Posted on July 4, 2016 by adminLast updatedJuly 4, 2016

PE investments in real estate decline 42% in first half of 2016

PE funds channelled $954 million into realty projects in Jan-Jun, compared to $1.66 billion in the same period in 2015

Despite the falling numbers, the outlook for this year, especially in the office sector, is positive with two of the biggest PE investments in the Indian office space totalling $3 billion in the works.

Private equity (PE) investments in Indian real estate dropped 42% in the six months ended 30 June from a year earlier, as the supply of quality new projects dried up because of a persistent slowdown in home sales.

PE funds invested about $954 million in real estate projects from January to June this year, compared to $1.66 billion in the same period in 2015, according to data by investment-tracker VCCEdge and Mint research.

Large builders have stayed away from starting new housing projects, resulting in a lot of capital chasing a few good quality projects and pushing fund managers to look for refinancing.

“The number of deals has slowed down because there are not many project launches and developers primarily need money to finish projects or refinance loans,” said Diwakar Rana, managing director, capital markets, India, Cushman & Wakefield, a property advisory. “It is a situation where investors are ready to write large cheques but there are not many opportunities available.”

The outlook for 2016, particularly in the office sector, is positive with two of the biggest private equity investments in office space in India totalling $3 billion in the works. Canada’s Brookfield Asset Management Inc. is at an advanced stage of investing $1 billion to buy out 4.5 million office and retail assets of Hiranandani Developers Pvt. Ltd in the Mumbai suburb of Powai and DLF is in the process of selling a 40% stake in its rental assets arm to private equity investors raise about $2 billion.

The two biggest deals this year were in the retail sector. Blackstone Group Lp agreed to buy 1 million sq. ft of retail space in L&T Realty Ltd’s Seawoods project in Navi Mumbai for Rs.1,450 crore and sovereign wealth fund GIC Pte Ltd is buying a 49% stake in Viviana mall in the Thane area, near Mumbai, at an enterprise value of about Rs.1,300 crore. The actual investment by GIC couldn’t be ascertained.

Blackstone also invested Rs.470 crore to fund Bengaluru-based Salarpuria Sattva Group’s 6.6 million sq. ft under-construction and partly leased project in Hyderabad, its first investment in the city.

Among domestic funds, Piramal Fund Management Pvt. Ltd invested Rs.425 crore in a central Mumbai project, Lodha Azzuro, constructed by Lodha Developers Pvt. Ltd through the structured debt route, marking the first deal between the country’s largest developer and one of the largest real estate investors in the country.

Piramal, which has been wary of the National Capital Region, invested Rs.200 crore in two projects of the Prateek Group in Noida. “We have been doing different deals, mostly with developers with whom we already have existing relationships. We are adding new customers, but the pace is slow and this is because big developers have mostly slowed down on new projects,” said Khushru Jijina, managing director, Piramal Fund Management.

The nature of investments in real estate is mostly in the form of debt and structured debt, with very little growth capital available from investors, who aren’t willing to take much risk.

In residential, it is actually the same inventory of projects that are getting financed and refinanced with little fresh stock coming in.

“Debt can only work to an extent. Leveraging beyond a limit doesn’t make sense, unless there is enough cash flow cover. On-ground project activity has still not taken off, leading to weak cash flows, and fundamentally, the developer’s business needs to generate cash to encourage external investors to participate,” said Shashank Jain, partner, transaction services, PricewaterhouseCoopers India.

Despite the three-year slowdown, investors are seeing recovery in some micro-markets.

ASK Property Advisors, which has mostly done pure equity deals, is planning to raise a new structured equity fund this year. “There is demand for money which is patient, at a price which is risk-adjusted, and offers flexibility. Today, developers are busy servicing loans on a quarterly basis, putting pressure on their projects and construction pace. We want to give them that breathing time, so they can finish their projects, and then give us a profit share,” said Sunil Rohokale, chief executive and managing director of ASK Group.

ASK Group will invest from its Rs.1375 crore equity fund, some foreign money it has previously raised and a structured equity fund it will raise this year.

