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msbumble

Do architects re-use plans?

13 years ago

I've seen a house I really like, I live at least an hour from it so duplication isn't an issue for the original owner, and I know the name of the architectural firm that designed it. My question is, do architects re-sell designs? Just wondering if it's kosher to ask.
Thanks,
MsB

Comments (9)

  • 13 years ago

    Depends on the architect, but for the majority the answer is no. Sorta like a surgeon selling a previous procedure.

    But it doesn't hurt to ask. What's the worst that can happen?

    Good luck on your project.

  • 13 years ago

    Architects sell professional services instead of pre-made designs but there is little to prevent them from reusing a design. They will probably suggest you hire them to develop the design for your needs and site. It would be a waste of an opportunity to not do that.

  • 13 years ago

    To expand on the question. If a customer brought a rough floor plan to an architect and said I like this layout can you review it for any adjustments, put the finishing touches it and provide them with a final set of stamped plans delivered with customers nake on them, does the architect have the legal right to sell the plans that was developed and created for a customer. Does the customer have any sort of copyright protection on thier custom plan, that would prohibit the same design being used.
    I'm imagining a cenario in which someone had a custom home designed, possibly with some unique features or type of detail that made it one of a kind, only to be driving around and seeing it being built in your neighborhood because the architect had provided a client with the same design. Ethically it doesn't seem wise but is there any sort of legal actions that could prevent an architect or anyone else from duplicating your custom home plans and building.

  • 13 years ago

    The success of an architectural practice is highly dependent on the good recommendations of former clients. Reselling designs would be professional suicide regardless of any legal right to do so.

  • 13 years ago

    The legal side depends entirely on the written agreement between architect (or any other design professional) and her/his client. The standard AIA agreement, for example, stipulates that drawings and specifications produced by the architect are "instruments of service" and the copyright is retained by the architect.

    This is based on the agreement for architectural services which, in the case of AIA agreements, stipulates that the architect provides a "professional service", and not a "product", similar to that of other professionals, ie, accountant, attorney, surgeon, etc.

    If you went to the architect and said you would like a home "similar" to the one you reference, chances are the architect may agree to work with you to design a similar home.

    Do you know the degree to which your family, lifestyle, property and budget may be similar or different than that of the family for whom the original home was designed? If your situation is substantially different than that of the owner of the original house, would you expect the original house to be a good fit for you?

    Architects do not provide "plans for construction"--that would be a retail product, like a can of baked beans or a microwave oven. Architects provide a professional service, for a fee, to create an imaginative and responsive home design based on your individual needs, site and budget.

    Your best bet is to have an initial conversation with the architect and see where it leads.

    Hope this is helpful. Good luck on your project.

  • 13 years ago

    You could ask for a similar house ... the worst they could do is say no.

  • 13 years ago

    IMO the biggest barrier to an architect selling pre-designed house documents is the higher liability to which an architect is held by courts. A draftsperson can claim ignorance but an architect can't. If the name of the architect appears anywhere on the documents a lawsuit for any loss could include the architect regardless of what caused the loss. I suspect an architect might even need permission from his/her insurance carrier to sell plans at reduced fees.

    At the very least an architect should hire a lawyer to write a sales contract protecting the architect from liability for use of the documents.

    The bottom line is there is typically too little net benefit to an architect to sell a set of design drawings from another project.

    This post was edited by Renovator8 on Sun, Aug 11, 13 at 10:46

  • 13 years ago

    It depends entirely on the architect -it never hurts to ask.

  • 13 years ago

    Thank you for your replies - they made a lot of sense and I can see why it isn't common practice.