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ARTICLE · 30 MAY 2013

Building plans, development consents and copyright - for architects, developers, purchasers, sellers, banks and builders

Colin Biggers & Paisley
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Use of unperformed development consent plans by purchasers may infringe copyright, which could be stopped by injunction.

AustraliaReal Estate and Construction
David Kennedy
David Kennedy

In brief – There can be doubt about who owns the copyright in development consent plans

A purchaser of land subject to an unperformed development consent cannot assume that the development consent plans can be used to carry out the development. Use of the plans may infringe copyright, in which case use of the plans could be stopped by injunction.

Who could be affected?

This is relevant to purchasers of land especially developers; sellers of land; architects and other designers who prepare plans to be used for a development application; banks and other lenders in connection with land to be developed; land owners or developers entering into a joint venture (JV) or similar; and builders.

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