Colliers Romania 2011

Page 1

ROMANIAN MARKET REAL ESTATE REVIEW For the year ended 31 December 2010

Accelerating success.


This document has been prepared by Colliers International for advertising and general information only. Colliers International makes no guarantees, representations or warranties of any kind, expressed or implied, regarding the information including, but not limited to, warranties of content, accuracy and reliability. Any interested party should undertake their own inquiries as to the accuracy of the information. Colliers International excludes unequivocally all inferred or implied terms, conditions and warranties arising out of this document and excludes all liability for loss and damages arising there from. This publication is the copyrighted property of Colliers International and/or its licensor(s). All rights reserved. Š2011


table of contents ROMANIA office real estate review  |  2011

CONTENTS Colliers International - 2010 Highlights

6

Economic Overview

7

Office Market

8

Retail Market

10

Industrial Market

12

Land Market

14

Investment Market

16

Residential Market

18

Valuation Market

20

Building Surveying

21

Hotel Market

22

Legal Overview

23

Tax Summary

25


2011 Colliers Real Estate Review » ROMANIA

Dear readers, A recent McKinsey report on the evolution of education worldwide identifies a direct relationship between living standards and education levels in different countries. Also, the report introduces three key factors mandatory in increasing the average level of education: the quality of teachers, their training and the right of all children to benefit from quality education. On one hand, teachers’ quality and training has been a very hot topic, widely debated over the last years. On the other hand, the equal access to education is a far less publicized matter. It drew my attention not only because of the concept’s novelty but also because, so far, I had not seen any connection between the average quality of life and the educational level within a country. Nevertheless, at a closer look, anyone can notice our life quality is highly impacted by education and social level of the people around us. Seeking examples of projects that address these problems, I recently came across two successful concepts that have been working for years in America: KIPP and Teach for America. KIPP (Knowledge Is Power Program) is considered the most promising private school operator who also benefits from public funding (charter school) in the US and reached 99 schools in 15 years. These schools accept for free, children from difficult backgrounds and lowincome families. KIPP students have a very clear objective: admission to a good college. Therefore, their success rate is higher than in public schools. During the visit I made few weeks ago at KIPP Academy in Houston, KIPP co-founder, Mike Feinberg, told me that their strategy is to recruit and prepare school directors and to involve teachers both inside and outside the classroom.

p. 4

Mike Feinberg’s goal for KIPP is to enroll 10% of the children in an area, which he believes would be a tipping point. As a result, public schools will have to reform themselves or risk losing more and more children. Mike Feinberg was 24 when he started the KIPP project. Teach for America (TFA) aims to eliminate discrimination in the access to quality education and also the reality that today, the place where you are born largely determines your chances to have a good life. TFA recruits graduates from top U.S. universities, prepares and places them as teachers within public schools for a two-year period. In just 20 years, the organization has become the largest employer in America with a good reputation among students who now think it is easier to get into Harvard than in TFA. Their strategy is to attract in the educational system the top graduates that in two years of teaching will live a unique experience and have a direct impact in the life of children from less privileged environments. TFA bets on the fact that by recruiting top graduates, among them the future leaders of society, they will promote the reform of the educational system. Wendy Kopp, TFA founder, was 22 when she started the program. Other 16 countries have already followed the TFA pattern and I hope that in September next year first graduates of Teach for Romania will start teaching in schools in Bucharest’s poor neighborhoods. Yours sincerely, —— Bogdan Georgescu Managing Partner colliers international romania

Contact: Bogdan.Georgescu@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA

Dear friends, With its passion for education and in depth knowledge, Colliers International has created another full and comprehensive analysis of the 2010 real estate market, including a 2011 forecast for each market segment. Its main purpose is to help real estate players understand the factors of success or failure in this industry and as a result, to help them make better decisions.

If we were to go back to 2008, the desire for transparent and high quality real estate consultancy was expressed and a manifesto against aggressiveness was supported by many developers and investors. However, as the market is picking up, some players consider loyalty, transparency and integrity not as important as their immediate goal to secure clients.

If we look at the timid movement in the market, we could say we are now back in a time similar to early years of 2000. The current market outlook places us at the beginning of a exciting new cycle. As it’s time to start building the market again, we should be wise and learn from the past whilst looking to a brighter future. But do we actually learn from the mistakes of the past?

These are examples of lessons to be learned from the past, in pursuit of a new healthy market cycle.

Whilst still in a crisis period, a paradox is arising, with many niche development markets undertaking a race to secure locations in very little time. Thus, some markets are heating up, whereas others continue their struggle to recover. Although the rush itself brings some good news, it reminds me of past mistakes, when decisions were based on the desire to maximize short term profit margins, instead of thorough analyses of the projects’ sustainability.

Contact: Ilinca.Paun@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

Hopefully you will find other valuable information in the following pages of our market report and you will join us in our efforts to recreate a sustainable real estate business in Romania. Should you be interested in understanding the value of our services and our people, I will be glad to be your guide through our business philosophy, expertise and values. Yours sincerely, —— Ilinca Paun Managing Director colliers international romania

p. 5


2011 Colliers Real Estate Review » ROMANIA » 2010 HIGHLIGHTS

COLLIERS INTERNATIONAL - 2010 HIGHLIGHTS

INVESTMENT SERVICES FLOREASCA BUSINESS PARK INVESTMENT SALE OF €100 MLN

RETAIL GOLD PLAZA BAIA MARE – OPENING OF THE SHOPPING CENTER

RETAIL A NETWORK OF 300 GROCERY STORES UNITS

Colliers International Romania advised the buyer in the largest investment deal of the last 2 years. Colliers acted on behalf of the South-African investment fund NEPI in the acquisition of the 36,000 Sqm Floreasca Business Park, a premium asset delivered on the market in 2009 by Portland Trust. The acquisition price reached €100 Mln.

Colliers International acted as exclusive agent in the leasing process of the 30,000 Sqm shopping center, opened in November in Baia Mare. Over 30 international and local brands can be now found in Gold Plaza, among which Cora, New Yorker, Takko, C&A, or Cinema City. The center attracted 160,000 visitors in the first weekend.

The High Street Division within Colliers Retail Agency Romania has successfully leased 300 spaces for a retail chain in Bucharest and is rapidly heading to 1,000 shops throughout all Romanian major cities. Colliers Romania won the mandate to lease the spaces and has managed to close on average one leasing transaction per day during 2010.

LAND CORA – LAND ACQUISITION OF €9 MLN IN BACAU

Colliers International mediated the sale of a 3.5 ha plot in Bacau, one of the major cities with over 200,000 inhabitants in Romania. Located in the city center, the plot owned by Immotrust was acquired by Cora for a new retail scheme development.

OFFICE BDO CONTI LEASED 2,700 SQM IN VICTORY BUSINESS CENTER

The office team within Colliers International mediated the transaction in which BDO Conti, one of the Top 5 audit companies in Romania, leased 2,700 Sqm in Victory Business Center.

p. 6

BUILDING SURVEYING SERVICES A&D PHARMA – TECHNICAL DUE DILIGENCE VALUATION & ADVISORY SERVICES CEC BANK - PORTFOLIO APPRAISAL

The Valuation Department completed the appraisal of the most important part of the real estate portfolio of CEC Bank, comprising over 900 properties spread throughout the country. CEC Bank is the oldest Romanian bank and has the largest property network in the banking system.

The Building Surveying team was appointed to provide Technical Due Diligence services to A&D Pharma, the leading pharmaceutical wholesale, sales and retail business in Romania. During this process, Colliers International has analyzed 11 industrial properties and 5 retail schemes throughout Bucharest and the country.

BUILDING SURVEYING SERVICES PALAS IASI – MONITORING THE LARGEST MIXED PROJECT IN ROMANIA

INDUSTRIAL GOLDEN FOODS – 6,000 SQM LEASED IN MILLENIUM LOGISTIC PARK

The BS Division was appointed by the financing bank to perform monitoring services for Palas Project, the largest mixed project currently developed in Romania (320,000 Sqm built area and 2,500 underground parking spaces). Palas is developed by Iulius Group, based on a total investment of over €260 Mln.

Golden Foods, active in the snacks industry, leased 6,000 Sqm in Millenium Logistic Park in the only pre-lease transction closed in Bucharest since 2008. The industrial team of Colliers International mediated the lease transaction. MLP is the only development announced for southern Bucharest for the next period.

Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » ECONOMIC OVERVIEW

ECONOMIC OVERVIEW SUMMARY

After a 7% decrease in GDP in 2009, 2010 brings the Romanian economy one step further to its recovery, with a 1.2% decrease by the end of year. The economy is now stabilizing and growth is set to resume, starting with 2011.

KEY ECONOMIC FIGURES Metric

% Change

GDP Growth

-1.2%

Industrial Production

4.2%

Unemployment

8%

Inflation (eop)

8.1%

Public Deficit

-6.8%

The unemployment rate slightly increased from the previous year, reaching the estimated value of 8% by the end of 2010.

Source: National Commission of Prognosis, National Institute of Statistics

10%

Inflation has increased sharply as a result of the recent climb in the VAT rate and higher food prices, due to higher world prices as well as the summer flooding which disrupted food production in Romania. Headline CPI jumped from 4.4% in May to 8.1% estimated by the end of the year.

