Joint Development Agreement (Real Estate) Template for Switzerland

A Joint Development Agreement (Real Estate) is a crucial document used when multiple parties wish to collaborate on real estate development projects in Switzerland. It becomes necessary when different entities bring complementary resources or expertise to a development project, such as one party contributing land while another provides development expertise or financing. The agreement must comply with Swiss federal and cantonal laws, including the Swiss Civil Code, Code of Obligations, and local construction regulations. This document typically covers property rights, development obligations, profit-sharing mechanisms, project management structures, and risk allocation. It's particularly important in the Swiss context due to specific requirements regarding property ownership, construction permits, and environmental regulations. The agreement serves as the primary framework for the entire development process, from initial planning through to project completion.

1. Parties: Identification of all parties to the agreement, including their legal status and registered addresses

2. Background: Context of the development project, description of the property, and parties' objectives

3. Definitions: Definitions of key terms used throughout the agreement

4. Project Scope: Detailed description of the development project, including specifications and objectives

5. Contributions: Each party's contributions (land, capital, expertise, services) to the project

6. Ownership Structure: Details of property ownership during and after development, including registration requirements

7. Development Process: Phases of development, timelines, and milestones

8. Project Management: Management structure, decision-making processes, and governance

9. Financial Provisions: Budget, cost sharing, profit distribution, and funding arrangements

10. Permits and Compliance: Responsibility for obtaining necessary permits and ensuring regulatory compliance

11. Construction Requirements: Construction standards, contractor selection, and quality control

12. Risk Allocation: Distribution of risks, liabilities, and insurance requirements

13. Representations and Warranties: Parties' representations regarding authority, property title, and capacity

14. Term and Termination: Duration of the agreement and termination provisions

15. Dispute Resolution: Procedures for resolving disputes under Swiss law

16. Miscellaneous: Standard provisions including notices, amendments, and governing law