Posted on July 2, 2016 by adminLast updatedJuly 2, 2016

Delhi HC ruling on service tax a precedent for home buyers

There has been a lot of confusion over the recent ruling of the Delhi High Court which held that service tax cannot be levied on the purchase of under-construction flats. Does this judgement apply to home buyers across the country? We examine the implications of the ruling

In a recent judgment,the Delhi High Court has held that service tax cannot be levied on the purchase of under-construction flats. Presently, service tax of 15% is levied on 25% of the consideration value.

The case

Suresh Bansal had entered into an agreement with a builder, to buy flats in a group housing project, being developed in Noida, Uttar Pradesh. The builder recovered service tax from Bansal, for services in relation to ‘construction of the complex’ and on ‘preferential location charges’. Bansal challenged the levy on the grounds that the parliament does not have the legislative competence, to levy service tax on purchase of immovable property and as such, there is no machinery provision for determining the value of the service portion. He also challenged that preferential location charges do not amount to a service and hence, service tax cannot be charged on it.

What the court said

While upholding the centre’s competency to levy service tax, the court held that “A developer, directly or through a sub-contractor, carries out myriad activities for construction of a complex, which, apart from construction of buildings, also involves planning, preparation of a layout, development of land, construction of sewer lines, development of infrastructure for supply of electricity and water, etc. In such cases, it cannot be disputed that no services are rendered by the builder.

“However, indisputably, the arrangement between the buyer and the builder is a composite one, which involves not only the element of services but also goods and immovable property. Thus, while the legislative competence of the parliament, to tax the element of service involved cannot be disputed but the levy itself would fail, if it does not provide for a mechanism to ascertain the value of the services component, which is the subject of the levy.”

In the present case, the value of 25% determining the service component, finds its genesis in a 2012 CBEC notification. The court noted that this value cannot be used as a substitute for the lack of statutory provisions towards ascertaining the actual value of services involved.

With respect to the preferential location charges, the Court held that “These charges are charged by the builder, based on the preferences of its customers. They are, in one sense, a measure of the additional value that a customer derives from acquiring a particular unit.”

Consequently, the court ruled that it can be subjected to service tax.

What the service tax judgement means

While upholding the parliament’s competency to levy service tax on the purchase of immovable property, this judgment holds that the law as it stands today, does not clearly spell out the consideration paid for the services that one avails, while purchasing an immovable property from a developer. Due to this lacuna in the current legislative framework, service tax cannot be levied or collected by the developers.

The machinery provision, for computation of the service element, must be provided in the act or the rules.

The operation of this judgment will be limited, as it is binding on all the courts falling under the jurisdiction of the Delhi High Court. As this judgment is contrary to the view held by the high courts in Mumbai and Karnataka, the judgment rendered by those courts, will be operational within their jurisdiction.

Nevertheless, the Delhi HC’s ruling, may have a persuasive value before other courts across India.

As builders have been collecting service taxes, the contrary views of various high courts are likely to cause a series of disputes, between government departments, builders and property buyers, resulting in plethora of litigation. The latest judgment is also likely to cause significant revenue loss, for the centre. Hence, we can expect an amendment to the act itself, to remedy this lacuna, or a challenge before the Supreme Court along with a plea, seeking an ad-interim stay on the operation of this judgment.

 

Posted on June 30, 2016 by adminLast updatedJune 30, 2016

Real estate stocks gain as Cabinet set clear pay panel award

With the implementation of the 7th Pay Commission, voices are becoming louder that the real estate sector could gain from rise in salaries and pensions of the central government employees. The news may further boost real estate stocks which are already outperforming benchmark indices since the beginning of the ongoing financial year 2016-17.

The committee of secretaries tasked with reviewing the recommendations has given its report and the total outgo if the award, to be implemented from January 1, 2016, is pegged at Rs 1.02 lakh crore, which can work like a stimulus package for the economy, boosting consumer demand.