GDP, INFLATION & UNEMPLOYMENT

8% 6% 4% 2% 0% -2% -4% -6% -8%

Source: National Commission of Prognosis, National Institute of Statistics |

|

2007

|

2008

Prior to the VAT increase, prices were on a firm disinflation trend towards the center of the National Bank’ target band of 3.5% ±1 percentage point.

|

2009

2010

▬ Real GDP ▬ CPI (yoy, eop) ▬ Unemployment rate (eop)

12.00

BNR MONETARY POLICY RATE, %

11.00 10.00 9.00 8.00 7.00 6.00 5.00 4.00

Source: National Bank of Romania |

Dec 2006

|

Jun 2007

|

Dec 2007

|

Jun 2008

|

Dec 2008

|

Jun 2009

|

Dec 2009

|

Jun 2010

|

Dec 2010

In regards to its external affairs, Romania continues to recover. The current account deficit improved from 13.5% in 2007 to 5% of GDP (on a 12-month basis) by September 2010, driven by continuously shrinking trade deficit. Exports are gaining momentum with recovery in major trading partners (driven by manufacturing sector) while modest domestic demand is limiting import growth. Workers’ remittances have shrunk compared to 2009 due to the recession and high unemployment in host economies. Foreign direct investment continues to be weak. The banking sector remains liquid and well capitalized but non-performing loans continue to rise and will likely continue to increase in the first half of 2011. This is due to the slow economic recovery and the effects of recent public wage cuts on disposable incomes.

Research: Iuliana.Tataru@Colliers.com

PROGNOSIS

According to the IMF, Government revenues are improving and expenditures are falling, putting the government on track to reach its 2010 fiscal deficit. On the bright side, the fiscal measures might improve Romania’s perception in international financial markets, notwithstanding the considerable uncertainties in the Euro zone periphery. While the economic recovery has been delayed by the weak domestic demand (in part due to the needed fiscal consolidation), exports are booming and GDP growth is set to resume in the coming quarters. For 2011, the real GDP is expected to grow by 1.5%. Internal demand will only slowly regain momentum after real disposable income was reduced by lower public wages and the VAT hike. Beginning in 2012, demand from households and enterprises should become the main growth engine, as incomes recover. Risks to this outlook remain large but broadly balanced. On the downside, political tensions could reduce confidence and weaken performance. A weaker-than-expected recovery in Western Europe could affect Romanian exports. The ongoing turbulence in the Euro area periphery could still spill over into Emerging Europe, raising risk premia and affecting capital flows to Romania. On the upside, the booming export sector could result in stronger spill-over effects to the local economy. The sharp fiscal adjustment undertaken in 2010 could clear the way for a faster recovery of consumer confidence and domestic demand in 2011.

p. 7


2011 Colliers Real Estate Review » ROMANIA » OFFICE MARKET

OFFICE MARKET KEY OFFICE FIGURES

GENERAL OVERVIEW

Metric

Measure

Total Stock

1,360,000 Sqm

Net Take-Up

110,000 Sqm

Vacancy

18%

Prime Headline Rent

€18/Sqm/month

1,600

In 2010, the Bucharest office market witnessed a more active year than in 2009, although it does not yet imply a full recovery. Demand slightly increased as tenants became accustomed with the new economic environment. Moreover, landlords were more flexible, paying more attention to companies’ needs.

STOCK EVOLUTION (SQM ,000) The stock refers to class A office buildings, over 3,000 sqm.

1,400 1,200 1,000

SUPPLY

800 600 400 200 0

|

2006

|

|

2007

120,000

|

2008

▄ Stock

2009

|

2010

▬ New deliveries

At the end of 2010, Class A office stock reached 1,360,000 Sqm, after the delivery of roughly 170,000 Sqm during the year. Out of the total modern office stock, over 20% is located in central areas, while the remaining is approximately equally split between semi-center and periphery.

NET TAKE-UP EVOLUTION BY AREA

100,000 80,000

Secondly, a large number​​of the contracts signed in 2005–2006, for a 5-year term, expired in 2010 and tenants had to make a decision. The health care sector together with IT and outsourcing companies were the most active tenants on the market. Since new deliveries started to diminish, some cautious tenants that also have important space requirements will most likely try to secure space either by preleasing or by finding built-to suit opportunities. In terms of take-up by area, the most sought after location in 2010, was the semi-central area with approximately 50% of the total demand on the market. The remaining space was almost equally distributed between CBD and peripheral areas.

60,000 40,000 20,000 0

|

2006

|

2007

▄ CBD

|

|

2008

▄ Semi-center

2009

|

2010

▄ Peripheral

KEY LEASE TRANSACTIONS Tenant

Size (Sqm)

Project

Developer

Sanador

11,735

Castrum

Castrum

Rompetrol

9,300

City Gate

GTC

Oracle

7,000

Nusco Tower

Nusco

Mic.ro

6,000

Cubic Center

Expert Roinvest

In comparison to the delivery of new office stock in the previous year, 2010 saw a 55% decrease in the delivery of new space. This shows that developers have been highly responsive to current economic and office market conditions, postponing their development plans.

Trying to optimize the costs implied by their leased premises, a large number of tenants looked for buildings located in semi-central areas. Such choice could offer a reasonable rent in addition to good accessibility and market exposure.

The largest share of total deliveries on the market in 2010 took place in the first half of the year (74% of the deliveries) resulting from projects that were started before the onset of the financial crisis.

The overall vacancy rate stabilised during 2010 at ca. 18%.

AVAILABILITY

DEMAND

2010 saw a lively activity on the Bucharest office market. Out of 170,000 Sqm, 65% represented net take up, while the remaining included renegotiations, renewals, subleases etc. After a modest demand registered in 2009, this year brought a small increase in terms of take up. Firstly, landlords were more flexible in negotiating the contract terms, in an attempt to maintain or secure tenants.

p. 8

In terms of buildings’ age and the office market stage, projects delivered on the market between 2005 and 2007 have the smallest available area, less than 10% of the gross lettable area. 2005 marked a new phase in the office market development, as the newly delivered projects brought new standards of office quality, and tenants’ interest for the Bucharest office market increased. Therefore, pre-leasing played an important role in the total demand.

Contact: Maria.Florea@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » OFFICE MARKET

OFFICE MARKET 300

TAKE UP & VACANCY (,000)

20%

250

15%

200 150

10%

100

5%

50 0

|

2006

|

|

2007

▄ Lease

|

2008

▄ Pre-lease

2009

|

0%

2010

▬ Vacancy rate

ASKING RENTS (€/SQM/MONTH) CBD

Semi-center

Periphery

2009

18 – 20

15 – 18

10 – 15

2010

16 – 20

13 – 16

10 – 13

ASKING PARKING RENTS (€/CPS/MONTH) CBD

Semi-center

Periphery

Underground

120

100

90

Above ground

100

80

60

Tenants could benefit from negotiation discounts, rent free months or fit out allowances

Starting with 2008, the office space supply surpassed the demand and therefore buildings delivered after 2008 have on average higher vacancy rates.

The largest share of the deliveries planned for 2011 will take place in the first half of the year.

Vacancy is not spread evenly across the city. The semi-central buildings registered the lowest vacancy level (14%), closely followed by the CBD (16%).

Since only three projects have been announced to be launched on the market in 2011, the delivery of new spaces will decrease significantly towards the end of 2011 and the beginning of 2012.

This has been driven by tenants who redirected their interests towards the semi-central areas where they have been able to source more cost-effective solutions than those available in the CBD.

Demand in 2011 should reach and surpass 2010 levels as the economy starts to recover in 2011. Concurrently, the vacancy rate is likely to decrease as overall availability falls in response to declining new supply levels in 2011.

RENTS

In 2010, the average asking rents on the market registered a further decrease of around 20%. However, there are still developers that did not decrease the prices – notably buildings located in the central business district. Regarding the average headline rents, there was an extra 10% decrease, compared to the asking ones. In addition to the negotiation discount, tenants could benefit also from rent free months or fit out allowance, taking the effective rent paid by the tenant 10% lower.

As a consequence,​​rents overall should remain almost constant over the 2011 period. However, landlords will remain flexible in negotiation with potential tenants; offering incentives for fit out and free rent periods as the market remains more advantageous for tenants, thus continuing to lower net effective rents.

After a small decrease in parking rents of ca. 10% in 2009, as they returned to 2007 levels, parking rents remained stable in 2010. PROGNOSIS

For 2011, around 150,000 Sqm are announced to be delivered on the market. Taking into account that all the projects included are very close to completion, we expect that the new supply for 2011 to be close to this number.

Contact: Maria.Florea@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

p. 9


2011 Colliers Real Estate Review » ROMANIA » RETAIL MARKET

RETAIL MARKET RETAIL STOCK AND SUPPLY, 2010 (SQM) Criteria

Romania

Bucharest

Countryside

Supply 2010

145,000

80,000

65,000

— malls

140,00

80,000

60,000

5,000

0

5,000

Stock 2010

1,342,000

552,000

790,000

— malls

1,037,000

452,000

585,000

305,000

100,000

205,000

— retail

— retail

parks

parks

The analysis takes into account only shopping centers and retail park galleries with more than 5,000 Sqm GLA, DYI’s excluded.

SHOPPING CENTERS VACANCY, 2010 Area

Vacancy in 2010

Bucharest

10%

Rest of the country

13%

These are average levels, there are big differences between shopping centers in the same cities and between cities as well.

PRIME LOCATIONS RENT LEVELS, 2010 City

€/Sqm/month*

Bucharest

60 – 75

Cities over 250,000 inhabitants

30 – 35**

Cities under 250,000 inhabitants

15 – 20

* These represent the highest rents levels that can be achieved in well performing shopping centers (occupancy over 70%), units of 100 Sqm, prime locations. ** This level represents a market average, there are big differences between cities based on the existing competition.

