Architect's Terms of Business, Agreement and Licence to Use Plans
Designed for use by architects working on small-medium sized construction projects, the set of documents in this subfolder covers the provision of an architect's services both before and during a contract, and the intellectual property rights subsisting in the work they produce.
All of the documents in this sub-folder have been designed with flexibility in mind and can be easily tailored to fit the exact requirements of your business model.
Architect's Terms of Business, Agreement and Licence to Use Plans is part of Business . Just £38.50 + VAT provides unlimited downloads from Business for 1 year.
Frequently Asked Questions
I am an architect on a small project, what documents do I need to set up my engagement?
This set covers the architect side: terms of business, an appointment agreement and a licence to use the plans you produce. Together they define your services before and during the project, your fees and the intellectual property in your drawings. They are designed for small to medium construction projects and can be tailored to your business. Use them to put your appointment on clear terms rather than relying on an informal understanding with the client.
Who owns the copyright in the plans and drawings I produce for a client?
You do, as the creator, unless you assign it in writing. Copyright in commissioned drawings stays with the architect by default, not the paying client, so the client does not automatically own your plans. That is why the licence document matters: it lets you keep ownership while granting the client permission to use the drawings for the agreed project. If a client wants outright ownership, that needs a written assignment, which is a bigger step than a licence.
Why should I licence my plans rather than just hand them over?
A licence lets you keep the copyright while allowing the client to use the drawings for the intended project, on your terms. Handing plans over without a licence can leave ownership unclear and may give the client an implied licence you did not intend, for example to reuse the design on other sites. The licence to use plans sets the boundaries: what the client may build, where and any limits or fees. It protects the value in your design work.
Does CDM 2015 affect me as an architect on a project?
Yes. Under the Construction (Design and Management) Regulations 2015 an architect is usually a designer, with duties to eliminate, reduce or control foreseeable health and safety risks through design and to provide information about remaining risks. On projects with more than one contractor the client must appoint a principal designer to manage health and safety in the pre-construction phase, a role an architect often takes. So your appointment should reflect whatever CDM role you are performing. These documents can be tailored around that.