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Volume 2, Issue 29, Oc<strong>to</strong>ber 4th 2007<br />

Inside REFIRE<br />

REFIRE is a twice-monthly report focused<br />

on providing market intelligence and back-<br />

ground analysis <strong>to</strong> finance professionals in<br />

German and continental European real es-<br />

tate investment.<br />

Whatever your particular area of specialisa-<br />

tion, we think you’ll find timely, incisive infor-<br />

mation within our pages, helping <strong>to</strong> inform<br />

you of the key deals, the numbers, the mar-<br />

kets, the players and the people.<br />

The areas we focus on are:<br />

US Funds in Europe<br />

European REITs<br />

German Real Estate Finance<br />

German Non-Performing Loans (NPLs)<br />

Retail Property Funds<br />

Mortgage Securitisation<br />

CMBS/RMBS<br />

French SIIC’s<br />

Refinancing<br />

Euro-zone Property Financing<br />

REFIRE has an extensive network of con-<br />

tacts in the field of continental European real-<br />

estate finance, which enables us <strong>to</strong> bring you<br />

the latest and most relevant news. However,<br />

we always want <strong>to</strong> know more about what’s<br />

going on in this booming sec<strong>to</strong>r, so make<br />

sure your company is keeping us informed<br />

of your moves. Send your media communi-<br />

cations <strong>to</strong> news@refire-online.com for our<br />

consideration.<br />

CONTENTS in this Issue:<br />

DEALS ROUNDUP / from page 3<br />

EDITORIAL / page 4<br />

REPORT - / LOGISTICS page 10<br />

UPCOMING EVENTS / page 13<br />

PEOPLE…JOBS…MOVES / page 20<br />

SUBSCRIPTION FORM / page 22<br />

Austria’s conwert Immobilien in<br />

major vertical expansion move<br />

The Vienna-listed residential property inves<strong>to</strong>r conwert Immobilien, who has been expanding<br />

rapidly in Germany through joint ventures and acquisitions over the past year,<br />

<strong>to</strong>ok a major step last week <strong>to</strong> becoming a substantial European real estate group. It is<br />

buying 25 property management companies and service providers throughout Austria<br />

and Germany, including buying its German asset management partner, the Heilbronnbased<br />

Alt & Kelber Group. It also announced plans <strong>to</strong> convert itself in<strong>to</strong> a European SE<br />

