P RO PE RTY IN PE RSPE C TIV E issue 5 spring 2009 Credit crisis to economic crisis > 1 Asset Management third parties >13 Paris office market update > 5 Regulation Dutch fund sector >14 Changes in Portfolio >16 Update on US apartment markets > 9 From credit crisis to economic crisis – How will real estate do? The knock-on effects of the credit crisis on the global real economy have deepened significantly since Q4 2008. The most significant risk for now seems to be an adverse loop between the financial system and the real economy or, in simple terms, a systemic crisis. Up to now, it seems that the vast majority of the actions taken by governments and central banks have been (i) to minimise the systemic risk in the global financial system and (ii) to introduce Keynes-like measures whereby governments try to keep the economy going with infrastructural, sustainability and education projects (economic steroids). In the meantime, downward value adjustments of toxic assets on banks’ ba­ lance sheets have been going hand in hand with capital injections by national governments. It seems that no one at any government level is really calling for a full write off of all troubled balance sheet items in one go, because they realise that such write-downs would lead to the virtual bankruptcy of banks right away. Instead, new routes are being sought to get toxic assets off banks’ balance sheets and, at the same time, stay away from transfer pricing on these assets so that tax payers’ money is not wasted on poor assets at high prices. This will be the challenge for the period to come. Until balance sheets have been entirely cleaned up, confidence will remain shaky and bank financing unavai­ lable to businesses and private individuals. It seems that even the US is considering typical European-style steps like the nationalisation of banks in order to regain confidence. By US standards, there is little closer to communism than nationalisation. Global financial problems have made international relations between individual countries overly clear. The US is the centre of the current spring 2009 financial hurricane, with the effects of the decline in the US residential market infecting US consumer spending, the global financial system and consequently, global consumer spen­ ding. We have tried to sum up the most striking myths of the past couple of years that have now all been debunked (without suggesting that we did not believe in some of these statements at some stage): •• The wall of money still exists; •• The euro is a safe haven in times of crisis; •• Asia is an economic centre on its own, which is hardly affected by outside influences; •• The US trade and budget deficit is nothing to worry about. a number of interesting m y th s i n th e r e al e s tat e i n d u s t ry s e e m t o h a v e back f i r e d as w e l l : •• Everyone can be successful in real estate and real estate shows stable returns; •• Open-ended investment structures provide liquidity when you need it; •• Alignment of interest between the Investor and Real Estate Manager is not of great importance; •• Gearing increases returns without changing the risk profile. It is easy to be cynical in these markets, but we believe that is not the right attitude to get through these difficult times. It all comes down to being pro-active, making sure that the major 1 pitfalls are circumvented, not losing your head or your confidence, not making long-term plans beyond 6 months and staying in touch with your investors, tenants and financiers. We are often asked how the current global trends will affect the real estate industry in the long-term and what current market trends imply for the timing of making new real estate investments. Our answer is as follows: the g lo b a l d e l e v e r a g i n g curre ntly tak i ng p l ace leads u s t o t h e f o l lo w i n g concl u s i o n s : •• All capital intensive industries like banks, insurance companies, pension funds, leasing companies (cars, planes etc.), hedge funds, money market funds, private equity funds, real estate investment companies and real estate development companies will require asset sales in order to stay solvent…; •• …leading to a situation in which market reco­ very can only be slow instead of quick as ba­ lance sheet trouble in the capital industry is of tremendous proportions…; •• …radical changes to business models of many capital intensive companies are also needed Graph 1: Inflation rates in the US, Europe and Asia Europe Asia US 7% 6% Inflation rates 5% 4% 3% 2% 1% 0% 2004 2005 2006 2007 2008 2009 as many sources of revenue have nearly disappeared...; •• …which in turn will lead to consolidation between players in almost the entire capital intensive industry…; •• …and the market will operate with less leve­ rage in the future…; •• …at least until the next bubble comes along sometime in the future. As has been said, being cynical does not help anyone, as positive things should arise from this crisis as well. There simply must be positive things…and there are already some positive signs on the horizon. These signs are not telling us that the worst is behind us, but they are tel­ ling us two things: (i) that most investors are no longer able to postpone sale of (some) assets, resulting in the start of substantial repricing of the market and (ii) that we will probably have a better understanding of what stage of the downturn in the global economy we are in by the second half of 2009. This would already be a tremendous improvement compared to the vacuum we are currently in. The positive things we see happening are: •• The US is undeniably the centre of the current global downturn, and will arguably be in financial distress for a prolonged period on a national, regional, company and consumer level …; •• …but the sound demographics of the US are still intact and an improvement of the situation in the US will trickle through to the rest of the world in time…; •• … simple metrics like the monthly cost of house rents in comparison