The evolving Split Contract Model – Medium density in Greenfield development sites
Historically, townhouses would make up a relatively small proportion of product in master planned greenfield development, with developers favouring a more traditional larger land lot delivery model. However, in recent years in the face of increasing land supply costs it has been common to see considerable portions of greenfield sites being dedicated to more compact medium density product. In particular, the split contract model has evolved and made a significant comeback recently.
Below we take you through some of the key trends and issues we have seen in recent medium density models.
There are two main delivery models to consider when structuring your medium density sites.
|Traditional turnkey||The developer contracts directly with its purchasers to deliver the land and built form product. The developer will enter into a building contract to deliver the build.|
|Split contract||The developer contracts with its purchasers for the land component only. The purchaser contracts directly with a builder(s) nominated by the developer. The land contracts and building contracts will be linked. The developer and builder will typically enter into a relationship deed to manage the turnkey component.|
We will focus on the use of split contracts and the benefits to developers in adopting this approach.
Why adopt a Split Contract Model?
The separation of the land and build components allowed by the split contract model comes with some key advantages for the developer.
|Settlement risk and delivery cost management|
A traditional turnkey model results in the developer shouldering the entirety of the build and settlement risk, outlaying both civil costs to deliver the land and construction costs to deliver the build.
A split contract allows the developer to focus on delivery of the civil components only and reduces settlement risk to the same factors as that of a land only settlement.
|Faster income realisation||The Split Model allows the income stream between land and build to be realised independently. This means the developer can trigger settlement of the land component once it has registered its plan of subdivision and need not wait for the build to reach completion.|
|Partnered approach and control over product delivery||The partnered and shared risk approach with a builder will typically allow for:|
Putting the pieces together
Yes, there are definitely benefits, but as developer, there is of course some element of control lost when separating out the land and build components.
Documenting the model appropriately will ensure you cover any purchaser settlement concerns and that you engage with your builders in a way which gives both parties certainty over product and ensures a smooth delivery process. We set out some of the key items to consider below.
|What to think about||The detail|
|Link the land and build|
These components ensure the developer has certainty over the product and critically that the nominated builder will be able to progress with construction in the manner originally envisaged. If these concepts are not considered, it can cause issues if a purchaser decides it wants to take its build in a different direction, contrary to your preferred design.
|Relationship deeds with your builders|
The document that sits in the background between the builder and developer is crucial to the success of the split contract model (particularly where you are not engaging with a related building arm).
There are various types of deeds that you might consider and this will largely be driven by the level of involvement you would like your builder to have in the process and the type of product you are delivering (i.e. adjoining townhomes or a stand-alone format).
In dealing with builders and settling on the model that is right for your development, it is important to consider:
|Finance – Getting your design and contract right so your customers can settle|
Historically there was reluctance from some lenders to both consider split contracts as a ‘qualifying sale’ for developer funding and to provide funding to purchasers wishing to acquire property under a split contract model.
If you would like to further explore how to integrate medium density product into your greenfield development or discuss the split contract models in greater detail, please don’t hesitate to contact any member of the development team.
Looking out for smaller businesses – the revised rules for Commonwealth Procurement
We explain the effect of recently enacted changes to the Commonwealth Procurement Rules, which commence on 1 July 2022.
Homebuyers, Housing Affordability and the Federal Election – What Developers need to know
By Nick Sparks & Lachlan Peavey
We summarise the incentives and concessions on offer for developers from both major parties ahead of the Election.
The importance of marketing – developer liable for misleading and deceptive conduct
We outline the impacts of a case where a developer had deceived purchasers by marketing an off-the-plan development...
Probuild and beyond: Insolvency issues for construction projects
By Sam Kingston
This article gives a high level summary of the issues that commonly arise and some relevant considerations.