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New Build Purchase Agreement Template for New Zealand

A comprehensive legal agreement governed by New Zealand law that establishes the terms and conditions for the construction and purchase of a new building. This document outlines the obligations of both the developer/builder and the purchaser, including construction specifications, payment terms, completion requirements, and warranties. It incorporates New Zealand-specific building regulations and property law requirements, ensuring compliance with local construction standards and property transfer procedures. The agreement provides protection for both parties throughout the construction process and subsequent property transfer.

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What is a New Build Purchase Agreement?

The New Build Purchase Agreement is a crucial document used in New Zealand property development transactions where a property is being constructed for a specific purchaser. This agreement combines elements of both a construction contract and a property purchase agreement, ensuring compliance with New Zealand building regulations, property law, and consumer protection requirements. It is typically used when a purchaser commits to buying a property before or during its construction phase, whether for residential or commercial purposes. The agreement includes detailed specifications for the building work, payment structures, completion timeframes, and warranty provisions. It must comply with various New Zealand legislation including the Building Act 2004, Property Law Act 2007, and Construction Contracts Act 2002. The document provides essential protection for both the developer/builder and the purchaser throughout the construction and property transfer process.

What sections should be included in a New Build Purchase Agreement?

1. Parties: Identification and details of the vendor/builder and purchaser

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

3. Definitions and Interpretation: Key terms used throughout the agreement and rules for interpretation

4. Agreement to Build and Purchase: Core obligations of the parties regarding construction and purchase

5. Purchase Price and Payment Terms: Total purchase price, deposit requirements, and payment schedule

6. Construction Obligations: Builder's obligations regarding construction, timeframes, and standards

7. Variations: Process for requesting and implementing changes to specifications

8. Inspections and Access: Purchaser's rights to inspect during construction and builder's obligations

9. Practical Completion: Definition, process, and requirements for achieving practical completion

10. Title and Settlement: Requirements for title transfer and final settlement

11. Warranties and Guarantees: Builder's warranties and guarantees for the construction work

12. Default and Remedies: Consequences of default and available remedies for both parties

13. Dispute Resolution: Process for resolving disputes between parties

14. General Provisions: Standard contract clauses including notices, assignment, and governing law

What sections are optional to include in a New Build Purchase Agreement?

1. Staged Payments: Detailed payment structure for staged construction - used when progress payments are required

2. Finance Condition: Conditions relating to purchaser obtaining finance - used when purchaser requires mortgage funding

3. Resource Consent Conditions: Special conditions relating to obtaining necessary consents - used when consents are not yet obtained

4. Sunset Clause: Long-stop date for completion - used for protection in case of extended delays

5. Third Party Rights: Rights of third parties (e.g., guarantors) - used when third parties are involved

6. Development Conditions: Specific conditions for larger developments - used in multi-unit or subdivision scenarios

7. Maintenance Period: Post-completion maintenance obligations - used when extended maintenance is agreed

What schedules should be included in a New Build Purchase Agreement?

1. Schedule 1 - Property Description: Detailed description of the land and title details

2. Schedule 2 - Plans and Specifications: Architectural plans, engineering drawings, and detailed specifications

3. Schedule 3 - Inclusions and Exclusions: Detailed list of included and excluded items in the build

4. Schedule 4 - Payment Schedule: Detailed breakdown of payment stages and amounts

5. Schedule 5 - Timeframes: Construction timeline and key milestone dates

6. Schedule 6 - Warranties: Detailed warranty terms and conditions

7. Appendix A - Material Specifications: Detailed specifications of materials to be used

8. Appendix B - Fixtures and Fittings: Specifications for all fixtures and fittings

9. Appendix C - Consents and Permits: Copies of relevant consents and permits

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

Jurisdiction

New Zealand

Publisher

Genie AI

Cost

Free to use

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