PROJECTS UNDER CONSTRUCTION City

Project

Developer

Shopping Centers Arad

Galleria

GTC

Bucharest

Baneasa Shopping City extension

Baneasa Development

Oradea

Oradea Shopping City

Shopping Center Holding

Constanta

Polus Center/Maritimo

Immofinanz

Iasi

Iasi Palas

Iulius Grup

Baia Mare

Maramures (refurbishment)

SC Magazin Universal Maramures SRL

Craiova

European Retail Park

Belrom

Bucharest

Colosseum

Modus, UK

Retail Parks

The analysis takes into account only shopping centers and retail park galleries with more than 5,000 Sqm GLA.

p. 10

SHOPPING CENTERS Supply

2010 brought limited supply in terms of shopping centers GLA – only 3 new projects and one major refurbishment were opened in the entire country. This is the lowest increase in stock yoy since 2002. The percentage of opened shops at delivery (measured in GLA) in the new shopping centers oscillated between 50% and 90%. The gap is mainly due to factors such as existing competition in the cities/region as well as the moment of the delivery during the year (autumn deliveries, when the economy and the consumption stabilized, were favored by the retailers). 2010 brought a few “firsts”: we saw the first 2 shopping centers going into insolvency (Tiago Mall Oradea and City Mall Bucharest) and the first sale of a mall in such circumstances, Tiago Oradea, developed by Mivan. Demand

In 2010, the Germanic retailers were still the main drivers of the demand due to their financial power, most of the operators being much more active compared to 2009. The retailers that up to 2010 did not manage to secure locations in Bucharest and the top 5 cities, have now made their primary focus opening such locations. Due to the limited options for expansion in retail parks and due to the good financial conditions obtained from shopping center developers, some classical retail park operators have chosen compromise solutions, adapting their format to shopping centers (Decathlon, Kiabi). Low sales and cash flow problems forced more retailers to go into insolvency: InterHome, Diverta, Lee Cooper are just a few examples.

Rents

In shopping centers with high vacancies and low footfall levels the rents remained stable, as the majority of new leases are signed on turnover rent only. For the well performing projects we witnessed a small decrease in rents level, especially for those that had not previously offered rent reductions or were threatened by upcoming competition in their catchment area. Prognosis

Although the end of 2010 brought an avalanche of press releases announcing the re-launch of various shopping centers through-out the country, because of the lack of financing very few will realistically start/restart constructions during 2011. However, we believe that this year there are chances to see some of the projects that were under construction when the crisis arrived, restart construction. The focus of the developers, driven by the interest of the retailers, will be concentrated on the top cities with limited or no competition (Galati, Brasov, Timisoara, Craiova). 2011 will bring to the market the long waited opening of the first H&M shops. We do not expect to see other notable entries, as many retailers will be focused on consolidating their existing operations in the countries they are already present in. The rents will be affected on one side by the general economic situation hence the consumption/sales levels and on the other side by the supply/demand levels. As a general trend, we expect to see stabilization, a trend that is, however, highly dependable on any new Governmental measures that may influence the general economic climate.

Contact: Georgiana.Andrei@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » RETAIL MARKET

RETAIL MARKET Emporio Armani and Gucci entered on Calea Victoriei in 2010. There is still a gap between owners’ expectations and what tenants’ can afford to pay. High street demand will continue to be driven by the food sector, and banks looking to relocate.

RETAIL PARKS Supply

Two retail parks were delivered in 2010, and two other multibox retail parks are under construction. Moreover, only a few more plots are in the pipeline in major cities. Due to the limited supply in retail parks, retailers are now focusing on securing standalone units. As land prices remained high, developers’ activity decreased leading to direct acquisitions made by retailers for their own use. Many of the active developers are focusing on retail parks sites as they move away from the rather saturated traditional shopping center model. Demand

The top 5 cities together with Bucharest are still the main focus. MAIN BIG BOX DELIVERIES, 2010 Operator

Units

Location

Baumax

4

Bucharest, Pitesti, Constanta, Timisoara

Dedeman

5

Brasov, Craiova, Arad, Timisoara, Resita

OBI

3

Bucharest, Ploiesti, Sibiu

Praktiker

1

Botosani

Carrefour

1

Drobeta

Kaufland

11

Orastie, Deva, Ramnicu Sarat, Carei, Sighet, Botosani, Medias, Campu Lung Muscel, Mioveni, Giurgiu

Real

1

Bucharest

Hornbach

1

Bucharest

HIGH STREET RENT LEVELS, 2010 Area

€/Sqm/month

Central

50 – 75

Semi Central

20 – 35

Peripheral

8 – 25

Prognosis

The DIY and food operators will continue to be the main drivers of demand for renting or acquisition of boxes in the large cities. The next 3 – 4 years will be decisive for the market share of each brand. Due to the structure of demand some locations initially designated for shopping centers, could be used for retail parks. HIGHSTREET Supply

Some land owners with plots positioned within neighborhoods’ limits started being open to building new spaces in order to rent them. Only a few buildings (office and residential) with retail spaces on the ground floor have been delivered in 2010 and brought very limited new supply.

Fashion discounters are following the food anchors in order to complete the retail park offer. A new trend on the market is the presence of fast food drive units, auto repair shops or gas stations.

Due to the process of network optimization undergone by large retail chains, we did, however, see some retail spaces made available for sublease.

One of the new entries in 2011 on the DIY sector will be Leroy Merlin which will open its first unit in Colosseum project, Bucharest. Auchan Group made the biggest retail park acquisition of 2010 in Craiova and considers opening stores for all of its brands in this project by the end of 2011. Rumors on the market mention the intention of Tesco to enter Romania by a possible acquisition.

Demand is focused mainly on small units of around 100 sqm, with the exception of supermarkets, which are requiring larger areas.

Demand

Requests came from food processing operators, banks (due to relocations), or other retailers profiting from lower rental levels. The food sector was by far the most active, followed by casinos and gambling agencies.

Rents

Rents for big boxes remained stable. The presence of a hypermarket within the scheme slightly increased the rents of other tenants. Step-up rents are used by tenants to cover the risk of lower sales in the first 2 or 3 years after opening.

Rents

After the fall in rents value in 2008–2009, rents decreased by another 10–15% during 2010, except for those areas with no vacancy rate where rents remained stable. Forecast

The rents will be stable for areas with no or limited vacancy. A small decrease is expected in the more peripheral high street locations.

Contact: Georgiana.Andrei@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

p. 11


2011 Colliers Real Estate Review » ROMANIA » INDUSTRIAL MARKET

INDUSTRIAL MARKET KEY INDUSTRIAL FIGURES

OVERVIEW

Metric

Measure

Total Stock

907,000 Sqm

Take-Up

86,000 Sqm

Vacancy

15%

Prime Headline Rent

€4.4/Sqm/month

The industrial and logistic market came to a standstill in 2009 and changed little over 2010. Both the stock and demand did not register any significant activity.

2010 might be one reason for this slow down. Moreover, a large extent of the automotive companies were looking for space in the countryside, close to Renault and Ford factories. AVAILABILITY

200,000

SUPPLY

CHANGE IN STOCK OVER TIME & PIPELINE

1,000,000

180,000

900,000

160,000

800,000

140,000

700,000

120,000

600,000

100,000

500,000

80,000

400,000

60,000

300,000

40,000

200,000

20,000

100,000

0

|

|

|

|

|

|

|

|

|

|

|

|

0

H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010

▄ New Supply

▬ Stock

TAKE-UP STRUCTURE 8%

35%

8%

Logistic & Transport FMCG Automotive Media Industry Retail Other

9% 9% 15%

15%

In 2010, 12,000 Sqm were brought to the market, within the first phase of Millenium Logistic Park, in the southern outskirts. Therefore, the Bucharest total modern industrial stock, at the end of 2010, reached 907,000 Sqm. In the countryside, Ploiesti and Timisoara increased their supply of industrial and logistic space by over 50,000 Sqm.

Tenant

Size (Sqm)

Project

Geodis

20,800

Prologis Bucharest A1

Augsburg

10,000

A1 Business Park

Adevarul

6,400

Mobexpert Tunari

Golden Foods

6,000

Millenium Logistic Park

On the demand side, things did not look any brighter. Starting with 2008, the requests for industrial space began to decline; in 2010 the gross absorption reached a level of 86,000 Sqm, slightly higher than the value recorded in 2004. Out of the total absorption, 60% was represented by net take-up. The most active players on the market were the logistic operators, FMCG and the automotive sector, although not nearly as active as in previous years.

AVAILABILITY & ABSORPTION (,000)

800 600 400 200 0

|

|

|

|

|

|

|

|

|

|

|

|

H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 H1 H2 2005 2005 2006 2006 2007 2007 2008 2008 2009 2009 2010 2010

▄ Stock

▬ Vacancy ▬ Net absorption

ASKING RENTS Area (Sqm)

Rent (€/Sqm)

Evolution

< 3,000

4 – 4.5

Slight decrease Stable

3,000 – 10,000

3.75 – 4.2

Stable

Stable

> 10,000

3.5 – 4

Stable

Stable

p. 12

Regarding each area, the western outskirts have 12% available space, whereas the rest of the industrial hubs reached vacancy rates of over 30%. Taking into account that within the western part of Bucharest is over 85% of the modern industrial premises, the influence for the overall vacancy is large. RENTS

Rents remained constant in 2010. As an exception, tenants with space requirements of less than 3,000 Sqm benefited from slightly better rates compared to 2009, since the majority of industrial space is available within small partitions up to 3,000 Sqm in size.

DEMAND

KEY LEASE TRANSACTIONS

1,000

Within Inner and Greater Bucharest, the industrial space offer did not register any major change in 2010. Following 2006 – 2008 when new deliveries overcame 650,000 Sqm, the last two years added another 50,000 Sqm of industrial space to the total stock.

Since 2008, the vacancy rate began to rise, advancing in three years from 0% to 15% at the end of 2010.

