The Building Loan Agreement is a crucial document in Austrian real estate financing, used when individuals or organizations require funding for construction, renovation, or development projects. It combines elements of traditional lending with construction-specific requirements, making it distinct from standard loan agreements. This document is particularly relevant in the Austrian market where construction financing is heavily regulated and requires specific compliance with the Bankwesengesetz (BWG) and Bausparkassengesetz (BSpG). The agreement typically includes detailed provisions for staged disbursement of funds based on construction progress, specific security requirements including property mortgages, and comprehensive insurance requirements. It's designed to protect both the lender's security interest and the borrower's rights under Austrian consumer protection laws, while ensuring compliance with local building regulations and environmental requirements.
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1. Parties: Identification of the lender (banking institution) and borrower(s), including full legal names and addresses
2. Background: Context of the loan agreement, purpose of the construction project, and property details
3. Definitions: Definitions of key terms used throughout the agreement, including technical banking and construction terms
4. Loan Amount and Purpose: Specification of the total loan amount, purpose of the loan, and construction project details
5. Interest Rate and Calculations: Details of interest rate (fixed or variable), calculation method, and effective annual rate (APR)
6. Disbursement Terms: Schedule and conditions for loan disbursement, typically linked to construction progress
7. Repayment Terms: Repayment schedule, installment amounts, and payment methods
8. Security and Mortgage: Details of the mortgage registration, property valuation, and other security requirements
9. Construction Requirements: Specifications for construction progress reporting, inspections, and compliance requirements
10. Insurance Requirements: Mandatory insurance coverage for the property and construction
11. Events of Default: Circumstances constituting default and consequences
12. Representations and Warranties: Borrower's confirmations regarding their financial status and project details
13. Governing Law and Jurisdiction: Confirmation of Austrian law application and jurisdiction for disputes
1. Government Subsidies: Include when the construction project qualifies for state or federal subsidies
2. Environmental Compliance: Required for projects with specific environmental requirements or certifications
3. Co-borrower Provisions: Include when there are multiple borrowers or guarantors
4. Property Development Conditions: Required for loans financing multi-unit or commercial developments
5. Foreign Currency Provisions: Include when the loan is provided in a currency other than EUR
6. Green Building Requirements: Include for projects with specific environmental or energy efficiency requirements
7. Construction Company Requirements: Include when specific requirements for the construction company need to be met
1. Schedule 1 - Property Details: Detailed description of the property including land register details and construction plans
2. Schedule 2 - Disbursement Schedule: Detailed timeline and conditions for loan disbursements linked to construction milestones
3. Schedule 3 - Repayment Schedule: Detailed amortization schedule with payment dates and amounts
4. Schedule 4 - Required Insurance: Specific insurance requirements and minimum coverage amounts
5. Schedule 5 - Construction Timeline: Detailed construction schedule and milestone requirements
6. Appendix A - Required Documentation: List of all required documents for loan disbursement and ongoing compliance
7. Appendix B - Fee Schedule: Detailed breakdown of all applicable fees and charges
8. Appendix C - Construction Specifications: Technical specifications and requirements for the construction project
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