Here is a scenario that plays out more often than it should. A business spends £12,000 on a new website, runs it happily for two years, then decides to move to a new agency. They ask for the files and logins — and discover the domain is registered in the old agency's name, the code sits on a platform they cannot access, and the contract, such as it was, says nothing about ownership. The old agency, now a reluctant ex-supplier, holds every key. Leaving suddenly costs thousands and weeks of grief.
The uncomfortable truth is that paying for a website does not automatically mean owning it. Ownership is a legal matter decided in the contract, and if the contract is silent, the default position under UK law may not be the one you assumed.
Paying for it is not the same as owning it
Under UK copyright law, when you commission creative or technical work, the copyright in that work generally belongs to the person or company who created it — not to you, the person who paid — unless the contract explicitly assigns it. That applies to design, code and content. So a website you commissioned can, in law, remain the agency's intellectual property even after you have paid in full.
This is not usually malice. Most reputable development agencies are happy to assign ownership; they just need the contract to say so. The problem arises when nobody addresses it, and the default rule quietly favours the agency. The fix is simple: a written IP assignment clause transferring all rights to you on final payment.
The four things you need to own
"Owning your website" actually means controlling four distinct assets. Each needs to be in your name:
- The domain name — registered to your business, with you as registrant and admin contact. This is the most common thing agencies hold, and the most damaging to lose.
- The code and files — the actual website, whether that is a custom codebase you can take to any developer or a CMS you can fully access and export.
- The hosting — ideally an account in your name, or at minimum the ability to move your site elsewhere without permission.
- The accounts — analytics, search console, ad accounts and any third-party services, all owned by you with the agency as a user.
The clauses to look for in the contract
A protective contract does not need to be long, but it must address ownership directly. Look for:
- IP assignment on payment — all intellectual property in the work transfers to you once you have paid in full.
- Source files and access — you are entitled to the source code, design files and all logins.
- Third-party components — clarity on licensed elements (premium themes, plugins, fonts, stock images) that you do not own outright but have the right to use.
- Handover obligations — what the agency must provide at the end, and within what timeframe.
If a proposed contract is silent on any of these, ask for them to be added before you sign. An agency that refuses is telling you something important. This is exactly the kind of thing to settle during the agency selection process, not after a dispute has started.
The handover pack
The practical expression of ownership is the handover pack — everything you would need to run or relocate your site without the agency's help. A complete pack includes domain registrar logins, hosting credentials, CMS or codebase access, design source files, content, and all third-party account details. Specify in the contract that this is delivered on project completion, not on request months later.
Third-party licences are the grey area
Not everything on your site is yours outright. A premium WordPress theme, a paid plugin, a licensed font or a stock photo are licensed to you, often per-site or annually. That is normal — but you need to know what is licensed versus owned, what it costs to renew, and whether the licence transfers if you change agencies. Get this listed explicitly so there are no surprise expiries or takedowns later.
What to do if you're already stuck
If you have inherited a site you do not control, start by establishing what you can access and what you cannot. Domains can usually be transferred with the registrant's cooperation or, failing that, through the registrar's dispute process. Code and content may need rebuilding if the old agency genuinely owns them and will not assign. It is painful, which is precisely why getting ownership right at the start matters so much.
Protect yourself from the outset
Ownership is cheap to secure before a project and expensive to recover afterwards. Make IP assignment, account ownership and a defined handover non-negotiable terms of any engagement. When you are choosing who to work with, favour UK agencies who raise ownership and handover themselves — it is a strong signal they intend to leave you in control of what you have paid for.