(Societas Europaea) <strong>to</strong> simplify its managment structure.<br />

This is a very significant move for the<br />

Austrian company, which will extend its<br />

business from pure real estate investment<br />

in<strong>to</strong> property management and real estate<br />

services. In this vertical move up the<br />

value chain, conwert is buying 25 Austrian<br />

management and service providers, the<br />

management company conwert Management<br />

GmbH, Vienna-based ECO<br />

Management GmbH and Germany’s Alt<br />

& Kelber Group. All in all, conwert is paying<br />

about €216m for the acquired companies.<br />

The Austrian management companies<br />

are being bought from the Wiener<br />

Privatbank Immobilien Invest AG, with<br />

the other Austrian service providers being<br />

bought directly. In Germany, Alt & Kelber<br />

founder and chief executive Jürgen Kelber<br />

is also selling his company directly <strong>to</strong><br />

conwert, but like the Austrian companies<br />

apart from the Wiener Privatbank group,<br />

plans <strong>to</strong> reinvest all after-tax proceeds<br />

(about 70% of gross proceeds) in<strong>to</strong> conwert<br />

shares. A syndicate of all the selling<br />

shareholders are expected <strong>to</strong> table an offer<br />

of �€15.00 per share for a stake of about<br />

10% in conwert, about 16% above the<br />

current share price.<br />

The deal is subject <strong>to</strong> an extraordinary<br />

shareholders meeting scheduled for Oc<strong>to</strong>ber<br />

25th, at which shareholders will also<br />

vote <strong>to</strong> approve conwert’s change of legal<br />

status in<strong>to</strong> that of a European SE (Societas<br />

Europaea). This new form of European<br />

incorporation will also mean sweeping<br />

changes in conwert’s management structure,<br />

with a one-tier board system with one<br />

...page 2<br />

Hypo Real Estate €�5bn takeover<br />

of Depfa now complete<br />

In the long-awaited takeover of Dublinbased<br />

Depfa Bank by Hypo Real Estate,<br />

the European Commission last week gave<br />

the all-clear for the �€5.0 billion deal, saying<br />

the transaction would not significantly<br />

impede effective competition in the EU. A<br />

final hearing in the Irish courts this week<br />

ratified the merger deal..... see page 2<br />

Merger scrapped between<br />

DG Hyp and Münchener Hyp<br />

In what came as a surprise <strong>to</strong> the markets<br />

last week, the two co-operative mortgage<br />

banks, the Hamburg-based DG<br />

Hyp, a subsidiary of DZ Bank, and the<br />

Munich-based Münchener Hyp, called<br />

off their planned merger. see page 4<br />

German business confidence<br />

takes another dive<br />

The IFO Institute’s Business Climate Index<br />

for Germany has fallen again in September,<br />

for the fourth month in a row, from<br />

105.8 in August <strong>to</strong> 104.2. The index is<br />

now at its lowest level since February<br />

2006. see page 17<br />

German banks seek talks<br />

with Ministry <strong>to</strong> make<br />

Pfandbrief more attractive<br />

Gerrmany’s Pfandbrief-issuing banks are<br />

seeking talks with Berlin’s Ministry of Finance<br />

<strong>to</strong> make amendments <strong>to</strong> the law<br />

governing the issuing of Pfandbriefe,one of<br />

Germany’s most successful financial innovations.<br />

see page 10


REFIRE<br />

Real Estate Finance<br />

Intelligence Report Europe<br />

Operating Office<br />

REFIRE<br />

Habsburgerallee 95<br />

60385 Frankfurt am Main, GERMANY<br />

Tel: +49-69-49085-785<br />

Fax: +49-69-49085-804<br />

Email: news@refire-online.com<br />

<strong>Managing</strong> Edi<strong>to</strong>r:<br />

Charles Kings<strong>to</strong>n<br />

Tel: +49-69-49085-785<br />

Fax: +49-69-49085-804<br />

Cell: +49-172-8572249<br />

Email: edi<strong>to</strong>r@refire-online.com<br />

Subscriptions:<br />

Tel: +49-69-49085-785<br />

Fax: +49-69-49085-804<br />

Email: business@refire-online.com<br />

Advertising:<br />

Tel: +49-69-49085-785<br />

Fax: +49-69-49085-804<br />

Email: advertising@refire-online.com<br />

Edi<strong>to</strong>rial Advisory Board:<br />

Klaus H. Hausen<br />

Colm O’Cleirigh, B.Arch.Sci.<br />

Margarete May, Rechtsanwältin<br />

David Scrimgeour, MBE<br />

Christian Graf von Wedel<br />

Publisher:<br />

REFIRE Ltd.,<br />

49 Sandymount Avenue,<br />

Ballsbridge<br />

Dublin 4, Ireland<br />

Real Estate Finance Intelligence Report Europe<br />

(REFIRE) is published 22 times a year, at the beginning<br />

and in the middle of each month, with<br />

two holiday breaks. REFIRE is edi<strong>to</strong>rially independent<br />

of any selling or investing institutions. Information<br />

contained in REFIRE is under copyright<br />

protection and is based on sources believed <strong>to</strong><br />

be reliable, though their complete accuracy cannot<br />

be fully guaranteed. Neither the information<br />

contained in REFIRE nor the opinions expressed<br />

therein constitute or are <strong>to</strong> be construed as constituting<br />

an offer or solicitation of an offer <strong>to</strong> buy<br />

or sell investments. REFIRE accepts no liability<br />

for actions based on the information herein.<br />

© 2007 REFIRE Ltd.<br />

board of direc<strong>to</strong>rs made up of executive<br />

and non-executive direc<strong>to</strong>rs. The radical<br />

new structure aims <strong>to</strong> pool all real estate,<br />

investment and management expertise<br />

in one board, which will include current<br />

board members conwert founder Günter<br />

Kerbler, current CEO Johann Kowar,<br />

ECO Business Immobilien AG CEO Friedrich<br />

Scheck, existing management board<br />

members Franz Zwickl, Andreas Nittel<br />

and Alexander Zartl, Jürgen Kelber of<br />

Alt & Kelber, and others.<br />

Conwert and ECO Management have<br />

already worked on several Austrian projects<br />

<strong>to</strong>gether. Conwert, with 105 employees,<br />

leads the market in Austria in the<br />

re-development of older residential properties,<br />

while ECO is specialised in commercial<br />

real estate, with a staff of 24. All<br />

of the other property service providers are<br />

already working with conwert in the areas<br />

of property management, insurance, brokerage<br />

and construction. They <strong>to</strong>tal about<br />

74 employees, who will now all move inhouse.<br />

Alt & Kelber has a staff of 220 in its<br />

wide-ranging offices throughout Germany,<br />

and has long years of experience in residential<br />

privatisation, asset management<br />

and property broking.<br />

The move <strong>to</strong> the new status of European<br />

SE is also a major step (but likely <strong>to</strong><br />

be followed in the coming years by several<br />

other German and Austrian companies, we<br />

think). The conversion from a joint-s<strong>to</strong>ck<br />

corporation under Austrian law (an “AG”,<br />

or Aktiengesellschaft) does not involve a<br />

material change in the legal identity of the<br />

company, and headquarters will remain<br />

in Vienna. Nor does it involve changes in<br />

shareholders’ rights, publication requirements<br />

under s<strong>to</strong>ck exchange law or shareholders’<br />

particiapation in the company, but<br />

it will have sole administrative body (the<br />

“Verwaltungsrat”), in accordance with international<br />

standards. This is in contrast<br />

<strong>to</strong> the normal structure of an “AG”, with its<br />

two-tier board structure, consisting of the<br />

Aufsichtsrat (Supervisory Board) and the<br />

Vorstand (Management Board).<br />

2<br />

REFIRE: All of this restructuring is aimed<br />

at improving the <strong>to</strong>tal year’s profit figures,<br />

from its currently expected �€110m <strong>to</strong><br />

�€138m. conwert also plans <strong>to</strong> start paying<br />

dividends in 2008 <strong>to</strong> its shareholders,<br />

and also said it plans a share buyback<br />

program. Conwert CEO Johan Kowar<br />

said that undoubtably the current market<br />

situation had played a part in forcing the<br />

company’s hand <strong>to</strong> make major changes,<br />

and that it was less likely that companies<br />

such as conwert could in future rely on<br />

capital increases, as in the past, <strong>to</strong> finance<br />

expansion.<br />

Whispers circulating in sceptical circles<br />

in Vienna, that the selling partners might<br />

drag their feet in investing all the proceeds<br />

back in<strong>to</strong> conwert s<strong>to</strong>ck, were rejected<br />

by Kowar as groundless. He said that,<br />

while he couldn’t speak for the group as a<br />

whole about accepting a “lock-up” period<br />

for their shares, he himself as a beneficiary<br />

(as owner of conwert Management GmbH)<br />

certainly would have no problems with the<br />

stipulation.<br />

Germany/Mergers & Acquisitions<br />

Hypo Real Estate �€5bn takeover<br />

of Depfa gets green<br />

light<br />

In the second- last hurdle remaining in<br />

the long-awaited takeover of Dublin-based<br />

Depfa Bank by Hypo Real Estate, the<br />

European Commission last week gave the<br />

all-clear for the �€5.0 billion deal, saying the<br />

transaction would not significantly impede<br />

effective competition in the EU. A final<br />

hearing in the Irish courts this week ratified<br />

the merger deal.<br />

The EU authority said that the combined<br />

entity would still face sufficient competition<br />

from a number of opera<strong>to</strong>rs in its<br />

key business segments, but said that its<br />

examination showed that there were only<br />

limited overlaps between Hypo Real Estate<br />

and Depfa, particularly in the area of<br />

jumbo covered bonds issued under German<br />

law. These jumbo bonds are highly


3<br />

.................................................<br />

DEALS ROUNDUP<br />

standardised and liquid, with an issuing<br />

volume of at least �€1 billion.<br />

Hypo Real Estate is offering �€6.80<br />

and 0.189 new Hypo Real Estate shares<br />

for each Depfa share, valuing each share<br />

of Depfa at about �€14.20. Depfa Bank,<br />

which specialises in financing public sec<strong>to</strong>r<br />

projects, will remain based in Dublin, and<br />

the <strong>to</strong>tal number of employees of Depfa<br />

and Hypo Real Estate will remain the<br />

same, with 180 Hypo public sec<strong>to</strong>r financing<br />

staff moving <strong>to</strong> Dublin <strong>to</strong> join the 300<br />

Depfa staff there. Dublin will become the<br />

new centre for the enlarged Hypo’s public<br />

sec<strong>to</strong>r financing division.<br />

Last week, more than 90% of the shareholders<br />

in Depfa agreed <strong>to</strong> the merger with<br />

Hypo, despite the value of the deal falling<br />

by 12% in the last two months. The outgoing<br />

deputy CEO of Depfa, Matthias<br />

Mosler, said that despite the fall in Ger-<br />

man financial s<strong>to</strong>cks, the merger still represented<br />

a premium of 17-18% <strong>to</strong> Depfa<br />

shareholders, with its share price having<br />

risen by 2% because of the interest in the<br />

proposed merger. “We think the premium<br />

is still close <strong>to</strong> the premium we saw at the<br />

time of the (original) announcement, because<br />

we would have lost value as well”,<br />

he said.<br />

Mr Mosler said the deal should allow<br />

for the cross-selling of real estate products<br />

in<strong>to</strong> the private sec<strong>to</strong>r market, and could<br />

also lead <strong>to</strong> the “monetisation of huge<br />

public sec<strong>to</strong>r holdings”. After the shareholder<br />

vote, Mosler said, “The deal went<br />

through all the kinds of asset tests you can<br />

imagine. It stayed firm from day one <strong>to</strong> voting.<br />

Depfa is a public sec<strong>to</strong>r bank. We‘re<br />

lucky that our portfolio is involved in safe<br />

assets.”<br />

On general market conditions, Mr Mosler<br />

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www.refire-online.com<br />

said the bank was still raising finance and<br />

generating new business despite the market<br />

turbulence. On its refinancing costs,<br />

he said, “We are very comfortable in terms<br />

of funding and we are comfortable in terms<br />

of new business. For trading operations<br />

the market environment has been more<br />

difficult, as for any other bank”.<br />

To fund the purchase, Hypo Real Estate<br />

will increase its capital by about 50% by issuing<br />

67 million new shares, meaning some<br />

58% of the purchase price will be covered<br />

by new equity. The remaining share of<br />

the purchase price will be in cash, which<br />

Hypo Real Estate plans <strong>to</strong> raise through a<br />

�€450 million manda<strong>to</strong>ry convertible bond.<br />

The takeover is Germany’s biggest financial<br />

services deal since Allianz <strong>to</strong>ok over<br />

Dresdner Bank six years ago.<br />

Last week Hypo said a German shareholder<br />

has filed a court case against the<br />

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.................................................<br />

EDITORIAL<br />

Banks: Mea Culpa, Mea Maxima Culpa<br />

The collective outpouring of relief on the<br />

markets this week was audible, as one<br />

after another the big banks lined up <strong>to</strong><br />

confess the extent<br />

of the damage suffered<br />

by their balance<br />

sheets in the<br />

third quarter. All<br />

were rewarded with<br />

a prompt rise in their<br />

share prices, as the<br />

markets concluded<br />

that, if the worst is now known, the extent<br />

of the overall carnage is therefore measurable.<br />

So, back <strong>to</strong> business as usual then?<br />

Not quite. While the world is still awash<br />

with cash, the global market for mortgage<br />

credit is going <strong>to</strong> remain extremely sticky<br />

for the next several quarters, as things<br />

work themselves out. Borrowers will pay<br />

more, and will have <strong>to</strong> provide more equity,<br />

than in the past. The previous ‘normality’,<br />

that borrowers and lenders hope <strong>to</strong> return<br />

<strong>to</strong>, is no more.<br />

In Germany, prices for commercial<br />

properties are already headed downwards,<br />

particularly for assets of average <strong>to</strong><br />

medium quality. While a time lag is <strong>to</strong> be<br />

expected for sellers <strong>to</strong> adjust <strong>to</strong> the new<br />

harsher scenario, we believe that the market<br />

is now reflecting the reality of price reductions<br />

amounting <strong>to</strong> two years’ annual<br />

rental income, and sometimes more.<br />

A common feature of real estate conferences<br />

in Germany is for the speakers<br />

<strong>to</strong> analyse Germany’s modern real estate<br />

his<strong>to</strong>ry, finishing their presentations as<br />

they bring us up <strong>to</strong> the present date. Understandable,<br />

perhaps, in light of the tec<strong>to</strong>nic<br />

changes the once-sleepy industry<br />

has been undergoing in Germany over the<br />

past three years. But it was refreshing <strong>to</strong><br />

listen <strong>to</strong> Ralph Winter, managing direc<strong>to</strong>r<br />