to the cost of house ownership seem to be providing for a bottom in the US residential market…; •• … which is already moving US renters back to buying homes in US cities that have seen the biggest hits…; •• …which in turn will give US consumers some of their confidence back once this becomes a market trend…; •• …and even Asia has learned that it is depen­ dent on the US economics, which will force all the continents to work together in order to solve the problems…; Source: Global Property Research, Datastream 2 property in perspective Currency clockwork •• …and at the same time all the globally implemented national stimulus packages/steroids will at some stage turn the current deflatio­ nary trend into an inflationary trend again…; •• …implying that overgearing of the entire capital-intensive industry will gradually linger due to rising inflationary trends…; •• …and even real estate as an asset class will become interesting again relative to liquid asset classes like equities and bonds as real estate tends to perform better in an inflationary environment, even if economic growth remains subdued for some time...; •• …resulting in a number of new key driving factors since relative pricing is of no importance at all anymore (the fact that a property is 25% cheaper than last year does not really tell you anything) and absolute return requirements will become key again…; •• … and last but not least, acquisition prices can only be measured by comparing the acquisition price of a property to its replacement cost (which is the cost of building the same property from scratch), which has happened in previous crises as well. in what wa y w i l l r e a l estat e c h ang e ? 1 Real estate will return to its ancient characteristics (who still remembers them?) Real estate as an asset class will return to its historic characteristics of being an asset class driven by a stable and generous cash flow, which should again be in line with the specific risk profile of the assets. What we mean is that no one will be able to underwrite deals anymore on the assumption of continuously rising rents, continuously declining net yields, resulting in real estate investments that hardly provide for any cash return anymore. In other words, operational cash returns will become of more importance than capital gains once again. 2 Core real estate will be preferred by institutions Core real estate investments will become popular again at the expense of value added (redevelopment of assets) and opportunistic (development of new assets) real estate investments. This will be especially true for large institutional investors like pension funds, endowments and insurance compa- Figure 1: National stimulus packages Large Stimulus Plan Modest Stimulus Plan Small Stimulus Plan Source: Brookings spring 2009 3 nies. All of these institutions need to recover their balance sheet ratios for a period of years and therefore simply need low risk investment portfolios generating high, sustainable cash returns. Their demand for core real estate will therefore increase again substantially after years in which core investments were least preferred and were accused of being unsexy and uncool. 3 Limited partner due diligence is a new field of excellence Until the market faces reco­very, investors will face trouble in their investment portfolios. Until then, investors will focus their attention on limited partner due diligence in both existing as well as new investments. An investor that seemed safe and sound three years ago might be weak and insolvent now. This could lead to a situation in which formerly renowned investors consider defaulting on capital calls and look at ways of putting their stake in an existing fund up for sale in the secondary market. An interesting anecdote in this respect is that rumours in the market are that Calpers (amongst the three largest pension funds in the world) might default on capital calls in their existing funds, which is a sign of the times. We have heard some institutions indicate that they might shift their focus away from closed-end funds with several limited partners towards single investor mandates in order to make sure that limited partner risk is no longer an issue in future investment programmes. 4 HNW investors will lead the way once again Due to the weak position of institutions, High New Worth Investors and family offices acting on behalf of high end private money rather than institutional investors will become the first to try to benefit from the opportunities that the real estate market is undoubtedly going to offer. This is exactly what happened in the recovery of the savings and loans crisis in the early 90s. Institutions will lag behind in the recovery phase. 4 5 Views on leverage will change totally The more leverage the better was the motto in recent years. It now seems that investors have come to realise the detrimental effects of too high leverage, which seems to have come to some as a shock. We are already hearing investors telling us that they are now consi­ dering only investing in new real estate funds with only 0 – 30% leverage, whereas, until 12 months ago, the same investors told us that 60% leverage was too low. We believe that the market view on which leverage levels are considered to be conservative is going to undershoot in the period to come. It will take some time, but this will normalise again over time as well. How much time is hard to tell. we have summed up our r e co m m e nd ati o ns to investors on how to b e n e f i t f ro m c u r r e n t m ar k e t co nd i ti o ns : 1 Local demographic, economic developments and acquisition prices will determine future returns. 2 Absolute returns and acquisition price versus replacement cost are the determining factor. 3 Track-record of the real estate Manager and control over investments are crucial. 4 Invest in newly set-up funds instead of taking over stakes in existing funds, as existing funds have existing problems. 