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Building Loan Agreement Template for Switzerland

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Key Requirements PROMPT example:

Building Loan Agreement

"I need a Building Loan Agreement under Swiss law for a CHF 5 million commercial property development in Zurich, with quarterly disbursements starting March 2025, including specific provisions for sustainable construction standards and LEED certification requirements."

Document background
The Building Loan Agreement is a crucial document used in Switzerland when financing new construction projects or major renovations. It serves as the primary agreement between a financial institution and a borrower, establishing the terms and conditions for construction financing while ensuring compliance with Swiss banking regulations and construction laws. This document is particularly important as it combines elements of both financial and construction requirements, including staged disbursement provisions linked to construction progress, security arrangements through mortgage certificates (Schuldbriefe), and specific Swiss regulatory compliance measures. The agreement must address both federal and cantonal requirements and typically includes detailed provisions for construction monitoring, quality assurance, and risk management. It's commonly used by banks, property developers, and private individuals undertaking construction projects in Switzerland, and must be structured to accommodate the unique aspects of Swiss property law and banking regulations.
Suggested Sections

1. Parties: Identification of the lender (typically a Swiss bank or financial institution) and the borrower

2. Background: Context of the loan request, description of the construction project, and property details

3. Definitions: Definitions of key terms used throughout the agreement

4. Loan Amount and Purpose: Specification of the total loan amount and its intended use for construction

5. Conditions Precedent: Prerequisites that must be met before the loan becomes effective or before disbursements

6. Disbursement Schedule: Terms and conditions for the staged release of funds based on construction progress

7. Interest and Fees: Interest rate provisions, calculation methods, and applicable fees

8. Repayment Terms: Schedule and methods of repayment, including any grace periods

9. Security: Details of mortgages, guarantees, or other security interests required

10. Borrower's Representations and Warranties: Statements of fact and assurances provided by the borrower

11. Borrower's Covenants: Ongoing obligations of the borrower during the loan period

12. Construction Requirements: Specifications for construction progress, quality standards, and inspections

13. Events of Default: Circumstances constituting default and their consequences

14. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

Optional Sections

1. Insurance Requirements: Detailed insurance obligations - required when the standard insurance provisions need expansion

2. Environmental Compliance: Environmental requirements and warranties - needed for projects with significant environmental impact

3. Cost Overrun Provisions: Handling of construction cost overruns - recommended for large or complex projects

4. Change of Control: Provisions dealing with change in borrower's ownership - relevant for corporate borrowers

5. Multiple Borrowers: Additional provisions for multiple borrowers - needed when there is more than one borrower

6. Foreign Currency Provisions: Currency conversion and risk provisions - required when loan is in foreign currency

7. Assignment and Transfer: Terms for transferring or assigning the loan - important for syndicated loans

Suggested Schedules

1. Property Description: Detailed description of the property including land registry details

2. Construction Timeline: Detailed construction schedule and milestones

3. Disbursement Schedule: Detailed breakdown of staged payments linked to construction progress

4. Form of Drawdown Notice: Template for requesting loan disbursements

5. Required Insurance Policies: List and details of required insurance coverage

6. Form of Progress Certificate: Template for certifying construction progress

7. Security Documents: Forms of mortgage certificates and other security documents

8. Construction Budget: Detailed budget breakdown for the construction project

9. Required Permits: List of required construction and other permits

Authors

Alex Denne

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

Relevant legal definitions





















































Clauses




































Relevant Industries

Banking & Financial Services

Real Estate

Construction

Property Development

Infrastructure

Commercial Real Estate

Residential Real Estate

Architecture & Design

Relevant Teams

Legal

Credit Risk

Real Estate Finance

Construction Finance

Compliance

Property Development

Project Management

Mortgage Services

Investment Analysis

Due Diligence

Relevant Roles

Loan Officer

Credit Risk Manager

Real Estate Manager

Construction Project Manager

Property Developer

Legal Counsel

Mortgage Specialist

Banking Relationship Manager

Construction Finance Specialist

Real Estate Investment Manager

Compliance Officer

Property Portfolio Manager

Construction Site Supervisor

Real Estate Finance 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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