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Development Rights Agreement Template for Malaysia

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Key Requirements PROMPT example:

Development Rights Agreement

"I need a Development Rights Agreement for a mixed-use commercial and residential project in Kuala Lumpur, where my company will be the developer working with a government-linked landowner, with construction expected to commence in March 2025."

Document background
The Development Rights Agreement is a crucial document in Malaysian property development, used when a landowner grants specific development rights to a developer without transferring ownership of the land. This agreement type is particularly relevant in Malaysia's dynamic property market, where development projects must navigate both federal and state-level regulations. The document typically includes detailed provisions for development scope, timelines, financial arrangements, regulatory compliance, and risk allocation. It must account for Malaysia's unique legal framework, which combines common law principles with Islamic law considerations, and comply with key legislation such as the National Land Code 1965 and Town and Country Planning Act 1976. The agreement is essential for large-scale development projects, mixed-use developments, and complex property developments where clear delineation of rights and responsibilities is crucial for project success.
Suggested Sections

1. Parties: Identification of the parties entering into the agreement, including the landowner/rights grantor and the developer

2. Background: Context of the agreement, including description of the land/property and development opportunity

3. Definitions: Detailed definitions of terms used throughout the agreement

4. Grant of Development Rights: Specific rights being granted to the developer, including scope and limitations

5. Development Obligations: Developer's obligations regarding the planning, execution, and completion of the development

6. Landowner's Obligations: Rights grantor's responsibilities and commitments

7. Development Timeline: Project schedule, milestones, and completion deadlines

8. Financial Terms: Payment structure, development costs, profit sharing arrangements

9. Regulatory Compliance: Obligations regarding permits, approvals, and compliance with laws

10. Representations and Warranties: Statements of fact and assurances from both parties

11. Term and Termination: Duration of the agreement and circumstances for termination

12. Dispute Resolution: Procedures for handling disputes between parties

13. General Provisions: Standard legal provisions including notices, amendments, governing law

Optional Sections

1. Environmental Obligations: Specific environmental requirements and commitments - include when development has significant environmental impact

2. Community Obligations: Social responsibilities and community engagement requirements - include for large-scale developments

3. Islamic Finance Compliance: Specific provisions for Shariah compliance - include when Islamic financing is involved

4. Marketing Rights: Rights and obligations regarding project marketing - include for commercial developments

5. Infrastructure Development: Specific provisions for infrastructure requirements - include for large-scale developments

6. Phasing Provisions: Details of development phases - include for multi-phase projects

7. Force Majeure: Extended provisions for unforeseen circumstances - include for long-term projects

Suggested Schedules

1. Property Description: Detailed description of the land/property including title details and plans

2. Development Plans: Architectural plans, drawings, and specifications

3. Project Timeline: Detailed project schedule with milestones and deadlines

4. Payment Schedule: Detailed breakdown of payments, costs, and profit-sharing arrangements

5. Required Approvals: List of required regulatory approvals and permits

6. Technical Specifications: Detailed technical requirements and standards

7. Form of Guarantees: Templates for any required bank guarantees or performance bonds

8. Environmental Impact Assessment: Environmental study results and mitigation measures

9. Power of Attorney: Format of power of attorney if required for development activities

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

Real Estate

Construction

Infrastructure Development

Commercial Property

Residential Property

Industrial Development

Mixed-use Development

Urban Planning

Township Development

Retail Development

Hospitality

Healthcare Facilities

Educational Facilities

Industrial Parks

Technology Parks

Relevant Teams

Legal

Property Development

Project Management

Construction

Real Estate

Compliance

Risk Management

Finance

Investment

Planning

Operations

Business Development

Corporate Affairs

Technical Services

Relevant Roles

Chief Executive Officer

Chief Legal Officer

Legal Counsel

Property Development Manager

Project Director

Construction Manager

Land Acquisition Manager

Real Estate Director

Development Director

Planning Manager

Compliance Officer

Contract Manager

Risk Manager

Financial Controller

Investment Manager

Urban Planner

Property Manager

Development Executive

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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