Copyright on planning

[chopc]

So we were working with a builder on a house we are buying. I asked if I should get drawings done independently by an architect but he said we pay for the drawings, and if we go ahead with them they take money off.

Now he has stuck a copyright on the drawings. His quote is too expensive for us to proceed.

He is asking for £6K to release the copy right

I suppose I can get the drawings done again by someone else as our plans have changed slightly since and all works falls under permitted development even though it had been sent to planning

Any advise will be appreciated

Bump in case anyone can help

All sounds a bit odd and IANAL but would probably just give them to whoever you want to do the drawings now, and get them to use them as a starting point. You have paid for them so you should be able to use them. It's not like they did the work at risk in which case it would be a bit cheeky to use. I can't see how he would even know what you have used the drawings for.

I have googled and apparently copy right on planning is thing

Architect here. When you pay for planning drawings, you are paying for a licence to use them to obtain planning permission. If you have paid him to do the drawings, you still have a licence to use them for planning, even if he won't be building it. He can withhold the CAD file so if you need someone to do technical drawings, they'll have to start from scratch, but he should release PDF copies of you for the purpose for which you commissioned them. If he doesn't, threaten small claims court. You couldn't use those drawings for any other project, that would be copyright infringement.

That's my understanding of it anyway. You could call the RIBA and ask for their advice.

That makes sense! Thank you @wineymummy

I work on a planning committee. If it helps I have seen everything from the crudest basic drawings right through to extensive detailed architectural drawings. I would contact your local planning department and ask for some advice on what they will be happy to have submitted

@pinkginplease
The plans have already been submitted and falls under permitted development

Payment was made for that as well as the drawings done

The builder is saying the drawings can't be used to build on by anyone but him (before he said we would own the drawings and can tender to anyone) as there is a copyright on the drawings. However he used a previous architect's drawings to get the existing plans.

So he's trying to say that you can't use those drawings to do the building work? Are they even detailed enough to build from? I don't know he could possibly know whether you've used his drawings to build from. Unless he thinks he owns the copyright to the finished product too...in which case good luck to him proving that!

@whatsthecomingoverthehill yeah obviously he is cheesed off he didn't get the job. But we paid his £2200 for the drawings (which I know wouldn't have cost him more than £1K at the most as he already had the existing drawings. Then another £380 to submit them for planning

When you put it like what you have it sounds absurd

@wineymummy I will call RIBA but currently abroad and may not catch them.

If drawings have been paid in full for planning purposes, I know we can submit them for planning even if we are not using the same person for construction. But do we have a right to then build what we have submitted to planning using a different builder?

Yes I believe so. It's all a bit specialist for me to give you a fully accurate answer but I doubt your builder's case would stand up in a court of law. By paying him to obtain planning, there is an implied licence that you will build from those drawings.

@wineymummy many thanks