Fig. 01 · Answer
Who owns the source code when an agency builds your software?
CEOs and CTOs planning to leave a development agency or reduce dependency on one.
The short answer
Whatever the contract says - and by default in most jurisdictions, the developer owns code absent explicit work-for-hire or assignment terms. Before any exit conversation, quietly verify three things: repository access, deployment control, and the IP clauses in the agreement. Surprises here are the most common way vendor exits go wrong.
What informs this answer
Selected results from related operator-led engagements, by industry and scale:
- $3M stalled project unblocked in 30 days
What to ask next
What should we secure before giving an agency notice?
Repository and infrastructure access, deployment credentials, license inventories, documentation, and confirmation of contractual IP ownership - all verified while the relationship is still cooperative.
What if the agency refuses to hand over the code?
The contract governs, which is why the audit precedes the notice. Where terms are ambiguous, negotiated transitions - knowledge transfer tied to final payments - resolve faster and cheaper than disputes. Structure the exit so cooperation is the vendor's best outcome.
Answered by Justin Leader · Human Renaissance · Updated 2026-04-30 · Research methodology