of the Swiss-based Corestate Capital and<br />

an ex-Cerberus man, urging his audience<br />

at a gathering in Berlin recently <strong>to</strong> take a<br />

more forward view on the German market,<br />

and draw a line under the recent past.<br />

All is changed, changed utterly, he said.<br />

The big deals of more than €500m using<br />

high levels of leverage are barely possible<br />

any more, he added, echoing the current<br />

experience of several big market participants.<br />

By contrast with the earlier group of<br />

‘locust’ inves<strong>to</strong>rs, the new wave of inves<strong>to</strong>rs<br />

in Germany, made up of smaller groups,<br />

no longer have a clear exit strategy. The<br />

previous exit route favoured by the opportunistic<br />

groups, of s<strong>to</strong>ck exchange listings,<br />

REITs or privatisation, are now blocked off.<br />

Privatisation hasn’t worked, as companies<br />

have been unwilling <strong>to</strong> show that they can<br />

only achieve a price of �€1,500 per sq.m,<br />

rather than the hoped-for �€2,000. We<br />

don’t need financial geniuses any more, he<br />

said, we just need people who can do the<br />

daily work of adding sustainable value <strong>to</strong><br />

their acquired assets.<br />

We couldn’t agree more. Visi<strong>to</strong>rs <strong>to</strong><br />

next week’s EXPO REAL in Munich are<br />

likely <strong>to</strong> find that Asset Management is<br />

the key issue in German real estate now.<br />

In this issue we report on two significant<br />

deals which are symp<strong>to</strong>matic of this new<br />

reality. The first is the move by the Austrian<br />

conwert Immobilien <strong>to</strong> expand up the real<br />

estate value chain by acquiring a stable<br />

of asset management partners with local<br />

financial and property expertise. The second<br />

is the swift action being taken, under<br />

the watchful eye of US inves<strong>to</strong>r Oaktree<br />

Capital Management, by Berlin’s GEHAG,<br />

<strong>to</strong> consolidate control over its properties<br />

from the boardroom financing right down<br />

<strong>to</strong> the level of the jani<strong>to</strong>rs clearing the paths<br />

of winter snow. All in the interests of keeping<br />

cus<strong>to</strong>mers (tenants) happy, and thus<br />

more willing <strong>to</strong> extend their lease contracts,<br />

sign a contract in the first place, or accept<br />

rent increases for a higher value service.<br />

That’s the route ahead.<br />

Charles Kings<strong>to</strong>n, Edi<strong>to</strong>r<br />

from page 3<br />

4<br />

company <strong>to</strong> challenge the legality of the<br />

acquisition, but added in a statement that<br />

a court in Munich will only rule upon this<br />

suit after completion of the transaction. It<br />

said it “believes the announced proceedings<br />

have no merits.”<br />

REFIRE: Whatever the merits of the miffed<br />

German shareholder’s case, the entire<br />

deal was somewhat unconventional, and<br />

circumvented the German regulation authorities’<br />

having a say in the process under<br />

EU takeover rules. Had the deal gone<br />

ahead under the conventional offer process,<br />

Germany’s BaFin (financial regula<strong>to</strong>r)<br />

would have had jurisdiction between two<br />

essentially German companies.<br />

But with Depfa being located in Ireland,<br />

it is the Irish regula<strong>to</strong>r who has sole jurisdiction<br />

because the parties chose <strong>to</strong> operate<br />

under a ‘scheme of arrangement’, a legal<br />

procedure in Ireland and the UK whereby<br />

the target company’s shares are cancelled<br />

and then re-issued <strong>to</strong> the bidder in return<br />

for which the bidder pays the consideration<br />

<strong>to</strong> the target company’s shareholders.<br />

Such a scheme of arrangement also<br />

enables the bidder <strong>to</strong> be exempted from<br />

stamp duty, which would be sizeable on a<br />

deal like this.<br />

Germany/Banking<br />

Merger between DG Hyp<br />

and Münchener Hyp is<br />

called off<br />

In what came as a surprise <strong>to</strong> the markets<br />

last week, the two co-operative mortgage<br />

banks, the Hamburg-based DG Hyp, a<br />

subsidiary of DZ Bank, and the Munichbased<br />

Münchener Hyp, called off their<br />

planned merger.<br />

We reported in the July 18th issue<br />

of REFIRE that the two companies had<br />

signed a Memorandum of Understanding<br />

for their two firms <strong>to</strong> merge, creating<br />

a new bank called Münchener Hypothekenbank,<br />

which would become Germany’s<br />

third-largest mortgage bank and would be


5<br />

based in Munich. The majority of the new<br />

shares in the new entity were <strong>to</strong> be held by<br />

the larger DG Hyp, with major clients continuing<br />

<strong>to</strong> be the co-operative Volksbank<br />

and Raiffeisen banks. Even a few weeks<br />

ago DG Hyp was expressing confidence<br />

that their stable would soon be strengthened<br />

by Münchener Hyp’s strong position<br />

in residential property finance.<br />

However, the deal now seems <strong>to</strong> have<br />

been definitively called off. DG Hyp is now<br />

<strong>to</strong> be restructured within the DZ Bank<br />

group and its traditional strengths in commercial<br />

property finance are <strong>to</strong> be the new<br />

focus. Its new residential mortgage finance<br />

business is being ceded <strong>to</strong> fellow-DZ Bank<br />

subsidiary Bausparkasse Schwäbisch<br />

Hall, although DG Hyp will continue <strong>to</strong><br />

handle the 250,000 private mortgages fi-<br />

............................................................<br />

DEALS...DEALS...<br />

The Danish fund group Kristensen,<br />

Aalborg brought its German holdings<br />

<strong>to</strong> over �€1 billion by buying a further retail<br />

centre, this time in Wuppertal-Barmen.<br />

The latest project has 11,000<br />

sq.m. and is rented out <strong>to</strong> retailers such<br />

as Drogerie Müller, New Yorker,<br />

Reno, and electronic s<strong>to</strong>re Saturn<br />

Hansa. Kristensen now has over 50<br />

prime properties on main shopping<br />

streets in large and mid-sized <strong>to</strong>wns,<br />

eight office buildings and over 18,000<br />

residential apartments.<br />

Merrill Lynch has set up a new joint<br />

venture with the Frankfurt-based Wertgrund<br />

Immobilien <strong>to</strong> buy residential<br />

properties in German growth locations,<br />

for later privatisation <strong>to</strong> tenants. The<br />

joint venture, of which Merrill Lynch will<br />

be 85% partner, plans <strong>to</strong> invest up <strong>to</strong><br />

€�400m buying either individual properties<br />

or taking over smaller companies.<br />

Wertgrund is a privatisation specialist in<br />

the Rhine-Main area, and asset man-<br />

nanced by it through the Volksbanken and<br />

Raiffeisen banks. Münchener Hyp will remain<br />

independent and will aim <strong>to</strong> expand<br />

its domestic and international commercial<br />

property business on its own.<br />

In a joint statement, the two banks said<br />

they had been unable <strong>to</strong> agree on “certain<br />

fundamental aspects of the merger”. This<br />

is likely <strong>to</strong> have been the stake each bank<br />

would have held in the new entity, with the<br />

smaller but financially stronger Münchener<br />

Hyp pulling the plug on the deal.<br />

The scrapping of the merger will not<br />

prevent big change at DG Hyp in Hamburg,<br />

however. Referring <strong>to</strong> the residential<br />

mortgage market, DG Hyp’s CEO Hans-<br />

Theo Macke said, “Private mortgage finance<br />

has become such a brutally <strong>to</strong>ugh<br />

business that it doesn’t make sense for us<br />

www.refire-online.com<br />

<strong>to</strong> be doing this business in several parts<br />

of our group. Our new strategy will, however,<br />

cost jobs.” DG Hyp would now concentrate<br />

on commercial property, he said,<br />

which “has been showing great growth<br />

recently. Our international business has<br />

nearly doubled compared <strong>to</strong> last year”.<br />

The Treasury division (refinancing loans<br />

via Pfandbriefe) and Credit Treasury (buying<br />

and selling loan portfolios) will remain<br />

in Hamburg, where the bank has 400 of its<br />

600 employees.<br />

Germany/Securitisation<br />

DTZ Germany launches new<br />

German securitisation vehicle<br />

Against a backdrop of tightening and more<br />

ages over 3,000 properties throughout Germany. Their partners include Comes Real<br />

and the Buchanan Capital Group.<br />

Go-ahead Irish property company Ballymore Properties, headed by Sean Mulryan,<br />

has made its first major move in<strong>to</strong> Germany by buying the prestigious Ku’damm-Karree<br />

complex on Berlin’s Kurfürstendamm for �€155 million. The complex was bought<br />

from Eurocastle Investments, a subsidiary of the US private equity group Fortress,<br />

who said that it had made a �€23m profit on the deal, after all expenses, since buying<br />

the property at the end of 2006 from DB Real Estate. The property which has had a<br />

chequered past, has over 63,000 sq.m. of prime lettable space, a 23-s<strong>to</strong>ry office block<br />

