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The Future Of Private Equity Investors In Real Estate Market and their Relationship with Real Estate Developers



Relationship with Real Estate Developers

The Real Estate (Regulation and Development) Act, 2016, RERA has tightened many loop holes in the real estate sector. The repercussions can be seen not only amongst the real estate developers but also in their prime source of funding, private equity investors.  RERA is great move to safeguard the interest of home buyers against inconveniences such as possession delays and other ill practices prevalent in the real estate sector. But on the other hand, it will also influence the relationship between Real Estate Developers and Private Equity Investors.

Read: RERA Likely To Be Incorporated In Maharashtra from 1st May, 2017

Private equity contributes a major portion of investment in the Indian real estate sector. It constitutes as much as 60% of total investment of institutional funding requisite in India’s real estate sector, as per reports published by property consultant Knight Frank in 2017. It has surpassed bank credit, which was the major source of funding earlier. Figures suggest that bank credit used to contribute around 50-57% of institutional funding in the Indian real estate sector in 2014. But it has significantly dropped down to almost 24-26% in last couple of years, which makes private equity the main contributor of funds.

Private equity investors have huge influence on developers in terms of allocation of capital since they are the chief funders. But after implementation of RERA by central government last year; and individual states adapting the same, the situation has changed a lot and will continue to change. Most of the states are expected to finalize the rules by beginning of May. Once it comes into full effect, it will prompt changes in the current terms between real estate developers and private equity investors. It will impact three major key areas according to experts, which are as follows:

  1. Returns on Investment

RERA has made it mandatory for promoters to deposit 70% of the received amount from allotted parties into a separate account. The amount can be utilized only to cover construction and land cost as per the act. The state will decide the amount to be considered as construction cost. Different state might have different norms in this regard. Most of the earlier agreements between private equity and developers had veto rights which required developers to repay the investors first from whatever cash flow comes in. Such vetoes are now bound to change after the implementation of the act, as the developers main concern would be timely delivery of projects.

The repayment to investors will be higher as it will take more time since main focus would be on timely project completion. However, RERA experts have indicated that the act will also benefit private equity investors. The default rates will drop as the projects cannot be marketed unless all relevant approvals are in place including commencement certificate. So, it reduces the risk of fund diversion by the developer. The private equity investors are not in a completely disadvantageous situation but it all depends how well the new law is implemented. Since the act has a conflict of interest between buyers and investors, time will decide who will benefit the most out of it.

  1. The Investor –cum- Developer scenario

RERA has redefined the role of promoters. The Act defines that the person who constructs or develops the buildings and the one who sells it are two different entities, so both of them cannot be considered promoters. A lot of private equity investors like to take the role of investor-cum-developer so that they can have more control over the project.  The question arises whether they will be considered as promoter or not? If they are, then the entire responsibility of the project will also fall on their shoulder. Then it also raises the question that under whose name the marketing and selling will take place, the developer or the investor?

These have led to the addition of new laws under the act, currently under consideration. It’s being made very clear that under no circumstances a project can be marketed under investors neither they can be presented as developer or promoter. If you market a project in the name of some reputed investor then it attracts more sales. But under RERA, they will be considered as promoters, so it might not be a good thing to do, as it might lead to some legal obligations. If the private equity investor qualifies as a promoter, then they will have to take all responsibilities starting from registration to penalties in case of a default.

  1. The current rights included in private equity agreements.

About $32 billion in private equity has been invested in the Indian real estate sector since 2005. In 2016, as much as $5.7 billion in private equity was invested in the real estate sector making it the second highest investment. Such huge investments also grant certain rights to private equity investors, especially foreign investors, who demand for it. For instance, if the developer defaults then the private equity investor has the right to act as a developer or appoint some third party developer to look after the project. But after RERA, this may not be the case as such change will require the approval of two-thirds of the allotted party and Real Estate Regulatory Authority.

Since the act will revoke the step-in-right, so it will be really difficult for private equity investors to take over the project if the developer defaults. Instead, they will have to work with allotted party to complete the project. So, as a private equity investor you have to make sure that you work with developers who have a solid brand reputation and have the capability to complete a project in an efficient manner.


Indiabulls Real Estate Acquires A Commercial Building With Leasable Area Of 2.5 Lakh Sq Ft. In Gurgaon



Indiabulls Real Estate

Indiabulls Real Estate has earned a distinct reputation for building projects that turn spaces into inspiring places, since its inception. Indiabulls Real Estate went on to expand its projects portfolio, with its prime focus on construction and development of residential, commercial & SEZ projects, across major Indian Metro cities. Today Indiabulls Real Estate is ranked amongst the top Real Estate companies with a total Gross Development value of INR 32,189 crores and net worth of INR 5,480 crores as of 2017.

Indiabulls Real Estate has commercial development with a leasable area of 3.15 million sq.ft. under construction. Further, it has a land bank of 1,046 acres and also possesses 2,588 acres of SEZ land at Nasik, Maharashtra. In 2014, the company acquired the prime property, 22 Hanover Square in Central London for Rs.1630 Cr. The group has also been conferred the status of a Business Super brand by the brand council Superbrands, India. Indiabulls Real Estate is known for its successful delivering of superior products, services to its customers, partners and shareholders.

Indiabulls Real Estate is planning to acquire a large commercial building with a leasable area of 2.5 lakh sq ft in Gurgaon.

To acquire this large area of prime and newly constructed commercial building, Indiabulls Real Estate’s wholly-owned subsidiary has entered into a definitive and a binding agreement. A BSE filing by the Indiabulls reveals that, the deal has an expectancy period of four months, mainly after receiving the Occupation Certificate of the building. Although the name of the seller and deal value was not disclosed.

