Builders Agreement Of Purchase And Sale Template for England and Wales

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Key Requirements PROMPT example:

Builders Agreement Of Purchase And Sale

I need a Builders Agreement of Purchase and Sale for a new residential development of 15 luxury apartments in Manchester, with staged payments and specific provisions for buyer customization options, targeting completion in March 2025.

Document background
The Builders Agreement of Purchase and Sale is essential for transactions involving new construction properties in England and Wales. It serves as both a construction agreement and a sale contract, protecting the interests of both the builder/developer and the purchaser. This document is particularly important when dealing with off-plan purchases or properties under construction, as it details construction specifications, quality standards, completion timelines, and warranty provisions. The agreement must comply with English and Welsh property law, building regulations, and consumer protection legislation.
Suggested Sections

1. Parties: Identification of builder/seller and purchaser with full legal names and addresses

2. Background: Context of the agreement, property details, and brief description of the transaction

3. Definitions: Key terms used throughout the agreement including technical construction terms

4. Purchase Price: Amount payable, payment terms, deposits, and stage payments if applicable

5. Property Description: Detailed description of the property being built/sold including plot number and specifications

6. Construction Specifications: Building standards, materials, and quality requirements

7. Completion Date: Timeline for completion, handover process, and delay provisions

8. Warranties: Builder's warranties, guarantees, and defect resolution process

Optional Sections

1. Fixtures and Fittings: Details of included items and specifications for buyer-selected options

2. Buyer Modifications: Process and terms for buyer-requested changes during construction

3. Stage Payments: Detailed schedule of construction-linked payments and milestone achievements

4. Planning Conditions: Specific planning requirements and conditions that must be met

Suggested Schedules

1. Schedule 1 - Property Plans: Architectural drawings, site plans, and plot boundaries

2. Schedule 2 - Specifications Schedule: Detailed construction specifications, materials, and finishes

3. Schedule 3 - Fixtures Schedule: Comprehensive list of included fixtures, fittings, and appliances

4. Schedule 4 - Payment Schedule: Detailed payment terms, amounts, and construction milestones

5. Schedule 5 - Planning Permissions: Copies of planning approvals, conditions, and related documentation

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
Industries

Law of Property Act 1925: Core legislation governing property law principles, requirements for land contracts, and legal formalities for property transfers in England and Wales

Housing Act 1984 and 2004: Legislation covering building standards requirements, health and safety regulations, and warranty obligations for residential properties

Consumer Rights Act 2015: Legislation protecting consumer rights, ensuring fairness of contract terms and quality requirements when buyer is a consumer rather than business

Supply of Goods and Services Act 1982: Sets out quality standards for materials, workmanship standards, and fitness for purpose requirements in construction contracts

Contracts (Rights of Third Parties) Act 1999: Defines rights of third parties under the contract and enforcement provisions

Building Regulations 2010: Technical requirements for building work and standards that must be met in construction

Building (Approved Inspectors etc.) Regulations 2010: Regulations governing building control and inspection procedures

Construction (Design and Management) Regulations 2015: Health and safety regulations specific to construction projects

Planning Permission Requirements: Local authority requirements and restrictions for building development

NHBC Guidelines: National House Building Council standards and warranty requirements for new builds

Consumer Code for Home Builders: Industry code of conduct setting standards for home builders in their marketing and selling of homes and their after-sales customer service

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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