16,000 sq.m of retail space, and 1,150 parking spaces in its garage, but will require<br />

major re-development. Ballymore, which specializes in mixed-use developments, has<br />

recently been involved in major development projects in Prague and Bratislava.<br />

Cologne-based Vivacon AG has increased its property holdings by a further 1,850 residential<br />

and commercial units in a variety of off-market deals involving subsidiary companies.<br />

The residential units are mainly in Bremen, Schleswig-Holstein, Lower Saxony and<br />

North Rhine-Westphalia. The purchased properties, which amount <strong>to</strong> a <strong>to</strong>tal area of over<br />

118,000 sq.m., have overall tenancy rates of around 95%. The deals bring Vivacon’s<br />

residential holdings <strong>to</strong> over 10,300 units, which does not include a further 4,400 units<br />

which are held through WIAG, Vivacon’s joint venture with Forum Partners.<br />

Troubled Austrian Bank BAWAG P.S.K., a subsidiary of American private equity firm<br />

Cerberus, intends <strong>to</strong> raise around �€500 million through the sale of some of its real<br />

estate holdings in Vienna, Graz and Innsbruck by the end of this year. A portfolio of<br />

15 buildings, which has a <strong>to</strong>tal area of about 140,000 sq.m. and includes the bank’s<br />

headquarters, is <strong>to</strong> be sold. Bawag intends <strong>to</strong> lease back the Viennese buildings which<br />

it currently occupies and also plans a sale of further properties in 2008.