With many leading multi-nationals operating in the vicinity, makes it a developed prime commercial location. Equipped with an additional leasable area, the company expects to enhance its annuity revenue to Rs 1,450 crore in FY 20-21 from the rental properties portfolio of Indiabulls Real Estate.

With its expansion spree, Indiabulls Real Estate, is counting on the revival in the real estate market in Gurgaon for making its project a success. The commercial realty market is witnessing a strong demand in Gurgaon. So Indiabulls Real Estate is looking forward to set up a state of the art business park in Gurgaon, which would be able to draw reputed corporates and MNCs. As some big-ticket commercial space rentals and deals are expected to be finalized in this space.

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Adani’s Bandra-Kurla Complex Project To Be Taken Over By Shapoorji Arm For Rs 2,000 Crore



Adani’s Bandra-Kurla Complex Project To Be Taken Over By Shapoorji Arm

Shapoorji Pallonji Investment Advisors which is an investment arm of conglomerate Shapoorji Pallonji Group is set to acquire a commercial project Inspire BKC from Adani Realty in a nearly Rs. 2,000-crore transaction. The project is located in Mumbai’s business district Bandra-Kurla Complex (BKC), informed two persons familiar with the development.

Shapoorji Pallonji Investment Advisors has emerged as the frontrunner from a total seven shortlisted interested entities including US-based private equity major Blackstone Group and an alliance between Qatar Investment Advisors (QIA) and Bengaluru based realty developer RMZ.  For this over 8 lakh sq ft project Shapoorji Pallonji Investment Advisors has already completed the due diligence process.

One of the people mentioned above said, “The due diligence process for the asset has been concluded recently, and currently the final documentation is going on. The deal is expected to be concluded soon as both the parties have frozen the structure of the transaction.”

The project has recently been completed and the developer is in the process of receiving few civic approvals, following which it will be concluded. Adani Realty is also one of the companies that is working on closing few leasing transactions here.

In one such lease deals, Swiss multinational pharmaceutical major Novartis’ India arm has entered into an agreement to pick up over 1lakh sq ft office space in this commercial project. This was one of the largest front office commercial transactions in terms of space in the Mumbai in 2017.

Shapoorji Pallonji Investment Advisor is also kept in the loop on the progress of space leasing transactions in this commercial project.

In its first-ever real estate related engagement in India in October the global insurance and asset management major Allianz Group teamed up with Shapoorji Pallonji Group to create an investment platform for office properties.

The platform, SPREF II, will be a Singapore-domiciled, rupee-denominated and close-ended fund planning to raise $500 million in equity.

After partnering with the Canada Pension Plan Investment Board (CPPIB) in 2013 for a platform with an initial target corpus of $200 million this is Shapoorji Pallonji Investment Advisors’ second such tie-up.

The commercial real estate has been registering a healthy growth across prime office markets in past three years.

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Japyee’s Yamuna Expressway Sees A Bidding By Tata Housing And Lodha



Yamuna Expressway

Jaypee Infratech shares saw a jump of nearly 10 per cent in Monday’s trade after some of the major developers like Tata Housing and the Lodha Group, filed initial bids for the debt-laden realtor and road builder.

These two real estate giant have shown their keenness to own Yamuna Expressway, a project by Jaypee Infratech, the fate of which is now being decided at the Supreme Court. Also the other major participant is the country’s dedicated platform for insolvency resolution, the National Company Law Tribunal (NCLT).

Being the prime concrete road project, Yamuna Expressway starts at the eastern end of Noida-Greater Noida Expressway and runs up to Agra. A toll of slightly more than Rs 2 per kilometre is being charged by the Yamuna Expressway, for every car. An extensive land bank makes the property’s richest attraction, with facilities that are either proposed or already functioning in the immediate vicinity of the access-controlled motorway.

Yamuna Expressway is one such major structure sharing the connectivity with some of the important landmarks in the state. One such architecture is India’s only operational Formula One racing track, located along the expressway. Another influential attraction is the site of the capital region’s second proposed airport, which is closer to the first toll gate from the Greater Noida end. The motorway shares its vicinity with one of the biggest urban campuses of a state-run university. The mega convention centre hosting the annual Auto Expo is also connected to the Yamuna expressway.

In an anticipating decision in regards to a Supreme Court’s ruling, of barring the promoters of Jaypee group from selling or transferring assets, the Reserve Bank of India has ordered banks not to initiate the bankruptcy proceedings against Jaiprakash Associates. Which is the parent group of Jaypee Infratech.

It all started after the IDBI Bank filed to start insolvency proceedings in August against Jaypee Infratech, causing an appeal by homebuyers resulting into the court ruling. The bidding has seen many responses, but eventually all these initial expressions of interest will boil down to a binding offer. Which is a commitment from an interested party to purchase the assets. These bidders, apart from purchasing the assets, are supposed to infuse around Rs 2,000 crore to complete the projects already taken up by Jaypee Infratech.

Earlier in the August, the National Company Law Tribunal (NCLT) Allahabad bench admitted IDBI’s insolvency proceedings against Jaypee Infratech. As Jaypee Group failed to repay its various loans amounting to Rs 526 crore. Anuj Jain has been appointed as the interim resolution professional (IRP) by the NCLT, to carry out proceedings under the Insolvency and Bankruptcy Code. But in September, there came a stay on this process by the Supreme Court, after the appeal by Jaypee Infratech homebuyers.

The company’s saw a total debt of Rs 8,300 crore, with an interest overdue of Rs 1,400 crore on last year’s March. Supreme Court will see a resolution plan from the Jaypee group, in order to ensure a debt restructuring process, enabling the group to meet its obligation.

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