Depending on your agreement with the builder and other surrounding circumstances, you may be entitled to engage another builder to complete the project. If the builder owns copyright in the plans, you may need to seek legal advice to clarify your position. If you do require permission, copyright may be controlled by the receiver appointed to administer the builder’s business.
If you have reproduced any important or distinctive elements of the other person’s plan, you will not avoid infringement by making additions or changes. These elements may include features such as: the internal arrangement of rooms, windows, and doors; the indication of spaces; the design of the roof; and the dimensions of the building. In some circumstances, copying the perspective or the balancing of features may infringe copyright.
Copyright is not infringed if a person coincidentally produces a plan which is similar to another which the person has never seen. This may occur if the plan is very simple or involves a common combination of features (such as building a standard 3-bedroom house with kitchen, laundry, bathroom, lounge/dining room and garage on a standard-sized rectangular block of land).