expensive credit lines in Germany as elsewhere,<br />

international property advisor DTZ<br />

launched a new securitisation vehicle in<br />

Frankfurt last week, <strong>to</strong> enable property<br />

companies and individuals <strong>to</strong> convert future<br />

rental income in their properties in<strong>to</strong><br />

cash.<br />

DTZ is working with Albis Securitisation<br />

AG and specialist financial law firm<br />

Nordhues & Cie <strong>to</strong> offer the new financing<br />

instrument, which will securitise the cash<br />

flow on future rental income independent<br />

of lending banks. The three partners will<br />

handle the complete process, from portfolio<br />

valuation, tax and legal due diligence,<br />

structuring and rating the paper and placing<br />

it on the capital markets. The paper will<br />

be sold using the Albis platform which has<br />

already handled securitisation volumes of<br />

over �€1 billion, since initially being set up<br />

in 2005. The partners are estimating the<br />

volume for the new niche security product<br />

at between €�5bn and �€10bn over the next<br />

two years.<br />

According <strong>to</strong> Raffaele Lino, the CEO<br />

of DTZ Corporate Finance in Frankfurt,<br />

the partners are already in discussion with<br />

property companies <strong>to</strong> put <strong>to</strong>gether the<br />

first portfolios, with the first paper scheduled<br />

for placement on the capital markets<br />

by the end of March 2008. Lino sees the<br />

product as being an alternative <strong>to</strong> sale-andleaseback,<br />

but with the difference being<br />

that, instead of selling their properties and<br />

renting them back, they sell them <strong>to</strong> their<br />

own company and bundle the rents in<strong>to</strong> a<br />

bond, but remain the owner of the property.<br />

Lino also sees the product as being<br />

interesting for Germany municipalities, who<br />

are keen <strong>to</strong> privatise property holdings but<br />

are increasingly wary of resistance from<br />

their communities, in what has become a<br />

thorny political issue in Germany.<br />

What is certainly clear is that inves<strong>to</strong>rs<br />

are going <strong>to</strong> look much more closely in future<br />

at the quality and the origin of securitisations,<br />

and they will have <strong>to</strong> be priced<br />

over Euribor accordingly. While the DTZ<br />

product is similar <strong>to</strong> a CMBS, (and nobody<br />

is denying that the market for CMBS products<br />

is not exactly rosy right now), it does<br />

seem <strong>to</strong> have a lot more risk-transparency<br />

for the capital markets inves<strong>to</strong>r. Whereas<br />

with a CMBS, the inves<strong>to</strong>r is reliant on the<br />

origina<strong>to</strong>r’s due diligence and the assessment<br />

of the rating agencies, the DTZ product<br />

permits inves<strong>to</strong>rs <strong>to</strong> scrutinise the rent<br />

receivables and access information on the<br />

commercial tenants making up the rentroll,<br />

in a way not possible with the traditional<br />

CMBS product.<br />

Dr Claus-Rainer Wagenknecht, the<br />

chairman of Albis Securitisation AG, over<br />

whose platform the products will be sold,<br />

said he sees increasing demand for financial<br />

products independent of the lending<br />

banks. “It’s not just the current credit<br />

crunch that will cause the cost of credit <strong>to</strong><br />

6<br />

rise in the future. Bank mergers in Germany<br />

and elsewhere will also lead <strong>to</strong> lowered<br />

lines of credit in the medium- <strong>to</strong> longer<br />

term….We think this is an interesting<br />

niche market, which should establish itself<br />

quickly.”<br />

Germany/Asset Management<br />

Sweeping changes at GEHAG<br />

in Berlin following merger<br />

with Deutsche Wohnen<br />

It seems <strong>to</strong> be all go at the Berlin housing<br />

company GEHAG since we reported<br />

on the company in our July 18th issue of<br />

REFIRE.<br />

At that time, listed German residential<br />

property specialist Deutsche Wohnen<br />

AG merged with GEHAG <strong>to</strong> create the second-largest<br />

German listed housing company,<br />

with over 50,000 residential units.<br />

About 85% of GEHAG was owned by US<br />

private equity inves<strong>to</strong>r Oaktree Capital<br />

Management, with German bank HSH<br />

Nordbank owning the remaining 15%.<br />

Deutsche Wohnen bought the company<br />

for a combination of cash, shares and<br />

convertible bonds which valued GEHAG<br />

at about €1.84 billion, with Oaktree ending<br />

up with nearly 25% of Deutsche Wohnen’s<br />

shares.<br />

Hermann Dambach, Oaktree’s business<br />

manager for Germany said, follow-<br />

...see page 10


7<br />

www.refire-online.com


REFIRE Series<br />

German Market Report:<br />

S<strong>to</strong>rage and Logistics<br />

Property<br />

S<strong>to</strong>rage and logistics properties account<br />

for around 840 million sq.m.<br />

of Germany’s 1.9 billion<br />

sq.m. of commercial and<br />

industrial space, and demand<br />

for logistics facilities<br />

has increased strongly in<br />

recent years, according <strong>to</strong> a report by<br />

Düsseldorf-based AENGEVELT-RE-<br />

SEARCH. Around 8.5 million sq.m.<br />

of space is added <strong>to</strong> the sec<strong>to</strong>r each<br />

year.<br />

Inves<strong>to</strong>r demand for logistics properties<br />

has continued <strong>to</strong> increase in recent<br />

years. The <strong>to</strong>tal transaction volume for<br />

commercial and industrial properties<br />

reached about �€8.9 billion in 2006, up<br />

around 60% on the previous year, with<br />

approximately a third of this figure being<br />

accounted for by logistics properties.<br />

AENGEVELT predict that the <strong>to</strong>tal<br />

transaction volume in the commercial/<br />

industrial sec<strong>to</strong>r will be around €�12<br />

billion in 2007 but, while 2006 was a<br />

boom year in logistics property, 2007<br />

will see more modest<br />

advances.<br />

About 1.8 million<br />

sq.m. of shed space<br />

was let or sold in<br />

the “Big Seven” regions<br />

(Berlin, Düsseldorf,<br />

Frankfurt,<br />

Hamburg, Cologne,<br />

Stuttgart and Munich) in 2006. Hamburg<br />

showed itself <strong>to</strong> be the most important<br />

of these regions, with around<br />

514,000 sq.m. of space being turned<br />

over in 2006, though this figure is set<br />

<strong>to</strong> fall <strong>to</strong> around 280,000 sq.m. in<br />

2007. This will be marginally ahead of<br />

Frankfurt, where turnover of 270,000<br />

sq.m. is predicted for 2007, down from<br />

296,000 in 2006, and Munich, where<br />

turnover will remain at last year’s levels<br />

(240,000 sq.m.). Turnover in Berlin<br />

will almost halve <strong>to</strong> 150,000 sq.m. in<br />

2007, while a big drop will also be seen<br />

in Düsseldorf (down <strong>to</strong> 130,000 sq.m.).<br />

A marginal increase in turnover,<br />

<strong>to</strong> 210,000 sq.m., is<br />

predicted for Cologne. The<br />

report predicts that around<br />

�€1.8 billion will change hands<br />

in commercial/industrial property deals<br />

in these seven regions in 2007.<br />

Rents for logistics space declined<br />

in Germany between 2001 and 2004,<br />

before making a slight recovery since<br />

2005. Average rents across Germany<br />

are now around �€5.40 per sq.m. for<br />

new facilities and €�4.00 per sq.m. for<br />

existing properties. Of the “Big Seven”<br />

regions, rents for new logistics space<br />

are highest in Hamburg (around �€6.50<br />

per sq.m.) and lowest in Berlin (around<br />

€4.50 per sq.m.). The report indicates<br />

that increased building costs are a fac<strong>to</strong>r<br />

behind the rent rises for newly built<br />

facilities.<br />

Purchase prices for commercial land<br />

remains relatively<br />

stable, though are<br />

rising in selected<br />

regions: peak prices<br />

are �€500 per<br />

sq.m. in Munich<br />

(�€400 per sq.m.<br />

in 2006), �€310 per<br />

sq.m. in Hamburg<br />

(�€300 per sq.m. in<br />

2006) and �€100 per sq.m. in Leipzig<br />

(�€60 per sq.m. in 2006). Purchase prices<br />

for commercial and industrial property,<br />

which had been in decline until<br />

around 2003, added considerably more<br />

than one year’s net rent <strong>to</strong> the multiple<br />

in the period from 2005 <strong>to</strong> 2007. Yields<br />

have become correspondingly compressed,<br />

though are still high compared<br />

<strong>to</strong> other types of property. According <strong>to</strong><br />

the report, yields for <strong>to</strong>p logistics properties<br />

are currently around 7.0%, while<br />

median gross initial yields in the sec<strong>to</strong>r<br />

as a whole are 8.9%. However, AEN-<br />

GEVELT have been recently encountering<br />

cases where the current market turbulence,<br />

the rising interest rate climate,<br />

higher capital requirements and other<br />

fac<strong>to</strong>rs, such as asset class or location,<br />

have resulted in price reductions of up<br />

<strong>to</strong> two years rent.<br />

Despite the overall lower turnover<br />

figures in 2007, the report indicates average<br />

vacancy rates of around 5%, with<br />

the highest vacancy rates <strong>to</strong> be found in<br />

Frankfurt and Munich. In both these<br />

locations, the pace of development of<br />

new space has been, and continues <strong>to</strong><br />

be, well above average.<br />

AENGEVELT are confident that the<br />

coming years will see a growth in demand<br />

for high value production facilities<br />

and multifunctional logistics space, as<br />

a result of an improved economic outlook<br />

and increased flow of commodities<br />

across international borders. Hamburg<br />

is set <strong>to</strong> remain one of the most important<br />

areas in the logistics market and<br />

the medium term will also see considerable<br />

growth in the sec<strong>to</strong>r in Bremen,<br />

Halle-Leipzig and the Kassel/North<br />

Hesse regions.<br />

While the report predicts that logistics<br />

will remain the most important sec<strong>to</strong>r<br />

for many domestic and international<br />

inves<strong>to</strong>rs in the coming years, it warns<br />

that the upside potential in this area may<br />

be quite limited, given the current high<br />

purchase price multipliers and relatively<br />

stable rents. It also warns that the continuing<br />

trend for shorter contract durations<br />

for logistics properties increases<br />

the risk of loss of revenues.<br />

8


9<br />

REFIRE Regional Report<br />

TLG Immobilien Report: -<br />

Eastern German property<br />

market on the up.<br />

The real estate market in eastern Germany<br />

has been showing healthy growth, paralleling<br />

the economic upturn of the region, according<br />

<strong>to</strong> a recent report from Berlin-based<br />

property inves<strong>to</strong>r TLG Immobilien.<br />

With the growth in GDP of eastern Germany<br />

at 3.0% in 2006, compared <strong>to</strong> 2.6%<br />

in western Germany, the number of real estate<br />

transactions in the east rose by 16%<br />

in 2006, though cash turnover was up a<br />

massive 63% <strong>to</strong> �€22.23 billion. Around<br />

two-thirds (€�14.38 billion) of this figure was<br />

spent in Berlin. The GDP gap is set <strong>to</strong><br />

widen further in 2007 (3.3% growth in the<br />

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east versus 2.5% in the west).<br />

Turnover in the Berlin property market was<br />

up 51% in 2006. Office prices were up in<br />

central, suburban and fringe areas, with rents<br />

of €�20-€23 per sq.m. being achieved for well<br />

appointed premises in A1 locations. Rents<br />

for retail properties were largely stable, though<br />

rents for small premises (up <strong>to</strong> 100 sq.m.) in<br />

the city centre were up. Residential rents in<br />

2006 were up by around 5.8% in the city.<br />

Prices for development land in commercial<br />

and industrial areas are rising in many<br />

parts of the region, with the highest values<br />

outside of Berlin being Dresden (�€190 per<br />

sq.m.), Potsdam (�€175 per sq.m.) and<br />

Leipzig (�€130 per sq.m.). Top rents for retail<br />

properties rose in Leipzig and Dresden<br />

<strong>to</strong> �€120 per sq.m. (per month) and €�90<br />

www.refire-online.com<br />

per sq.m. respectively. In addition, 2006<br />

saw the office market in eastern Germany<br />

achieve its highest turnover since 2000,<br />

with 105,000 sq.m. changing hands, a<br />

17% increase on the previous year.<br />

The report notes the effect of sinking<br />

unemployment and a state-backed urban<br />

regeneration program on the residential<br />

property market. The highest prices for detached<br />

homes were in Potsdam (�€150,000-<br />

€450,000), where rents for modernized<br />

and newly built homes were around �€8 per<br />

sq.m. The office market is also recovering,<br />

with vacancy rates markedly down in<br />

Leipzig, Magdeburg and Ros<strong>to</strong>ck. The<br />

report attributes much of the increase <strong>to</strong> the<br />

involvement of foreign inves<strong>to</strong>rs attracted<br />

by reasonable prices and upside potential<br />

for the coming years.


