The Building Loan Agreement is essential for financing construction projects in Belgium, whether for commercial, residential, or industrial purposes. It serves as the primary documentation for construction financing, combining elements of traditional loan agreements with specific construction-related provisions. The agreement must comply with Belgian financial services regulations, consumer protection laws, and construction regulations. It typically includes detailed provisions for staged disbursements tied to construction progress, technical specifications, and security arrangements. This document is particularly important in the Belgian context due to specific requirements for mortgage registration, notarial involvement, and urban planning compliance. The Building Loan Agreement also addresses environmental regulations and technical inspection requirements unique to the Belgian construction sector.
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1. Parties: Identification of the Lender (financial institution) and Borrower(s), including full legal names, addresses, and registration details
2. Background: Context of the loan agreement, purpose of the construction project, and reference to any preliminary agreements
3. Definitions: Definitions of key terms used throughout the agreement, including technical construction terms and financial terminology
4. Loan Amount and Purpose: Specification of the total loan amount, purpose of the loan, and any limitations on use of funds
5. Disbursement Conditions: Conditions precedent for initial and subsequent disbursements, linked to construction milestones and documentation requirements
6. Interest and Fees: Interest rate provisions, calculation methods, fees, and charges applicable to the loan
7. Repayment Terms: Schedule of repayments, payment methods, prepayment provisions, and consequences of default
8. Construction Requirements: Obligations regarding construction timeline, quality standards, permits, and inspections
9. Security and Mortgage: Details of mortgage registration, additional security requirements, and guarantee provisions
10. Representations and Warranties: Statements of fact by the borrower regarding their legal capacity, property ownership, and project validity
11. Borrower's Covenants: Ongoing obligations of the borrower regarding construction, insurance, property maintenance, and financial reporting
12. Events of Default: Circumstances constituting default and the lender's remedies
13. General Provisions: Standard clauses including notices, amendments, governing law, and jurisdiction
1. Interest Rate Hedging: Required when offering interest rate protection options or requirements
2. Environmental Compliance: Needed for projects with significant environmental impact or requirements
3. Construction Contractor Requirements: Include when the lender requires specific provisions regarding contractor selection and performance
4. Cost Overrun Provisions: Required for larger construction projects to address potential cost overruns
5. Property Management: Needed when the finished property will be commercially operated
6. Additional Guarantees: Include when third-party guarantees or specific security arrangements are required
7. Insurance Requirements: Detailed section needed for complex construction projects requiring specific insurance coverage
1. Schedule 1 - Property Description: Detailed description of the property and construction project
2. Schedule 2 - Construction Timeline: Detailed construction milestones and completion dates
3. Schedule 3 - Disbursement Schedule: Timeline and conditions for loan disbursements linked to construction progress
4. Schedule 4 - Required Insurance: List of required insurance policies and coverage amounts
5. Schedule 5 - Form of Drawdown Notice: Template for requesting loan disbursements
6. Schedule 6 - Required Permits: List of required construction and environmental permits
7. Schedule 7 - Construction Budget: Detailed breakdown of construction costs and allocation of loan proceeds
8. Schedule 8 - Form of Progress Certificate: Template for certifying construction progress for disbursements
9. Appendix A - Construction Plans: Approved architectural and engineering plans
10. Appendix B - Technical Specifications: Detailed technical requirements for the construction
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