The Building Development Agreement is a crucial document used in Hong Kong's property development sector to establish legally binding arrangements between developers, landowners, and other stakeholders involved in construction projects. This agreement is essential when undertaking any significant building development in Hong Kong, whether for commercial, residential, or mixed-use purposes. It must comply with Hong Kong's comprehensive regulatory framework, including the Buildings Ordinance (Cap. 123), Town Planning Ordinance (Cap. 131), and various environmental and safety regulations. The document typically includes detailed provisions for construction specifications, development timelines, payment terms, regulatory compliance requirements, and risk allocation between parties. It serves as the primary reference point for managing the development process and resolving any disputes that may arise during the project lifecycle.
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1. Parties: Identification of the developer, landowner, and any other key parties to the agreement
2. Background: Context of the development project, including property details and development objectives
3. Definitions: Definitions of key terms used throughout the agreement
4. Project Scope: Detailed description of the development project, including nature and scale of development
5. Development Obligations: Developer's obligations regarding construction, compliance with laws, and project delivery
6. Conditions Precedent: Conditions that must be satisfied before development can commence
7. Development Programme: Timeline for development, including key milestones and completion dates
8. Planning and Approvals: Requirements for obtaining necessary planning permissions and regulatory approvals
9. Construction Requirements: Standards, specifications, and quality requirements for construction
10. Payment Terms: Financial arrangements, including development costs, payments, and funding obligations
11. Title and Ownership: Provisions regarding property title, ownership rights, and transfers
12. Warranties and Representations: Warranties given by each party regarding their capacity and authority
13. Insurance and Liability: Insurance requirements and allocation of liability between parties
14. Default and Termination: Events of default, remedies, and termination provisions
15. Dispute Resolution: Procedures for resolving disputes, including mediation and arbitration
16. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Pre-sale Arrangements: Required if units will be sold before completion, including terms of pre-sale contracts
2. Environmental Requirements: Needed for projects requiring specific environmental compliance or green building standards
3. Government Grants: Include if the development involves government land grants or subsidies
4. Joint Venture Provisions: Required if the development is structured as a joint venture
5. Third Party Rights: Needed if there are existing tenants or third-party interests in the property
6. Financing Arrangements: Include if there are specific project financing or security arrangements
7. Phased Development: Required for projects being developed in multiple phases
8. Community Obligations: Include if there are specific community facilities or public space requirements
1. Property Description: Detailed description of the development site including boundaries and title details
2. Development Plans: Architectural drawings, plans, and designs approved for the development
3. Construction Specifications: Detailed technical specifications for construction works
4. Development Programme Timeline: Detailed timeline with all key dates and milestones
5. Planning Permissions: Copies of planning permissions and regulatory approvals
6. Payment Schedule: Detailed breakdown of payment terms and milestone payments
7. Form of Warranties: Standard forms of warranties to be provided
8. Environmental Impact Assessment: Environmental impact reports and mitigation measures
9. Building Specifications: Detailed specifications for building materials and standards
10. Professional Team: List of approved contractors, architects, and consultants
Relevant legal definitions
Agreement
Applicable Laws
Approved Plans
Architect
Building Authority
Building Consent
Building Contract
Building Works
Certificate of Completion
Commencement Date
Common Areas
Completion Date
Construction Documents
Construction Period
Contract Sum
Contractor
Defects Liability Period
Development
Development Approvals
Development Period
Development Programme
Development Site
Environmental Requirements
Force Majeure
Government Authority
Gross Floor Area
Land
Long Stop Date
Material Adverse Change
Occupation Permit
Payment Milestone
Planning Permission
Plans and Specifications
Practical Completion
Professional Team
Project
Project Manager
Property
Quantity Surveyor
Regulatory Approvals
Site Conditions
Specification
Statutory Requirements
Substantial Completion
Target Completion Date
Variation
Works
Applicable Laws
Approved Plans
Architect
Building Authority
Building Consent
Building Contract
Building Works
Certificate of Completion
Commencement Date
Common Areas
Completion Date
Construction Documents
Construction Period
Contract Sum
Contractor
Defects Liability Period
Development
Development Approvals
Development Period
Development Programme
Development Site
Environmental Requirements
Force Majeure
Government Authority
Gross Floor Area
Land
Long Stop Date
Material Adverse Change
Occupation Permit
Payment Milestone
Planning Permission
Plans and Specifications
Practical Completion
Professional Team
Project
Project Manager
Property
Quantity Surveyor
Regulatory Approvals
Site Conditions
Specification
Statutory Requirements
Substantial Completion
Target Completion Date
Variation
Works
Clauses
Interpretation
Conditions Precedent
Grant of Development Rights
Development Obligations
Planning and Approvals
Construction Requirements
Project Timeline
Payment Terms
Warranties and Representations
Property Rights
Environmental Compliance
Health and Safety
Insurance
Indemnification
Force Majeure
Default and Termination
Assignment and Subcontracting
Confidentiality
Intellectual Property
Dispute Resolution
Governing Law
Variations
Quality Assurance
Completion and Handover
Defects Liability
Site Access and Security
Regulatory Compliance
Professional Appointments
Risk Allocation
Change Control
Notice Requirements
Record Keeping
Performance Security
Limitation of Liability
Entire Agreement
Severability
Third Party Rights
Boilerplate Clauses
Conditions Precedent
Grant of Development Rights
Development Obligations
Planning and Approvals
Construction Requirements
Project Timeline
Payment Terms
Warranties and Representations
Property Rights
Environmental Compliance
Health and Safety
Insurance
Indemnification
Force Majeure
Default and Termination
Assignment and Subcontracting
Confidentiality
Intellectual Property
Dispute Resolution
Governing Law
Variations
Quality Assurance
Completion and Handover
Defects Liability
Site Access and Security
Regulatory Compliance
Professional Appointments
Risk Allocation
Change Control
Notice Requirements
Record Keeping
Performance Security
Limitation of Liability
Entire Agreement
Severability
Third Party Rights
Boilerplate Clauses
Relevant Industries
Real Estate
Construction
Infrastructure Development
Property Development
Urban Planning
Architecture
Environmental Services
Building Materials
Construction Engineering
Property Investment
Relevant Teams
Legal
Construction
Property Development
Project Management
Real Estate
Planning
Environmental Compliance
Risk Management
Contract Administration
Finance
Relevant Roles
Development Director
Project Manager
Construction Manager
Legal Counsel
Property Developer
Architect
Quantity Surveyor
Contract Manager
Planning Officer
Environmental Compliance Officer
Risk Manager
Real Estate Manager
Construction Site Manager
Development Executive
Property Investment Manager
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