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Are building plans confidential?

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HoHum

Junior Member
What is the name of your state (only U.S. law)? I am in Tn. But the question is more generalized.

Are building plans confidential? Lets say I have someone develop plans for my building. After the building is built they file a copy of the plans. If these plans are given to someone not associated with my business, then is there a law that protects these plans? Is this enough or do you need more info?
 


quincy

Senior Member
What is the name of your state (only U.S. law)? I am in Tn. But the question is more generalized.

Are building plans confidential? Lets say I have someone develop plans for my building. After the building is built they file a copy of the plans. If these plans are given to someone not associated with my business, then is there a law that protects these plans? Is this enough or do you need more info?
There is copyright protection for architectural plans.
 

HoHum

Junior Member
There is copyright protection for architectural plans.
And that is only to protect the plans from being reused. My question is more like are those plans considered confidential. Like not allowed to be just past around, stolen or even hacked directly off their system. Are there any laws that would make it a crime if the firm that did the drawing were to get hacked and my plans were attained by some unknown party. The plans may show built in security systems or very sensitive type things similar to what you may find in a bank or government facility. Certain security things built in that could maybe compromise the security of the building. I would think there would be some type of "non-disclosuer deal for sensitive plans.
 

xylene

Senior Member
Confidential treatment of your plans is something you need to write into the contract with your architect and builder. Depending on the circumstances you may expect to pay some modest charge to signigifican fee for that service. Depending on circumstances and location you may need to file those plans with a building department so that's a consideration for how much protection you would be buying.

It is definitely not included by law or standard.
 

quincy

Senior Member
And that is only to protect the plans from being reused. My question is more like are those plans considered confidential. Like not allowed to be just past around, stolen or even hacked directly off their system. Are there any laws that would make it a crime if the firm that did the drawing were to get hacked and my plans were attained by some unknown party. The plans may show built in security systems or very sensitive type things similar to what you may find in a bank or government facility. Certain security things built in that could maybe compromise the security of the building. I would think there would be some type of "non-disclosuer deal for sensitive plans.
You are thinking, perhaps, of a trade secret? There are several factors that must be met to qualify building plans as a trade secret, however.

You can look to the Uniform Trade Secrets Act, Section 1 Definitions. A trade secret means information, including a formula, pattern, compilation, program, device, method, technique, or process, that: (i) derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; and (ii) is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.

And, yes, it is possible to fashion a non-disclosure/confidentiality agreement to protect sensitive material from disclosure to others.

As a note, copyright laws and trade secret laws and confidentiality agreements can all offer protection on the same information. And, also as a note, it is possible to provide licenses to use the plans in exchange for signing a confidentiality agreement.

I recommend that you sit down with an attorney in your area to go over the ways you can protect the architectural plans. You will need legal assistance in drafting agreements to cover your needs.
 

Zigner

Senior Member, Non-Attorney
You are thinking, perhaps, of a trade secret?
I get the feeling that the OP is more concerned that the bad guys could go to the city and get information that shows where his concealed safe or secret panic room is.
 

quincy

Senior Member
I get the feeling that the OP is more concerned that the bad guys could go to the city and get information that shows where his concealed safe or secret panic room is.
Could be. :)

Although there is little that can be done to prevent theft and hacking and the violation of confidentiality agreements - there is only legal recourse available for unauthorized disclosures - technically any security feature of a building or house can be protected from public access and view. There are just a lot of hoops to jump through to ensure the features remain secret.

There is an interesting house in Grosse Pointe Park, Michigan, that went up for auction last month. It was built and owned by former Detroit mafia boss, Joseph Zerilli. The house has a secret tunnel that leads from the Zerilli house to a house across the street. Not surprisingly, the tunnel does not show up on the building plans of either house. The Zerilli house also has square footage that indicates a secret room exists in the main house. This secret room also does not show up on the building plans.

Because of Zerilli's "connections," I doubt that anyone involved in the planning and creation of these secret spaces wanted to disclose their locations or even their existence. ;)
 

justalayman

Senior Member
Could be. :)

Although there is little that can be done to prevent theft and hacking and the violation of confidentiality agreements - there is only legal recourse available for unauthorized disclosures - technically any security feature of a building or house can be protected from public access and view. There are just a lot of hoops to jump through to ensure the features remain secret.

There is an interesting house in Grosse Pointe Park, Michigan, that went up for auction last month. It was built and owned by former Detroit mafia boss, Joseph Zerilli. The house has a secret tunnel that leads from the Zerilli house to a house across the street. Not surprisingly, the tunnel does not show up on the building plans of either house. The Zerilli house also has square footage that indicates a secret room exists in the main house. This secret room also does not show up on the building plans.

Because of Zerilli's "connections," I doubt that anyone involved in the planning and creation of these secret spaces wanted to disclose their locations or even their existence. ;)
we have a couple homes in my neck of the woods that were owned by Al Capone himself. They were near or on a river and there were secret tunnels leading to the river. I suspect the tunnels are not on any building plan either


a link to a few pictures of the Zerelli home:


http://www.myfoxdetroit.com/story/29250370/inside-the-old-mafia-house-for-sale-in-grosse-pointe-park
 

quincy

Senior Member
we have a couple homes in my neck of the woods that were owned by Al Capone himself. They were near or on a river and there were secret tunnels leading to the river. I suspect the tunnels are not on any building plan either


a link to a few pictures of the Zerelli home:


http://www.myfoxdetroit.com/story/29250370/inside-the-old-mafia-house-for-sale-in-grosse-pointe-park
The "myfoxdetroit" link has not only photos of the rooms in the house but also photos of the house plans.

I had the chance to tour a few of the "mob" homes in Detroit several years ago. In a house once owned by Tony (Jack) Giacalone, there is a secret tunnel - apparently the mob liked tunnels :) - and it was accessed through a well-disguised panel in a wood-paneled staircase. The tunnel itself had been closed off long before I visited but if you go through the passageway, there is a stairway up as well as down. The stairway up was to a secret room in the center of the house.

Compared to some of the houses you see today that are owned by the rich and famous, these houses look rather small and almost ordinary. But the tile work and plaster work and woodwork is impressive. And, of course, the history of these homes is fascinating.
 

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