Effective loan and project contracts
Credit agreements, collateral agreements, shareholder resolutions and, where applicable, purchase, JV/VDC, mezzanine or ranking agreements must be signed effectively and free of unaccepted conditions.
A loan decision does not yet provide any money. This guide shows which legal, economic and technical conditions are typically to be proven before the first payment and later construction calls.
Status: 29. August 2026 · Technically tested by Jürgen Kronawitter
At a glance: Payment requirements are the proofs specified in the loan agreement or loan decision, which must be fulfilled before a drawdown and approved by the lenders. Typical are effective contracts, ordered collateral, proven equity, building permit, insurance, cost and construction contracts as well as – if agreed – pre-sale or other project-specific conditions.
Not every condition applies to every project. The binding list results exclusively from the specific financing. Therefore, immediately after the credit decision, a responsible person should record each condition, the proof, the verifier and the target date in a closing tracker.
| Stage | What is available | What is missing |
|---|---|---|
| Indication / Term Sheet | Broad lines on volume, maturity, price, collateral and terms | Complete examination, decision and contract documentation |
| Loan decision | Internal decision of the lenders, often with conditions | Contracts and fulfilment of the agreed conditions |
| Closing | Signed credit and collateral documents | Release of all Conditions Precedent applicable to the first payout |
| Valuation | Capital is provided according to call, payment method and purpose | In the case of follow-up calls, further construction progress and cost documents |
The EBA guidelines on lending and monitoring require institutions to document credit agreement and disbursement terms in the credit decision and to monitor their compliance before disbursement. For real estate developments, depending on the project, this also includes necessary permits and certificates, cost reserves, business plan and market assumptions.
The specific formulation and order vary. These categories help to fully organize the contractual list.
Credit agreements, collateral agreements, shareholder resolutions and, where applicable, purchase, JV/VDC, mezzanine or ranking agreements must be signed effectively and free of unaccepted conditions.
Depending on the structure: notarial purchase contract, purchase price due, pre-notification of disposition, order of land, rank confirmation or notary confirmation, assignments and exemption regulations.
Building permit, approved plans, relevant ancillary provisions, notice of start of construction and other project-specific permits or certificates must be in the contractually required status.
Own funds shall be used in accordance with their amount, origin and use. Often, the agreed priority equity investment must be proven before debt capital can be called up.
Current cost and liquidity plan, reserve, construction contract or award status, schedule and, if necessary, approvals of appraisers or project controllers ensure the cost-to-complete logic.
If agreed, eligible purchase, rental or forward contracts, including deposits and contractual status, shall be proven. The calculation explains the guide to the Pre-sale quota at property development finance.
Project accounts, payment channels, proof of insurance, identity and money laundering verification, fees and other organizational conditions must be completed.
To classify MaBV correctly: § 3 MaBV regulates in particular when a property developer may receive assets of the acquirer. These requirements are not identical to the payment requirements of the financing institution, but may be closely related to pre-sale, exemption and payment plan.
The following overview is a working framework. Relevant remains the word-precise condition in the credit agreement or resolution.
From “existing” is only “fulfilled” if the lenders or the contractually determined inspection body has accepted the proof.
Development finance is often not paid out in full on day one. Subsequent drawdowns follow the agreed progress of construction, costs and sales.
Whether it is paid directly to sellers and entrepreneurs or to the project account depends on the contract and payment method. A call should therefore not be compiled on the due date.
| Field | Purpose | Example |
|---|---|---|
| Conditions | Wording or clear contract reference | Section and number instead of your own short interpretation |
| Evidence | Concrete document or action | Notary confirmation, bank statement, policy or expert approval |
| Accountability | A uniquely designated person | Sponsor, lawyer, notary, architect or lenders |
| Status | Open, submitted, consulted or fulfilled | Meets only after formal release |
| Date | Required until and actual release | With buffer before purchase price or invoice maturity |
Good practice: Immediately review changes to the project, costs, contracts or approval against credit resolution and payment requirements. A seemingly small plan change can trigger new technical, legal or economic evidence.
The internal tracker contains only "land charge", while the contract requires additional rank, enforceability or a certain notary confirmation.
Account, payee, purpose or source do not correspond to the required proof.
Cost plan, construction contract, liquidity and on-demand are based on different versions and generate queries.
Performance level, audited invoice and requested retrieval cannot be clearly linked.
External processing times are missing in the project calendar, although the payment date is already fixed.
Substantial changes in costs, schedules or schedules may require re-examination or formal approval.
If the credit has been effectively concluded, the payout requirements applicable to the call have been fully proven and released and a call has been made in accordance with the contract. What conditions apply determines the specific financing.
No. A credit decision may contain terms and conditions. Even after signing the contract, capital flows only after fulfillment of the agreed payment requirements.
In the case of real estate developments, the required building permit may be a prerequisite for a loan decision, initial payment or a specific construction call. Alternate Immobilien arranges land financing exclusively for projects with existing building permits.
Frequently, a priority or pro rata equity investment is agreed. Decisive are credit agreement and call logic. Amount, origin, payment and use of funds must be proven in the required form.
No. In particular, MaBV regulates the conditions under which a property developer may receive assets from acquirers. The payment of the project loan depends on the loan agreement. However, both cash flows must fit together in liquidity and exemption logic.
Typical are request for retrieval, proof of invoice and payment, building status or expert report, current cost and liquidity status, residual costs, reserve and, where applicable, sales and covenant proof.
With a true-to-speak closing tracker, clear responsible persons, early planned external processing times, consistent document statuses and sufficient buffer before purchase price or billing due.
Only the lender can confirm the contractual fulfilment. A general checklist helps with preparation, but it does not replace a loan agreement or formal release and is not a withdrawal commitment.
Submit project phase, capital requirements, own funds and schedule. Alternate Capital classifies the starting situation and takes into account the path from investor contact to disbursement.