5 Be prepared to invest on an all-equity basis, as refinancing can be done at later stage. property in perspective Odyssée building, Paris- Massy, France Paris office market update The Greater Paris, or Ile-de-France (‘IdF’), office market is currently suffering from similar problems to many other major markets around the world. Last year saw weakening investor demand for office buildings and consequently rising yields. On the back of slowing Gross Domestic Product (GDP) growth, rents have started on a downward trend since mid 2008. Gross take-up, a measure of leasing activity, is expected to decrease significantly. As a result, some investors have drawn the conclusion that the IdF office market should be avoided altogether. We will take a closer look here at the dynamics and unique characteristics of the IdF office market to assess how bad gross take-up is likely to be during the next few years. In addition, we will comment on why we believe IdF deserves a second look, unlike some of the other major markets in the current environment. The slowdown in the global economy has resulted in a decrease in domestic and foreign demand for French products and services. As a result, France’s GDP decreased from 2.1% in 2007 to 0.7% in 2008. Fewer financing possibilities, the result of the current credit crisis, are threatening French businesses’ capacity to invest and this is forcing them to downsize or file for bankruptcy. As a result, take-up in the IdF office market is expected to decrease significantly. Although we agree that take-up is most likely to decrease significantly, we also believe that because of IdF’s unique characteristics, leasing activity will remain sufficient to support investment. The IdF office market should be assessed in the light of its broader context. The area has a large population of some 11.5 million people, and is the economic, governmental and cultural centre of France. Economically, IdF is the sixth richest region in the European Union, and its GDP is nearly as large as the entire Dutch economy. The region’s office market is one of the largest in the world. Its long term vacancy rate of approximately 5% is reflective of its desirable location and a result of its being one of the most economically diversified regional economies of any metropolitan area. The IdF office market experienced its last major downturn during the early nineties. Vacancy increased from approximately 2% to 10% by 1995. By 2001 however, vacancy had already come back down to 2%. Although this implies that IdF has not been immune to violent cycles, the fact that vacancy never topped 10% during the crisis of the nineties supports the general statement that IdF is a very stable market, especially in comparison to a large number of major American office mar- spring 2009 kets, for instance, or the London or Amsterdam office market. Unique to France, office leases typically have a 9-year term, with a termination clause at the end of the 3rd and 6th year. Although landlordunfriendly, the typical relatively short term means that most tenant improvements (which most IdF tenants put in themselves) have not yet fully depreciated after the 3rd or 6th year and as such they give tenants the incentive to remain in their premises until expiration – passing up their right to terminate their lease early. In ge­ neral, it is safe to say that most occupiers remain in their premises for at least 9 years. Our experience in the market is in line with this statement – this is not to say that tenants will not try to renegotiate their lease if the economics of doing so work in their favour. Today’s difficult economic environment may cause some tenants to terminate leases a bit earlier, but in general we do not expect vacancy to increase substantially as a result. During the last few years, substantial rent indexations have caused contract rents to significantly exceed market rents. This is the result of office leases in France increasing annually by the increase in the construction costs index (INSEE), which has outpaced market rent growth during the past 9 years. An illustration of this effect is provided in graph 2. Contract rent for a tenant who signed a lease in 2001 at the then applicable market rate, has increased by approximately 4.2%/year making a total increase of 33% by 2008. Currently, contract rent exceeds market rent by over 30%. 5 Graph 2: Contracted Rent vs Market Rent Market Rent Contract Rent 430 410 Rent per sqm per year 390 370 350 330 310 290 270 250 2001 2002 2003 2004 2005 2006 2007 2008 Source: INSEE/Immostat Graph 3: Gross Take-up Period 2000 to 2008 (upper x-axis) Estimate for peroid 2009 to 2017 (lower x-axis) 4,0 3,5 3,0 Million sqm 2,5 2,0 1,5 1,0 0,5 0,0 2000 2009E 2001 2010E 2002 2011E 2003 2012E 2004 2013E 2005 2014E 2006 2015E 2007 2016E 2008 2017E Source: CBRE/The IBUS Company The 12-year period 1997–2008 saw substantial gross take-up in the IdF office market. On ave­ rage, take-up was 2.5 million square meters during this period. In our view, there is a certain 6 inevitability that a large portion of businesses that signed their leases during these years will take the opportunity during today’s downturn of reducing their total cost of housing by mo­ property in perspective Eiffel tower, Paris, France ving to a new location, especially if current landlords are not willing or able to offer substantial lease incentives. We are already spotting a trend of primarily larger occupiers (>5,000m2) star­ ting to quickly revise their corporate real estate stra­tegy in order to improve their business efficiency and profitability. One example is that of the LCL Group which has recently decided to relocate from La Défense and the Central Business District to Villejuif (part of the Eastern Inner Ring). It is typical in France that occupiers’ real estate expenses are based on the lettable area to which the common area of a building or part of it is added. Business efficiency and profitability can be significantly improved by moving to new or redeveloped premises which have a higher ratio