.......from page 6<br />

ing the deal, “The merger of GEHAG in<strong>to</strong><br />

Deutsche Wohnen gives rise <strong>to</strong> a platform<br />

that will help shape the consolidation of the<br />

German housing market, and from which<br />

we will profit in the long term.”<br />

Since then, GEHAG’s people seem <strong>to</strong><br />

be sweeping in<strong>to</strong> control at the newlymerged<br />

company. Just this week, Andreas<br />

Lehner, CEO of Deutsche Wohnen<br />

since 2004, resigned <strong>to</strong> be replaced by<br />

Michael Zahn, previously the sole CEO<br />

at GEHAG. Other personnel changes are<br />

also in full swing.<br />

GEHAG also announced a new partnership<br />

with Berlin-based Gegenbauer Property<br />

Services GmbH <strong>to</strong> handle the asset<br />

and facility management of the group’s<br />

expanded property holdings throughout<br />

Germany, a task previously handled by<br />

thirty-one of GEHAG’s own people. The<br />

GEHAG team will now be integrated in<strong>to</strong><br />

Gegenbauer’s operations from January<br />

2008.<br />

The decision <strong>to</strong> go with Gegenbauer<br />

was made after several months’ negotiating<br />

with potential asset and facility management<br />

partners. GEHAG’s CEO Michael<br />

Zahn said the choice of partner was “above<br />

all, for our tenants, a major win in terms<br />

of sustainable quality and service…In addition,<br />

by working with external partners<br />

we can lower our costs by an average of<br />

20%.”<br />

Germany/Financing<br />

IVG Immobilien opens �€1.35<br />

billion new line of credit<br />

The Bonn-based IVG Immobilien,<br />

Germany’s second-largest listed property<br />

company, has established a new 7-year<br />

line of term loans and revolving credit with<br />

17 banks, which it said would improve its<br />

liquidity by more than �€1 billion.<br />

The new line of credit replaces existing<br />

arrangements of �750m put in place in<br />

July 2005 as well as other bilateral lines of<br />

credit. Interest payable on the new credit<br />

lines, which were issued by a consortium<br />

of IVG’s own house banks, is tied in with<br />

the company’s overall level of debt. IVG<br />

said that with lenders oversubscribing <strong>to</strong><br />

lend it money, it was able <strong>to</strong> increase its<br />

credit line <strong>to</strong> �€1.35 bn from the originally<br />

planned �€1.2bn. The company said that<br />

the term loan was attracting an initial interest<br />

rate margin of 0.60% above Euribor,<br />

while the revolving loans were charging a<br />

margin of 0.50% above LIBOR.<br />

IVG recently confirmed financing of<br />

��€1bn<br />

from Hypo Real Estate for its acquisition<br />

of an office building portfolio from<br />

insurance group Allianz (see REFIRE issue<br />

August 31st), a ‘core portfolio’ for one of<br />

its special purpose vehicles, consisting of<br />

a long-term loan and an equity purchase<br />

bridging loan.<br />

Separately, IVG said it had sold its tank<br />

s<strong>to</strong>rage division, part of its �€1.4 billion underground<br />

caverns business, <strong>to</strong> TanQuid<br />

Zweite GmbH, a private equity group<br />

belonging <strong>to</strong> the Australian inves<strong>to</strong>r Macquarie<br />

Group. IVG got �€58 million for<br />

the sale of the division, which has a s<strong>to</strong>rage<br />

capacity of over 1.1m cubic metres.<br />

TanQuid Zweite is one of the largest independent<br />

tank s<strong>to</strong>rage service providers in<br />

Germany. IVG plans <strong>to</strong> expand its large<br />

volume underground caverns operations,<br />

in which it s<strong>to</strong>res oil and gas, by a further<br />

90 caverns.<br />

Germany/Disposals<br />

DaimlerChrysler and Sony<br />

selling prestige Berlin properties<br />

Industrial firms DaimlerChrysler and<br />

Sony were reported this week <strong>to</strong> putting<br />

their trophy properties on Berlin’s Potsdamer<br />

Platz up for sale. The Daimler<br />

complex is said <strong>to</strong> be worth about �€1.5<br />

billion, and Sony’s next door building is<br />

estimated at about �€700m, according <strong>to</strong> a<br />

report in the business daily FTD.<br />

The properties are likely <strong>to</strong> attract major<br />

inves<strong>to</strong>r interest given their key prestigious<br />

locations, although in light of the difficulty<br />

10<br />

that some inves<strong>to</strong>rs are experiencing in leveraging<br />

large sums, the sales prices are<br />

likely <strong>to</strong> be lower than what they could have<br />

achieved several months ago. The Daimler<br />

complex, built in the mid-1990’s and<br />

completed in 1998, consists of 17 different<br />

buildings including offices, the Grand<br />

Hyatt Hotel, shopping centres, theatre<br />

and cinemas. There may be some legal<br />

restrictions on the sale of the property with<br />

the report suggesting that the State of<br />

Berlin had stipulated no early sale within<br />

ten years of the building’s completion.<br />

Daimler has mandated Merrill Lynch<br />

and property services group Angermann<br />

with finding a suitable buyer, while Sony<br />

have asked the Frankfurt investment bank<br />

Drueker <strong>to</strong> handle the marketing of its<br />

property.<br />

Germany/Pfandbriefe<br />

German banks seek talks <strong>to</strong><br />

make Pfandbrief more competitive<br />

Gerrmany’s Pfandbrief-issuing banks are<br />

seeking talks with Berlin’s Ministry of Finance<br />

<strong>to</strong> make amendments <strong>to</strong> the law<br />

governing the issuing of Pfandbriefe, one<br />

of Germany’s most successful financial innovations.<br />

Louis Hagen, head of the Verband<br />

deutscher Pfandbriefbanken (VDP),<br />

which represents the 32 member institutes<br />

licensed <strong>to</strong> issue Pfandbriefe, said last<br />

week that the Pfandbrief in its current form<br />

could be improved, and the VDP would<br />

welcome some fine-tuning <strong>to</strong> the Pfandbrief<br />

law within the current legislative period.<br />

The instrument, in contrast <strong>to</strong> covered<br />

bonds in the US and elsewhere, is protected<br />

by law in the event of insolvency and<br />

is subject <strong>to</strong> its own regula<strong>to</strong>ry authority,<br />

which examines each Pfandbrief in detail<br />

for its constituent make-up in a rigorous<br />

process every two years.<br />

Despite the extremely sound track record<br />

of the German Pfandbrief, the instru-


11<br />

As financial advisor and assisted in the<br />

private placement of the above interests<br />

This announcement appears as a matter of record only<br />

The undersigned acted<br />

September 2007<br />

www.refire-online.com<br />

As exclusive placement agent<br />

in Asia, Australia, and the Middle East<br />

������������������������������������������������������������������������������<br />

��������������<br />

���������������������


.......from page 10<br />

ment is facing competition from changes<br />

in the law in other jurisdictions regarding<br />

similar securities, and the rising popularity<br />

of structured securities based on contracts<br />

rather than state law.<br />

As it stands, the only foreign jurisdictions<br />

whose mortgages may be included<br />

in a German-issued Pfandbrief are the<br />

US, Canada and Japan, even though their<br />

share is very small (at the end of 2006, for<br />

example, US-based mortgages on condominiums<br />

made up a <strong>to</strong>tal of 0.015%, on<br />

multi-family homes 0.066%, with singlefamily<br />

homes not eligible for inclusion in<br />

Pfandbriefe). The current German limit of<br />

60% of the value of the underlying property<br />

(Beleihungswert) is thought by the VDP <strong>to</strong><br />

be <strong>to</strong>o restrictive, and it is looking <strong>to</strong> increase<br />

this <strong>to</strong> 80%.<br />

Germany/Asset Management<br />

Pirelli RE joins with HSH<br />

Nordbank in asset management<br />

deal<br />

Germany/Privatisation<br />

Italy’s Anzeige_030506 Pirelli Real Estate 03.05.2006 has set 20:55 up a Uhr Seite 1<br />

