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Construction Lease Agreement Template for Germany

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Key Requirements PROMPT example:

Construction Lease Agreement

"Need a Construction Lease Agreement for a residential development project in Munich, comprising 25 luxury apartments, with construction completion required by March 2025 and specific provisions for high-end finishes and smart home integration."

Document background
The Construction Lease Agreement (µþ²¹³Ü³Ù°ùä²µ±ð°ùvertrag) is a crucial document in German real estate development, used when a developer sells property while simultaneously committing to construct buildings or structures on it. This agreement is essential for both residential and commercial property developments, particularly in new construction projects or major renovations. The document must comply with German federal and state construction laws, consumer protection regulations, and notarization requirements. It typically includes detailed construction specifications, payment schedules that comply with the MaBV, and provisions for quality assurance and defect remediation. The agreement is designed to protect both the developer's business interests and the purchaser's investments through clearly defined obligations, milestones, and warranty provisions.
Suggested Sections

1. Parties: Identification of the developer (µþ²¹³Ü³Ù°ùä²µ±ð°ù) and the purchaser/lessee (Erwerber), including full legal names, addresses, and registration details if applicable

2. Background: Context of the agreement, including property details, development project overview, and current state of planning permissions

3. Definitions: Key terms used throughout the agreement, including technical construction terms and legal terminology

4. Property Description: Detailed description of the land and planned construction, including land register details (Grundbuch) and precise measurements

5. Purchase Price and Payment Terms: Total price breakdown, payment schedule according to MaBV regulations, and escrow arrangements

6. Construction Specifications: Detailed description of the construction work, quality standards, and materials to be used

7. Construction Timeline: Construction phases, completion dates, and delivery schedule

8. Rights and Obligations of the Developer: Developer's commitments, warranties, and responsibilities during construction

9. Rights and Obligations of the Purchaser: Purchaser's commitments, including payment obligations and cooperation requirements

10. Acceptance and Handover: Procedures for inspection, acceptance of work, and property handover

11. Defects and Warranty: Warranty periods, defect notification procedures, and remediation processes

12. Insurance and Risk: Insurance requirements and risk allocation during construction

13. Title Transfer: Conditions and process for transferring property title

14. Termination: Grounds for termination and consequences

15. Final Provisions: Governing law, jurisdiction, severability, and entire agreement provisions

Optional Sections

1. Mortgage and Financing: Required if the purchaser is using external financing, including provisions for cooperation with lending banks

2. Property Management: Needed for multi-unit developments, describing ongoing management arrangements

3. Environmental Provisions: Required if there are specific environmental considerations or requirements

4. Special Use Provisions: Needed if the property has specific use restrictions or requirements

5. Homeowners Association: Required for developments with common areas or shared facilities

6. Development Rights: Optional section for cases where future development rights need to be reserved

7. Energy Efficiency Standards: Required if specific energy efficiency certifications or standards must be met

Suggested Schedules

1. Building Specification (Baubeschreibung): Detailed technical specifications of the construction work, materials, and finishes

2. Floor Plans and Drawings: Architectural plans, floor layouts, and technical drawings

3. Payment Schedule (Zahlungsplan): MaBV-compliant payment schedule linking payments to construction progress

4. Land Register Extract: Current extract from the land register (Grundbuchauszug)

5. Building Permits: Copies of building permits and planning permissions

6. Energy Certificate: Energy performance certificate (Energieausweis)

7. Site Plan: Detailed plan showing the property boundaries and location

8. Construction Timeline: Detailed schedule of construction phases and milestones

9. Quality Assurance Standards: Specific quality standards and testing procedures to be followed

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
















































Clauses





































Relevant Industries

Real Estate Development

Construction

Property Management

Legal Services

Banking and Finance

Architecture and Design

Urban Development

Property Investment

Residential Property

Commercial Property

Relevant Teams

Legal

Real Estate

Construction

Project Management

Property Development

Compliance

Risk Management

Finance

Operations

Technical Services

Business Development

Contracts Administration

Relevant Roles

Real Estate Developer

Construction Manager

Project Manager

Legal Counsel

Property Lawyer

Architect

Quantity Surveyor

Development Director

Contract Manager

Real Estate Investment Manager

Construction Site Manager

Property Development Manager

Compliance Officer

Risk Manager

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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