Reports of good progress of monsoon, which has already covered half of the country with normal rainfall, also raised hope of a drop in inflation, which can lead the central bank to cut interest rates further. Realty demand tends to rise in a low interest rate environment.

The sentiment were also perked up due to new draft rules unveiled by the government that showed developers may have to pay 11.2 per cent interest to buyers for delay in handing over apartments and homes.

Realtors’ two apex associations CREDAI and NAREDCO said the sector would also benefit from approval to a model law that allows shops, malls and cinema halls, among other establishments, to run 24×7 throughout the year. “It’s a very good decision. Hopefully it will lead to wise investment by the government staff for buying homes,” NAREDCO Chairman Rajeev Talwar said, commenting on approval for 7th Pay Commission recommendations.

JLL India Chairman and Country Head Anuj Puri said the retail sector accounts for about 15 per cent of the country’s GDP and this is expected to increase further with round-the- clock operations.

Shares of UnitechBSE 1.42 % closed 7.38 per cent higher, that of HDILBSE 3.12 % 3.01 per cent, Sobha DevelopersBSE 2.41 % 3.17 per cent and Oberoi RealtyBSE 0.59 % 1.03 per cent.

Industry leader DLF closed 7.86 per cent after reports that promoters KP Singh and family have decided to make the real estate company debt free by purchasing shares through a Rs 10,000 crore preferential issue. All the constituents of the BSE Realty index were trading in the green, with the index itself surging 4.30 per cent.

“This Act will have to be implemented by states. Once they have implemented it, offline retailers operating in those states will stand to benefit hugely as the Act brings them on a level-playing field with online retailers.”

 

 

 

Posted on June 29, 2016 by adminLast updatedJune 29, 2016

15% Cut In Circle Rate To Boost Gurgaon Real Estate

Circle rates have been slashed by 15% in Gurgaon effective Tuesday, a move that is expected to provide much needed boost to the sluggish real estate market.

This is the first time that circle rates have been slashed in the corporate hub. In the previous two financial years, circle rates were left unchanged but it failed to lift buyer sentiment. The district administration had mooted the proposal to cut rates and had sent it to the state government for approval.

A committee headed by deputy commissioner T L Satyaprakash proposed the cut to bring circle rates in line with prevailing market rates. Higher circle rates were hurting the market badly because all taxes have to be paid on the basis of circle rates. So, even if someone sells his flat at a rate lower than the circle rate, he will have to pay capital gains tax at the prevailing circle rate. The same applies to buyers who have to fork out more for stamp duty even when the actual sale price is lower than the circle rate. As a result, many chose not to buy or sell. Monday’s Haryana government notification is aimed to pull the market out of this inertia.

Satyaprakash said market rates had gone down over a period but the collector rates were still high in most areas, thus causing a dip in the number of registries. The new rate list is now available on the official Gurgaon administration website, he added.

Post the cut, circle rates for some prime residential areas like DLF Phase 1 and Sushant Lok will come down from Rs 77,000 per sq yard to Rs 65,450. Similarly, for DLF Phases 2, 4 and 5, it will drop from Rs 72,000 a sq yard to Rs 61,200.

“A drop in circle rates is directly proportional to decrease in property prices, and as property prices fall, the demand for the property plays an inverse relation. Falling property prices help in attracting end users more than investors, and it is crucial for Gurgaon’s realty sector to revive. The infrastructure is very sound and now with prices lowered, we’ll witness the comeback of buyers”, says Kushagr Ansal, Director, Ansal Housing.

The rate, however, will be different for land which has seen change of land use (CLU). For a residential plotted colony, three times the agriculture collector rate will apply. For residential group housing, it will be four times the agriculture collector rate, and, for commercial, five times the agriculture collector rate. Similarly, land less than 1,000 square yards will be treated as residential for stamp duty collection and areas less than 25 square – 225 sq ft or just big enough for a shop will be treated as commercial.

Developers are confident investor sentiment will significantly improve with the rate cut. “This will reduce the overall cost as these rates are the basis for tax calculations,” said Navin Raheja of Raheja Developers and added that this is a good move as property prices have dropped over the past couple of years, creating a gap between the transaction value and circle rates.

