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Ground Lease Agreement for Ireland

Ground Lease Agreement Template for Ireland

A Ground Lease Agreement under Irish law is a comprehensive legal document that establishes a long-term lease arrangement where a tenant rents land from a property owner, typically for development purposes. The agreement grants the tenant rights to develop and use the land while the landlord retains ownership of the freehold interest. It includes detailed provisions for rent, development rights, maintenance obligations, and permitted uses, all governed by Irish property law and relevant statutory requirements. The document typically spans several decades and requires careful consideration of planning laws, environmental regulations, and future development potential.

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What is a Ground Lease Agreement?

A Ground Lease Agreement is a crucial document in Irish real estate law, used when a landowner wishes to retain ownership of their land while allowing a tenant to develop and use it for an extended period, often 99 years or more. This type of agreement is particularly common in commercial development projects, urban regeneration schemes, and large-scale property developments. The document addresses essential aspects such as development rights, rent reviews, maintenance responsibilities, and permitted uses, while ensuring compliance with Irish property law, planning regulations, and environmental requirements. Ground Lease Agreements are particularly valuable when landowners want to generate long-term income while maintaining their asset ownership, or when developers seek to minimize initial capital outlay while securing long-term development rights.

What sections should be included in a Ground Lease Agreement?

1. Parties: Identifies and provides full details of the landlord/lessor and tenant/lessee

2. Background: Sets out the context of the agreement, including property ownership and intention to create a ground lease

3. Definitions: Defines key terms used throughout the agreement

4. Demise and Term: Specifies the property being leased and duration of the lease

5. Rent and Payment Terms: Details the ground rent amount, payment schedule, and rent review mechanisms

6. Permitted Use: Specifies allowed uses of the land and any restrictions

7. Development Rights: Outlines the tenant's rights to develop the land and any conditions attached

8. Maintenance and Repair: Sets out responsibilities for maintaining the land and any existing structures

9. Insurance: Specifies required insurance coverage and responsibilities

10. Assignment and Subletting: Details conditions under which the lease can be assigned or the property sublet

11. Tenant Covenants: Lists the tenant's obligations under the lease

12. Landlord Covenants: Lists the landlord's obligations under the lease

13. Termination: Specifies circumstances and procedures for ending the lease

14. Indemnification: Sets out mutual indemnification provisions

15. Governing Law: Confirms Irish law governs the agreement and jurisdiction for disputes

What sections are optional to include in a Ground Lease Agreement?

1. Planning Permissions: Include when specific planning permissions are required or in place for development

2. Environmental Provisions: Include when there are specific environmental concerns or requirements

3. Break Clauses: Include when early termination options are agreed

4. Service Charge: Include when there are shared facilities or services

5. Development Schedule: Include when specific development timelines and milestones are required

6. Rights of Pre-emption: Include when the tenant has rights to purchase the freehold

7. Mineral Rights: Include when dealing with land where mineral rights are relevant

8. Renewable Energy Provisions: Include when renewable energy installations are planned or permitted

What schedules should be included in a Ground Lease Agreement?

1. Schedule 1 - Property Description: Detailed description of the land including maps and plans

2. Schedule 2 - Rent Review Provisions: Detailed mechanisms and procedures for rent reviews

3. Schedule 3 - Permitted Uses: Detailed list of permitted uses and restrictions

4. Schedule 4 - Development Specifications: Technical specifications for permitted development

5. Schedule 5 - Insurance Requirements: Detailed insurance requirements and minimum coverage

6. Schedule 6 - Service Level Requirements: Details of any service obligations if applicable

7. Appendix A - Plans and Drawings: Site plans, boundary maps, and relevant drawings

8. Appendix B - Planning Permissions: Copies of relevant planning permissions and certificates

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

Ireland

Publisher

Ƶ

Document Type

Lease Agreement

Cost

Free to use
Relevant legal definitions














































Clauses









































Relevant Industries

Commercial Real Estate

Retail Development

Industrial Development

Residential Development

Agriculture

Energy and Utilities

Hospitality

Healthcare

Educational Institutions

Mixed-use Development

Relevant Teams

Legal

Real Estate

Property Development

Facilities Management

Finance

Compliance

Planning and Development

Asset Management

Environmental

Risk Management

Relevant Roles

Real Estate Director

Property Development Manager

Legal Counsel

Commercial Property Lawyer

Land Surveyor

Planning Consultant

Property Investment Manager

Asset Manager

Facilities Manager

Environmental Compliance Officer

Chief Financial Officer

Development Director

Land Acquisition Manager

Property Portfolio Manager

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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