Building Development Agreement Template for Ireland

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Key Requirements PROMPT example:

Building Development Agreement

"I need a Building Development Agreement under Irish law for a mixed-use retail and residential development in Dublin, where our company will be the developer working with a private landowner, with construction planned to start in March 2025 and including specific provisions for phased completion."

Document background
A Building Development Agreement is essential for complex construction projects in Ireland where a developer undertakes to construct buildings or facilities on land owned by another party. The document is used when there needs to be a clear framework for the development process, typically in commercial, residential, or mixed-use projects. It addresses crucial elements including planning permissions, construction standards, timelines, and financial arrangements, while ensuring compliance with Irish building regulations and planning laws. The agreement protects both parties' interests by clearly defining responsibilities, risk allocation, and dispute resolution procedures. It's particularly important for projects involving substantial investment, multiple stakeholders, or complex planning requirements, and forms the foundation for project execution and stakeholder relationships.
Suggested Sections

1. Parties: Identification of the developer and landowner/employer

2. Background: Context of the development, including site details and project overview

3. Definitions and Interpretation: Defined terms and interpretation rules

4. Grant of Development Rights: Rights granted to developer to carry out the development

5. Planning and Regulatory Compliance: Obligations regarding planning permission and regulatory approvals

6. Developer's Obligations: Core development obligations, standards, and specifications

7. Employer's Obligations: Landowner/employer's obligations and commitments

8. Development Programme: Timeline, milestones, and completion dates

9. Financial Provisions: Payment terms, development costs, and financial arrangements

10. Insurance and Liability: Insurance requirements and liability allocation

11. Variations and Changes: Procedures for handling changes to development scope or specifications

12. Completion and Handover: Completion requirements, inspections, and handover procedures

13. Warranties and Defects: Warranty provisions and defects liability period

14. Termination: Termination rights and consequences

15. Dispute Resolution: Procedures for resolving disputes

16. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Phasing Provisions: Required for developments completed in multiple phases

2. Third Party Rights: Needed when third parties have rights over the development or adjacent properties

3. Environmental Provisions: Detailed environmental obligations for environmentally sensitive developments

4. Community Infrastructure: Required when development includes public infrastructure or facilities

5. Pre-lets and Sales: Needed when development includes pre-letting or pre-sale arrangements

6. Funding Provisions: Required when external funding arrangements need to be addressed

7. Archaeological Findings: Required for sites with potential archaeological significance

8. Site Security: Detailed security requirements for high-risk or sensitive locations

Suggested Schedules

1. Site Plan and Description: Detailed plans and description of the development site

2. Planning Permissions: Copies or details of planning permissions and conditions

3. Development Specifications: Detailed technical specifications for the development

4. Programme of Works: Detailed timeline and construction programme

5. Payment Schedule: Detailed breakdown of payment terms and mechanisms

6. Professional Team: Details of key professional team members and contractors

7. Form of Collateral Warranties: Template warranties from contractors and professionals

8. Testing and Commissioning Requirements: Detailed requirements for testing and commissioning

9. Environmental Reports: Environmental impact assessments and related reports

10. Building Specifications: Detailed building specifications and materials

11. Insurance Requirements: Detailed insurance specifications and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries

Construction

Real Estate

Commercial Property

Residential Property

Industrial

Retail

Healthcare

Education

Hospitality

Manufacturing

Technology

Renewable Energy

Infrastructure

Mixed-Use Development

Relevant Teams

Legal

Construction

Development

Property

Commercial

Finance

Operations

Planning

Risk & Compliance

Technical Services

Project Management

Facilities Management

Asset Management

Investment

Relevant Roles

Development Director

Construction Manager

Project Manager

Legal Counsel

Contract Manager

Property Director

Planning Manager

Commercial Director

Risk Manager

Finance Director

Operations Director

Technical Director

Compliance Officer

Facilities Manager

Asset Manager

Investment Manager

Development Surveyor

Construction Lawyer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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