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Legal Definitions - building loan
Definition of building loan
A building loan is a type of financing specifically designed to fund the construction of a new property or a significant renovation of an existing one. Unlike a traditional mortgage, where the full loan amount is disbursed at closing, a building loan typically releases funds in stages as construction progresses. These disbursements, often called "draws," are usually tied to specific milestones, such as the completion of the foundation, framing, or roofing, and are often contingent on inspections to ensure work is completed satisfactorily. Once construction is finished, the building loan often converts into a permanent mortgage.
Here are some examples to illustrate how a building loan works:
Example 1: Custom Home Construction
A couple decides to build their dream custom home on a plot of land they own. They secure a building loan from a bank. The bank doesn't give them the entire loan amount upfront. Instead, they receive an initial draw to pour the foundation. After an inspection confirms the foundation is complete and up to code, the bank releases the next draw for framing. This process continues through various stages like plumbing, electrical, roofing, and interior finishes. Once the house is fully built and passes final inspections, the building loan converts into a standard 30-year mortgage, which the couple then begins to repay monthly.
This illustrates a building loan because the funds are disbursed incrementally based on the progress of the home's construction, rather than as a single lump sum.
Example 2: Commercial Office Building Development
A real estate developer plans to construct a new multi-story office building in a growing business district. To finance this large-scale project, the developer obtains a building loan from a commercial lender. The loan agreement outlines a schedule of draws tied to major construction phases, such as site preparation, erection of the structural steel, installation of the exterior facade, and completion of interior tenant spaces. Each draw is released only after the developer submits proof of completed work and the lender's construction monitor verifies the progress on site. Upon the building's certificate of occupancy, the building loan is either paid off by a separate permanent financing package or converts into a long-term commercial mortgage.
This demonstrates a building loan in a commercial context, showing how large projects are funded through phased releases of capital as construction milestones are met.
Example 3: Major Home Renovation and Addition
A family wants to add a second story to their existing single-story home and undertake a complete kitchen remodel. Because the project is extensive and costly, they apply for a building loan. The lender structures the loan to release funds as the addition's foundation is laid, the new framing goes up, the roof is installed, and then for interior work like new cabinetry and appliance installation in the kitchen. An appraiser or inspector visits at each stage to confirm the work has been completed according to the approved plans before the next payment is made to the contractor.
This example highlights how a building loan can also finance significant renovations or additions to existing structures, with funds disbursed in stages as the project progresses.
Simple Definition
A building loan is a type of financing specifically provided to fund the construction of a new building or a significant renovation project. Unlike a traditional mortgage, the funds are typically disbursed in installments, or "draws," as specific stages of construction are completed and inspected.