlicensed design as licensed work. This includes:

• Referring to unlicensed design work as “landscape architecture”

• Implying that plans are “ready for permitting” if they haven’t been reviewed by a licensed professional

• Using a title or credentials you haven’t earned

Instead, describe the service accurately: concept plans, visualization layouts, or budget-level site sketches are all fair game—just keep it honest and clear.

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Final Thoughts

Offering design services can be a major asset for contractors who want to differentiate their businesses and serve clients more completely. But it needs to be done with awareness and responsibility. Know the boundaries set by your state’s licensing laws, understand the distinction between title and practice protections, and always communicate clearly about the scope and source of your design services.

Bundling design and estimating fees is a smart and efficient way to offer planning services without overcomplicating your proposal—but just make sure the work itself stays within legal and professional boundaries.

If you have questions about how these laws apply to your work, or want to better understand where that line is drawn, feel free to contact me. I’m always happy to help clarify how design, licensing, and construction work together in our industry.

~ Eric