A High Court case (Signature Realty v Fortis Developments) was a timely reminder for property developers to ensure they have the right to use architects' drawings relating to their developments. This is especially important if they did not commission drawings which form the basis of a planning permission they intend to rely upon. The case may also cause problems for residential purchasers buying a house with the benefit of, say, planning permission for an extension.
In 2013, Signature Realty retained an architect to prepare drawings to obtain planning permission for a development site in Sheffield. The permission stipulated that the development should "be carried out in complete accordance with" the architect's drawings. The site was subsequently acquired by Fortis, who proceeded to develop the site in accordance with the permission. When Signature discovered what had happened, it sued Fortis for breach of copyright as the drawings had been used without permission.
The court decided that Fortis had infringed Signature's copyright in the drawings in a number of ways including using them for marketing, tendering and estimating purposes, and constructing the development in accordance with the drawings. Whilst the court declined to grant an injunction, Signature was as a result entitled to claim damages or an account of profits.
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