Tag: Real Estate Investment Trust

  • Impact of Credit Rating Downgrade on a Country’s Economy and Real Estate Industry

    “If you’re not going to put money in real estate, where else?”

    – Tamir Sapir, Business mogul

    By Realttorney®

    Photo by Markus Spiske on Pexels.com

    According to the World Risk Index 2022, the Philippines is the most disaster-prone country in the world with an index score of 46.86 due to high risk, exposure, and vulnerability. The vulnerability is caused by the number of tropical cyclones that visit the country annually, the location of the country in the Pacific Ring of Fire and typhoon belt, and finally, poverty and underdevelopment.

    Meanwhile, the Global Risks Report 2023 disclosed that the top risks faced by the Philippines in the next two years are natural disasters and extreme weather events. In connection with this, a World Bank economist stated that climate change effects, like rising temperatures and sea levels, intensified droughts, and stronger typhoons can slash the GDP of any country by 13.6% in 2024.

    “In the absence of government interventions, these disasters inflict the greatest suffering on the poorest”, the economist said. Now, rising debt cost is one facet of the overall damage that climate change is already causing. This in turn can impact the credit ratings of a country like the Philippines, through a credit downgrade by international credit rating agencies.

    When a country’s credit rating is downgraded by credit rating agencies such as Fitch Ratings, Moody’s, or Standard & Poor’s, it signifies that the perceived creditworthiness of that country has diminished. This downgrade can have a cascading effect on various sectors of the economy, including the real estate industry. Understanding these implications is crucial for real estate professionals, investors, and policymakers.

    What is the economic impact of a credit downgrade?

    Increase in Borrowing Costs: A downgrade typically leads to higher interest rates on government bonds and other debt instruments. We saw this during the time of the Marcos Sr. administration. This increase in borrowing costs can ripple through the economy, making financing more expensive for businesses (big corporations and MSMEs) and individuals alike.

    Capital Outflows: Investors (especially foreign) may view the downgraded country as riskier, leading to capital outflows as they seek safer investment opportunities elsewhere. This can result in a depreciation of the country’s currency and further exacerbate inflationary pressures.

    Reduced Foreign Direct Investment: Downgrades can deter foreign direct investment (FDI) as investors become wary of the heightened risks associated with the country. This can constrain economic growth and lead to a slowdown in various sectors, including real estate.

    What is its impact on the real estate industry?

    Decline in Demand for Real Estate: As borrowing costs rise and economic uncertainties mount, demand for real estate often declines. The decline in the demand for real estate may affect the residential, office, and commercial segments, as well as the industrial segment, especially if the interest expense (borrowing costs) are sustained for two years or more.

    High interest rates greatly affect the willingness of a person to purchase a house and lot, a condominium unit, or a farm lot. This is so when the purchase will be made through a mortgage. Of course, cash is king. A cash purchase often leads to a great discount on the asking price for the real property.

    Liquidity Constraints: Tighter credit conditions can make it difficult for developers and property owners to refinance existing debt or secure new financing. This can result in liquidity constraints and, in severe cases, lead to defaults and foreclosures.

    As it is, real estate is an illiquid asset. Combining this with a tight credit market, property owners encounter extreme challenges during this inopportune time.

    Stalled Development Projects: Reduced access to financing and higher borrowing costs can stall new development projects. We all saw this from 2020 to 2022, as a result of the Covid 19 pandemic. Major real estate developers in the Philippines have been scrambling to restart projects that were forced into hibernation during COVID-19.

    Moreover, planned developments that lay in wait on the drawing boards were dusted off in 2023. Why? Because demand is, of course, expected to firm up, too. The 2023 Colliers Global Investor Outlook for the Philippines forecasts a rise in both value and volumes of real estate properties, with annual growth rates of 0.7 percent and 2 percent, respectively, versus 2022.

    Financing constraints can have a long-term impact on the supply of real estate inventory, potentially leading to imbalances in certain segments of the market. Unfortunately, I do not know of a metric that measures exactly the number of real estate units already built and the number of real estate units that will be built in the next 1 to 3 years.

