Article 6 Development agreements
(1)
A construction contract is excluded from the operation of Part II if it is a development agreement, within the meaning given below.
(2)
A contract is a development agreement if it includes provision for the grant or disposal of a relevant interest in the land on which take place the principal construction operations to which the contract relates.
(3)
In paragraph (2) above, a relevant interest in land means–
(a)
ownership; or
(b)
a tenant’s interest under a lease for a period which is to expire no earlier than 12 months after the completion of the construction operations under the contract.