Browse Forums General Discussion 1 Jul 29, 2012 10:53 am If Builder A has the perfect design for a house, but the customer wants to build with Builder B, what are the legal issues around using Builder A's design? I thought that a certain percentage of the design needed to be changed but I can't find the details. Is anyone able to point me in the direction of the requirements please. Is it different if the customer decides to go Owner Builder? Thanks! Re: Question about modifying/using another builders design.. 2Jul 29, 2012 11:12 am This is a minefield and I would strongly advise against it. For more details see this link: http://www.anewhouse.com.au/?p=532 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: Question about modifying/using another builders design.. 3Jul 29, 2012 12:28 pm I would approach Builder A and explain I want to be owner builder and ask to buy right to use their design as a one off licence. This way you pay for the perfect plan and the builder gets paid for his intellectual property and everyone should be happy. If you tell the builder A that you want to use another builder he may not want to sell you the licence. In any case if the builder A says NO then read what bashworth says, he is right. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Question about modifying/using another builders design.. 6Jul 30, 2012 5:16 pm There are so many project homes out there, it is hard to believe any plans are really original. Suggest you draw up plans of your own "influenced" by other plans Re: Question about modifying/using another builders design.. 7Aug 01, 2012 7:34 am Thanks for the thread link Stewie. I tried to search but couldn't seem to come up with much! I agree free will. Some of the plans from different companies all look quite similar too! Re: Question about modifying/using another builders design.. 8Aug 01, 2012 11:10 am I remember that I read somewhere ( maybe here ) that if you change more than 10% of a copyrighted floorplan that it is regarded as being a different design. Quote: Is it different if the customer decides to go Owner Builder? No it doesn't matter who builds it , the copyright is still enforceable on the plans. Stewie Re: Question about modifying/using another builders design.. 9Aug 01, 2012 11:37 am RenoBliss said that builder A had "perfect design", why would you want to change it? To get around the copyright you would have to modify perfect design substantially into something less perfect and pay another draftie for the privilege. It makes no sense to me. It makes sense to just buy the licence to use the plan from the builder A and you don't have to worry about copyright infringement. I assume there is rational explanation for not wanting to use builder A for the construction, if not go with builder A. Foremost Building Expert in Australia,assisting with building problems/disputes, building stage inspections,pre-contract review advice for peace of mind 200 blogs http://www.buildingexpert.net.au/blog Re: Question about modifying/using another builders design.. 10Aug 01, 2012 12:01 pm Well I've had clients in the past who have enquired about using someone elses design to be told that it would cost them $15,000 for the privilege. They got me to draw their plans for $11,000 less. I'll be very interested to see how much this "Builder A " wants for his. Stewie Broker here - legislation says that every true broker must put the clients best interests before theirs so in theory they must offer you the best options for you on their… 2 46012 0 2020 Hi, Apologies - I know there is plenty out there on this but struggling to put together the puzzle. We're planning our garage/external laundry to master bedroom and… 0 11116 |