Real Estate Development Term Sheet for the United Kingdom

Real Estate Development Term Sheet Template for England and Wales

A Real Estate Development Term Sheet is a preliminary document that outlines the key commercial and technical terms for a proposed property development project in England and Wales. It serves as a foundation for subsequent detailed agreements and typically includes project scope, financial terms, timeline, planning requirements, and key obligations of all parties. While not legally binding (except for specific provisions), it forms the basis for negotiating definitive agreements.

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What is a Real Estate Development Term Sheet?

The Real Estate Development Term Sheet is a crucial initial document used in property development projects within England and Wales. It captures the essential commercial and technical parameters agreed between parties before proceeding to detailed documentation. This document typically precedes formal development agreements and helps align parties' expectations regarding project scope, financial arrangements, timelines, and key obligations. While primarily non-binding, it serves as a roadmap for subsequent legal documentation and helps identify potential issues early in the development process.

What sections should be included in a Real Estate Development Term Sheet?

1. Parties: Details of the developer, landowner, and other key parties involved in the development

2. Background: Context of the development proposal, site details, and relevant property information

3. Definitions: Key terms and definitions used throughout the term sheet

4. Project Description: Detailed overview of the proposed development including scope, size, and purpose

5. Commercial Terms: Key financial arrangements, payment terms, and commercial considerations

6. Timeline: Development phases, key milestone dates, and completion targets

7. Planning Obligations: Planning requirements, commitments, and Section 106 obligations

8. Development Requirements: Construction standards, building regulations compliance, and quality requirements

9. Risk Allocation: Distribution of risks between parties and related mitigation measures

What sections are optional to include in a Real Estate Development Term Sheet?

1. Pre-conditions: Conditions precedent to development commencement, used for complex developments with multiple dependencies

2. Infrastructure Requirements: Details of required infrastructure improvements and utilities, included when significant infrastructure work is needed

3. Environmental Provisions: Environmental commitments and requirements, included for developments with significant environmental impact

4. Community Benefits: Provisions for community improvements and benefits, included when development requires significant community contribution

5. Phasing Structure: Detailed phasing arrangements, included for multi-phase developments

What schedules should be included in a Real Estate Development Term Sheet?

1. Schedule 1 - Site Plan: Detailed plans and drawings showing the development site boundaries and key features

2. Schedule 2 - Development Program: Detailed timeline of development phases and key milestones

3. Schedule 3 - Planning Permission Details: Copies or summaries of relevant planning permissions and conditions

4. Schedule 4 - Financial Model: Key financial projections, assumptions, and commercial terms

5. Schedule 5 - Technical Specifications: Detailed technical requirements and specifications for the development

6. Schedule 6 - Environmental Reports: Environmental impact assessments and related reports

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

Jurisdiction

England and Wales

Publisher

Genie AI

Document Type

Project Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Law of Property Act 1925: Fundamental legislation governing real property law in England and Wales, covering property rights, interests, and transfers

Town and Country Planning Act 1990: Primary legislation controlling land development, including planning permissions and enforcement

Planning and Compulsory Purchase Act 2004: Framework for the modern planning system, including development plans and sustainable development

Building Act 1984: Regulates building work and sets standards for construction and building control

Housing and Planning Act 2016: Recent legislation affecting housing development and planning processes

Community Infrastructure Levy Regulations 2010: Governs charges on new developments to fund local infrastructure

Environmental Protection Act 1990: Controls environmental impacts including waste management and contaminated land

National Planning Policy Framework: Government planning policies for England and how they should be applied

Section 106 Agreements: Planning obligations that require developers to minimize impact on local community

Building Regulations 2010: Minimum standards for design, construction and alterations to buildings

Land Registration Act 2002: Governs the registration of land ownership and interests in England and Wales

Landlord and Tenant Act 1954: Regulates the relationship between landlords and tenants of commercial properties

Party Wall etc. Act 1996: Regulates construction work affecting walls shared between properties

Environmental Impact Assessment Regulations: Requirements for assessing environmental impacts of significant developments

Conservation of Habitats and Species Regulations 2017: Protection of wildlife and natural habitats in development contexts

Energy Performance of Buildings Regulations 2012: Standards for energy efficiency in new buildings and renovations

Construction (Design and Management) Regulations 2015: Health and safety requirements for construction projects

Health and Safety at Work Act 1974: Primary legislation for workplace health and safety including construction sites

Listed Buildings Regulations: Special controls for buildings of historical or architectural importance

Local Authority Development Policies: Specific planning and development requirements set by local councils

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