Forecast

Furthermore, retailers were quiet (8% market share in 2010), unlike recent years when an important part of the demand was driven by this sector. This evolution is reasonable taking into consideration the decline of the domestic demand in 2010. The fact that logistic and FMCG operators, the drivers of the demand for the last years, were not very active in

PROGNOSIS

On the short term, we do not see any noteworthy variation on the market, since the industrial market is closely connected to the domestic demand. Therefore, we think that as the constraints imposed by the fiscal consolidation will fade and consumption increases, industrial and logistic demand will eventually improve. Given the fact that we will not see important deliveries in 2011, together with a small level of demand, we expect that rents will remain stable. Regarding the market outside Bucharest, tenants will maintain their interest for the western part of the country and also for Craiova and Pitesti, areas where industrial hubs are being created by several large foreign investments.

Contact: Viorel.Opait@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » INDUSTRIAL MARKET

MAIN INDUSTRIAL PROJECTS IN BUCHAREST

Brasov Ploiesti Airport

DN1

N 200B

Bucharest West

DN2 Nord Est Logistic Park

Chitila Logistic Park

Key Logistic Center

Equest LogisticPark

DN3

Otter Distribution Center

KM23

Mega Distribution Park

KM14 Mercury Logistic Park

Moldova Constanta

Atlas Center

A1 Hungary Pitesti

S

DN7

A1 Business Park

E

Brasov

Truck road Brasov DN1A

Prologis

W A3

Apollo Center

Europolis Logistic Park

A2 Phoenix Distribution Park

Constanta

DN6

DN4 DN5

Contact: Viorel.Opait@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

Millenium Logistic Park

Giurgiu Bulgaria Greece

p. 13


2011 Colliers Real Estate Review » ROMANIA » LAND MARKET

LAND MARKET BUCHAREST PRICE AREAS

GENERAL OVERVIEW Prime Secondary Peripheral

1

2

6

Investors see potential in Bucharest for future projects of various use (retail, office, residential adapted to the current demand, hotel or medical). Plots bought nationwide were in cities targeted almost exclusively by the big box retailers or retail parks developers.

3 5 4

8,000

The land market finally moved out of the standstill started during the second half of 2008 as a number of land deals transacted. Investments were split equally between Bucharest and the nationwide market.

Despite the increase in activity we cannot, however, speak yet of a full market recovery given the limited number of transactions (most of which were at low values) and the continuing downward price trend of land.

PRIME AREAS

7,000 6,000 5,000

SUPPLY

4,000 3,000 2,000 1,000 0

|

2006

|

|

2007

2008

|

2009

|

2010

▬ Min ▬ Max

2,500

SECONDARY AREAS

2,000 1,500 1,000 500 0

|

2006

|

|

2007

2008

|

2009

|

2010

▬ Min ▬ Max

1,200

PERIPHERAL AREAS

1,000 800 600 400

The supply of land has consistently increased during the past 2 years, determined by several factors: —— very little demand for land from the investment/development community —— landowners whose various businesses were affected by the economic downturn decided to putting up land for sale in order to get liquidity —— many developers with projects curtailed by the real estate crisis making their properties available for sale —— banks executing non-performing loans from their balance sheets.

An important component of new supply outside Bucharest has been the sale of premises of factories operating in those industries most affected by the crisis (namely textile and furniture production). Many of these properties have been subject to transactions where their location (central or semi-central) and site characteristics (area of 2.5 up to 5 ha, regular shape, generous frontage) were very appealing to retailers. DEMAND

Land buyers in 2010 were almost exclusively end users of the future projects (e.g.: retailers, private persons looking to build individual villas, companies wanting to develop and own their office premises etc.), or developers with secured anchor tenants. Speculative acquisitions were extremely rare, although plenty of opportunistic investors scanned the market in search for distressed land. Big box retailers were, by far, the most active buyers. Bucharest is not yet saturated with this type of space and represents the top priority for most retailers. Other targeted locations were cities exceeding 50,000 inhabitants where competition is still low. Cora, Kaufland, Lidl, Penny Market and Dedeman closed most of the deals this year. Demand coming from traditional office developers started to reactivate in 2010 in Bucharest locations with excellent infrastructure and connection to public transportation. The current land prices allow for a sensible development profit, based on delivering a successful project in 2 – 3 years. During this period,​​ office demand is expected to be back on track and office supply is estimated to shrink due to minimal deliveries in the pipeline.

200 0

|

2006

|

2007

|

2008

|

2009

|

2010

▬ Min ▬ Max

p. 14

Contact: Sinziana.Oprea@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » LAND MARKET

LAND MARKET TOP 3 LAND TRANSACTIONS City

Area

Value

Site

Buyer

Craiova

12 ha

¤30M

Electroputere Factory

Auchan Group & 2 managers of BelRom Group

Bucharest 5.1 ha ¤34.6M*

Timpuri Noi Factory

Interprime Properties, Ikea Investment Fund

Brasov

Hidromecanica Cora Factory

4 ha

¤13M

* VAT included

City

Prime

Primary

Brasov, Cluj-Napoca, Constanta, Craiova, Timisoara

300 – 600 200 – 400

Bacau, Galati, Secondary Iasi, Ploiesti, Sibiu

Tertiary

Alba Iulia, Botosani, Focsani, Piatra Neamt, Targu Jiu

Secondary Peripheral

The price of land continued to decrease during 2010, however, at a lower pace compared to the 2009.

On the short and medium term, the land market will remain a buyers’ market, where only those owners with a competitive price offer can conclude a deal. Thus, it’s highly important that owners remain flexible not only in terms of price but also in terms of the various forms of transaction structure by which a deal can be undertaken. This will translate into a still pretty timid demand for land amidst a well supplied market. In turn this will lead to a continuation of the negotiation of land prices.

50 – 200

250 – 500 150 – 300

50 – 150

150 – 350

35 – 100

100 – 200

Several other large transactions, both in Bucharest and in the countryside, are still under negotiation. Completion has typically been postponed because of either slight divergence over the price or difficulties in the planning process. PRICES

LAND PRICES IN CAPITAL CITIES (€/SQM) City type

This year recorded the first transactions over €10 Mln since the beginning of the crisis.

We consider land plots situated within the city limits, with areas in between 5,000 and 50,000 Sqm, benefiting from good visibility and exposure.

In 2010 were closed the first over €10 Mln transactions since the beginning of the crisis. New investors/ developers are now scanning the land market.

In Bucharest, transactions were concluded at prices which were on average 15 – 30% lower than 2009 prices. Peripheral Bucharest locations remained unattractive. The lack of transactions here makes it difficult to estimate the market price in these areas, but we estimate that a min. 50% discount to the current asking prices could attract eventually buyers. In the countryside, the decrease was more abrupt, except those cities where 2 – 3 landowners control the good plots on the market with limited pressure to sell. Therefore, such locations were more​​resistant to a significant decrease in price.

As a result we do not expect price stabilization in the very near future. We do not, however, expect any large price decreases. Only small adjustments in price limited to the usual negotiation margin of 15 – 25% of the offer price. However, there are market segments where current land prices make sense for profitable real estate projects. In these cases, the active buyers have 2 options: either to go for the land acquisition, satisfied with a reasonable profit margin, or to wait for a potential further land price decrease, assuming that, if other similar projects are being delivered in the meantime, they would enter on a more competitive market environment.

PROGNOSIS

As concerns about the evolution of the macroeconomic indicators will start to ease, we expect investors to regain confidence in the absorption potential of the local real estate market.

Contact: Sinziana.Oprea@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

p. 15


2011 Colliers Real Estate Review » ROMANIA » INVESTMENT MARKET

INVESTMENT MARKET KEY INVESTMENT FIGURES Metric

Measure

Investment Turnover

¤460 Mln

Prime Office Yield

8 – 8.5%

Prime Retail Yield

9 – 9.25%

Prime Industrial Yield

9.25 – 10%

1,600

The investment market saw a sharp improvement in transaction volume last year, moving from €100 Mln in 2009 to around €500 Mln in 2010. Although many of the deals were atypical, representing cross-border acquisitions, intra-group settlements or nominal sum trade, there were, however, a number of classic investment transactions as well (around €150 Mln). The year-end brought the most notable acquisition of the past two years, that of Floreasca 169A office building, in a deal worth €100 Mln.

INVESTMENT VOLUMES, EUR MLN

1,400 1,200 1,000 800 600 400 200

|

2004

|

2005

|

2006

|

2007

|

|

2008

2009

|

2010

CLASSIC ACQUISITIONS Deal

Vendor

Purchaser

Iris Park Pitesti

Avrig 35

NEPI

Polus Constanta (85%)

Trigranit

Immofinanz

Floreasca 169A

Portland Trust

NEPI

OTHER TRANSACTIONS Deal

Type

Portfolio

Cross-border Europolis transaction

CA Immo

Tiago Oradea

Distressed sale

Unicredit

Baneasa Investments

Constanta Office Building

Sell back option

NEPI

Avrig 35

Atrium Centers

Intra-group transfer

Carpathian PLC

Atrium Shopping Centers and Arcadom

City Gate (15%)

Intra-group share deal

Bluehouse

GTC

Vitantis Shopping Intra-group Center transfer

Equest Balkan Properties

George Teleman

Intra-group transfer

Equest Balkan Properties

George Teleman

Moldova Mall Iasi

p. 16

Vendor

Purchaser

Transactions

The first half of the year was the most active in terms of transactions, with 7 deals being completed, totalling cca €300 Mln. The traded assets were mainly office buildings in Bucharest and shopping centers in the countryside. The most noteworthy deal in H1 completed locally was the Avrig 35’s sale of Iris Park Pitesti, a retail park anchored by Auchan and Bricostore to the South African investment fund NEPI for €21 Mln.