of net usable area. The layout of newly built or redeveloped premises is more flexible, has limited loss of space and circulation area and is designed to reduce operational expenses to a minimum while meeting environmental requirements. As a result, the area that can actually be used is significantly larger than in an older building, of which there are many in the central areas of IdF, and therefore the total cost of housing can be reduced by 10% to 15%. Based on IdF’s broader context, its lease structure (terms and indexations), historical gross take-up and occupiers’ current preferences, we forecast gross take-up for the coming years as shown in figure 2. Benoit du Passage, managing director of Jones Lang Lasalle France (‘JLL France’) recently said he expects take-up in 2009 to be approximately 1.8 million sqm. As shown, our forecast implies a 25% decrease in take-up for 2009 compared to 2008 (to approximately 1.8 million sqm as well) and a further decline of 19% for 2010. For Figure 2: Map Paris IdF € 127 per sqm € 138 per sqm € 196 per sqm € 189 per sqm € 411 per sqm 285€/m2 € 258 per sqm € 529 per sqm € 412 per sqm € 318 per sqm € 220 per sqm € 392 per sqm € 206 per sqm -/- 89% to -/-19% -/- 6% to +7% € 127 per sqm +15% to + 69% € 158 per sqm +130% to + 445% Average gross annual rent in 2008 per sqm per year Source: Keops/Immostat spring 2009 7 2011, we expect a recovery in activity levels with a 25% rebound from the 2010 level. Although this re­presents a substantial decline in take-up, we feel that an average of 1.7 million sqm for the years 2009 – 2011 is sufficient to view the entire IdF office market as likely to show healthy takeup figures in the coming years. We think that recent history is a guide for the near future and a clear trend in demand flows has already emerged during the past two years. For instance, during 2008, demand for office space in the Inner Ring (in which average rent was approximately € 204 per sqm per year) increased by 122% whereas in the Paris Centre West area, for instance, of which the Central Business District is part and where rental rates are among the highest in IDF, demand has dropped by 38%. Graph 3 provides a more detailed overview of gross take-up growth during 2008 as compared to 2007 as well as year end 2008 average rental rates. cost reduction and rationalisation of their businesses and these issues are expected to move even further up the corporate agenda during 2009 and 2010”, adding that “there is a preference amongst occupiers at the moment for new developments outside the centre of Paris […].” The IdF office market has unique characteristics which clearly distinguish it from other major office markets around the world and within France. The highly diversified and very large economic base it represents provides a relatively stable environment for landlords. In addition, its dynamic character (tenants shifting from one submarket to another within the city), the result of lease structures in combination with occupiers’ preferences, provides for a continued sufficient level of leasing activity for landlords to benefit from. The eastern part of the Inner Ring as well as the Western Crescent, the western part of the Outer Ring (areas where more than half of the forecast new and redeveloped office buildings are concentrated), will continue to be attractive for tenants during the next two to three years due to the availability of affordable and efficient office space. Take-up is thus likely to continue its increase in these areas at the expense of ot­hers. Du Passage appears to generally agree with us, stating that “occupiers are being driven by 8 property in perspective Lobby of Parkside Commons, Boston MA, United States A, B & DC: an update on US apartment markets Ever since the United States’ for-sale housing market started its most recent decline, its for-rent apartment market, already in good shape, practically became the sole asset class benefiting from the decline. However, as the pace of job losses increased and monthly losses reached mindboggling heights, downside risk in the for-rent apartment market has finally increased as well. We will give a brief update on the national market and comment in more detail on those for-rent apartment markets in which we are currently active: “A”tlanta, “B”oston and Washington “DC”. After peaking in mid-2004 at 69.2%, home owner­ship in America declined to 67.5% by the end of 2008. At first, as the total number of households largely kept pace with the total housing inventory, the decline in home ownership benefited the for-rent apartment market. However, by the time the for-sale housing decline turned into a full blown crisis, the broader economy had been affected and job losses of approximately 4.4 million (and counting) since January 2008 have started to affect renter psychology and alter near-term fundamentals. Job creation is the key to a successful for-rent apartment market, as jobs are a primary driver of household formation, which in turn is the primary driver of housing demand. With job losses now more severe than during the downturn in the early eighties (-/-3.2% of total non-farm jobs now versus -/-2.4% during 1981-82), new household formation is slowing down dramatically, lowering demand for for-rent apartments. The most recent data is now capturing this decline in demand, as reflected by reported increased vacancies (+ 90 basis points since January 2008) and rare negative effective rent growth in the fourth quarter of 2008 at an annualised rate of 1.6% (the first q-o-q decline since the first quarter of 2003). It is evident that the for-rent apartment market has now joined the retail and office markets in a downwards cycle. IBUS has historically focused on for-rent apartments in three major East Coast markets, each with their own unique economic characteristics. We will comment on how these markets are holding up. Graph 4: Unemployment rates ATL Unemployment Rate BOS Unemployment Rate DC Unemployment Rate US Unemployment