Land Owner Builder Agreement for India

Land Owner Builder Agreement Template for India

A comprehensive legal agreement governed by Indian law that establishes the terms and conditions between a landowner and a builder/developer for the development of a property. The agreement covers essential aspects including property rights, development specifications, profit sharing arrangements, construction timelines, quality standards, and regulatory compliance requirements under various Indian laws including RERA. It sets out the mutual obligations, rights, and responsibilities of both parties throughout the development process, from initial planning to project completion.

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What is a Land Owner Builder Agreement?

The Land Owner Builder Agreement is a crucial document in Indian real estate development that facilitates collaboration between property owners and developers. It is typically used when a landowner wishes to develop their property but lacks the expertise or resources to do so independently, thus partnering with a professional developer. The agreement, governed by Indian law including RERA 2016, must comply with state-specific regulations and local building codes. It outlines the division of developed property or revenue sharing, construction specifications, timelines, and quality standards. This document is essential for protecting both parties' interests and ensuring clear understanding of roles, responsibilities, and benefits in the development project. It forms the foundation for obtaining necessary permits, securing financing, and initiating construction activities.

What sections should be included in a Land Owner Builder Agreement?

1. Parties: Details of the land owner and the builder/developer, including registration details and addresses

2. Background: Context of the agreement, including property ownership details and development intention

3. Definitions: Key terms used throughout the agreement including Project, Property, Development Rights, Built-up Area, etc.

4. Property Details: Comprehensive description of the land, including measurements, boundaries, and title details

5. Development Rights and Obligations: Scope of development rights granted to builder and respective obligations of both parties

6. Project Specifications: Details of the proposed development including building plans, specifications, and amenities

7. Consideration and Revenue Sharing: Financial terms including sharing ratio of developed property or revenue between parties

8. Construction Timeline: Project completion milestones, schedules, and consequences of delay

9. Approvals and Permissions: Responsibility for obtaining necessary permits and clearances

10. Quality and Specifications: Construction standards, materials quality, and inspection rights

11. Representations and Warranties: Statements of fact and promises by both parties regarding their capacity and property

12. Indemnification: Mutual indemnification clauses for breach of obligations or representations

13. Term and Termination: Duration of agreement and circumstances for termination

14. Dispute Resolution: Process for resolving disputes including arbitration provisions

15. Governing Law: Applicable laws and jurisdiction

What sections are optional to include in a Land Owner Builder Agreement?

1. Force Majeure: Provisions for unforeseen circumstances preventing performance, optional but recommended

2. Assignment: Rights and restrictions regarding transfer of rights to third parties

3. Marketing Rights: Terms for project marketing and sales activities if applicable

4. Maintenance Provisions: Post-completion maintenance responsibilities if relevant

5. Environmental Compliance: Specific environmental obligations if property is in sensitive zone

6. Intellectual Property: Rights over project designs and marketing materials if significant

7. Insurance: Specific insurance requirements beyond statutory obligations

What schedules should be included in a Land Owner Builder Agreement?

1. Schedule A - Property Description: Detailed property documents including survey numbers, boundaries, and maps

2. Schedule B - Development Specifications: Architectural plans, layouts, and detailed construction specifications

3. Schedule C - Permissions and Approvals: List of required approvals and current status

4. Schedule D - Payment Schedule: Detailed financial terms and payment milestones

5. Schedule E - Construction Timeline: Detailed project timeline with milestones

6. Schedule F - Area Sharing Details: Specific division of built-up area or revenue sharing calculations

7. Schedule G - Title Documents: Copies of land ownership and title clearance documents

8. Appendix 1 - Power of Attorney: If applicable, power of attorney for development rights

9. Appendix 2 - Existing Encumbrances: Details of any existing liens or encumbrances on the property

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

India

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Construction

Property Development

Urban Planning

Architecture

Infrastructure

Housing

Relevant Teams

Legal

Real Estate

Construction

Project Management

Compliance

Finance

Property Management

Design & Architecture

Operations

Business Development

Relevant Roles

Real Estate Developer

Property Owner

Construction Manager

Project Manager

Legal Counsel

Architect

Civil Engineer

Urban Planner

Real Estate Manager

Compliance Officer

Contract Manager

Development Director

Property Manager

Site Supervisor

Financial Controller

Industries
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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