Building Loan Agreement Template for New Zealand

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Key Requirements PROMPT example:

Building Loan Agreement

"I need a Building Loan Agreement for a NZD 2.5 million residential development project in Auckland, New Zealand, with quarterly drawdowns based on construction milestones and completion scheduled for March 2025."

Document background
The Building Loan Agreement is essential for construction projects in New Zealand where specific financing is required for building works. This document is typically used when a borrower needs funding for new construction, major renovations, or development projects. The agreement combines elements of traditional loan documentation with construction-specific provisions, ensuring compliance with New Zealand's building regulations and financial services laws. It includes detailed mechanisms for staged drawdowns based on construction progress, security arrangements, and specific conditions relating to building consents and approvals. The document is designed to protect both the lender's security interest and the borrower's construction objectives while ensuring compliance with regulatory requirements for both construction and lending activities.
Suggested Sections

1. Parties: Identifies the lender, borrower, and any other key parties to the agreement

2. Background: Sets out the context of the loan, including the purpose for construction financing and brief property details

3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules

4. Loan Facility: Details of the loan amount, purpose, and general terms of availability

5. Conditions Precedent: Prerequisites that must be satisfied before the loan becomes available

6. Drawdown Procedures: Process and requirements for accessing loan funds, including construction progress payments

7. Interest and Fees: Specifies interest rates, calculation methods, and all applicable fees

8. Repayment Terms: Details of how and when the loan must be repaid, including any staged repayment requirements

9. Security: Description of security arrangements, including mortgage and other security interests

10. Construction Requirements: Obligations regarding the construction process, approvals, and compliance

11. Representations and Warranties: Statements of fact and assurances given by the borrower

12. Borrower Covenants: Ongoing obligations of the borrower during the loan term

13. Events of Default: Circumstances that constitute default and their consequences

14. General Provisions: Standard contract clauses including notices, amendments, governing law

Optional Sections

1. Guarantees: Required when there are guarantors for the loan

2. Insurance Requirements: Detailed insurance obligations beyond standard requirements

3. Cost Overrun Facility: Additional facility to cover potential construction cost overruns

4. Environmental Requirements: Special conditions for environmentally sensitive construction or green building requirements

5. Project Management: When specific project management requirements or third-party oversight is required

6. Quantity Surveyor Provisions: When a quantity surveyor is required to certify construction progress

7. Pre-sale Requirements: When the loan is conditional on achieving certain pre-sale targets

8. Development Conditions: For projects requiring specific development or planning approvals

Suggested Schedules

1. Property Details: Legal description and details of the property being constructed

2. Construction Specifications: Detailed plans, specifications, and construction requirements

3. Drawdown Schedule: Detailed schedule of construction stages and corresponding payment milestones

4. Fee Schedule: Comprehensive list of all fees and charges

5. Required Insurances: Details of required insurance policies and coverage

6. Form of Drawdown Notice: Template for requesting loan drawdowns

7. Construction Timeline: Project timeline with key milestones and completion dates

8. Security Documents: Forms of security documents and guarantees

9. Consents and Approvals: Copies of required building consents and approvals

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

Banking & Finance

Construction

Real Estate

Property Development

Architecture & Design

Building & Construction Materials

Professional Services

Infrastructure

Relevant Teams

Legal

Construction

Finance

Risk Management

Property Development

Compliance

Credit Assessment

Project Management

Commercial

Operations

Relevant Roles

Legal Counsel

Construction Manager

Project Manager

Finance Manager

Credit Risk Officer

Property Developer

Loan Officer

Building Surveyor

Architect

Quantity Surveyor

Compliance Officer

Contract Administrator

Development Manager

Commercial Manager

Industries
Credit Contracts and Consumer Finance Act 2003: Regulates credit contracts, including disclosure requirements, interest rates, fees, and borrower protections. Essential for structuring the loan terms and ensuring compliance with consumer credit laws.
Property Law Act 2007: Governs real property transactions and mortgages in New Zealand. Relevant for security interests and property-related provisions in the loan agreement.
Building Act 2004: Regulates building work and sets requirements for construction. Relevant for ensuring loan disbursement aligns with building requirements and compliance.
Construction Contracts Act 2002: Governs construction contracts and payment processes. Important for understanding how building payments and progress payments should be structured.
Anti-Money Laundering and Countering Financing of Terrorism Act 2009: Sets requirements for customer due diligence and verification of identity. Relevant for lender's obligations in providing the loan.
Fair Trading Act 1986: Prohibits misleading and deceptive conduct in trade. Relevant for ensuring transparency and fairness in loan terms and conditions.
Personal Property Securities Act 1999: Governs security interests in personal property. May be relevant if the loan includes security over construction materials or other personal property.
Contract and Commercial Law Act 2017: Provides the general framework for contract law in New Zealand. Relevant for general contractual principles and electronic transactions.
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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