Guys, Altho this question is for our personal house I thort this forum was the best one to ask advice on
Basically we were just about to pay an architect to draw us up some plans for our house when we drove past a house that we want really liked the look of. So, we knocked on the door and the owners were more than happy to show us through the house. Basically we were going to an owner builder and this is what they did. The owners paid an architect to draw up plans/color drawings etc so the owners own the copyright to the plans.
They paid $4500 for the plans. ($7500 total including engineer and color drawings etc).
Now, basically will just replicate their house onto our property and just pay a draftsman to draw the house onto our property and do a few very minor changes. [house is 42sqm]
We asked the owners how much they wanted for us to copy the plans and build a house with it. They said “make an offer”. they will also supply all the contact details for tradesmen that they used and were happy with and offer advice about what are the easier ways to do things. Total cost of the build for them was $450k but we think we could do it for $350k
so, how much would be a fair price to offer for the plans and color drawings ????
Well I guess they said make an offer because they also don’t have a value in mind.
I am thinking that I would offer something like $500-1000. There is probably no competition and they will welcome this cash for simply copying documents they have tucked away somewhere.
Worst that can happen is that they counter offer then you can take it from there.
Let us know how you go. I think it is great you knocked on their door – many people wouldn’t!!
Simon Macks
Finance Broker
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
You said the owners own the copyright?
Surely they then can do what they wish with them?
Simon Macks
Finance Broker
[email protected]
0425 228 985Comments may not be relevant to individual circumstances. If you intend making any investment, financial or taxation decision you should consult a professional adviser.
Seem to recall a recent post where a similar thing was raised. Something along the lines that even though the owner may have paid for the plans to be drawn up, the architect still owns to the IP (although the post was more along the lines of the project home builders). I did suggest at the time that this was stupid as that is what you pay for essentially but was told that that was copyright law.
If this is the case, I would look into it further before handing over cash to the property owner as it may be something they cannot sell you!
Hi Tracka,
I would go direct to the architect and ask if their plans are for sale either through the house owner or through them. Copyright can be a little problematic and I am not sure where the plans stand in terms of copyright.
For me I would consider them in the same category as wedding photos – you pay the photographer and the photographer owns the copyrights to the photos as it is their skill that has been used.
Derek
[email protected]
0409 882 958
Property investment advice and researched property in quality locations available.Would there not need to be a notice “protected by Copyright” or something along those lines?!
Cheers
C@34Our greatest weakness lies in giving up. The most certain way to succeed is to always try something one more time.
– Thomas EdisonThe architect owns the copyright. The client only buys a ‘licence’ to use the plans in the construction of their house. You cannot copy them without the architects permission.
Cheers
djCTracka, if the owners can in fact sell the plans, I would offer them half what they paid. Fair’s fair. What would you want in their position? I think an offer of $1000 would be insulting especially as you’re talking about your home and their home not just some investment.
Hi,
The criminal mind behind knowitall disguises a man / woman of logic.
The premise is still correct, don’t pay for what you don’t have to and my experience tells me I even like to make subtle changes to a plan myself even if it has been done by an architect, as they do the plans without hindsight and and without a full scale verison to look at. To say that their product (and end) is perfect would be usually, inaccurate. Change what you like about the current one.
See what you want, or draw it up yourself on a scale grid (not that hard and fun!) and give it to a drafty. All the same, if you have no creativity, and no ideas, fine, go with the arch, as they can come up with some amazing ideas.
Oh, yes, and by the way, do make necessary changes to make it differ from the copyright version.
I have also been close (it was averted at last minute) to being taken to court from archt from duplicating plans, however, as I knew from the outset that I was going to duplicate these in other developments I made sure that my communication between me and the arch was good. I logged all my plans and sent them via email (and fax) before personal presentation and made sure the premise was there that they were always MY plans, that HE had tdraw up for me. I just didn’t have the CAD program he has availability to.
That is, I DREW the plans, he just formally put them into a CAD program.
Cheers
Gavin
Be careful in copying someone else’s plans.The copyright belongs to the architect,and simply adding or removing a few walls or windows is not sufficient to show that it is your design.
Tools
The architect will own the copyright, u would need to speak to that org.
Regardless of the copyright issue…
Are you sure their house plans are applicable to your block? In addition to drawings, an architect will have considered council regulations pertinent to their property. And an engineer would not simply have looked at the architects plans, he would also have had to look at their property, and consider structural implications.
You may find that the ground under your house is different to that of theirs. May look the same to us, but from a structural pov you may be required to have a different type of footing, or use different materials, etc. There may be water running across your property beneath the upper soil structure, which you may have to build around or divert.
They also need to take into consideration if there are any underground pipes, and the placement of electricity, water, gas etc – which may well not be the same as the drawings.
Does their house face the same direction as your own? You might find that their sunny kitchen will be gloomy with your block’s positioning, etc.
How is the proximity to your neighbours? Council’s often have restrictions on placement of new works if it inhibits neighbours in any way, so the current placement of their houses will affect what you are and aren’t allowed to do. You may have to be set further back from the road, or allow additional space along the fence line. You may have to reconsider your roofline if it is going to cast a significant shadow beyond your own border – changing the side that a second story inhabits etc.
Good luck.
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