Browse Forums General Discussion 1 Jul 07, 2013 2:46 pm Hi all, needing some advice. I am looking to custom design my new build, only the few builders ive worked with regarding my plans/design tell me that although i have presented them with a to-scale floor plan (not in AutoCAD or similar) that basically they hold the rights to that design when it is drafted up, so i can't take that design to another builder.. Im thinking of taking all my drawings and info to a draftsman and getting it done up, that way i own the designs and can shop around if a builder comes in with a high quote. I have a contour survey done, soil test will be done in around a month, is there anything particular i should be providing to the drafty so he can draw up the plans? Anyone know what the price would roughly be? It is a 31sq 2 storey house Never argue with an idiot. They will only bring you down to their level and beat you with experience. George Carlin Re: Ownership of your plans before seeing a builder 2Jul 07, 2013 3:20 pm Hi ... I have had a bit to do with owner building and drawing up your own design plans. As far as I am aware that as soon as you take your plans to a draftman regardless of the detail presented and they complete the drawings, they own the plan copyright. But it would be unlikely that they would care what builder you end up useing. But you would not be able to prevent them from using the same plan for another client. Cheers ... Nick Re: Ownership of your plans before seeing a builder 3Jul 07, 2013 3:46 pm Thanks Nick My concern was spending all this time,energy and money with a specific builder and in the end for whatever reason you decide not to go with them, you can't use the same design with a different builder,even thou you have designed it but not drawn it up as working plans. What i am wanting to do to is bypass that step with he builder, draft up my own working designs and find a builder that is willing to meet the requirements within my budget Never argue with an idiot. They will only bring you down to their level and beat you with experience. George Carlin Re: Ownership of your plans before seeing a builder 4Jul 07, 2013 4:13 pm Hmmmm Nick I think that you might be wrong. Copyright law in Australia is also there for your protection as much as the builders. The plans they draw would have to incorporate siginifcant design differences to allow them to have copyright. The law protects one such that if you present your plans in some sort of drawing, the more detailed the better, copyright attaches and you do not have to state it either. It is automatic. I think that builders will try and scare you think that you will not know any better. I think that if you draft up plans and they are substantially the same then there may be joint ownership of the design. Research copyright of house designs you will find that you have a lot of rights actually. That is also why you should not substantially copy designs that you see on the net either. Not sure if this will work --->>> http://www.google.com.au/url?sa=t&rct=j ... YbTTUM3zRw BTW, I drew up all my own plans and informed my builder that I can prove that the design came from me as I presented it in electronic form via email thus establishing a timeline. After that the threatening tone was dropped for a more favourable one. Ciao Mark Re: Ownership of your plans before seeing a builder 5Jul 07, 2013 4:42 pm Basically you own the copyright of the concept design to the level you have developed it as AussiMark has said. Once the builder has drawn it up he owns the copyright to the developed design. That means if you want to go to a 2nd Builder then can only present your concept plans to them and they have to draw up the develop the final plans again. 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: Ownership of your plans before seeing a builder 6Jul 07, 2013 4:51 pm Thanks guys, Roughly how much does it cost for a drafty to create plans to submit to council. i have done pretty much everything, except wall thicknesses. Never argue with an idiot. They will only bring you down to their level and beat you with experience. George Carlin Re: Ownership of your plans before seeing a builder 7Jul 07, 2013 6:02 pm Assiemark ... thanks for your info I guess the draftmen I have delt with may be like to give that impression that they own coptright by displaying copyright on the finished plans but it might not hold up if tested in law. But then again it may also depend on how much detail is given in the origonal plans given to them in the first place. Re: Ownership of your plans before seeing a builder 8Jul 07, 2013 8:35 pm Have a contract between yourself and the drafter that states that you own the copyright of the final drawings. As a contract designer/drafter it's a standard condition that any work I do for the company I'm working for, they retain copyright and IP of any designs I come up. ----------------------------------------------- http://pab34newdigs.blogspot.com.au/ ----------------------------------------------- Re: Ownership of your plans before seeing a builder 9Jul 08, 2013 8:56 am I'm in the same line of work as PAB_34 above and I have the copyright segment in the legend of all my drawings in bold. I'd do a bit more work on your drawings yourself with dimensions of all the rooms ( including wall thicknesses ) shown on your plan before you give them to a draftie. That ties them down to sizes and like others have stated above it would be pretty hard for anyone else to lay claim to your design. Quote: I have a contour survey done, soil test will be done in around a month, is there anything particular i should be providing to the drafty so he can draw up the plans? Anyone know what the price would roughly be? It is a 31sq 2 storey house Have you done any elevations ? Most of the new home/major reno work I do comes in at around the $3000-$3500 mark for a full set of drawings that go to the council depending on the complexity of the job. Any other fees like surveyor, geotech, council fees etc are on top of that Stewie Re: Ownership of your plans before seeing a builder 10Jul 08, 2013 3:33 pm Thanks Stewie, I have laser leveled the block and worked out elevations and how the build would sit Never argue with an idiot. They will only bring you down to their level and beat you with experience. George Carlin There is evidence of water on the head reveals. That could have happened during the build, or may be happening currently. There are water stains above a couple of windows… 2 3830 Ardo That is so funny! I wonder how many people know who Larry Haun is these days. I have a couple of young guys we call Mo 1 & Mo 2 who run a crew of 6 boys and… 9 15511 You should check your detail drawings, it may show downpipe within brick pier. 14 14099 |