 

 

 

Posted on June 28, 2016 by adminLast updatedJune 28, 2016

Is FDI relaxation aimed at attracting investment in smart cities?

Narendra Modi’s pet project of creating ‘smart cities’, is likely to benefit from the government’s relaxation of FDI regulations and attract a major share of the FDI inflow

 

Posted on June 27, 2016 by adminLast updatedJune 27, 2016

Will the warranty clause in the Real Estate Act bring relief to home buyers?

The Real Estate Act provides a defect liability (warranty) clause of five years. The moot question for home buyers now is: Will this mean better quality of construction or merely result in higher prices?

Developers welcome the provision

Under the Real Estate Bill’s Clause 14 (3), the defect liability period has been set at five years. Consequently, home buyers are asking whether this clause actually translates into a warranty. Developers are also not complaining about the clause. They feel that this provisions will be a market differentiator, in a business where the non-serious players outnumber the branded developers.

A five-year defect liability period, is a positive step. Customers are extremely happy to have a warranty, as it assures them of the product’s quality. More importantly, in the event of any problem, there is an assurance that the developer will fix the problem.

Safeguarding home buyers’ interests

When the real estate sector was largely unorganised, the defect liability period varied between developers as well as states and was usually two years. The Real Estate (Regulation and Development) Bill, 2016, now eliminates this anomaly and offers a fixed liability period of five years, with Clause 14(3) acting as a warranty.

“Warranties will make buyers and investors feel secure, as it makes it mandatory for developers to rectify any construction defects that may be noticed, even after possession has been handed over”.

In international markets, such warranties have served to boost developers’ reputation for transparency and adherence to best practices. Such warranties are bound to be equally successful in India over the long term, because they will institutionalize accountability and boost transparency in the realty sector.

Impact on real estate prices

In the international context, the defect liability period varies from country to country. It is as high as 10 years, in countries where the contractor liability and legal dispute redressals are efficient and robust. In India, with warranties in place, developers are likely to improve their construction quality, to avoid higher cost overruns that additional repairs at a later stage would entail.

This also raises a question, as to whether buyers will be willing to pay a premium on properties that come with stronger warranties. Analysts believe that once systems and processes that boost home buyers’ trust are put in place, then, buyers will not mind paying a premium for properties with warranties. In the absence of warranties, buyers have been the victims so far, forced to undertake repairs at their own cost in case of any defect in construction.

Posted on June 22, 2016 by adminLast updatedJune 27, 2016

Finance Act 2016: Tax advantages for home buy and lease paid

The finance bill, was presented in the parliament on February, 29, 2016. It became a law, after receiving the president’s assent, from May 14, 2016. This Finance Act 2016, has certain provisions, which will benefit individual tax payers, with regard to home loan interest and rent paid.

 

Extension of time for completion of construction

Until now, a tax payer, who borrowed money for an under-construction property for his own residence, was eligible to claim Rs two lakhs, beginning from the year in which construction was completed and possession taken. However, to claim this tax benefit on interest u/s 24(b), construction of the house was required to be completed within three years, from the end of the financial year in which the money was borrowed, failing which, the entitlement for interest for booking an under-construction property used for self-occupation was reduced to Rs 30,000.

Owing to rampant delays in construction and handing over possession by developers, beyond the three years, many tax payers were unable to avail of the full benefits. To mitigate such hardship to tax payers, the period for completion of construction, has been extended to five years, from three years.

 

Additional benefit for interest on home loan taken by a first-time home buyer

Under section 80EE, an individual who borrows money for the purpose of buying a house, will get an additional deduction of Rs 50,000 from his income, if certain conditions are satisfied.

The first condition for claiming this benefit, is that the individual tax payer should not own any house on the date on which the home loan is sanctioned. Secondly, the amount of home loan should not exceed Rs 35 lakhs, for a house which does not cost more than Rs 50 lakhs. Moreover, the loan should be sanctioned between April 1, 2016 and March 31, 2017.

