The buyer of a property will often purchase a property with the benefit of an existing planning permission. The new buyer will often wish to implement the planning permission.
In such circumstances it is important for the buyer to ensure that they can use the drawings that have been prepared. Often, planning permission is granted on condition that the development is carried out in accordance with specific drawings and plans.
Such plans will usually be prepared by an architect. As such, the architect who prepared the plans will have copyright in those drawings. This is the case even if new drawings based on the original ones are created by someone else.
This issue arose in a recent case. The building works were extensive so the financial consequences were serious. The case involved the conversion of office buildings into student flats. A buyer purchased the property with the benefit of an existing planning permission. The buyer appointed a new architect and proceeded with the development. The new architect produced plans which were substantially similar to the original plans. The buyer was sued for infringement of copyright and unsurprisingly they lost the case. The second set of plans which had been produced were very similar to the original drawings.
It is very important therefore to ensure that such issues are considered when purchasing a property with the benefit of planning permission and there is an intention to develop in accordance with that planning permission. Best practice demands that these issues are dealt with prior to exchange of Contracts and if there is any doubt, an express licence from the original architect to use the copyrighted plan should be obtained.
To discuss this or any other property related issue contact us.