The Building Loan Agreement is a crucial document used in Switzerland when financing new construction projects or major renovations. It serves as the primary agreement between a financial institution and a borrower, establishing the terms and conditions for construction financing while ensuring compliance with Swiss banking regulations and construction laws. This document is particularly important as it combines elements of both financial and construction requirements, including staged disbursement provisions linked to construction progress, security arrangements through mortgage certificates (Schuldbriefe), and specific Swiss regulatory compliance measures. The agreement must address both federal and cantonal requirements and typically includes detailed provisions for construction monitoring, quality assurance, and risk management. It's commonly used by banks, property developers, and private individuals undertaking construction projects in Switzerland, and must be structured to accommodate the unique aspects of Swiss property law and banking regulations.
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1. Parties: Identification of the lender (typically a Swiss bank or financial institution) and the borrower
2. Background: Context of the loan request, description of the construction project, and property details
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Amount and Purpose: Specification of the total loan amount and its intended use for construction
5. Conditions Precedent: Prerequisites that must be met before the loan becomes effective or before disbursements
6. Disbursement Schedule: Terms and conditions for the staged release of funds based on construction progress
7. Interest and Fees: Interest rate provisions, calculation methods, and applicable fees
8. Repayment Terms: Schedule and methods of repayment, including any grace periods
9. Security: Details of mortgages, guarantees, or other security interests required
10. Borrower's Representations and Warranties: Statements of fact and assurances provided by the borrower
11. Borrower's Covenants: Ongoing obligations of the borrower during the loan period
12. Construction Requirements: Specifications for construction progress, quality standards, and inspections
13. Events of Default: Circumstances constituting default and their consequences
14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction
1. Insurance Requirements: Detailed insurance obligations - required when the standard insurance provisions need expansion
2. Environmental Compliance: Environmental requirements and warranties - needed for projects with significant environmental impact
3. Cost Overrun Provisions: Handling of construction cost overruns - recommended for large or complex projects
4. Change of Control: Provisions dealing with change in borrower's ownership - relevant for corporate borrowers
5. Multiple Borrowers: Additional provisions for multiple borrowers - needed when there is more than one borrower
6. Foreign Currency Provisions: Currency conversion and risk provisions - required when loan is in foreign currency
7. Assignment and Transfer: Terms for transferring or assigning the loan - important for syndicated loans
1. Property Description: Detailed description of the property including land registry details
2. Construction Timeline: Detailed construction schedule and milestones
3. Disbursement Schedule: Detailed breakdown of staged payments linked to construction progress
4. Form of Drawdown Notice: Template for requesting loan disbursements
5. Required Insurance Policies: List and details of required insurance coverage
6. Form of Progress Certificate: Template for certifying construction progress
7. Security Documents: Forms of mortgage certificates and other security documents
8. Construction Budget: Detailed budget breakdown for the construction project
9. Required Permits: List of required construction and other permits
Relevant legal definitions
Advance
Applicable Law
Approved Construction Budget
Architect
Building Permit
Business Day
Cantonal Authorities
Completion Date
Construction Contract
Construction Period
Construction Phase
Construction Schedule
Construction Site
Contractor
Default Interest Rate
Drawdown
Drawdown Notice
Event of Default
Facility
Final Completion Certificate
Finance Documents
Financial Statements
Force Majeure
General Contractor
Interest Payment Date
Interest Period
Interest Rate
Land Registry
Lender's Technical Advisor
LIBOR
Loan
Loan Amount
Material Adverse Effect
Mortgage Certificate
Occupancy Permit
Payment Date
Permitted Purpose
Planning Permission
Project
Project Costs
Property
Reference Banks
Repayment Date
Repayment Schedule
Security
Security Documents
Site Plan
Swiss GAAP
Technical Documentation
Utilization
Valuation Report
Work Specifications
Zoning Requirements
Applicable Law
Approved Construction Budget
Architect
Building Permit
Business Day
Cantonal Authorities
Completion Date
Construction Contract
Construction Period
Construction Phase
Construction Schedule
Construction Site
Contractor
Default Interest Rate
Drawdown
Drawdown Notice
Event of Default
Facility
Final Completion Certificate
Finance Documents
Financial Statements
Force Majeure
General Contractor
Interest Payment Date
Interest Period
Interest Rate
Land Registry
Lender's Technical Advisor
LIBOR
Loan
Loan Amount
Material Adverse Effect
Mortgage Certificate
Occupancy Permit
Payment Date
Permitted Purpose
Planning Permission
Project
Project Costs
Property
Reference Banks
Repayment Date
Repayment Schedule
Security
Security Documents
Site Plan
Swiss GAAP
Technical Documentation
Utilization
Valuation Report
Work Specifications
Zoning Requirements
Clauses
Loan Facility
Interest and Fees
Repayment
Security
Conditions Precedent
Representations and Warranties
Covenants
Disbursement
Construction Requirements
Project Monitoring
Insurance
Default
Force Majeure
Assignment and Transfer
Notices
Confidentiality
Data Protection
Environmental Compliance
Health and Safety
Regulatory Compliance
Dispute Resolution
Governing Law
Amendments
Severability
Cost Overrun
Change Orders
Site Access
Technical Documentation
Quality Control
Completion Requirements
Title and Ownership
Mortgage Provisions
Property Registration
Termination
Reporting Requirements
Tax Provisions
Interest and Fees
Repayment
Security
Conditions Precedent
Representations and Warranties
Covenants
Disbursement
Construction Requirements
Project Monitoring
Insurance
Default
Force Majeure
Assignment and Transfer
Notices
Confidentiality
Data Protection
Environmental Compliance
Health and Safety
Regulatory Compliance
Dispute Resolution
Governing Law
Amendments
Severability
Cost Overrun
Change Orders
Site Access
Technical Documentation
Quality Control
Completion Requirements
Title and Ownership
Mortgage Provisions
Property Registration
Termination
Reporting Requirements
Tax Provisions
Relevant Industries
Banking & Financial Services
Real Estate
Construction
Property Development
Infrastructure
Commercial Real Estate
Residential Real Estate
Architecture & Design
Relevant Teams
Legal
Credit Risk
Real Estate Finance
Construction Finance
Compliance
Property Development
Project Management
Mortgage Services
Investment Analysis
Due Diligence
Relevant Roles
Loan Officer
Credit Risk Manager
Real Estate Manager
Construction Project Manager
Property Developer
Legal Counsel
Mortgage Specialist
Banking Relationship Manager
Construction Finance Specialist
Real Estate Investment Manager
Compliance Officer
Property Portfolio Manager
Construction Site Supervisor
Real Estate Finance Director
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