This additional deduction of Rs 50,000 is available in respect of an under-construction property, even during its construction period, because the provision does not require that the construction of the house for which the loan is taken should be completed, unlike section 24(b) where you can start claiming the interest deduction, only from the year in which the construction is completed.

This will be useful, for people who are buying a property for self-use and where the maximum allowable interest is restricted to Rs 2 lakhs, including the pre-EMI interest which you can claim in five equal annual installments, beginning from the year of completion of construction.

 

Enhanced tax benefits for rent paid

Section 80GG provides for tax relief to individuals who are salaried and are not in receipt of any house rent allowance (HRA) from their employers, or are self-employed, with respect to the rent paid for any accommodation occupied by them. The deduction is allowed, only if the tax payer, or the spouse, or minor child, do not own any residential accommodation in the place where he ordinarily resides. Moreover, the tax payer should not own a residential house at any other place, which is treated as self-occupied for tax purposes.

The amount of deduction available, is the excess of rent paid over 10% of total income, subject to 25% of the total income. Earlier, the deduction was restricted to Rs 2,000 per month. This low limit failed to provide any major benefit for the tax payers, who were paying huge amounts as rent. The Finance Act 2016, has raised the ceiling from Rs 2,000 per month to Rs 5,000 per month.

 

Posted on June 21, 2016 by adminLast updatedJune 22, 2016

Real Estate Trends to Watch Out For in 2016 – An Overview by Rxprt

TREND 1: Women’s Influence Is Growing In Real Estate Ownership

Another very interesting fact in the 2015 real estate scene has been the growing influence of the woman buyer, both as an individual and as the active participant in joint ownership. With success in her profession and exposure to various knowledge and informative mediums, more women are interested in calling the shots while buying property too.  As more single working women are moving out of their family home to lead an independent life, to learn the tricks of management at a personal level. The married woman, whether working or not, is an equally resolute partner in choosing and finalizing the dream home. A very positive development indeed.

TREND 2: Vastu and Feng Shui is making a Comeback

With time, many things change like fashion, lifestyle, music, and then certain things make a comeback too like some customs. Right now it’s the comeback of Vastu. Real estate developers are promoting their projects as Vastu compliant, not just residential but commercial ones too. And the buyers are also actively scouting for Vastu compliant properties. Whether this is based on true faith or simply a fad, only time can tell. But one thing is true that these principles based on mathematics, physics and astronomy do hold true. After all, there is nothing wrong in following good things to welcome positive energy and wellness in one’s home and life!

TREND 3: NRI interest in Indian property is rising 

The much sought after NRI is also a darling of the Indian real estate sector. Every NRI worth his dollar/ pound/ dirham wants to own a property in ‘Mera Bharat Mahan’. And this is the perfect time to do it. With up to 20% lower property rates even in top metropolitan cities like Mumbai and Delhi according to recent estimates, an average NRI has tried and succeeded in buying a lucrative property.

The Top 5 Global cities from where maximum NRI interest in Indian property were:

1) Dubai
2) Muscat
3) London
4) Singapore
5) Riyadh

The Top 5 Indian cities eliciting maximum project interest from NRIs were:

1) Mumbai
2) Pune
3) Bengaluru
4) Hyderabad
5) Chennai

With the demand for both commercial and residential space heading north, smart NRIs should take this opportunity to invest in either or both kinds of spaces to reap a good return.

TREND 4: Government Support Is Increasing For Real Estate Reforms

Last but definitely not the least, the kind of push the Reserve Bank of India and Government has given to the real estate sector in 2015, is almost heaven sent. Lowering of basis points, the ease in FDI policy, and the introduction of smart cities are just some of the decisive factors that will give a boost in the arm to real estate sector. Buyers are being enticed with all kinds of freebies to make them invest. But please don’t invest blindly. Check, check and again check on the builder, the properties and the location. Do check on the legal papers before putting your hard earned money at stake.

We hope these trends have made you more up to date on the market scenario and  role in helping you find your home in 2016. Happy Home Buying!