Rate 7,0 6,5 6,0 Unemployment rates 5,5 5,0 4,5 4,0 3,5 3,0 01-11-2008 01-12-2008 01-10-2008 01-09-2008 01-08-2008 01-07-2008 01-06-2008 01-05-2008 01-04-2008 01-03-2008 01-01-2008 01-02-2008 01-12-2007 01-11-2007 01-10-2007 01-09-2007 01-08-2007 01-07-2007 01-06-2007 01-05-2007 01-04-2007 01-03-2007 01-01-2007 01-02-2007 2,5 Source: CBRE/The IBUS Company spring 2009 9 atlanta, g a As the hub city in the Southeast, Atlanta be­ nefits from a diverse economic base and has emerged as a strong demographic growth city. Over the next five years, demographic trends are expected to remain relatively favourable, with a­verage annual increases in population of 2.52%, household formation of 2.41% and income growth of 1.40%. However, Atlanta is facing significant challenges in the current economic environment, which may make these forecasts hard to achieve. Through December 2008, the area’s unemployment rate stood at 7.6%, which already represents a significant increase of 310 basis points on a year ago. The downside risk is that near-term job creation remains negative as the recession continues, which may push the unemployment rate significantly higher still. Even though the pipeline is expected to slow by 54% in 2009, with land plentiful and relatively affordable, few barriers to entry over the years have enabled substantial development. In addition, failed for-sale condominium developments in the last few years have created a ‘shadow inventory’, placing further pressure on the for-rent apartment supply as for-sale condominiums are being converted to for-rent apartments. As a result of the above, Atlanta has seen a spike in vacancy to 10.2% in 4Q2008, compared to 8.2% a year ago. Added to that, it has seen annualised negative effective rent growth of 2.4% in the fourth quarter, as rent concessions return to the market. We expect further job cuts throughout 2009 (on top of the 91,000 jobs lost in 2008) which will cause vacancies to rise further and effective rent growth to turn more negative in the near term. Atlanta’s diversified economic base has its benefits, but the lack of significant exposure to growth industries makes the city a follower rather than a leader in terms of job creation. With unemployment in Atlanta closely mirro­ ring national trends in the last year, we believe it is likely that Atlanta will undergo strain for some time to come. Based on the above-mentioned dynamics of the area, its local economy and where the area is today in terms of vacancy and effective rents, we expect Atlanta to recover more slowly than our other areas of focus and thus represent less of an opportunity for investment in the short to medium term. Graph 5: Vacancy rates Atlanta Boston District of Columbia US 11% 10% 9% Vacancy rates 8% 7% 6% 5% 4% 3% 06Q1 06Q2 06Q3 06Q4 07Q1 07Q2 07Q3 07Q4 08Q1 08Q2 08Q3 08Q4 Source: REIS 10 property in perspective Bellingrath, Buckhead, Atlanta GA, United States Graph 6: Effective rents Atlanta Boston Washington US 1700 1600 1500 Rent per sf per month 1400 1300 1200 1100 1000 900 800 700 1999 2002 2001 2002 2003 2004 2005 2006 2007 2008 Source: REIS b o sto n, ma Unlike during the economic recession in 2001, which hit Boston particularly hard when the unemployment rate more than tripled from a low of 2.0% to more than 6.0%, the area has fared better in the most recent downturn. This is largely due to Boston being relatively little exposed to those industries that are currently being hit hardest. Boston has diversified its local economic base during recent years – lowering its overall risk profile. But more importantly, some of its major industries (most notably biotechnology, education and healthcare) are less exposed (thus far) to extensive job losses in the present downturn. The current unemployment rate stands at 5.8%, not much higher than the long term average of some 4.9% and reflective of a less dramatic increase when compared to the 2001 recession. Historically, Boston has had relatively weak demographic fundamentals, especially population growth. Relatively high barriers to entry (most notably zoning laws and scarcity of land) have however put some constraint on supply, kee­ping the apartment market mostly ba­lanced (stable/ viable sector). It has resulted in a vacancy rate spring 2009 lower than the national average. Vacancy currently stands at 6.0%. We believe Boston’s for-rent apartment market is relatively well positioned and should weather the downturn better than Atlanta and the nation as a whole for that matter. In addition, a strong recovery in terms of effective rent growth is something that we would expect from Boston as soon as growth of the broader economy picks up pace again. washin g to n, d c Washington, DC remains the ‘golden child’ of U.S. cities during periods of economic distress. As the region’s largest employer by far, the federal government should at least keep employment growth in the region steady in an otherwise weak national job market. Compared to the nation as a whole, which experienced a 2.2% job loss in 2008, DC only suffered a 0.9% job loss.1 In addition, the influx of new political jobs in the Obama administration will create short-term job growth. A number of industries are already adding to their ranks in the District in the hopes of obtaining their share of the economic recovery spending proposal. 