Development

This document contains a draft agreement for the sale of property conditional upon the grant of planning permission.

This document uses the same agreement template as is used for the Property PSL agreements for sale with vacant possession and subject to leases. It therefore incorporates the Standard Commercial Property Conditions (2nd Edition), and can be used either on the sale of registered or unregistered freehold or leasehold land.

The agreement is conditional upon the buyer obtaining a Satisfactory Planning Permission. Provisions regarding the obtaining of planning permission are included in Schedule 3 of the agreement. Other conditions of the agreement may be included in clause 3 of the agreement. The provisions for obtaining planning are able to be drafted so as either to provide a developer-buyer with a high level of discretion as to whether the condition of the agreement is satisfied, or to provide a more evenly balanced type of conditional agreement. The options available for the draftsperson are pointed out in the drafting notes.

Before using this precedent document, it is advisable to read the drafting notes accompanying it. If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.

For detailed drafting notes on the basic sale and purchase provisions of this agreement, see the Property PSL Agreement for Sale (with vacant possession).

This document is a draft agreement for lease requiring the landlord to carry out minor (though possibly considerable) new works - e.g. refurbishment of a building prior to letting.

The document is drafted on the assumption that the landlord's lawyer will be responsible for the drafting. It is biased in favour of the landlord of the property. If the draftsperson acts for the tenant, the agreement will clearly require substantial amendment to shift the balance back in favour of the tenant.

The precedent assumes that the tenant will take a lease of the whole of the property on completion of the works in the form of a lease to be annexed to the agreement.

If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.

This document is a draft licence to erect scaffolding encroaching onto adjacent premises. It is designed for use in connection with new development where the developer requires permission to commit what would otherwise amount to a trespass onto adjacent land.

This document is a draft licence to oversail adjacent premises. It is designed for use in connection with new development where the developer requires permission to commit what would otherwise amount to a trespass into adjacent airspace.

This document is a draft development agreement (agreement for lease) in relation to major new construction works. The works are to be carried out by the developer/landlord following the obtaining of the requisite planning and other consents.

The document is drafted on the assumption that the developer/landlord's lawyer will be responsible for the drafting. It is biased heavily in favour of the developer of the property, who is the owner of the property upon which the development is to be constructed. If the draftsperson acts for the tenant, the agreement will clearly require substantial amendment to shift the balance back in favour of the tenant.

The precedent assumes that the developer owns or will on practical completion of the development the property upon which the development is to be constructed. It assumes that the tenant is to take a lease of the whole or part of the development to be constructed in the form of a lease to be annexed to the agreement, and is conditional upon the developer obtaining planning permission for the development.

Drafting notes to accompany this document are attached.

If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.

This document contains draft overage provisions.

These provisions are intended for use where overage is to be paid in a variety of circumstances - for example, following the grant of planning permission, or on a disposal of the property with the benefit of planning permission, or following the implementation of a planning permission.

More than any other Property PSL document, this document is drafted with many variable and alternate provisions. Attempts to standardise overage drafting can be futile, as there is inevitably a need for the draftsperson to apply his or her own creative drafting skills to each and every case where overage is to be paid.

Before using this precedent document, it is advisable to read the accompanying drafting notes.

In adition, the infobank contain a note on some key drafting points when dealing with overage - click on Overage Clauses. This document also reviews all case law on overage over the last few years.

This document contains a draft option to purchase that is linked to the obtaining of planning permission.

The option is exercisable in relation to part, or parts of the property (tranches), once planning permission is obtained for those parts. The option enables the developer first to call for a valuation of the part of the property in respect of which planning permission is obtained, and if the valuation is acceptable to the developer, it may then exercise the option in relation to that part.

If the intention is to grant a planning linked option to purchase the whole of property, see the Property PSL developer's option to purchase (whole).

The option is drafted on the assumption that the developer/purchaser's solicitor is responsible for the drafting.

Before using this precedent document, it is advisable to read the accompanying drafting notes.

This document contains a draft option to purchase that is linked to the obtaining of planning permission. The option enables the developer first to call for a valuation of the property (in default of agreement as to value) following the grant of planning permission, and if the valuation is acceptable to the developer, it may then exercise the option.

The option is intended to be exercisable only in relation to the whole of the property and only if planning permission is obtained for the whole of it, or substantially the whole of it. If an option to exercise in parts is required, see the Property PSL developer's option to purchase (part).

The option is drafted on the assumption that the developer/purchaser's solicitor is responsible for the drafting.

Before using this precedent document, it is advisable to read the drafting notes accompanying it. If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.

This agreement is a simple option to purchase land - simple in that it is not linked in any way to the obtaining of planning permission. It is drafted on the assumption that the seller/landowner's lawyer will be responsible for the drafting.

For option agreements linked to the obtaining of planning permission, see the Property PSL Developer's Option to Purchase - whole, or in parts.

Before using this precedent document, it is advisable to read the drafting notes accompanying it. If you have any queries or comments about this document or the drafting notes, use the contact tab at the top of the page.

An identical copy version, with text form fields (TFF), is included below.