Browse Forums General Discussion 1 May 25, 2011 8:50 pm Say I have paid a Draftsman to put together a Town Planning application with the required Drawings, Site Description/Analysis, Shadow Drawings, etc and they have been submitted to Council and are to be processed. When I am issued with my town planning permit, can I then take those drawings and independently seek out someone else to do Working Drawings and Engineering Drawings etc ? Do I "own" the initial drawings that I paid for, despite them having Copyright Declaration by the draftsman ? Re: Who "owns" plans etc submitted for Planning Permit. 2May 25, 2011 9:58 pm You own the plans for your use on the development that the planning permit applies to. Copyright prevents the drawings being used by someone else or for other developments. The Harder You Try - the Luckier You Get ! Web site http://www.anewhouse.com.au Informative, Amusing, and Opinionated Blog - Over 600 posts on all aspects of building a new house. Re: Who "owns" plans etc submitted for Planning Permit. 4May 26, 2011 10:54 am Ok, thanks for your help. The reason I ask is that now that plans etc have been submitted for town planning approval I am giving serious consideration to getting the Working Drawings, Engineering Drawings etc done myself (via the appropriate professionals) rather than handing over this process to the persons that did the work up to this point. In order to do so, would I need the files of the plans submitted to Town Planning in electronic format or are the plans on paper ok? Re: Who "owns" plans etc submitted for Planning Permit. 5May 26, 2011 11:23 am I don't think they'll take e copies. My council required 3 copies of all drawings of min A3 size on paper. + 2 copies of all other documents Re: Who "owns" plans etc submitted for Planning Permit. 6May 26, 2011 12:07 pm Prometheus In order to do so, would I need the files of the plans submitted to Town Planning in electronic format or are the plans on paper ok? You don't have to have the electronic files, the new draftsman can re-draw (on his cad system) from the hard copy. But as you can appreciate it will certainly be easier and cheaper if they can get access to the original electronic plans and go from there. Accessible Carpentry & Cabinets accessiblecarpentry@gmail.com accessiblecarpentry.com.au https://www.facebook.com/pages/Accessible-Carpentry-Cabinets/583314911709039 Re: Who "owns" plans etc submitted for Planning Permit. 7May 26, 2011 1:58 pm Oh right, copies for the new draftsman. Yeah electronic files would be easier. even a .pdf should be OK as the draftsman should be able to unlock the file and backwards convert it into CAD. Re: Who "owns" plans etc submitted for Planning Permit. 8May 28, 2011 10:31 pm Depending on the agreement you have with your current draughtsman see if the agreement does include the supply of both hard copies and digital DWG files. If so you are in luck, It will make it so much easier. If you have fully paid for the drawing work, the ownership of the drawings is your for the use only on the lot of land they were drawn for and only once. I dont believe a draughtsman hold moral rights over the drawings in your state. A registered Architect own the moral rights to the drawings and has to be advised and generally approve changes to the design. You may need to check further your legal rights in your state. Re: Who "owns" plans etc submitted for Planning Permit. 9Sep 19, 2011 10:15 pm Back again and after some advice. I have got town planning approval for the abovementioned developement and had then a meeting with the draftsman/designer and the builder about the next steps and fees that I would arrange and pay with the relevant utilities, water, electricity. I also explained to them that I would be getting quotes for the engineering. In the meantime I have been doing some checking and got a bit spooked when certain information regarding the "builder" did not quite match up. (I'd rather not go into details) I organised to meet with the builder as he wants me to choose colours etc for the submission to Council for the conditions of the Planning Permit. At this meeting, partly because of having been spooked (no jokes please) I asked the builder whether I could take the plans to another builder. I pretty much got the response I was expecting. He is saying that the plans belong to him as he is a client of the draftsman/designer and I in turn am the builders client. When pressed as to how much it would cost to release the plans (If this was to be the case) we kind of went aroung in circles. As to this arrangement, it has not been made explicit on paper and to my memory it had not been explictly stated. I am going to arrange to meet with the draftsman/designer and see what work he has done so far and try and get advice from the right persons/professionals. Can anyone offer any advice and suggest as to who I would need to speak with in order to clarify where I stand? Re: Who "owns" plans etc submitted for Planning Permit. 10Sep 20, 2011 7:43 am I downloaded a 5 page pdf from the Copyright Council back in 2007 titled Information Sheet G017 " House plans & Copyright " after a client refused to pay me for plans I had drawn after many changes. He then engaged another draughtie to submit the plans to the local Council.
After toing and froing for a couple of months and not getting a cent my solicitor took him and the other draughtsman to court and I got $8,000. Interestingly my final bill to him was only around $6,300 but he was just being a d...head by trying to screw me. I found out later he tried to screw the builder for $30,000. It pretty much gives you the legal slant on your dilemma from the CC's view. Go to http://www.copyright.org.au/find-an-ans ... -keywords/ and type in "House Plans " then search. The above G017 pdf should appear for you to download. Stewie Re: Who "owns" plans etc submitted for Planning Permit. 11Sep 26, 2011 12:58 pm If payment has not been made, then it is obviously a problem. What if payment HAS been made and the intention is to use the plans on the one single project? Basically, I am in a sutuation where the "builder" is saying that he is the client of the Designer and I in turn am the client of the "builder" and despite having paid for everything so far, the "builder" is claiming that the plans are his and that I might/should have to pay the "builder" for those plans. Personally I think he is bluffing and that by rights the plans are mine. Re: Who "owns" plans etc submitted for Planning Permit. 13Mar 19, 2014 5:51 pm I ended up walking away from the two of them and got it all redesigned by someone else. You live and learn. The draftsman works out of Altona Meadows, a large man with a tiny pea heart and the builder works out of Point Cook; a pathetic little man with an overblown opinion of himself. 2 31333 Give Jonathan a call. Tell him you know me. He is in my opinion the best surveyor I have ever worked with. His number is 0425 285 622 All the best Simeon 3 12372 I am not based in Victoria however i had a quick look into your question to understand what you were asking. The way I read the regulations, overshadowing relates to the… 1 2218 |