When a building contract ends early, one of the first practical questions is whether you can hand the existing plans to a new builder. Many building contracts say that copyright in the plans stays with the builder or designer, so the answer is not always straightforward.
Can you use the existing building plans?
Ending a building contract does not, by itself, settle your right to use the plans. Copyright, who owns the plans, the terms of any licence and the wording of the contract all need to be considered. Paying for plans does not necessarily give you an unrestricted right to copy them, change them or give them to another builder.
What are your options?
- Check the building contract and any separate design agreement to see what they say about copyright and use of the plans.
- Ask the builder or designer for written consent or a licence to use the plans, which may involve paying a fee.
- Get advice on whether you already have a licence to use the plans in the circumstances, before a replacement builder relies on them.
Don’t simply use the plans without permission, and don’t assume that changing them slightly avoids the problem. Keep the design agreement, the building contract, your payment records and all correspondence.
For tailored advice, speak with our building and construction lawyers in Melbourne. Call us on (03) 9629 2211 or send us an enquiry.
This article provides general information about the law as described above. It is not advice on your circumstances. Laws, procedures and deadlines can change, so please get advice about your matter, particularly before signing documents or where a deadline may apply.