The second semester had a slower start due to the effects of the government’s austerity measures on the investors’ sentiment towards Romania. However, it ended with the keynote transaction of Floreasca 169A that marked a turning point in the crisis stricken investment market, showing a return to core asset deals. The sale of Floreasca 169A office building, which Colliers International intermediated, represents the 3rd office investment deal concluded by Portland Trust on the Bucharest market, after Opera Center (2003) and Bucharest Business Park (2005). The 36,000 Sqm building, fully occupied with strong international tenants was purchased by NEPI for €100 Mln. The end of the year saw yet another intra-group deal, the transfer of the retail schemes Vitantis Shopping Center in Bucharest and Moldova Mall in Iasi from Equest Balkan Properties to the Managing Partner of the fund, Mr. George Teleman. Players and Prices

The first semester also brought about the first large distressed sale on the market. Unicredit Bank disposed of the nearly finalized shopping center Tiago Oradea, through an auction won by Baneasa Investments for €30.5 Mln. The project was not functional at the purchase date. The largest transaction in terms of volume was the sale of Europolis’ portfolio (the real estate investment arm of Volksbank) to CA Immo. The deal was closed at the mother companies’ level in Austria. The deal included all the funds’ assets in Romania which comprise both industrial and office property evaluated at cca €200 Mln. The transaction transformed CA Immo into the second largest player on Bucharest office market after Immofinanz.

The most active player on the real estate investment market was NEPI, a South African Property Fund listed both on London Stock Exchange (on the AIM market) as well as on Johannesburg Stock Exchange, who recently announced plans to list on Bucharest Stock Exchange as well. The fund accounted for three of the main deals concluded on the national market in the past two years, namely European Retail Park Braila purchased from Belrom in 2009, Iris Shopping Center Pitesti and Floreasca 169A.

Contact: Blake.Horsley@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » INVESTMENT MARKET

INVESTMENT MARKET 14.0%

EVOLUTION OF INVESTMENT YIELDS

12.0% 10.0% 8.0% 6.0% 4.0%

|

H1 2006

|

H2 2006

|

H1 2007

|

H2 2007

|

H1 2008

|

H2 2008

|

H1 2009

|

H2 2009

|

H1 2010

▬ Office ▬ Industrial ▬ Retail

PRICE GAP NARROWINIG, FINANCING GAP CONTINUES Vendors Financiers Investors

INVESTMENT DEALS BY TYPE 27% Retail

73% Office

|

H2 2010

All in all, there are still only very few buyers on the market. Many of the private equity and institutional funds that were on the market before the crisis were still not keen on returning to Romania due both to the still high perceived risk of the local market as well as the attractive opportunities in other neighbouring or distant emerging economies. With distressed asset opportunities still way below predictions, the focus of the existing investors turned to the less risky segments, namely prime office properties and big boxes. Moreover, private equity funds are also starting to look towards development opportunities as it became increasingly difficult to meet return targets from standing assets. 2010 brought a narrowing of the gap between buyers and sellers in terms of pricing. The yield expectation of investment funds have moved down since 2009 by almost 100 basis points for prime property on all segments. However, there is still some ground that needs to be covered before we can see more transactions on the market. The gap in price expectations is also fuelled by the low availability and high price of financing. Without adequate financing conditions, private equity funds cannot meet the performance requirements on their equity and are forced to offer higher yields. With very few cash only buyers on the market, the yield gap in not expected to close unless financing policies become more relaxed or vendors are pressured to accept higher yields.

Contact: Blake.Horsley@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

Prognosis

Although not many transactions were actually completed in 2010, we saw more interest from investors and more deals initiated, which gives a positive start for 2011. Therefore, we expect to see a bigger number of classic investment transactions in 2011. Although Romania’s economy is still in its negatives, we expect the investment market to benefit from the spill-over effects of the slow but steady economic revival in the rest of Europe (not withstanding the sovereign debt crisis affecting Southern Europe). The positive economic news from the west influence Romania in two ways: —— On the one hand the good opportunities in Western and Central Europe are starting to die out leading to a compression of yields, which is expected to drive investors further East in search for better opportunities and returns. —— On the other hand, due to its close ties to the rest of Europe, Romania is seen by investors to be on the brink of restarting growth and are now following more actively the country’s progress in view of re-entering the market. The number of distressed asset deals might increase slightly in 2011, but by now all the players are resigned to the fact that we will not see the massive foreclosed sales that were predicted two year ago. All in all, the market has optimistic signs for 2011 and even though we are far from seeing sharp increases in both economic and investment activities, we do expect this year to be a turning point that will set the market on an upward trend.

p. 17


2011 Colliers Real Estate Review » ROMANIA » RESIDENTIAL MARKET

RESIDENTIAL MARKET SUPPLY BY TYPE OF PROJECT

GENERAL OVERVIEW

It has been more than two years since financial crisis hit, marking a significant change on the residential market. Prior to 2008, almost every land owner used to build residential as everything available on the market was sold out pre-completion. During the last two years, however, only financially independent developers remained active and completed their projects. At the same time, end users have become much more sensitive to prices.

10% Upper middle

37% Middle

20,000

53% Low

DELIVERIES AND STOCK EVOLUTION

15,000

SUPPLY

10,000

At the end of 2010, the new residential market offered 4,500 units in 35 projects completed or close to delivery (available from developers).

5,000 0

|

|

2007

|

2008

5,000

|

2009

▄ Deliveries

|

2010

2011F

▄ Stock

DEMAND EVOLUTION (half yearly data) Source: Colliers International

4,000 3,000 2,000 1,000 0

|

H2 2006

|

H1 2007

|

H2 2007

|

H1 2008

|

H2 2008

|

H1 2009

|

H2 2009

|

H1 2010

No new project broke ground in 2010 and one more project stopped the construction works. Moreover, in 2010, the owner of Stejarii choose to adress the leasing segment, in order to reduce the impact resulted from the poor sales activity registered during the last two years.

|

H2 2010

The supply is still dominated by low class developments, which represent 53% of the units available for sale. Around 3,900 apartments were delivered in 2010, almost equally distributed between the first and the second half of the year. Consequently, the stock reached approx. 15,000 units at the end of the year. Compared to the record number of deliveries in 2009 (6,100 units), the market registered a 36% contraction. 1 Each project on the market was included in one of the following categories (low, middle or upper middle), depending on the target clients it addresses, taking into account the location and the type of product offered.

p. 18

The number of delivered and unsold apartments continued to increase in 2010, reaching circa 3,800 units at the end of the year. The stock increase was disproportionally split over the year. During the first half of 2010, unsold new stock increased with 1,200 units. The second half of the year saw only approx. 500 units added to the stock of available and unsold units. DEMAND

Prior to the crisis, i.e. pre 2008, annual take-up of units on the market had risen to 7,000 units per annum. In 2009, this rate fell to 1,300 sold units and in 2010 it went further down to approx. 1,100 units. This has been in direct response to low economic confidence and government austerity measures that undertaken in May 2010 (such as: VAT increases and salary cuts for emplyees in the public sector). Although the general mood of buyers improved by the end of 2010, only 500 units were sold to end users in the second half of the year. Thus at the end of 2010 sales decreased by 17% compared to the first half of 2010. In 2010 buyers’ attention was on delivered units at low prices no matter the quality of the product. The last two years provided greater opportunities for those projects targeting the low income population. Even though the market was severely affected by the financial crisis, developers owning low price projects were better able to reach a saleable price to match demand and thus reap the “poor benefits” of this period. Our analysis reveals that in 2010 around 67% of the total number of sales on the market was in projects targeting the low income population. The Prima Casa program was a catalyst for this category of projects.

Contact: Daniela.Marin@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » RESIDENTIAL MARKET

RESIDENTIAL MARKET SALES BY TYPE OF PROJECT

PRICES

In 2010 the prices slid further, down 18% compared to the previous year, from €1,300/Sqm at the end of 2009 to €1,070/Sqm (VAT not included) at the end of 2010. The decrease was equally split over the year as each semester registered a decrease of around 10% compared to the previous period.

8% Upper middle

25% Middle

2,000

67% Low

PRICE EVOLUTION BY TYPE OF PROJECT

1,500 1,000 500 0

|

|

low

|

middle

|

market average

▬ Average price 2009

upper middle

▬ Average price 2010

PRICE EVOLUTION COMPARED TO PEAK VALUE H1 2008 0% -10% -20% -30% -40%

|

H2 2008 |

H1 2009 |

H2 2009 |

H1 2010 |

H2 2010 |

The reduction in the average price on the market came mainly from middle class projects. Prices in low class projects were the first to adjust to new conditions on the market. Consequently prices in these projects did not decrease significantly in 2010 (a decrease of around 7%), from €1,020 to €950/built Sqm, VAT not included. It took 6 months for prices to decrease and align to the new market conditions. Developers accepted the reduction in prices only towards the end of the first half of 2009 and consequently the prices went down by around 11% during that period. The following three semesters (H2 2009 – H2 2010), have seen a continual price decrease by approx. 8% on average. The largest decrease in prices was registered in case of the medium and upper medium projects. Following strong resistance to a decrease in prices during the second half of 2008 and 2009, projects in these categories eventually adjusted in 2010. Thus, compared to price levels existing at the end of 2009, medium class projects registered an average decrease of 16% (from €1,430 to €1,200/built Sqm, VAT not included). Projects in the upper middle class segment witnessed price falls of 20% during 2010 (from €1,860 to €1,490/ Sqm, VAT not included).

