The Agreement Between Developer And Landowner is a fundamental document in Malaysian property development, essential when a developer seeks to develop land owned by another party. This agreement is particularly relevant in the Malaysian context where land ownership and development rights are strictly regulated under the National Land Code 1965 and various state-level legislation. The document outlines the complete framework for the development arrangement, including property rights, development scope, financial terms, regulatory compliance requirements, and risk allocation. It is commonly used in both commercial and residential developments, requiring careful consideration of local planning laws, environmental regulations, and building codes. The agreement must comply with Malaysian contract law principles while addressing specific requirements of local authorities and state-level regulations.
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1. Parties: Identification and details of the Developer and Landowner
2. Background: Context of the agreement, including description of the land and development intention
3. Definitions and Interpretation: Definitions of key terms and interpretation rules
4. Grant of Development Rights: Specific rights granted to the Developer to develop the land
5. Developer's Obligations: Core responsibilities of the Developer including construction, approvals, and completion
6. Landowner's Obligations: Core responsibilities of the Landowner including providing access and cooperation
7. Development Timeline: Key dates, milestones, and completion requirements
8. Financial Terms: Payment terms, profit sharing arrangements, and financial obligations
9. Approvals and Compliance: Requirements for obtaining and maintaining necessary permits and approvals
10. Title and Ownership: Provisions regarding land ownership during and after development
11. Representations and Warranties: Standard warranties from both parties
12. Termination: Circumstances and procedures for agreement termination
13. Dispute Resolution: Procedures for handling disputes
14. General Provisions: Standard boilerplate clauses including notices, amendments, and governing law
1. Environmental Obligations: Specific environmental requirements and responsibilities - include if development requires environmental impact assessment
2. Sales and Marketing: Terms regarding property sales and marketing - include if Developer has rights to sell developed units
3. Strata Management: Provisions for strata title and management - include for developments with shared facilities
4. Infrastructure Requirements: Specific infrastructure development obligations - include for large-scale developments
5. Community Obligations: Requirements regarding community facilities or social obligations - include if required by authorities
6. Phased Development: Terms for staged development - include for projects developed in phases
7. Financing Arrangements: Detailed financing terms - include if specific project financing is involved
8. Pre-existing Tenancies: Handling of existing tenants or occupiers - include if land has current occupants
1. Land Details: Detailed description of land title, location, and dimensions
2. Development Plans: Approved plans, drawings, and specifications
3. Development Schedule: Detailed timeline and milestone dates
4. Financial Schedule: Detailed payment terms, calculations, and profit-sharing formulae
5. Planning Permissions: Copies of or requirements for planning permissions and approvals
6. Technical Specifications: Detailed construction and development specifications
7. Form of Warranties: Standard forms of warranties to be provided
8. Power of Attorney: Form of power of attorney if required for development activities
9. Environmental Requirements: Environmental compliance requirements and standards
10. List of Required Approvals: Comprehensive list of required permits and approvals
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