11 Currently, supply should only be affected by previously announced construction projects coming online and struggling condominium projects. The for-rent apartment vacancy rate currently stands at 4.8%, which we forecast will only rise modestly, as we expect additions to supply to slightly outpace demand. With supply and demand thus expected to be reasonably in check in DC, we expect effective rents to continue to rise, albeit at a subdued pace compared to the strong growth over the last few years. We expect the capital region to remain a strong medium- to long-term growth area given its re­ latively stable employment base. The combination of turmoil in the credit and capital markets and DC’s unique dynamics stemming from the government’s presence in the area puts the area at the top of our watchlist for investment in forrent apartments. short u p d a t e o n t h e cap ital and cr e d i t m ar k e t The for-rent apartment market has not been immune to the credit crunch, though it has fared better than all other major real estate asset classes. If it had not been for the continued lending by the government-sponsored entities (GSEs), Freddie Mac and Fannie Mae, in 2008, the residential market (both multi-family and single family mortgages) would be facing a lot more pressure. Year-end results are not yet avai­ lable, but mid-year results show that the GSEs increased multi-family mortgage origination by 66% on the year before as conduit lending dried up entirely.2 While the privately funded credit markets will eventually return, credit from parties other than the GSEs is likely to remain incredibly scarce for the near term. By acting as the only lender and consequently setting the price (terms) of debt for for-rent apartments, the GSEs are keeping pricing artificially low. As a result, we continue to view the extent to which the GSEs will carry on acting as the lender of first and (practically) only resort as a downside risk. co ncl u s i o n Clearly, the risk profile of for-rent apartments is changing as negative job growth is now getting the best of the initial increase in demand, which the for-rent market saw as a result of the fall-out from the for-sale market. We expect cap rates to continue to rise over the next few quarters as investors compensate for the increased risk. While it is unlikely that the GSEs will pull back entirely from the lending vacuum that currently exists, it is imperative for private lenders to, once again, enter the marketplace in order for ‘normalcy’ to return to the market. From a future acquisition point of view we are highly aware of the risks that come with this single source of financing (especially given Freddie and Fannie’s lack of financial stability) and would advise investors to think twice about overly relying on pro forma exit yields based on this artificially cheap financing still being around a few years from now. While it is true that recent job losses create short-term pressure on the for-rent multi-family market, we do believe that in some markets its long term viability is less of an issue. As cap rates continue to increase (which we expect they will), we are confident that for-rent apartments in strong locations, which achieve stable cash yields early on in the investment, will become available. For the time being, we are likely to focus most on the Washington, DC area in terms of acquisitions, while keeping a close eye on developments in Boston and Atlanta. The inevitable next upcycle is likely to present plenty of opportunities. Consequently, in today’s ra­pidly changing real estate environment, we think ‘Early is the new wrong!’ 1 Source: Bureau of Labor and Statistics, Bank of America Securities, Merrill Lynch 2 Source: Mortgage Bankers Association 12 property in perspective Asset Management for third parties All investment decisions made by The IBUS Company are based on extensive research. All this research is done by the IBUS in-house research department. Real estate markets are known for being driven by not only local demographic and economic trends but also local cultural trends. IBUS performs these asset management capabilities on its real estate funds and separate accounts. However, in these challenging times for real estate, IBUS is being approached to perform these services also on portfolios, owned by third parties. Property in Perspective is a good example of IBUS research. In order to highlight the re­ levance of research to our firm, we believe that sharing this knowledge with our clients leads to better investment decisions in the longer term. IBUS sheds light on new items and markets in every edition of Property in Perspective. The findings in Property in Perspective are outspoken and can be used as guidance for our own internal investment decisions. The question of why things are the way they are is the most vital one in the IBUS research. This can also be des­ cribed as the ‘know why’ of real estate. The research approach taken by IBUS for new investments can be summed up as follows: Macro level: In order to determine whether or not to invest in certain countries or sectors, IBUS researches the economic and demographic development of the targeted area. More important than just looking at the current state of economic and demographic development, is digging into what drives the current state of the local economy and demographics of the area. By doing this, the drivers of the growth can be determined and thus the sustainability of growth in the longer term. Vital questions to be answered in this phase are: (i) What are the main economic driving sectors in a certain country? (ii) Is a country a net importer or net exporter (has turned out to be of major importance in the current economic conditions)? (iii) What are the demographics of the country (including the push from the countryside to the city)? and (iv) How well financed are the central and local governments? also have a considerable impact on the understanding of an area. Micro level: The analysis ends with a detailed screening of tenant’s lists, property-related costs and the long-term development of individual streets and neighbourhoods. The entire analysis mentioned above boils down to a clear picture of potential for future rents, prices and positioning of individual property (or properties) in their specific submarkets. All this information is entered into a financial model which includes all the income and expenses during the holding period of the assets. This model forms the basis of all investment decisions taken by The IBUS Company. IBUS offers these services to real estate owners that are in need of a party that takes care of all asset management related