partnership with the German bank HSH<br />

GRAF VON WEDEL & SCHULZE OECHTERING IMMOBILIENBERATUNG KG<br />

IS A LOCAL MANAGEMENT PARTNER FOR LARGE INTERNATIONAL INVESTORS<br />

WISHING TO TAKE ADVANTAGE OF THE ATTRACTIVE CURRENT GERMAN<br />

COMMERCIAL AND RESIDENTIAL PROPERTY MARKET.<br />

SERVICES OFFERED INCLUDE HIGHLY QUALIFIED TECHNICAL<br />

AND BUSINESS PERSONNEL, DUE DILIGENCE, FINANCING, PROJECT<br />

DEVELOPMENT AND SALES. ESTABLISHED CONTACTS EXIST<br />

TO THE IMPORTANT MARKET PARTICIPANTS AS WELL AS A BROAD<br />

KNOWLEDGE OF THIS POTENTIAL MARKET.<br />

OUR GOAL IS TO CONTINUE TO BUILD A STRONG ASSET<br />

MANAGEMENT PORTFOLIO THAT PROVIDES ATTRACTIVE RETURNS<br />

FOR OUR INTERNATIONAL PARTNERS.<br />

CONTACT: CHRISTIAN GRAF VON WEDEL<br />

GRAF VON WEDEL & SCHULZE OECHTERING IMMOBILIENBERATUNG KG<br />

MIERENDORFFSTRASSE 3 D-60320 FRANKFURT GERMANY<br />

TEL.: +49-69-9 59 17 20 FAX: +49-69-95 91 72 40<br />

WWW.WSO-IMMOBILIEN.DE<br />

EMAIL GRAF-VON-WEDEL@WSO-IMMOBILIEN.DE<br />

Nordbank specifically <strong>to</strong> manage property<br />

assets. The deal involves HSH Nordbank‘s<br />

unit HSH Real Estate AG buying a 20%<br />

stake in Pirelli RE Asset Management<br />

GmbH from Pirelli RE for �€14 million.<br />

Pirelli’s asset management subsidiary<br />

handles the properties acquired in January’s<br />

acquisition of the northern German<br />

group DGAG, as well as the BauBeCon<br />

properties bought from US inves<strong>to</strong>r Cerberus<br />

in July of this year (see REFIRE issue<br />

July 25th). The asset management<br />

company aims <strong>to</strong> build up properties under<br />

management <strong>to</strong> about �€10 billion, including<br />

but not restricted <strong>to</strong> its parent company’s<br />

own holdings.<br />

HSH Nordbank direc<strong>to</strong>r Marc Weins<strong>to</strong>ck<br />

said of his bank’s joint venture step<br />

with Pirelli, “We expect a decent dividend<br />

from our share in the business. We can<br />

certainly expect <strong>to</strong> learn a lot from Pirelli’s<br />

international expertise and experience in<br />

asset management.”<br />

German Tenants Association<br />

demands more protection<br />

from ‘financial<br />

jugglers’<br />

The International Union<br />

of Tenants’ congress,<br />

held last week in Berlin,<br />

heard the German Tenants<br />

Association demand<br />

greater protection<br />

from ‘financial jugglers’<br />

only interested in the<br />

pursuit of higher returns.<br />

Franz-Georg Rips,<br />

the feisty president of<br />

the Deutscher Mieterbund,<br />

which represents<br />

tenants associations<br />

throughout Germany,<br />

<strong>to</strong>ld delegates from 25<br />

countries that housing<br />

is not a tradeable commodity<br />

for profit-hungry<br />

12<br />

specula<strong>to</strong>rs, and that consumers cannot<br />

be driven <strong>to</strong> undertake financial obligations<br />

that they cannot fulfil. “What we are currently<br />

witnessing in irresponsible behaviour<br />

by Anglo-American mortgage banks cannot<br />

be repeated in Germany”, he warned.<br />

Specifically, Mr. Rips demanded that the<br />

increasingly common practice of mortgage<br />

finance banks selling their loan book on<br />

<strong>to</strong> third parties be outlawed, unless specific<br />

permission has been obtained by the<br />

credi<strong>to</strong>r or mortgage holder. Rips said that<br />

the practice of passing the loan book over,<br />

particularly <strong>to</strong> international financial providers,<br />

was threatening particularly <strong>to</strong> credi<strong>to</strong>rs<br />

who were often required <strong>to</strong> extend the<br />

loan payback period, often at new, crippling<br />

interest rates.<br />

“The result is often foreclosure, with the<br />

credi<strong>to</strong>r becoming the plaything of the financial<br />

jugglers. We are strongly against<br />

the abuse of housing as a mere financial<br />

vehicle for specula<strong>to</strong>rs”, admonished Mr.<br />

Rips. He urged a more sustainable approach<br />

<strong>to</strong> housing, in which local housing<br />

authorities held a substantial amount of<br />

social housing for lower earners and had<br />

adequate resources <strong>to</strong> maintain the housing<br />

<strong>to</strong> an acceptable standard.<br />

Between 1999 and 2007, a <strong>to</strong>tal of 1.7<br />

million apartments in Germany were sold<br />

in large portfolios, of which international<br />

inves<strong>to</strong>rs bought about half.<br />

Germany/Acquisitions<br />

UK’s Edinburgh House<br />

brings German portfolio <strong>to</strong><br />

over �€1 billion<br />

The privately-held British property inves<strong>to</strong>r<br />

Edinburgh House added <strong>to</strong> its German<br />

property portfolio by paying around �€30<br />

million for 14 retail properties in the eastern<br />

German city of Wismar. This brings its <strong>to</strong>tal<br />

German holdings <strong>to</strong> over �€1 billion. The<br />

properties are rented out <strong>to</strong> well-known<br />

German retail names such as Edeka,<br />

Peek & Cloppenburg, Vodafone and<br />

Reno.<br />

.......see page 15


13<br />

...........................................<br />

......<br />

UPCOMING EVENTS<br />

EVENTS/ CONFERENCES<br />

Oc<strong>to</strong>ber-November 2007<br />

Oc<strong>to</strong>ber 1st, Monday<br />

FT Conference on Property, Dorchester<br />

Hotel, London<br />

The property cycle in the UK is turning and<br />

harder times may lie ahead. After a period<br />

of rising property prices, the yield floor may<br />

now have been reached. Learn about the<br />

strategies inves<strong>to</strong>rs and developers should<br />

adopt <strong>to</strong> raise their returns in <strong>to</strong>ugher times.<br />

More at: www.ftconferences.co.uk<br />

Oc<strong>to</strong>ber 4th-5th, Thursday-Friday<br />

Eurocatalyst 2007, Madrid, Spain<br />

This five-year anniversary for the Eurocata-<br />

lyst group features a day on the Spanish<br />

mortgage market, discussions on the<br />

effects of globalisation, including brand-<br />

ing across borders, leveraging distribution,<br />

product expansion from super-prime <strong>to</strong><br />

sub-prime and funding convergence.<br />

More at: www.eurocatalyst.com<br />

Oc<strong>to</strong>ber 8th-10th, Monday-Wednesday<br />

EXPO REAL, Munich, Germany<br />

The central platform for<br />

investment, business and<br />

real estate projects in Europe.<br />

The EXPO REAL has now<br />

become one of the two largest<br />

and most important events on the European<br />

calendar.<br />

More at: www.exporeal.net<br />

Oc<strong>to</strong>ber 11th-13th, Thursday-Saturday<br />

13th CEREAN Conference, Bucharest,<br />

Romania<br />

The annual meeting of central, eastern and<br />

south-eastern european real estate associa-<br />

tions.<br />

More at: www.cerean.com<br />

Oc<strong>to</strong>ber 17th-19th, Wednesday-Friday<br />

Global Real Estate Finance Summit,<br />

Monaco<br />

Opal Financial Group’s 3rd annual Global Real<br />

Estate Finance Summit focuses on the most<br />

relevant issues of CMBS, RMBS and Covered<br />

Bonds in European, US and emerging markets.<br />

More at: www.opalgroup.net<br />

Oc<strong>to</strong>ber 17th-19th, Wednesday-Friday<br />

International Hotel Conference 2007,<br />

Rome<br />

The event brings the international hotel industry<br />

<strong>to</strong>gether, and also sees the inaugural Hotelier’s<br />

Global Citizen Award presented in recognition<br />

of leadership in the hotel industry<br />

More at: www.internationalhotelconference.<br />

com<br />

Oc<strong>to</strong>ber 18th, Thursday<br />

IEIF Colloquium, Paris<br />

This is a one-day colloquium (in French lan-<br />

guage) by the IEIF group on the French real<br />

estate market, and the group’s associated<br />

indices.<br />

More at: www.ieif.fr<br />

Oc<strong>to</strong>ber 23rd-26th, Tuesday-Friday<br />

NCREIF Annual Conference 2007, Palm<br />

Beach, Florida, USA<br />

The annual conference of the US non-listed real<br />

estate funds associiation<br />

More at: www.ncreif.com<br />

Oc<strong>to</strong>ber 25th-26th, Thursday-Friday<br />

7th German Share Initiative Conference,<br />

Frankfurt, Germany<br />

After positive feedback from similar events in<br />

the last two years, the event this year again<br />

brings <strong>to</strong>gether the major German listed real<br />

www.refire-online.com<br />

estate companies <strong>to</strong> present their strategies<br />

<strong>to</strong> inves<strong>to</strong>rs and answer questions.<br />

More at: www.initiative-immobilien-aktie.de<br />

November 1-2, Thursday-Friday<br />

8th European Real Estate Opportunity &<br />

Private Fund Investing Forum, Isling<strong>to</strong>n,<br />

London, UK<br />

With over 700 delegates attending last<br />

year’s Seventh Annual European event, this<br />

Forum is one of the largest of its kind. This<br />

year’s programme will explore such relevant<br />

<strong>to</strong>pics as winning investment strategies,<br />

institutional inves<strong>to</strong>r perspectives and hot<br />

regions for investing.<br />

More at: www.imn.org<br />

November 14th-16th, Wed.-Friday<br />

MAPIC, Cannes, France<br />

Over 1,900 retailers and almost 900 exhibi-<br />

<strong>to</strong>rs with a range of projects for the retail<br />

real estate industry<br />

More at: www.mapic.com<br />

November 27th-29th, Tuesday-Thursday<br />

Real Estate Investment World Nordic,<br />

S<strong>to</strong>ckholm, Sweden<br />

Organised by Terrapinn, the annual confer-<br />

ence <strong>to</strong> analyse real estate investment<br />

opportunities in Denmark, Finland, Iceland,<br />

Norway, and Sweden<br />

More at: www.terrapinn.com<br />

December 3-5th , Monday-Wednesday<br />

REIT World Germany 2007, Frankfurt<br />

Terrapinn’s third annual investment confer-<br />

ence <strong>to</strong> look at the latest developments in<br />

the German REIT market and the real estate<br />

industry.<br />

More at: www.terrapinn.com


REFIRE INTERVIEW:<br />

<strong>Interview</strong>: <strong>James</strong> <strong>Bauer</strong>,<br />

<strong>Managing</strong> <strong>Direc<strong>to</strong>r</strong>, <strong>REAG</strong><br />

