Consortium & Collaboration Agreements - The Key Issues for Property Professionals

Introduction

This webinar will cover consortium agreements (agreements between developers, especially housebuilders, who are developing a site together or sharing a site) and collaboration agreements (agreements between landowners who wish to develop their individual landholdings as a whole and enter into an agreement with a developer).

There are serious pitfalls involved in these types of arrangements which this webinar will address.

What You Will Learn

This webinar will cover the following:

Consortium Agreements:

• What type of structure is best in the circumstances? Should the parties form a company or other artificial vehicle to carry out the development, or should they just enter into an agreement between themselves? Could such an agreement cause a partnership to be formed?
• Should the development site be held in joint names? If so, what are the issues that arise here?
• Should one party be appointed to carry out (parts of) the development on behalf of the others?
• What issues arise from agreements with the landowners (assuming that the developers do not yet own the land)?
• What issues arise in relation to s106 planning obligations?
• How should costs be dealt with?
• What about disputes between the parties?
• Tax issues
• Lessons from the cases

Collaboration Agreements:

• What issues need to be covered between the landowners before a developer is found?
• What issues need to be covered between the landowners after a developer is found?
• Equalisation issues
• Should the landowners enter into individual agreements with the developer or a single joint agreement?
• Pitfalls - tax, collective investment schemes

This webinar was recorded on 29th June 2022