Joint Development Agreement
Joint Development Agreements for Landowners and Developers
One party has the land. The other has the capital and the capability. The agreement decides who carries which risk, and who gets paid when.
- Advocates & Solicitors
- Offices in Kuala Lumpur & Johor Bahru
- Confidential, no obligation
Real lawyers, one team behind every matter
Who this is for
Sound familiar?
Landowners contributing land to a development project
Developers acquiring development rights over land they do not own
State subsidiaries and statutory bodies developing land holdings
Parties structuring a development as a joint venture rather than a sale
Landowners reviewing a developer's proposed agreement before signing
What's at stake
What is really at stake
- 01The landowner wants value from land they cannot develop.The developer wants a site without buying it. On paper the fit is obvious, and the discussion moves quickly to the split.
- 02What moves slowly is everything underneath.Who funds the approvals. What happens if the authority refuses. Who takes the cost overrun. Whether the landowner's entitlement is a percentage of units, of revenue, or of profit — and who calculates it.
- 03Development runs for years.A one-page understanding does not survive the first delay, and by then the land is encumbered and neither side can easily walk away.
In plain words
Joint Development Agreement
A joint development agreement sets out how land is developed by a party who does not own it — the entitlement split and how it is calculated, funding obligations, approval responsibility, the development timeline and its consequences, security for the landowner, default and termination, and what happens to the land if the project fails.
What good looks like
Imagine a landowner whose entitlement is secured and calculable, and a developer with clear rights to proceed and a defined approvals pathway. Both sides can point to the clause that answers each question as it arises, and the project keeps moving.
What you get
What we deliver
Scope and fee are agreed in writing before any work starts, so you know exactly what you are getting.
- 01
Structuring advice comparing joint development, development rights and joint venture
- 02
Title, encumbrance and approval position review
- 03
Drafted joint development agreement with a defined entitlement mechanism
- 04
Security for the landowner and default provisions on both sides
- 05
Approvals, funding, timeline and termination provisions
How we work
Clear from the first conversation
- 1
Send a short request
Tell us what the matter is about. It takes under a minute and stays confidential.
- 2
Khalis sets a time with you
We reply within 30 minutes in office hours to arrange your consultation, online or at our KL or JB office.
- 3
Advice, then a written proposal
You get a clear view of the issues and options, then a written scope and fee proposal.
- 4
Work begins on the agreed scope
Khalis leads the matter with a team of our lawyers, working to the scope you approved. You get regular updates at every key step.
Who leads your matter
Led by Nur Khalis Johar Amin, supported by our team
Khalis leads your matter as Partner. Depending on the work, other lawyers in our team handle parts of it day to day, with Khalis overseeing the matter.
Nur Khalis Johar Amin
Partner, Messrs Akmal Saufi & Co
- Advocate & Solicitor, Malaysia
- Leads our Conveyancing & Corporate Commercial team
- Focus: corporate real estate, property transactions and land matters
The team behind your matter
Meet the team →Who we have acted for
Organisations we have acted for
Federal government agencies & statutory bodies
Johor state bodies & local authorities
Government-linked companies
Private sector & NGOs
Shown with permission. Government agencies, statutory bodies and government-linked companies are identified as such. Their inclusion does not imply endorsement by any government, ministry or agency.
Next step
Request a consultation with Khalis
- 1Send a short request. It takes under a minute.
- 2Khalis reviews it and arranges a time with you.
- 3You get clear advice, then a written scope and fee proposal.
We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm
Your details stay confidential. Sending a request does not mean you have appointed us.
- Licensed advocates & solicitors
- Professional indemnity insured
- Offices in KL & JB
Questions
Frequently asked questions
Still unsure? Send a short request and Khalis will tell you plainly whether and how we can help.
How is the landowner's entitlement usually calculated?
What if approvals are refused?
How is a joint development different from a development rights agreement?
Can the landowner secure their position on the title?
We are a statutory body developing state land. Does this apply?
What is Legal That Works?
What if I’m not sure what legal service I need?
Who will be helping me?
Before you sign
The cost of waiting
Once the land is encumbered in the developer's favour, the landowner's negotiating position is largely spent. The protections have to be in the original agreement.
We reply within 30 minutes · Mon–Fri, 8:30am–5:30pm