    Shift in Investor Sentiment: Downgrades can alter investor sentiment towards the real estate sector. Institutional investors, such as real estate investment trusts (REITs) and private equity firms, may re-evaluate their asset allocation strategies, potentially reducing exposure to the downgraded country.

    To be clear, when looking at the impact of interest rates on an investment such as a REIT, the relationship of rate to price can be seen as similar to a bond’s relationship with interest rates. When interest rates decline, the price of a bond goes up because its coupon rate becomes more desirable. When interest rates increase, the price of bonds decreases.

    Similarly, when interest rates decrease, REITs’ high yields become more attractive, and their prices go up. When interest rates increase, the yield on a REIT becomes less attractive and that pushes its price down.

    Policy Responses: In response to a credit rating downgrade, governments may implement austerity measures, fiscal consolidation, or monetary tightening to restore confidence. While these measures are intended to stabilize the economy, they can also dampen consumer sentiment and investment activity in the real estate sector.

    Another significant factor that might affect the demand and costs for real estate is legislation. There are a few ways the government might temporarily increase demand for real estate: tax credits, deductions, and subsidies. You can spot possibly erroneous patterns and changes in supply and demand by being aware of the existing government incentives.

    For example, maybe it is time to revisit the bill filed by Sen. Sonny Angara in 2014, known as the Home Mortgage Relief Act, which will give tax incentives to Filipinos who are qualified as first-time homebuyers.

    For context, the Philippines has experienced credit rating upgrades and downgrades from 1986 up to 2001. The country’s creditworthiness has a direct bearing on its ability to attract foreign investment and maintain stable economic growth.

    In the context of the real estate industry, a downgrade could potentially slow down the growth trajectory observed in the last 2 years, affecting property values, investment activity, and development projects, in general.

    In summary, a country’s credit rating downgrade can have far-reaching implications for its economy and, by extension, the real estate industry. While the precise impact may vary depending on a range of factors, including the country’s underlying economic fundamentals and policy responses, it is crucial for real estate professionals to monitor these developments closely. Mitigating risks, diversifying portfolios, and maintaining a long-term perspective are key strategies to navigate the complexities arising from credit rating downgrades.

    How will you use this information to serve your clients? Let us start a conversation about this.

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    Atty. Jojo is a real estate attorney, an estate planning attorney, a licensed real estate broker, and a PRC-accredited Lecturer/ Speaker for Training Programs in Real Estate. He is committed to helping new and veteran real estate service practitioners be well-informed of the latest laws, rules, regulations, and information relevant to the real estate service sector.

  • REIT Lapses into Law

    The bill providing the regulatory or legal framework for Real Estate Investment Trusts (REIT) lapsed into law last December 17, 2009 according to the Office of the President. REITs are companies that own and operate income-producing real-estate assets such as apartment buildings, hotels, shopping malls and even highways that collect toll fees.

    Under Section 27 (1), Article VI of the Constitution, every bill that Congress passed shall be presented to the President for his/her approval or veto. If the he approves the bill, he shall sign the same. On the other hand, if the bill is not vetoed within 30 days after date of receipt of the said bill then “it shall become a law as if he had signed it.”

    The REIT Law is now Republic Act No. 9856. It allows companies to publicly list their income-generating  real-estate assets in the stock market as a means to generate fresh capital to invest further in real estate assets for the benefit of the investing public. The law provides certain tax incentives to the REIT. However, in order to enjoy these incentives, the REIT must be listed with a stock exchange and maintain its status as a listed company and annually give out at least 90 percent of its distributable income to shareholders

    The law is another piece of legislation that hopes to spur the development of the local capital market. The Implementing Rules and Regulations (IRR) will be issued by the Securities and Exchange Commission (SEC), and the tax features will be crafted by the (DOF) Department of Finance and the Bureau of Internal Revenue (BIR) within 90 days from the date of approval of the law – roughly on or before March 17, 2010.

  • Bill on REITs Signed into Law by November 2009?

    The Congress of the Philippines is getting closer to enacting a law that will regulate Real Estate Investment Trusts (REITs) in the country.

