Accordingly, if a client instructs an architect to prepare plans for getting planning permission, then the client should insist that there is a written agreement that the architect does not retain copyright. Otherwise, your client will not be able to use them for any further purposes (eg implementing the planning permission). Likewise, if you are acting for a buyer of a plot of land with planning permission, you might find yourself in difficulty in drawing up detailed plans since those will inevitably have to be based on the planning permission plans (and thus the development plans will copy a substantial part of those original plans and infringe copyright). Accordingly, the architect can effectively demand a ransom payment for use of the plans.

The moral is to always agree with an architect what happens if permission is granted and you then want to draw up more detailed plans; will you need the architect’s consent? Likewise, if you are buying land with planning permission then check with the seller the copyright position for the planning permission plans. Source: Berwin Leighton Paisner.  © Practical Lawyer