decisions on their real estate holdings. The need assistance on asset management can be a result of changes in the owner’s in-house team, changes in market conditions etc. Asset management for third parties comprises the whole process star­ting from making strategic decisions to start investing in certain real estate markets, ma­king the decision to in- or outsource day-to-day property management and make a hold or sell analyses for certain properties. For questions on these services, please contact Pepijn Morshuis at +31 (0)20 - 755 90 00. Area level: This phase is similar to the macro level. However, politically driven trends such as the geographic direction(s) a certain city or region will be growing towards over time if the decisions of the local municipality are followed spring 2009 13 Regulation of the Dutch real estate fund sector – Quo Vadis There has been a lively debate in recent years in the Dutch real estate fund sector on how supervision and regulation of the sector should be taken care of. In this article, we have tried to summarise which steps have been taken thus far, where things have gone wrong and how regulation in the Dutch real estate fund sector could be achieved. The Netherlands Authority for the Financial Markets (‘AFM’) is the Dutch equivalent of the SEC in the US and the FSA in the UK. The AFM oversees all activities on the Dutch financial markets. The goal of the AFM is to ‘improve market transparency, create a level playing field and make sure that the interests of investors (including private investors) are protected’. In April 2005, the AFM published a study entitled “Vastgoed CV’s en maatschappen – Een verkennende analyse” [Real estate limited partnerships and real estate partnerships – An exploratory study]. The conclusions of this study were as follows: (i) information flow to investors needs to be improved; (ii) there is anecdotal evidence of increased integrity risks in the Dutch real estate fund sector (risks of insider deals between directors and fund initiation firms, excessive valuations of real estate in initiated funds and disputed realism in projected fund returns) and (iii) regulation of the sector should be improved either through regulation by the AFM or self-regulation or a combination of the two. Under the legislation that existed in 2005, the AFM could only screen real estate funds at the gate (i.e. at the moment a new fund was launched) after which no recurring screening of the fund or the fund initiator was required. This AFM study led to political involvement in the Dutch fund industry from 2005 onwards in the sense that politicians called for a code of conduct for the Dutch fund sector. The intention was to achieve self-regulation of the sector but if that did not work, new legislation would be applied. The debate in the sector has resulted in the establishment of the Stichting Transparantie Vastgoedfondsen (‘STV’) [Foundation for Transparency in Real Estate Funds]. The STV was an initiative by fund initiators: MPC (currently Hanzevast Capital), Annexum, Westplan, 14 Vastgoed Syndicering Nederland and The IBUS Company. The mission of the STV is to operate as an independent platform in the real estate fund industry, screen prospectuses of newly initiated real estate funds and improve transpa­ rency within the sector. All subscribers to the STV agree to have all of their prospectuses reviewed by the STV resulting in a published opi­ nion by the STV. Apart from the STV, two other initiatives were launched to increase transparency in the sector: the Vereniging Vastgoed Fondsen (‘VVF’) [Association of Real Estate Funds] and the Vereniging Vastgoed Participanten (‘VVP’) [Association of Real Estate Participants]. The VVF was established by around fifteen, typically somewhat smaller fund initiators, whereby the VVF developed a number of reporting guidelines and a plan for member’s product reviews. The VVP in principle backs investor interests but is open to membership by both investors as well as fund initiators. The AFM has had interaction with initiatives like the STV and VVF from their inception. Arthur Doctors van Leeuwen (the chairman of the AFM until 2006) once stated that it is his belief that self-regulation will be successful if 75% of all initiators become members of the STV and/or VVF. The Dutch real estate fund sector consists of roughly 75 fund initiators of which 23 subscribe to the STV and 27 are members of the VVF. Many smaller fund initiators have not become members of either the STV or the VVF. Over time, the co-existence of the STV and VVF could, in a way, be regarded as competition to each other, at least to the outside world. Although a number of AFM requirements are covered by the STV and the VVF, the AFM has insisted on introducing a number of additional items, which are beyond the scope of both the STV and the VVF. One of these is the AFM’s in- property in perspective sistence on a procedure for investor complaints and supervision on reporting on funds. Neither the STV nor the VVF have the legislative powers to enforce these requirements. It is important to stress that the AFM has stated that it does not see a role for itself as a regulator for the entire sector as it is beyond its current mandate. Early 2006 legislation in the Netherlands, the Wet toezicht Effectenverkeer (‘WtE’) [Dutch Act on the Supervision of the Securities Trade] and the Wet toezicht Beleggingsinstellingen (‘WtB’) [Dutch Act on the Supervision of Collective Investment Schemes] changed things substantially. These changes have had a major impact on the supervisory landscape for both real estate fund initiators and real estate funds. The newly introduced legislation is much stricter both on fund initiators as well as on newly introduced funds. Remarkably, at the same time, the 2006 legislation offers more opportunities to offer fund products exempt of any supervision as long as a certain set of rules is met. In practice, this has led to a situation in which funds with a participation size of