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Landowner And Builder Agreement Template for India

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Key Requirements PROMPT example:

Landowner And Builder Agreement

"I need a Landowner and Builder Agreement for a 5-acre residential development project in Bangalore, with specific provisions for a phased development approach and green building compliance, to be commenced by March 2025."

Document background
The Landowner And Builder Agreement is a crucial document in Indian real estate development that facilitates property development through collaboration between landowners and builders/developers. It is typically used when a landowner wishes to develop their property but lacks the expertise or resources to do so independently, thus partnering with a professional developer. The agreement must comply with various Indian laws including the Real Estate (Regulation and Development) Act 2016, state-specific building codes, and environmental regulations. It covers essential aspects such as property details, development rights, revenue sharing, construction specifications, timelines, and regulatory compliance requirements. This document serves as the foundation for the entire development project, protecting both parties' interests and establishing clear guidelines for project execution.
Suggested Sections

1. Parties: Details of the landowner(s) and the builder/developer, including their legal status and contact information

2. Background: Context of the agreement, including brief description of the property and the parties' intention to develop it

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

4. Property Details: Comprehensive description of the land, including its dimensions, boundaries, and title details

5. Development Rights: Scope of rights granted to the builder for development, including access and construction rights

6. Consideration and Revenue Sharing: Financial terms including sharing ratio of built-up area or revenue between parties

7. Builder's Obligations: Responsibilities of the builder including construction quality, timelines, and compliance requirements

8. Landowner's Obligations: Responsibilities of the landowner including providing clear title and necessary cooperation

9. Project Specifications: Details of the proposed development including building plans, specifications, and amenities

10. Timelines: Construction schedule, milestone dates, and completion deadline

11. Permissions and Approvals: Responsibility for obtaining various regulatory approvals and permits

12. Title and Ownership: Provisions regarding property title, ownership rights, and transfer mechanisms

13. Representations and Warranties: Declarations and assurances by both parties

14. Termination: Circumstances and process for termination of the agreement

15. Dispute Resolution: Mechanism for resolving disputes including arbitration provisions

16. Force Majeure: Provisions for handling unforeseen circumstances affecting performance

17. Notices: Process and addresses for formal communications between parties

18. Governing Law: Applicable laws and jurisdiction

Optional Sections

1. Bank Financing: Terms regarding project financing through banks or financial institutions - include when external financing is involved

2. Environmental Compliance: Special provisions for environmental protection - include for large projects requiring environmental clearance

3. Resettlement of Existing Occupants: Procedures for relocating existing occupants - include when property has current tenants or occupants

4. Phased Development: Terms for developing the project in phases - include for large projects with multiple construction phases

5. Marketing Rights: Terms for marketing and sales of the project - include when builder has rights to sell units

6. Maintenance Provisions: Post-completion maintenance responsibilities - include when builder will maintain the property

7. Third Party Rights: Provisions regarding rights of third parties - include when there are existing agreements or claims

Suggested Schedules

1. Schedule A - Property Documents: List of title documents, tax receipts, and previous agreements relating to the property

2. Schedule B - Property Plan: Detailed site plan, measurement details, and boundary description

3. Schedule C - Development Specifications: Detailed construction specifications, materials quality, and finishing standards

4. Schedule D - Construction Timeline: Detailed timeline with milestones and completion dates

5. Schedule E - Sharing Arrangement: Detailed calculation method for area/revenue sharing between parties

6. Schedule F - Approvals List: List of required regulatory approvals and responsibilities for obtaining them

7. Schedule G - Payment Schedule: Schedule of payments or disbursements if applicable

8. Appendix 1 - Building Plans: Approved architectural plans and drawings

9. Appendix 2 - Power of Attorney: Format of power of attorney to be executed in favor of builder if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 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

Real Estate

Construction

Property Development

Urban Planning

Architecture

Legal Services

Banking and Finance

Infrastructure Development

Relevant Teams

Legal

Real Estate

Construction

Project Management

Compliance

Finance

Business Development

Risk Management

Operations

Property Management

Relevant Roles

Real Estate Developer

Property Owner

Construction Manager

Project Manager

Legal Counsel

Real Estate Attorney

Architect

Civil Engineer

Urban Planner

Property Manager

Compliance Officer

Real Estate Agent

Business Development Manager

Financial Controller

Risk Manager

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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