Contact: Daniela.Marin@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

PROGNOSIS

As seen in 2010 residential market performance is directly correlated with buyers’ confidence in the market, and depends greatly on the measures taken by the government. In terms of both sales rates and prices we expect to see at least the same level of performance registered in 2010 as the market stabilises. The only change of the year will be seen on the deliveries side. Most of the projects available on the market are already delivered or very close to delivery. After several years of important increases in supply, the Bucharest market is unlikely to see new significant deliveries. Hence, although developers have announced approx. 1,900 more units to be delivered in 2011 most probable a large proportion of these units will be postponed until at least 2012. Based on the premise that demand will remain stable, or perhaps grow slightly, 2011 could see developers enter the market looking for good opportunities to buy land with potential for future development.

p. 19


2011 Colliers Real Estate Review » ROMANIA » VALUATION MARKET

VALUATION MARKET PRIME YIELDS, 2010 Bucharest

Budapest

Prague

Warsaw

Office

8 – 8.5%

7.75%

7%

6 – 6.5%

Retail

9 – 9.25%

7.50%

7%

6.5 – 7%

Industrial

9.25 – 10%

9%

9%

8.25%

Prague

Warsaw

EVOLUTION OF PRIME YIELDS Bucharest

Budapest

Office

Retail





Industrial





 stable

 decrease

 stable/decrease

All real estate properties have suffered significant changes in market values over the last 3 years. What are the main elements that impact on the value of an income producing property and how were the prime developments affected by the crisis? Determined in most cases through the Discounted Cash Flow model, the market value of an income producing asset is directly influenced by the following factors: rent, vacancy rate and capitalization rate. The next question is how can we estimate these factors as accurately as possible? In the case of rent and vacancy level, we can rely on the information provided by specialized brokers. When it comes to the capitalization rate, as the number of transactions closed in the past few years is limited, a viable option is to look at similar markets in the region. Please find below the main trends on several representative markets of income producing properties. The analysis refers only to prime products located in Bucharest. Retail

The value of prime shopping centers did not suffer significant changes in the last 12 months. 2010 brought stable rents, including similar incentives for retailers as in 2009, while the average vacancy rate has shown a decrease of 5%. Based on the declared interest of investors and considering similar markets in the region, we can estimate a specific capitalization rate of 9%. As no major projects are expected to be delivered on the market next year, it is highly probable that the rent, vacancy and capitalization rates will be put under pressure. In this case, the value of the prime shopping centers will increase.

p. 20

Office

In the last year, the market values for prime office buildings maintained the same level. Looking at the indicators that influence the value, we have noticed that the vacancy rate and the rent for prime areas remained constant. However, the owners offered more incentives for tenants as compared to 2009. On the investment market we saw positive signs showing a slight compression of the capitalization rates towards 8.0%-8.5%, for buildings with sustainable rent levels. For 2011, as there are only a few deliveries announced, we expect that if the leasing pace will remain the same as in 2010, the vacancy rate will register a slight decrease. This, corroborated with more optimistic values for the capitalization rates, can bring a slight increase of value for prime office buildings. Industrial

Industrial properties in Bucharest have registered a slight decrease in value since the end of 2009. This was mainly due to a minor growth in vacancy rate of approximately 3% and the decline of the average rental levels by 5% -7%. No significant changes are expected on the industrial market in 2011, since both developers and tenants are at a standstill. Growth in values would only be likely in case of a more active market (generated by a positive economic environment). Prognosis

After analyzing all the aspects presented above, we can conclude that the market values of income producing properties are expected to register slight increases in 2011, considering the evolution of the main market indicators (rent, vacancy rate and capitalization rate). The main assumption that sustains this affirmation is the improvement of the economic setting in 2011.

Contact: Raluca.Buciuc@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com


2011 Colliers Real Estate Review » ROMANIA » BUILDING SURVEYING

BUILDING SURVEYING 400

CONCRETE - CATEGORY 25/30 (B400, M3) Source: Bursa Constructiilor Publication

350 300 250 200

|

Mar 2010

3.5

|

Apr 2010

|

May 2010

|

Jun 2010

|

Jul 2010

|

Aug 2010

|

Sep 2010

|

Oct 2010

|

Nov 2010

|

Dec 2010

REINFORCING STEEL BARS OB 37 (KG) Source: Bursa Constructiilor Publication

3.0 2.5 2.0 1.5

|

Mar 2010

24

|

Apr 2010

|

May 2010

|

Jun 2010

|

Jul 2010

|

Aug 2010

|

Sep 2010

|

Oct 2010

|

Nov 2010

|

Dec 2010

GYPSUM BOARD (RB 12.5mm/piece) Source: Bursa Constructiilor Publication

23 22 21 20

|

Mar 2010

3.5

|

Apr 2010

|

May 2010

|

Jun 2010

|

Jul 2010

|

Aug 2010

|

Sep 2010

|

Oct 2010

|

Nov 2010

|

Dec 2010

STEEL CONCRETE PC 52 (KG) Source: Bursa Constructiilor Publication

3.0 2.5 2.0 1.5

|

Mar 2010

2.0

|

Apr 2010

|

May 2010

|

Jun 2010

|

Jul 2010

|

Aug 2010

|

Sep 2010

VERTICALLY PERFORATED BRICK

|

Oct 2010

|

Nov 2010

|

Dec 2010

(240×115×138mm/piece)

1.9 1.8 1.7 Source: Bursa Constructiilor Publication 1.6

|

Mar 2010

|

Apr 2010

|

May 2010

|

Jun 2010

|

Jul 2010

|

Aug 2010

|

Sep 2010

|

Oct 2010

|

Nov 2010

|

Dec 2010

As many companies can confirm, entering a new office space is an extremely demanding and pricey process. Various companies are not transitory in nature and often relocate one time, usually as a result of space limitations. Arranging new office space is a challenging aspect in one company’s development and only few companies have got their dedicated team for coordinating such moving at scale. Consequently, they rely upon the services of specialized companies or individuals, namely project managers for fit out. There are usually two types of fit out project management services: Design & Build – the external company provides an integrated service from design to furniture supply and Traditional – the project manager ensure only the coordination of the fit-out activity since the concept until completion. Even if the Design&Buid method can be faster and has the advantage of single point of responsibility, there are significant cost advantages in choosing a project manager as he can compare and select over competing suppliers in an objective and transparent manner. Moreover: —— The tenant will benefit from one point of contact throughout the project, with daily presence onsite. —— The tenant will benefit from a study of his operations and workflow which identifies occupational needs in order to maximize the use of its new space. —— The project manager has the experience to understand contractors’ overheads, how margins and preliminaries are calculated and how to negotiate fair pricing for the tenant’s interest. —— The consultant ensures quality workmanship, on-time delivery as well as a rigorous cost control of the agreed contracts’ value.

Contact: Raluca.Laudoniu@Colliers.com  |  Research: Iuliana.Tataru@Colliers.com

Apart from the consultancy recommendations, an important aspect to be analyzed, both on traditional or fit out project management market, is the price evolution on construction materials. If 2009 was a year of price drops for the construction materials of approximately 20%, 2010 ended in an uphill trend. The first semester was overall constant, with similar prices as registered in 2009, while the changes arisen in second part of the year. Even though the general discussions in the real estate market were related to continuous decrease of the construction materials’ prices, a recent Colliers research pointed out that the trend started to be an ascending one. Analyzing the prices for those construction materials not dependent of the Romanian market, especially the ones based on steel (reinforcing steel bars, metallic sheets or pipes), we notice a significant price increase of 25%-30% since December 2010. The international producers justify this increase through rising of the raw material costs such as scrap iron, due to the shortage of the supply and the upward changes in petrol prices. However, there are still several construction materials for which the downhill trend continued in 2010, with average decreases estimated at 6%: bricks, gas formed concrete or gypsum cardboard (produced within Romania). Considering this, we do not expect a significant decrease of the constructions costs, although we assist a very competitive market and a scarcity of the commencing projects.

p. 21


2011 Colliers Real Estate Review » ROMANIA » HOTEL MARKET

HOTEL MARKET 15%

HOTEL ARRIVALS, ROMANIA

GENERAL OVERVIEW

10% 5% 0% -5% -10% -15%

|

|

2007

|

2008

|

2009

▄ Domestic

2010F

▄ International

MAIN FEEDER MARKETS - ROMANIA Country

Nights

Country

1.

Hungary

1,798

5.

Poland

Nights 228

2.

Bulgaria

765

6.

Austria

183

3.

Germany

395

7.

US

164

4.

Italy

326

8.

France

136

Bucharest 131

Number of rooms

11,405

Occupancy

55.6%

Average rate

€68.96

BREAKDOWN BY CATEGORY, BUCHAREST 10% 2 star

3% 1 star

18% 5 star

46% 4 star

23% 3 star

66% 62%

AVERAGE OCCUPANCY, BUCHAREST 64.6%

58% 56.1%

54%

55.6%

50% 46%

|

2008

¤100 ¤80

|

2009

|

2010

AVERAGE ADR, BUCHAREST

73.3%

68.9%

¤40 ¤20 0

|

2008

p. 22

|

2009

|

2010

Due to a slight increase in arrivals at the beginning of the year, the occupancy rate for 2010 reached 55.6%, a level similar to the one registered in 2009 (56.1%). Over the year, occupancy levels followed the those of 2009, with a marginally slower activity recorded in September and October. Although this looks encouraging, things were not even for all hotel categories. While hotels in the 4- and 5-star category registered small increases in occupancy, hotels in 3- and 2-star categories registered decreases. In order to fill beds, hotels chose the easy way of discounted rates and continued the price war started last year. Therefore the average rate (ADR) continued to go down and reached a yearly average of €68.9, which means, a 6% drop compared to 2009. Even so, we registered some months with higher ADR than 2009 (May, September) but also some moths well below 2009 (February, June). If we look to situation by category, the 5-star hotels register the highest decrease in ADR while the 4-star hotels stayed at the same level.

