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Development Management Agreement for Belgium

Development Management Agreement Template for Belgium

A Development Management Agreement governed by Belgian law establishes the professional relationship between a property owner/developer and a development manager who will oversee and manage the development project. The agreement details the scope of services, responsibilities, fee structure, and operational procedures under Belgian legal requirements. It incorporates specific provisions aligned with Belgian Civil Code requirements, regional urban planning regulations, and relevant EU directives. The document outlines project governance, risk allocation, and compliance requirements while establishing clear deliverables and performance metrics for the development management services.

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What is a Development Management Agreement?

The Development Management Agreement is essential for property development projects in Belgium where specialized expertise is required to manage complex development processes. This document is typically used when a property owner or investor seeks professional development management services for their project, whether commercial, residential, or mixed-use. The agreement, governed by Belgian law and compliant with EU regulations, establishes the framework for the development manager's appointment, outlining their authority to act on behalf of the owner in coordinating all aspects of the development process. It addresses crucial elements such as scope of services, fee structures, reporting requirements, and risk allocation, while ensuring compliance with Belgian construction laws, urban planning regulations, and environmental requirements. The document is particularly important for institutional investors, property companies, and public authorities engaging development managers for large-scale or complex development projects.

What sections should be included in a Development Management Agreement?

1. Parties: Identification of the client/owner and the development manager, including full legal names and registered addresses

2. Background: Context of the development project, brief description of the property, and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules of interpretation

4. Appointment and Term: Formal appointment of the development manager, duration of the agreement, and any renewal provisions

5. Development Manager's Services: Overview of core services to be provided, with reference to detailed scope in schedule

6. Client's Obligations: Key responsibilities and obligations of the client, including provision of information and approvals

7. Fees and Payment Terms: Fee structure, payment schedule, and expenses, with reference to detailed calculations in schedule

8. Project Budget and Cost Control: Provisions regarding budget management, cost reporting, and control procedures

9. Time Schedule: Project timeline, milestones, and delivery dates

10. Reporting and Communication: Regular reporting requirements, meeting schedules, and communication protocols

11. Intellectual Property Rights: Ownership and usage rights of project documents and materials

12. Liability and Insurance: Limitation of liability, professional indemnity requirements, and insurance obligations

13. Force Majeure: Provisions for unforeseen circumstances and their impact on obligations

14. Termination: Grounds for termination, notice requirements, and consequences of termination

15. Confidentiality: Protection of confidential information and trade secrets

16. Governing Law and Jurisdiction: Specification of Belgian law as governing law and jurisdiction for disputes

17. General Provisions: Standard boilerplate clauses including notices, entire agreement, and amendments

What sections are optional to include in a Development Management Agreement?

1. Phasing: Required when the development project is divided into distinct phases with different scope or fee arrangements

2. Value Engineering: Include when specific cost optimization services are required

3. Sustainability Requirements: Include when the project has specific environmental or sustainability targets

4. Multiple Site Provisions: Required when the development project spans multiple locations

5. Stakeholder Management: Include when the project requires significant public or stakeholder consultation

6. Special Purpose Vehicle: Include when project involves creation or management of an SPV

7. Public Procurement: Required when project involves public entities or funding

8. Risk Management: Include for complex projects requiring specific risk management procedures

9. Change Management: Include when formal change control procedures are required

10. Dispute Resolution: Include when specific alternative dispute resolution procedures are preferred

What schedules should be included in a Development Management Agreement?

1. Schedule 1 - Scope of Services: Detailed description of all development management services to be provided

2. Schedule 2 - Fee Schedule: Detailed breakdown of fees, including base fee, success fee, and expense categories

3. Schedule 3 - Project Programme: Detailed project timeline with key milestones and critical paths

4. Schedule 4 - Property Details: Detailed description of the property including legal description and current status

5. Schedule 5 - Key Personnel: Names and roles of key team members from both parties

6. Schedule 6 - Reporting Requirements: Templates and specifications for required reports

7. Schedule 7 - Project Budget: Detailed project budget breakdown and cost categories

8. Schedule 8 - Authority Matrix: Decision-making and approval authorities for various aspects of the project

9. Appendix A - Form of Monthly Report: Standard template for monthly progress reports

10. Appendix B - Insurance Requirements: Detailed insurance requirements and minimum coverage levels

Authors

Alex Denne

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

Jurisdiction

Belgium

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions































































Clauses












































Relevant Industries

Commercial Real Estate

Residential Development

Mixed-use Development

Industrial Development

Retail Development

Infrastructure Development

Healthcare Facilities

Education Facilities

Hospitality

Logistics

Urban Regeneration

Relevant Teams

Legal

Real Estate

Development

Construction

Investment

Operations

Risk Management

Commercial

Finance

Procurement

Technical Services

Project Management Office

Asset Management

Property Management

Relevant Roles

Development Director

Project Manager

Real Estate Investment Manager

Property Director

Construction Manager

Asset Manager

Development Manager

Investment Director

Legal Counsel

Contract Manager

Chief Development Officer

Portfolio Manager

Facilities Director

Operations Director

Risk Manager

Commercial Director

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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