    As mentioned earlier, the House of Representatives last June 3, 2009 approved on Third Reading House Bill No. 6379 (An Act Providing the Legal Framework for Real Estate Investment Trusts and for Other Purposes). The bill is authored by Rep. Juan Edgardo M. Angara of the Lone District of Aurora and was filed last May 19, 2009.

    Meanwhile, Senate Bill No. 63 (An Act Providing the Regulatory Framework for Real Estate Investment Trusts and for Other Purposes) was filed last June 30, 2007 by Sen. Edgardo J. Angara. On September 24, 2008, the Committees on Banks, Financial Institutions and Currencies and Ways and Means approved the substitution of Senate Bill No. 63 to Senate Bill No. 2639, as per Committee Report No. 103.

    Senate Bill No. 2639 is entitled “An Act Providing the Regulatory Framework for Real Estate Investment Companies and for Other Purposes.” It was approved on third reading last March 2, 2009. Two days later, the Senate sent a copy of Senate Bill No. 2639 to the House of Representatives requesting for concurrence.

    On August 11, 2009, the House requested the Senate for a conference on the disagreeing provisions of Senate Bill No. 2639 and House Bill No. 6379. The Bicameral Conference Committee was scheduled on July 29, 2009. Another conference committee is scheduled sometime in September 2009 to iron out the remaining disagreeing provisions of SBN 2639 and HBN 6379.

    If all goes well then by late September the Bicameral Conference Committee Report will be ratified by both chambers of Congress. Soon thereafter, the bill will be sent to Malacañan for the signature of the President sometime in the first week of November 2009.

  • Real Estate Investment Trust Act of 2009

    Another important piece of legislation that real estate service professional must take notice of is the bill known as the Real Estate Investment Trust Act of 2009.

    Hon. Juan Edgardo M. Angara, Representative of the Lone District of Aurora filed the bill in May 19, 2009. HB 6379 is entitled “AN ACT PROVIDING THE LEGAL FRAMEWORK FOR REAL ESTATE INVESTMENT TRUSTS AND FOR OTHER PURPOSES”. It was approved on Third Reading last June 3, 2009.

    For further information on REITS, kindly read the online new report by clicking on the link below: http://www.businessmirror.com.ph/home/economy/14084-house-bill-proposes-to-regulate-real-estate-investment-trusts.html

    A similar bill was filed by Sen. Edgardo J. Angara in June 30, 2007 at the Senate of the Philippines. Senate Bill No. 63 is entitled “AN ACT PROVIDING THE REGULATORY FRAMEWORK FOR REAL ESTATE INVESTMENT TRUSTS AND FOR OTHER PURPOSES”. Although Sen. Angara has issued a press statement that the passage of the said Senate bill in the 14th Congress is imminent. However, there is no evidence at this time to verify the veracity of such a statement.

    According to the bill, a “real estate investment trust” (REIT) is a stock corporation formed for the sole purpose of investing in income-producing real estate assets. Income producing properties include apartment buildings, office buildings, warehouses, medical facilities, hospitals, mixed industrial/office buildings and other commercial and residential properties.

    Sen. Angara says that in other jurisdictions, the real estate investment trust regime has also been used to help develop the tourism industry by building resorts, hotels, shopping centers, outlets as well as develop other infrastructure projects like highways, railroads, prisons, and other similar projects

    The Gentleman from Aurora argues that main the purpose of REIT is to provide small and large investors alike with the opportunity to participate directly in the ownership and financing of large-scale real estate projects at affordable rates of investment, without the disadvantages of illiquidity, high transaction and management costs, as compared to traditional private real estate ownership.

    When the bill is enacted to law, REITs shall be allowed to invest in real estate, whether freehold or leasehold, in or outside of the Philippines; real estate-related assets, listed or unlisted debt securities and listed shares of or issued by local or foreign non-property corporations; government securities issued on behalf of the Philippine Government or governments of other countries and cash and cash equivalent items.

    This legal framework is designed to provide a similar structure for investments in the real estate industry in the same manner that mutual funds provide for investment in stocks and securities.

    More on REITs in future posts…