IMPROVEMENT TO THE PROPERTY Clause Samples
The "Improvement to the Property" clause defines the rules and responsibilities regarding any modifications, additions, or upgrades made to the property during the term of an agreement. Typically, this clause outlines who is permitted to make improvements, whether prior approval is required, and how ownership of such improvements is determined—such as whether they become part of the property or can be removed at the end of the agreement. Its core practical function is to prevent disputes by clarifying the process and consequences of making changes to the property, ensuring both parties understand their rights and obligations regarding property enhancements.
IMPROVEMENT TO THE PROPERTY. 10.1 The Purchaser acknowledges that it is necessary for the Seller to impose specific conditions relating to the improvement of the property in respect of, inter alia, the time period for the commencement of improvements, the design, construction and materials to be used.
10.2 The Purchaser shall not be entitled to effect any improvements of whatever nature to the property until registration of transfer thereof into the Purchaser’s name, without the prior written consent of the Seller and the Homeowners’ Association. In the event of the Purchaser being granted consent by the Seller to make improvements to the property prior to registration of transfer, the Purchaser shall do so entirely at his own risk. In the event of this agreement being terminated for any reason whatsoever, the Purchaser shall:
10.1 have no claim against the Seller for any compensation whatsoever in respect of such improvement which shall be forfeited to the Seller;
10.2 in the event of any damage to the property, at the instance of the Seller, return the Property to its original condition, within 14 (Fourteen) days of written demand.
10.3 The Purchaser shall be obliged to complete the construction of a dwelling on the property within 30 (Thirty) months from date of registration of transfer from the Developer to the Purchaser.
10.4 Regardless of when the Purchaser commences construction of any sort on the Property, he shall be obliged to complete construction of the dwelling within a period of 15 (Fifteen) consecutive months from the date of commencement of building such dwelling, provided that the date of completion does not exceed the overall period provided for in clause 10.3.
10.5 Where the Purchaser fails to comply with the time periods referred to in 10.3 and 10.4, the following penalties will apply:
10.5.1 where construction of a dwelling is not completed within 30 (Thirty) months from date of registration of transfer from the Developer to the Purchaser, a monthly “building penalty levy”, equivalent to 50% (Fifty Percent) of the monthly Homeowners’ Association Levy at that time, will be added to the said monthly Homeowners’ Association Levy until the dwelling is complete or until the expiry of 6 (Six) months;
10.5.2 where construction of a dwelling is still not completed within the further 6 (Six) months referred to in clause 10.5.1 (i.e. a total of 36 (Thirty Six) months from date of registration of transfer from the Developer to the Purchaser), a “building penalty levy”, equiv...
IMPROVEMENT TO THE PROPERTY. 10.1 The Purchaser acknowledges that it is necessary for the Developer to impose specific conditions relating to the improvement of the property in respect of, inter alia, the time period for the commencement of improvements, the design, construction and materials to be used.
10.2 The Purchaser shall not be entitled to effect any improvements of whatever nature to the property without the prior written consent of the Homeowners’ Association.
10.3 Should the purchaser effect any improvements or alterations to the dwelling on the property, the Purchaser undertakes to ensure that the Architectural Requirements and Guidelines set out in Annexure “LA” hereto, and the Landscaping Guidelines set out in Annexure “LB”, or such other guidelines and controls as may be approved by the Homeowners’ Association from time to time, are strictly adhered to.
10.4 No additional dwellings or structures of any sort whatsoever may be erected on the property unless the Purchaser:
10.4.1 first obtains the prior written consent of the Homeowners’ Association;
10.4.2 obtains the requisite approval from the relevant local authority or where necessary, any other competent authority;
10.4.3 uses designs from the selection of designs relating to the dwellings or structures to be erected within the Estate as may from time to time be prepared or drawn by the architect, or may at the Purchaser’s cost engage the services of one of the panel architects referred to in clause 1.1 above, to design a new plan.
10.5 Any Purchaser wishing to improve his property or make any structural alterations thereto, shall submit to the Homeowners’ Association the following documentation in order for it to grant approval:
10.5.1 a site diagram of the property on which it is clearly indicated the position of any existing structures and any additional structures to be erected and such structures’ external boundaries/walls;
10.5.2 a detailed building plan of all additions to be erected on the property;
10.5.3 building plans on which is detailed all elevations of the structures concerned;
10.5.4 a schedule of all external finishes to the additional structures;
10.5.5 a schedule detailing the materials or items to be used in the construction of the additional structures;
10.5.6 the Homeowners’ Association ’s prescribed fee as may be determined by it from time to time.
10.6 Any building plans referred to in Clause 10.5 shall be drawn by the architect to scale as directed by the Homeowners’ Association and shall com...
IMPROVEMENT TO THE PROPERTY. 10.1 The Purchaser acknowledges that it is necessary for the Seller to impose specific conditions relating to the improvement of the property in respect of, inter alia, the time period for the commencement of improvements, the design, construction and materials to be used.
10.2 The Purchaser shall not be entitled to effect any improvements of whatever nature to the property until registration of transfer thereof into the Purchaser’s name, without the prior written consent of the Seller and the Homeowners’ Association. In the event of the Purchaser being granted consent by the Seller to make improvements to the property prior to registration of transfer, the Purchaser shall do so entirely at his own risk. In the event of this agreement being terminated for any reason whatsoever, the Purchaser shall:
10.2.1 have no claim against the Seller for any compensation whatsoever in respect of such improvement which shall be forfeited to the Seller;