Paying for your house plans doesn't mean you own them. In Australia, copyright in plans usually belongs to whoever drew them, which is your architect, building designer or builder, unless your contract says otherwise.

For most people building one home on one block, that's not a problem. It becomes a problem when you want to change builders, build the design again, or hand the plans to someone else. Here's what you need to know before you sign.

This is general information, not legal advice. If copyright matters for your project, get a lawyer to check the contract clause.

a drawing of a building with a red roof
Photo by Jason Sung / Unsplash

Who owns the plans by default

Under the Copyright Act 1968, plans and drawings are artistic works, and copyright belongs automatically to the person or business that created them. Copyright in Australia is automatic: there's nothing to register, and no government agency keeps a register of who owns it.

So unless your contract assigns copyright to you:

  • If you use a builder's standard design, even with changes, the builder almost always keeps copyright.
  • If you commission an architect or designer, they usually keep copyright.

Even without owning copyright, if you commissioned and paid for plans you'll usually have a licence to use them to build that house on that site. That covers getting approvals and getting it built.

What you generally can't do without permission:

  • Reuse the plans to build another house.
  • Hand the plans to a different builder or designer to build from or rework.
  • Sell or share the plans.

Many contracts say your licence to use the plans, or copyright if it's being assigned, only passes once you've paid in full. Check yours.

Usually not. If you want one house, built by the builder you've chosen, on your block, a licence to use the plans for that job is enough.

It's worth negotiating ownership, or a broader licence, if:

  • You might change builders part way through, or want to take a design to several builders for quotes.
  • You want to build the same design again, such as a duplex or a second investment property.
  • You're paying for a fully custom design and want to control who else can use it.
  • You plan to develop and sell house and land packages using the design.

Expect to pay more for an assignment. Plans are a builder's or designer's stock in trade, so they will price that in.

What to look for in your contract

black-framed eyeglasses on white printing paper
Photo by Mari Helin / Unsplash

Search the contract for "copyright", "intellectual property", "plans" and "drawings". Then check:

  • Who owns the copyright? If the contract is silent, the creator keeps it.
  • What licence do you get? Does it let you build on your site, and does it continue if the contract is terminated?
  • Can you use the plans with another builder if things go wrong?
  • Can the builder reuse your design for other clients? If you've paid for a custom design and don't want that, ask for a clause that says so.
  • When does your licence or ownership start? Usually on payment in full.
  • Can you make changes to the plans during the build or later?

An assignment of copyright must be in writing and signed by, or on behalf of, the owner who is giving it up. A clause in the contract can do this if it is clear and the copyright owner signs. Keep the signed assignment with your contract documents.

Make sure the assignment covers all the plans you need, including any drawings by sub-consultants such as the engineer, who may own copyright in their own drawings.

The short version

  • Paying for plans doesn't make you the copyright owner.
  • You'll usually have a licence to build that house on that site, which is enough for most people.
  • If you want to change builders, reuse the design or stop others using it, get it in writing before you sign.