Questions about house plans

C&D · Jan 22, 2008 5:10 pm

Hi

I'm glad I found this great forum, it's already given me lots of tips already!

My husband and I have just decided we would like to build a new home because our current house is on a tiny block. We are going to build on approx 8 - 10 acres so the kids will have heaps of space.

So anyway, we have looked at some display homes and have fallen in love with a plan from Plantation Homes, however do not necessarily want them to build our house. (would be happy to go with a smaller/local builder if the price was comparable for better quality)

We'd like to get some more quotes from other local and smaller builders, but we really love the Plantation design, do they let you use their designs if you pay them some sort of fee? If they do, what sort of price range are we looking at?

Thanks in advance, I'm sure we will have lots more questions in the coming weeks!

Edited to add: we are not interested in designing our own home, we prefer to be able to walk through somewhere to see what we are going to get. We've looked at designs on the web, only to walk through the displays and realise we don't like them.

C

nzfiona · Jan 22, 2008 5:17 pm

All builders to whom we talked when deciding on who would build our home said the same thing: "If there's a plan you like and it isn't ours, bring it in anyway."

To be perfectly honest, if a company gives out floorplans to the public, there is obviously an awareness that people will take a plan they like to a builder they like.

So check with all builders when you speak with them. They will more thna likely say they are happy to look at anything.

Fiona

C&D · Jan 22, 2008 5:23 pm

Thanks for the quick reply, we'll see what they say

stonecutter1309 · Jan 22, 2008 5:56 pm

But most designs are copyright.

Was it H3nly that was sued by PD (or perhaps it was the other way around) about copyright of designs. There is a thread on here somewhere about that.

Therefore - if you get another builder to build the design without obtaining copy approval from Plantation - they could sue you - potentially for the cost of the house or more if punitive damages could be claimed.

Casa2 · Jan 22, 2008 6:00 pm

I would offer to purchase a set of plans. If Plantation refuses all you can do is use the ideas, but no the design.

blackmax · Jan 22, 2008 6:09 pm

Take your plans to your local builder & discuss with them.

I've walked through new houses going up in estates and have sworn blind that I was walking through a plantation house (you become rather intimate with the project builders layouts when you go looking at displays), only to get outside and see the sign up of a small local builder.

Technically the plans are copyrighted. However, all that your local builder needs to do is make a few minor changes to the layout (I think it's around 10% - don't quote me on that!) and they can build the house as you want.

I'm sure if you put your thinking cap on and make some minor changes then you should achieve your desired outcome.

blackmax · Jan 22, 2008 6:10 pm

Take your plans to your local builder & discuss with them.

I've walked through new houses going up in estates and have sworn blind that I was walking through a plantation house (you become rather intimate with the project builders layouts when you go looking at displays), only to get outside and see the sign up of a small local builder.

Technically the plans are copyrighted. However, all that your local builder needs to do is make a few minor changes to the layout (I think it's around 10% - don't quote me on that!) and they can build the house as you want.

I'm sure if you put your thinking cap on and make some minor changes then you should achieve your desired outcome.

HomeReview · Jan 22, 2008 7:47 pm

Floor plans are intellectual copyright. The way to achieve the design you want is to show how it was created. Two designs from two different builders could be near identical ,but provided both show how the designs developed it is not a copyright offence. The reality is there are only so many room configurations until you run out of combinations.

bec · Jan 22, 2008 9:05 pm

my understanding is plans are copyright and draftsmen/builders can sue if they find out youve built their home (I know of this happening twice near me)

however I also know of someone purchasing the plan off the original
builder to get someone else to build (some may say yes some no)

(funnily enough the company later saw the house and sent a letter
saying youve breached our copyright etc until the paper trail made it clear
they had done the right thing by paying for the plan)

as for making a few changes you have to be very careful as yes plans
are copyright and a few changes even 10% may not make it ok in court
if a company decided to pursue it

that said theres so many plans so alike isnt there!

also a smaller builder may not have the same buying power as a larger
building company and so would prob. cost more (plus added cost
of the plan youve gotta buy) so have to way that up

just my thoughts

Jet79 · Jan 23, 2008 8:48 am

One way we got around this was I did a rough drawing of a house I liked and took it to a small builder, I didn't tell him which builder it was from. I didn't have any measurements written down, just where I wanted all the rooms to go. He then did me a design that was nearly identical to the one I had copied, now he had all the paperwork to say we had designed it from scratch. The room sizes were different and the layout of the bathrooms were different but the general layout was the same. But when it came to pricing it was much cheaper to go with the larger builder, I would just have to wait about 6 months more.

That aside we ended up going with Dixon who had a VERY similar design to an Adenbrook home on their books. If you look around you will find very similar houses between most volume builders.

Jet

C&D · Jan 23, 2008 1:41 pm

Thanks for all the replies. I thought there was some kind of copyright on designs.

My husband has been talking to someone he knew who had recently built a house, and apparently he bought some plans for $2500 from a builder and went owner builder, so some companies must sell their plans.

muzzman · Jan 23, 2008 4:26 pm

Quote:

Technically the plans are copyrighted. However, all that your local builder needs to do is make a few minor changes to the layout (I think it's around 10% - don't quote me on that!) and they can build the house as you want.

I asked a similar question about the 10% rule on this forum a few months ago, and turns out it's an urban myth - you are not allowed to copy anything and use it (unless otherwise approved) - it has to be original work. How do you measure the 10% anyway - especially with a house plan?

The best thing to do would be to talk to the builder who's plan you want to use (in this case, plantation) and explain the situation and why you want to - just be professional about it and do it in writing - and maybe even make an offer and see what they say. The worst thing they can do is say no - and then you can use the other suggestions posted in this thread.

My wife and I are in the same situation - we're in Melbourne with a weird shaped block and a Newcastle builder has a plan that not only is one of the only ones that I've seen that will suit my block but is also one that we love. When we are ready to build we will be talking to them about it...

muzzman · Jan 23, 2008 4:27 pm

Oh and BTW, does anyone know what happens to the plans and copyright if the builder goes bankrupt/closes down?

stonecutter1309 · Jan 23, 2008 4:36 pm

Copyright ownership for individuals extends to their death - so their estate has ownership. Not sure what the case is for corporations.

However, if the builder goes bankrupt - I don't think they'll have the resources to sue you for breach of copyright!

Talinsmum · Jan 23, 2008 5:06 pm

muzzman

My wife and I are in the same situation - we're in Melbourne with a weird shaped block and a Newcastle builder has a plan that not only is one of the only ones that I've seen that will suit my block but is also one that we love. When we are ready to build we will be talking to them about it...

Hey Muzzman,

I am a Newcastle girl - which builder has taken your fancy?

oh and if you need any help locating the builder or if they have a display of the house of the plan you like (we're often at the local display villages) and would like some photos I'm sure I can get some for you on my travels ...

Fiona

OHMS · Jan 27, 2008 1:25 am

blackmax

Take your plans to your local builder & discuss with them.

Technically the plans are copyrighted. However, all that your local builder needs to do is make a few minor changes to the layout (I think it's around 10% - don't quote me on that!) and they can build the house as you want.

I have heard this a lot, but I am sure that you will find the 10% notion to be a myth. A few recent cases have shown that to be the situation. Plans once put on paper are copyright of the artist/designer and small changes don't make any difference to that. Cheers.