Most of the hotel openings announced for 2010 were delayed or canceled, therefore only 7 hotel openings were registered this year. Out of that, 3 were new built hotels: Ramada Oradea, Epoque Hotel (Bucharest) and City Hotel (Satu Mare) and other 4 were refurbishments: Continental Grand (Bucharest) Timisoara Hotel (Timisoara), Orizont Hotel (Predeal) and Best Western Balvanios.

As very few projects were launched in the last years, with few openings announced for 2011 and no foreseeable closures, supply is expected to remain at the same level.

Due to difficulties in raising capital and owner’s reluctance to sell at very low prices, the transaction of hotel assets registered a historical minimum of €16 Mln, a 60% drop compared to 2009. Most notable transactions were the sale of Hotel Faleza Galati for €2.6 Mln and of Hotel Piemonte Predeal for €2.5 Mln.

GDP change and airport passenger movements have been historically good indicators of hotel demand evolution. Considering that both are expected to have positive growth in 2011 (+1.5% in GDP and +10% in passenger movements) we estimate that hotel demand will also increase in 2011.

BUCHAREST MARKET

84.8%

¤60

Direct industry contribution was 5.1% to GDP, and 6.1% to employment, one of the lowest figures in Europe, and well below neighboring countries. The presence of international hotel chains is still very limited, only 7.6% of the room inventory being affiliated to a hotel group, and generally all are concentrated in Bucharest. Main hotel chains present in Romania are Windham Hotel Group (1,808 rooms), Accor (1,221 rooms) and Best Western (1,072).

KEY FIGURES & DISTRIBUTION Number of hotels

After a consistent decrease of arrivals in 2009, hotel activity continued to go down in 2010 for both domestic and international travelers, by 6.5% on average. The most important room nights generators were European countries especially those close proximity including like Hungary, Bulgaria and Austria.

The Bucharest hotel market is mainly based on business and events related activities. As the economic situation continued to depreciate in 2010, hotel activity followed the same trend, and posted an overall decrease of 4%.

PROGNOSIS

In this context hotel activity will start to recover, especially with regard to occupancy. While rates will follow the same trend and start to rise this will be at a much slower pace.

Contact: Lucian.Marinescu@trendhospitality.com


2011 Colliers Real Estate Review » ROMANIA » LEGAL OVERVIEW

LEGAL OVERVIEW Basic Forms of Title

With some exceptions, land may be owned, used and transferred freely in Romania without any limitation as to the surface area of the land. Each transfer of land, irrespective of the legal nature of the agreement (e.g. sale and purchase agreement, donation, etc.) is subject to the notarised form of the agreement (i.e. authentication by a notary public), under the sanction of absolute nullity of the alienation/ transfer deed. The ascertainment of nullity may be requested in court by any interested person. Prior to notarisation the fiscal record of land as well as the land registry must be inquired. Should any inconsistency occur concerning the land’s status, the notary public shall refrain from notarising the transfer. Other forms of property right, less than full ownership, are usufruct, use, surface right, servitude and habitation - all in rem rights. The agreement’s notarisation is required in case of such special rights. Long-term leases are common for commercial purposes, although a lease of land is insufficient for granting construction permits. In such cases, a surface right should be granted. According to the recent amendments of the construction regulations, the ownership, use, usufruct, surface right and servitude are in rem rights based on which a building permit can be obtained. As opposed to them, the rights arising out of a lease agreement, an assignment agreement, a free lease agreement and a concession agreement might offer only a limited right to build, under certain strict conditions. Restituted land may be subject to restrictions on transferability for a period of time (e.g., although the land acquired by way of reconstitution of title can be freely transferred, the land acquired by way of “constitution of title” is subject to a 10-year interdiction to sell), and certain limits exist on the amount of agricultural and forest land that may be owned by a person as a result of the restitution process. “Constitution of title” means granting land to certain categories of individuals that were never owners of such

land or did not inherit such land from former owners. For instance, “constitution of title” may refer to granting land to: (i) members of the former agricultural cooperatives who did not contribute land in such cooperatives; or (ii) persons who performed agricultural works for a cooperative, although they were not members in such cooperative. Acquisition of Real Estate by Foreigners

Following the Romanian legislation on the subject matter (Law 312/2005) as from January 1, 2007, i.e. the date of Romania’s EU accession, EU nationals and legal entities, as well as the stateless persons domiciled in EU and having established their residence in Romania can purchase/acquire land under the same conditions as Romanian citizens. In terms of the agricultural or forest land, farmers acting independently, being EU nationals or stateless persons domiciled in Romania or stateless persons domiciled in EU having Romanian residence, can acquire agricultural and forest land as of January 1, 2007, under the interdiction of changing the agricultural or forest purpose of such land during the phase-in period. Non-resident EU citizens and EU legal entities may acquire land after a five-year phase-in period and agricultural and forest land after a seven-year phase-in period calculated from EU accession. Non-EU foreign persons and legal entities may acquire land in Romania in accordance with international treaties based on reciprocity. All foreign persons, regardless of nationality or residence, may directly own buildings in full property, although they do not have the ownership right over the land. In practice, in such case the surface right is granted, in a way in which the foreigner person will benefit from the ownership title over the building and the right of use of the land. In any case, EU citizens and other foreign persons may acquire land by way of legal inheritance. However, in case such foreigners

are not allowed to own land in Romania, they are obliged to sell the land and get the counter value of it. Nonetheless, notary publics in Romania are still reluctant to notarise the acquisition of land with foreign persons, regardless of the legal provisions on the matter at hand. For such reason it is an accepted and common practice on the Romanian real estate market for foreign persons to own land indirectly through legal entities incorporated in Romania, even if such entities are wholly owned by a foreign entity or person. Registration System

In order to be opposable to third parties, all acquisitions of real property and other in rem rights must be registered in the real estate registry (Land Registry) kept by the local office of the Agency for Cadastre and Real Property Publicity of the Ministry of Administration and the Interior. Registering a change in ownership normally takes at least one week. However, it is expected that the introduction of computerised databases and Internet access will make the operation of the Land Registry far more efficient and reliable in the future. Certain amendments to the Land Registry regulations were enacted in 2009, referring, inter alia, to: (i) repealing the provisions according to which, in the regions whereby an old registration system was applicable, the registrations may be performed pursuant to the old rules until the opening of the new Land Registries based on the new Land Registry law No. 7/1996; (ii) certified copies of the documents required from a Land Registry will not display personal data, save for some specific cases; (iii) new items that may be mentioned (in Romanian - "notate") in the Land Registry (e.g., prohibition to lease, sub-divide or merge plots, prohibition to build, demolish, restructure and organise; the opening of the insolvency proceedings); (iv) the ownership rights and other in rem rights shall be registered based on deeds ascertaining their creation or transfer, if those deeds have been concluded with the observance of the validity conditions regarding the form required by law; (v) the new amendments allow the registration of a

p. 23


2011 Colliers Real Estate Review » ROMANIA » LEGAL OVERVIEW

LEGAL OVERVIEW merger of neighbouring plots, even if such plots pertain to different owners; (vi) the procedure regarding the registration in the Land Registry of the existence of a lawsuit in connection with a real property has been simplified, such registration is allowed based on a simple copy of the relevant Court action, bearing the stamp of the relevant Court, rather than only based on an official Court certificate. Transfer Taxes

The disposition of real property may trigger the payment of (i) 16% profit tax in case the Seller is a company (other than those designated as micro-enterprises), charged on the capital gain computed based on the fiscal value of the real property, (ii) transfer tax calculated at the transaction value in case the seller is a physical person (in this case the tax ranges between 1% and 3%, and may exceed such threshold, depending on the transaction value and period of ownership). Starting from January 1st, 2007, notarising sale-purchase contracts involving real estate is free of stamp tax. Leases

While certain standard requirements exist for contracts for residential leases, landlords and tenants are largely free to negotiate most aspects of both residential and nonresidential leases. Rent may be freely agreed by the parties. There are no rent control laws, although a few categories of persons still benefit from state-subsidised housing. Romanian law does not set a minimum or maximum term for leases but nevertheless provides some rules. For instance, hereditary leases are forbidden, and leases cannot be perpetual. Foreigners may lease property directly, but a lease that could be characterized as an effective sale (e.g., a 90-year lease) would certainly be invalid. To be opposable to third parties, lease agreements exceeding three years and concession agreements should be registered with the Land Registry. If lease agreements do not exceed three years, their date should be certified for opposability purposes by a notary public, a lawyer or by following any other procedure provided by the law.

p. 24

Restitution Claims

Former owners whose property was nationalised under the communist regime were entitled to seek restitution under several laws, as long as they provided adequate supporting documentation and no compensation was made at the time of confiscation. The most important as well as disputed provisions are rendered by Law 10/2001, regarding real estate abusively taken over by the state between March 6, 1945 and December 22, 1989, which became the overreaching framework governing the restitution process and leaving very few cases to be settled in accordance with specific other legislation, especially with Romanian Civil Code. These provisions completing the internal legal framework are meant to be applied to the extent that the international agreements and arrangements of human rights preservation do not provide otherwise. Notwithstanding this general rule, Romanian case-law was frequently inconsistent with the case-law of the European Court of Human Rights. Most types of claims should have been filed by the cut-off date of February 14, 2002 and supporting documentation by the date of the claims’ resolution. Many of these restitution claims are still pending before competent authorities or the courts and are likely to take years to resolve conclusively. Regardless of the special laws, such as Law 10/2001, some claimants were relying on the Civil Code, and sometimes Romanian courts appeared sympathetic to such claims. Such situation was meant to generate uncertainty and significant adverse consequences for citizens’ rights as well as for investors’ economic interests. However, current property evolution in Romania is constantly improving, subject to a decisive process of clarification. Following an appeal of the General Prosecutor’s office aiming to clarify the issue on whether such Civil Code claims are acceptable for the Courts, the Supreme Court of Justice rendered a ruling which appears to leave open the path of Civil Code restitution claims, based on the prevalence of the European Convention on Human Rights, without prejudice to another ownership right or to the

civil circuit security. Although in theory the solution of the Supreme Court of Justice in this case should be compulsory to other courts, nonetheless the outcome of such debates and the approach of such other courts as to the above aspects cannot be predicted. Topics as to restitution process under Law 10/2001 have been debated in front of the European Court of Human Rights, in a pilot-judgment procedure. On 12 October 2010, the European Court of Human Rights rendered the decision on the pilot-judgment procedure. In brief, the Court stated that there had been a violation of the European Convention on Human Rights and held that Romania must take measures to secure an effective compensation mechanism. The Court noted that, by May 2010, out of a total of 68,355 files registered with the Romanian Restitution Authority (ANRP) only approximately 21,000 had resulted in a decision awarding a “compensation certificate”, and that fewer than 4,000 payments had been effectively made. The Court also noted the very substantial cost to the State budget represented by the compensation scheme, and that the listing of the Property Fund (due in 2005), had still not been accomplished by the date of the pilot judgment. This implementation of an effective compensation mechanism for the successful restitution claimants could eventually become an actual topic, even though certain progress has been made in the listing of the Property Fund. Notaries and Notarial Fees