EUR 50,000 or higher are exempt of any supervision. This seems like a strange situation which is hard to explain to anyone. In the meantime, a number of fund initiators, just like IBUS, has applied for permanent regulatory approval from the AFM and has received that approval. These initiators have voluntarily chosen to be subject to AFM supervision as this is regarded as a stamp of approval in the market. Since the new legislation was introduced in 2006, there has been a combined effort on the part of the AFM, STV, VVF and VVP to achieve full self-regulation of the sector. Although the intention of this effort was pro-active, it turned out that the proposed agenda was too ambitious. Too many items needed to be achieved at too short notice, which turned out to be unre­ alistic as they need to apply to 75 fund initiators in a very diverse sector. Added to that, the pro­ blems in the real estate market caused by the credit crisis have led a number of fund initiators to focus on other items like cost-cutting and increasing their scale of operations first instead of impro­ving transparency. Moreover, the business model of a number of fund initiators is tilted to- spring 2009 wards capital-raising by means of a placement fee at the start of a fund. Now that investors are cautious about investing in new funds, the affected fund initiators need to readjust their business model. This removes the urge to work on transparency at short notice as the economic viability of the business model is of higher importance. As a result, coordination between the AFM, STV, VVF and VVP has been suboptimal and this platform backfired in December 2008. Since December 2008, things have moved to the point when the initial founding members of the STV plus a number of large bank-affiliated real estate fund initiators have returned to the table again to screen what is needed to achieve regulation. These parties have funded the STV initiative so far. Creating an independent regulatory platform is obviously a more expensive strategy than creating a platform that relies on time and energy from its members. The price for hiring independent staff for an independent organization is simply higher. For every initiative, the scale of operations is a relevant issue but this is especially true for an independent platform. In order to make the current initiatives like the STV (and the VVF) more effective, the number of contributing members needs to increase otherwise the risk is that future funding will become an issue going forward. One important item to improve transparency in the sector is screening of directors. This could already have a positive impact on the ‘shady’ image of the Dutch real estate fund sector. Director screening is currently beyond the mandate of the AFM, whereas this seems an issue which fits well to the role of the AFM. Except of the director screening, the above mentioned group will try to achieve the additional requirements of the AFM of setting up a procedure for investor complaints, procedure relating to disputes and supervision on fund reporting. In order to make this happen, the AFM and the Dutch legislator need to offer their support as any attempts to regulate the sector will stand no chance in succeeding without their help. Moreover, backing of fund initiators of either the STV or the VVF both morally as well as financially is crucial as well. This shows that a lot of work still needs to be done in order to arrive to (self ) regulation in a fund sector that shows such a wide diversity. 15 C HANGES I N P ORTFOL I O During the last six months the following changes took place in the IBUS Real Estate Portfolio United States Disposal of Northwoods office building in Columbus, Ohio This building was sold at the end of 2008 for a total amount of USD 5.25 million (USD 43.75 psf ). The Northwoods buil­ ding was acquired in 1997 for an amount of USD 9.36 million (USD 86 psf ). The building was part of a fund that owned another office property in Valley Square in Minneapolis, Minnesota. In the years after acquisition, vacancy in the buil­ ding declined from 37% to 5% in 1999. Between 2003 and the moment of disposal, vacancy rates rose again to over 50%. The primary reason for this vacancy was the fact that demand for office space was concentrated in the CBD of Columbus instead of the suburbs, and the Northwoods building is located in the suburbs. The vacancy is therefore not expected to decline in the short term. Bad Doberan, Germany Krijgsman 6 P.O. Box 8010 1180 LA Amstelveen T. +31 (0)20-755 90 00 F. +31 (0)20-755 90 90 E-mail: info@ibus.nl www.ibus.nl United Kingdom Disposal of high street shop in Dorchester, United Kingdom This building was sold at the end of 2008 for a total amount of GBP 1.5 million. Based on an annual rental income of GBP 88,000 (O2 is the tenant), the property was sold at a net initial yield of 5.54% (after transfer costs to the buyer of 5.6725%). The IBUS Company is an independent group established in 1992 by Onno Husken, former Chief Executive Officer of Wereldhave N.V. and Kempen & Co. IBUS develops and invests in office, retail, residential and hotel properties in the United States, Europe and Asia. Since inception, 48 real estate funds, with a total investment consideration in excess of € 1.2 billion, have been introduced with private and insti­ tutional investors. Over the years, more than half of these investments were successfully sold. IBUS also uses its real estate knowledge and experience to advise financial institu­ tions, listed companies and institutional investors. These The properties mentioned above are or have been part of investment funds for private individuals or institutional inves­ tors. assignments are directed towards portfolio analysis, asset allocation policy, investment strategy and second opinions on direct and indirect real estate investments. IBUS is based in offices in Amstelveen (The Netherlands), Washington DC (United States) and Ho Chi Minh City (Vietnam). 16 property in perspective