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Building Loan Agreement Template for Nigeria

A comprehensive legal agreement governed by Nigerian law that establishes the terms and conditions for providing financing specifically for construction or building development projects. The document outlines the loan amount, disbursement schedule tied to construction milestones, repayment terms, security arrangements, and construction requirements. It incorporates relevant provisions from Nigerian banking regulations, construction laws, and property legislation, ensuring compliance with local regulatory requirements while protecting both lender and borrower interests throughout the construction process.

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What is a Building Loan Agreement?

The Building Loan Agreement is a specialized financing document used in Nigeria when a lender provides funding specifically for construction or development projects. It combines elements of both traditional loan agreements and construction contracts, making it distinct from standard commercial loans. The agreement is essential for projects requiring phased funding based on construction progress, typically used in real estate development, commercial construction, and infrastructure projects. It must comply with Nigerian banking regulations, including the Banks and Other Financial Institutions Act (BOFIA) 2020, as well as construction and property laws. The document includes detailed provisions for loan disbursement tied to construction milestones, technical specifications, monitoring requirements, and security arrangements, ensuring proper risk management for both the lender and borrower throughout the construction phase.

What sections should be included in a Building Loan Agreement?

1. Parties: Identification of the Lender, Borrower, and any guarantors

2. Background: Context of the agreement, including property details and purpose of the loan

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

4. Loan Amount and Purpose: Specification of the loan amount, purpose, and construction project details

5. Disbursement Terms: Schedule and conditions for loan disbursements tied to construction milestones

6. Interest and Fees: Interest rate, calculation method, and associated fees

7. Repayment Terms: Repayment schedule, methods, and prepayment provisions

8. Security and Collateral: Details of security arrangements, including property mortgage and additional collateral

9. Construction Requirements: Construction specifications, timelines, and quality standards

10. Conditions Precedent: Prerequisites for loan effectiveness and disbursement

11. Representations and Warranties: Statements of fact by the borrower regarding their status and project

12. Covenants: Ongoing obligations of the borrower during construction and loan term

13. Events of Default: Circumstances constituting default and corresponding remedies

14. Monitoring and Inspection: Lender's rights to monitor construction progress and loan utilization

15. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

What sections are optional to include in a Building Loan Agreement?

1. Insurance: Detailed insurance requirements - include if insurance is not covered in covenants

2. Environmental Compliance: Specific environmental obligations - include for large construction projects

3. Contractor Requirements: Specific requirements for contractors - include when lender requires approval rights over contractors

4. Cost Overrun Provisions: Provisions for handling cost overruns - include for large complex projects

5. Force Majeure: Specific force majeure provisions - include for long-term construction projects

6. Step-in Rights: Lender's rights to take over project - include for high-value commercial projects

7. Assignment and Transfer: Rights to assign or transfer the loan - include for syndicated loans

What schedules should be included in a Building Loan Agreement?

1. Schedule 1 - Property Details: Detailed description of the property and construction site

2. Schedule 2 - Construction Schedule: Detailed construction timeline and milestones

3. Schedule 3 - Disbursement Schedule: Detailed breakdown of loan disbursement tranches and conditions

4. Schedule 4 - Construction Specifications: Detailed technical specifications for the construction

5. Schedule 5 - Form of Drawdown Notice: Template for requesting loan disbursements

6. Schedule 6 - Required Permits and Approvals: List of required regulatory approvals and permits

7. Schedule 7 - Form of Progress Certificate: Template for certifying construction progress

8. Appendix A - Project Budget: Detailed project cost breakdown and budget

9. Appendix B - Security Documents: Forms of security documents and guarantees

10. Appendix C - Insurance Requirements: Detailed insurance specifications and requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Nigeria

Document Type

Financing Agreement

Cost

Free to use

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