Mortgages, transfers of real property and granting other in rem rights must be notarised by a notary public. The fee charged for the service rendered by the notary public is negotiable depending on the transaction value, and in case of real property transfers, generally ranges from approximately 0.5% to 2.5%.


2011 Colliers Real Estate Review » ROMANIA » TAX SUMMARY

TAX SUMMARY GENERAL

Several changes to Romanian tax legislation were enacted in 2011 of which the most important concern corporate tax. CORPORATE TAX, INCOME TAX AND CAPITAL GAINS TAX

Taxable profits are determined by reference to accounting profits, recognized in accordance with Romanian accounting standards, subject to certain specific adjustments as provided by corporate tax law. The standard corporate tax rate is 16%. Capital gains realized by corporate entities from sale of assets are deemed to be corporate profits and are taxed at 16%. Income realized by individuals from transfers of real estate are subject to lower tax rates. Capital gains derived by individuals from sale of securities, other than shares in limited liability companies and securities in closed companies, are subject to 16% personal income tax rate, irrespective of the period for which the securities are held (previously, a preferential 1% tax rate was available where securities were held for at least 365 days). Income from immovable property located in Romania is subject to 16% capital gains tax. Income from immovable property located in Romania includes mainly income from the rental or the grant of use of immovable property located in Romania, gains from the sale-assignment of rights of ownership or other rights related to immovable property located in Romania and gains from the sale-assignment of participation titles in a legal entity, if at least 50% of its fixed assets derive directly or indirectly from real estate located in Romania. Non-Romanian vendors may be entitled to claim Romanian tax exemption under double taxation treaties where applicable. Certain double tax treaties (e.g. that with Germany, France, Austria) provide special regimes for capital gains similar to the Romanian rules if the shares being sold derive more than 50% of their value from real estate located in Romania. There are no corporate tax consolidation rules in Romania.

Contact: mgibbins@kpmg.com

TAX DEPRECIATION

The following depreciation methods are available for tax purposes: —— Straight-line method. —— Reducing balance method (may be applied only to certain assets) —— Accelerated depreciation method (may be used for technological equipment such as machinery and installations, computers and related equipment). The accelerated method allows for a deduction of 50% of the cost of the asset during the first year of operation. Land and goodwill cannot be depreciated for tax purposes. Buildings can be depreciated only using the straight line method. The tax depreciation period for buildings is between 40 and 60 years. Certain assets attached to a building can be treated as separate movable assets for tax purposes and therefore can be depreciated over a shorter period. TAX LOSSES

Tax losses can be carried forward and deducted from taxable profits recorded during the following seven years on a First In First Out (FIFO) basis (tax losses incurred before 2009 are to be carried forward for a five years period). Tax losses recorded by companies that cease to exist as a consequence of a merger or de-merger cannot be taken over by the surviving company after the merger or de-merger. There is no withdrawal of the tax losses carry-forward right on change of ownership or activity. Tax losses can only be carried forward, not carried back.

restriction of deductibility is determined before the calculation of the debt-to-equity ratio. Interest which is non-deductible after the application of this rule is permanently non-deductible. Interest expenses are wholly deductible if the debt-to-equity ratio of the borrowing company is less than three-to-one. If the debt-to-equity ratio is three-to-one or more (or negative), interest expenses are nondeductible (but not permanently nondeductible – see below). However, interest and foreign exchange losses relating to loans received from Romanian or foreign banks, non-banking financial institutions (including leasing companies), mortgage credit companies, and other regulated lending institutions are exempt from the scope of thin-capitalization rules. Any interest which is not deductible due to the lender having negative equity or debt to equity ratio higher than 3 to 1, can be carried forward to be deducted against income earned in future periods, if and when the company’s debt-to-equity ratio falls below the relevant thresholds. If foreign exchange losses suffered by a company in relation to any monetary item exceed the foreign exchange gains, then the deductibility of net foreign exchange losses is subject to the same restrictions as interest. Starting 2010, under the Romanian law, unrealized foreign exchange differences on monetary items are recognized on a monthly basis and are taxable or deductible upon corporate tax calculation (subject to potential thin-capitalization deductibility restrictions).

THIN CAPITALIZATION

There are two basic Romanian thincapitalization rules to be considered, as follows: Deductibility of interest is restricted to 6% for non-RON denominated loans and to the level of the interest rate of the NBR corresponding to the last month of the quarter for loans denominated in RON. This limitation is applicable for each loan. The

WITHHOLDING TAX

The standard Romanian withholding tax rate is 16%. However, the rate can be reduced by double tax treaties. As at 1 January 2011, Romania had double-taxation treaties with more than 87 countries.

p. 25


2011 Colliers Real Estate Review » ROMANIA » TAX SUMMARY

TAX SUMMARY DIVIDENDS

A 16% dividend tax rate applies on dividends paid to non-residents (whether individuals or companies). Starting 2011, dividends paid to corporate shareholders resident in the European Union or EFTA countries are tax exempt. Under the EU’s Parent Subsidiary Directive, dividend payments made by a resident legal entity to an EU legal entity which holds at least 10% of the Romanian entity’s shareholding for a period of at least two years are exempt. Similar exemption applies for dividend payments made by a resident legal entity to an EFTA legal entity which holds at least 10% of the Romanian entity’s shareholding for a period of at least two years. INTEREST AND ROYALTIES

A 0% withholding tax rate applies for income derived from interest and royalties, if the effective beneficiary of this income is a legal entity which is located in an EU Member State or EFTA State or a permanent establishment of a company from an EU Member State, located in another EU Member State or EFTA State. This rate applies, provided that the effective beneficiary of the interest or royalties owns at least 25% of the securities of the Romanian legal entity for an uninterrupted period of at least 2 years, which terminates at the date of the interest or royalties payment. REQUIREMENTS TO APPLY THE EU’s DIRECTIVES

Starting with 1 January 2010 in order to apply the provisions of the EU’s Directives, a non-resident should provide Romanian companies with an affidavit stipulating that the first fulfills the mandatory condition of being beneficiary. REAL ESTATE TAX

Real estate tax comprises land tax and building tax. The tax on land is determined by taking into account the surface of the land in square meters, the status of the locality where the land is located, and the area and/ or category of use of the land, in accordance with relevant decisions issued by the local council where the land is located. For

p. 26

companies the tax on buildings is usually determined based on the gross book value of the building at a rate between 0.25% and 1.5% while for individuals the tax on buildings is pre-determined depending on the type of building. For building tax purposes, if a company has not performed a revaluation of its building for 3 consecutive years then starting with the 4th year it is generally liable to an increased building tax rate of up to 10% of the gross book value of the building. REAL ESTATE TRANSFER TAX

Transfers of real estate may result in land/ building registry taxes and notary fees of up to 1% of the value of the transaction.

unimproved or improved land on which buildings may be erected according to Romanian legislation. Rental of real estate is also VAT exempt without the right of deduction. For both rental and sale of real estate properties, companies may opt to charge VAT and when they do so, a formal notification must be submitted to the tax authorities stating that the company has opted to charge VAT for the rental or sale of the buildings or part of buildings which it owns and operates. VAT grouping is allowed only for certain categories of VAT payers.

VALUE ADDED TAX

Starting 1 July 2010, the standard VAT rate in Romania is 24%. A reduced rate of 9% is applicable for certain supplies of goods and services. A special VAT rate of 5% is applicable for sales of dwellings to certain categories of the population as part of the Government’s social programme. Supplies of buildings, parts of buildings and land are VAT exempt without the right of deduction (meaning that any input VAT incurred on the relevant expenditures is not allowed to be offset against output VAT, but should be borne by the company as an extra cost). However, there is an exception for supplies of so-called “new” buildings which are subject to VAT provided that the taxpayer has deducted all or part of the VAT incurred in relation to the costs of the building (or has the right to deduct VAT for such costs). In order to qualify for supplies of “new” buildings subject to VAT, certain conditions must be met on a cumulative basis. Romanian tax law specifies that the “sale of a new building” is deemed to occur if the building is sold no later than 31 December of the year following the year of its first occupation or use. “New buildings” also include (i) altered buildings whose structure, nature or function has been modified or (ii) buildings for which the value of improvements exceeds 50% of their market value, assuming there has been no change in their structure, nature or function. Building land is defined as any

Contact: mgibbins@kpmg.com



Floreasca Business Park 169A Calea Floreasca, Building A, 7th floor Bucharest 1, 014459, Romania Phone: +4021 319 77 77 Fax: +4021 319 77 78

www.colliers.com


Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.