Landowner's development agreement

by Practical Law Property

A standard document setting out the terms of a development agreement between a landowner and a developer in England and Wales. This standard document is drafted from the landowner's perspective for a scenario where the landowner already owns the property, has obtained planning permission, and will fund the development works. The developer is engaged to procure and manage the carrying out of the development in return for an initial fee and a share of the development profit. This standard document outlines the developer's key obligations, including the appointment and management of the professional team and building contractor, and procuring that the works are completed diligently and on time. It addresses crucial statutory duties under the Construction (Design and Management) Regulations 2015 (CDM Regulations) and provides a framework for complying with the Biodiversity Net Gain (BNG) requirements of the Town and Country Planning Act 1990 (TCPA 1990). It also provides options for the landowner to secure rights against the construction team through either collateral warranties or third party rights.