Construction

Development Agreements

Development Agreements

The development agreement is an important part of protecting the interests of a local authority, and it is vital there is an agreeable contract between local authorities, landowners and private sector developers

to set out the obligations of each party involved in a development agreement.

They can be used to agree:

  • How a development should be carried out
  • What specifications need to be followed
  • Provisions to ensure the quality of the development
  • Letting obligations
  • Timetables for development
  • Inspection and/or monitoring rights
  • Termination clauses if the developer is in breach of the longstop date or becomes insolvent

These agreements can be used to specify how the site will be governed, and it is important to ensure the terms are suitable to your needs. Monarch Solicitors can help you with:

  • Planning permission
  • Obtaining licences
  • Warranties
  • Specifying time scales
  • Development costs

All development agreements will have some sort of common element, but each development agreement will be different as its need to be bespoke and tailored for a specific development.

Our corporate solicitors will work closely with you throughout the process and ensure that any agreement is drafted with your best interests in mind.

Contact our Corporate Solicitors:

If you would like to enquire for any matters regarding development agreements please complete our online contact form here or send an email to us at [email protected] and one of our solicitors shall call you back.

Alternatively, please call our corporate solicitors in

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FAQ

Most frequent questions and answers

Types of development agreement include:

  • a pre-let agreement or agreement for lease – where a tenant contracts to take a lease of the property on completion of the development;
  • a “stand alone” development agreement – where a landowner contracts with a developer to carry out a development project, either at the expense of the developer or at the expense of the landowner; and
  • a forward purchase agreement or a forward funding agreement.

Once an application for planning has been submitted and accepted by the local authority, it can take up to six to eight weeks to get planning permission. Planning permission is granted on the date stated on the decision notice.  If you do not receive a response within eight weeks, you can appeal to the Planning Appeals Commission within six months.

If you need access across the neighbours’ land in order to develop your own land, you will need to negotiate a licence, or an easement with your neighbour. The former is more appropriate for short-term access. However, if the access is required for a longer period – three years or longer – it is more appropriate to enter into a deed of easement. For example, if you’re developing a hotel and customers will require access across the neighbouring land to access the hotel, it’s better to obtain an easement by entering into a deed.

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