On the global landscape of national property markets, the German<br />

commercial property market sticks out like a sore thumb for<br />

the stability of the returns that it has produced over a<br />

long period. This stability is extraordinary, given the<br />

backdrop of such volatility in other world markets,<br />

and has led <strong>to</strong> widespread scepticism about the veracity<br />

and reliability of German property valuations.<br />

What enables Germany <strong>to</strong> have such a smooth volatility<br />

curve? Has the German open-ended funds industry<br />

been using valuations <strong>to</strong> hide the true volatility<br />

in performance measures?<br />

In a recent paper on this subject, Professor Neil Crosby<br />

of the UK’s University of Reading Business School<br />

suggested strongly that, while no definitive conclusions can be<br />

reached, evidence suggests that the true level of volatility in Germany<br />

may have been smoothed over by both valuation policies<br />

and the possibility of client influence over German valuers. While<br />

stable property returns would be the likely logical outcome of a<br />

political system which prizes a stable economic system and the<br />

avoidance of boom-and-bust volatility, corporate and individual<br />

inves<strong>to</strong>rs increasingly place great s<strong>to</strong>re on establishing the actual<br />

current ‘worth’ of a property asset, whether for purchase or for<br />

sale. REFIRE went <strong>to</strong> discuss this with <strong>James</strong> <strong>Bauer</strong>, managing<br />

direc<strong>to</strong>r of <strong>REAG</strong> (Real Estate Advisory Group), the German<br />

division of the privately-held American Appraisal group.<br />

<strong>REAG</strong> specialises in providing real-estate services for incomeproducing<br />

properties, mainly offices, hotels, managed-care<br />

homes, logistics and retail. <strong>Bauer</strong> explains how his company’s<br />

departments – including investment, valuation, property consulting,<br />

and technical due diligence (including architects, engineers,<br />

and chartered surveyors) work for their client – and highlights the<br />

company’s Watchdog service, that ensures that new owners of<br />

property are getting everything that they bought.<br />

What makes <strong>REAG</strong> different from all the local and international<br />

property advisors, with their extensive branch networks throughout<br />

the country? “As an independent advisory and valuation<br />

company, our clients don’t have <strong>to</strong> worry about conflicts of in-<br />

terest”, says <strong>Bauer</strong>. “Any information remains confidential, and<br />

is specific <strong>to</strong> the assignment. Our clients don’t have <strong>to</strong> worry<br />

about Chinese walls between investment advisory and buying<br />

and selling departments, clients don’t have <strong>to</strong> declare their<br />

hand, particularly if they’re only considering selling a property.<br />

We mostly work for inves<strong>to</strong>rs themselves, and we’re frequently<br />

charged with valuing properties where the inves<strong>to</strong>rs don’t want it<br />

known that they’re either searching or selling, particularly if they<br />

want <strong>to</strong> sell before the property hits the market.”<br />

Who are <strong>REAG</strong>’s major clients? “Actually, we work<br />

right across the spectrum. The past two or three<br />

years have seen a lot of foreign inves<strong>to</strong>rs coming in<strong>to</strong><br />

the market, with Germans mainly on the selling side.<br />

We’ve been doing a lot of market feasibility studies for<br />

clients looking <strong>to</strong> put <strong>to</strong>gether German portfolios. As a<br />

result of the strengths in our parent group, we’ve been<br />

working for a lot of investment banks from the US, the<br />

UK, France, Scandinavia and Italy. The geographic<br />

spread has probably been about 30/30/30 between<br />

the US, the UK and Europe.”<br />

This is in reference <strong>to</strong> <strong>REAG</strong>’s role as the real estate specialist<br />

within the American Appraisal group, founded in 1896 in Milwaukee<br />

as a valuation specialist and which has since followed<br />

its clients worldwide <strong>to</strong> Europe, South America and Asia. The<br />

group has built up expertise in valuation for mergers and acquisitions<br />

in manufacturing companies, focusing on machinery and<br />

equipment, and production real estate. Its operations in Italy,<br />

its oldest European operation, are about <strong>to</strong> celebrate their 40th<br />

anniversary.<br />

We discuss the thorny issue of foreigner’s perceptions of traditional<br />

German property valuations. In essence, the German understanding<br />

of the term ‘valuation’ has traditionally been closer<br />

<strong>to</strong> a conceptual assessment of worth, rather than the actual<br />

price that could be obtained for a property if it were put on the<br />

market now. What does <strong>Bauer</strong> think are the fundamental differences<br />

in approach? “Well, theoretically, the final results should<br />

be similar. International inves<strong>to</strong>rs base their valuations on the<br />

market value on the date of appraisal. German valuations are<br />

based on sustainable rent, which is what caused the problems<br />

for the Germans (open-ended funds) in 2001, 2002, 2003, in<br />

that valuations were kept fairly high, although this no longer coincided<br />

with the market as rents had dropped. The valuations<br />

were saying that the rents were sustainable, although they had<br />

fallen frequently by 30-40%. Most of the open ended funds got<br />

in<strong>to</strong> trouble as a result. Now the valuations and the market situ-<br />

14


15<br />

ation are closely moni<strong>to</strong>red and observed by BaFin (the German financial watchdog).<br />

Both systems have advantages and disadvantages.”<br />

In a reference <strong>to</strong> recent debate about the reliability of the various German property indices<br />

and their accuracy in providing a true picture of price movements on the market,<br />

<strong>Bauer</strong> believes the indices have shortcomings. “The problem is that not a lot of properties<br />

are considered when reporting the indices. Generally they cover only the properties<br />

that would be suitable for the open-ended funds, mainly A-type properties, but these<br />

are not representative of the market as a whole. Hence the figures are only marginally<br />

useful for reporting market value.” And residential property? “Well, the Hypoport index<br />

(an index for reporting residential values based on actual prices achieved at sale) is an<br />

interesting service, although we havn’t based any valuations on their service yet, we’d<br />

prefer <strong>to</strong> wait and see how they progress in the market before relying <strong>to</strong> much on their<br />

information”<br />

<strong>Bauer</strong> has seen the German market develop over the years since arriving sixteen years<br />

ago from his native Chicago. “Traditionally the real estate industry in Germany was a<br />

very family-dominated industry. The last few years the whole industry has become much<br />

more open. Here in Germany graduates from the real estate faculty of the European<br />

Business School (in the Rheingau, near Wiesbaden) have had a big influence, raising<br />

the level of professionalism in the industry, dealing with institutions and the capital markets.<br />

But we still don’t have enough professionals in the industry.”<br />

So, where is the skills shortage? “Although things are definitely improving, there is still a<br />

lack of a service orientation. Everybody is now talking about asset management, but it’s<br />

true. Inves<strong>to</strong>rs have <strong>to</strong> consider their cus<strong>to</strong>mers and how <strong>to</strong> better serve them. Without<br />

their lease contracts and their money, there’ll be no investment and no profits. The key<br />

is <strong>to</strong> know very early on what’s happening with the client, know what his needs are.”<br />

Are foreign inves<strong>to</strong>rs naïve in their expectations of the German market? Do they understand<br />

what’s involved in pushing through rent increases, or how easy it’s going <strong>to</strong> be <strong>to</strong><br />

deal with the tenant base? <strong>Bauer</strong> considers the question, then says, “Well, this is true of<br />

residential. Many inves<strong>to</strong>rs have underestimated these challenges. But it’s not the case<br />

in commercial. The German system presents a lot of restrictions, and cancelling lease<br />

contracts is handled very differently from in the US, but now most players have done<br />

their homework and are now fine-tuning their operations.”<br />

The issue of valuers and valuations has long been a concern in major real estate markets<br />

such as the US and the UK. A study in the year 2000 in the UK carried out for the RICS<br />

and the Investment Property Forum highlighted a number of anomalies in both the<br />

concentration of valuations in the hands of a small number of firms, and the relationship<br />

between the valuer and the client. In the UK, when a valuer does more than 5% of his<br />

work for one client, it can be seen as a conflict of interest. Germany permits valuers <strong>to</strong><br />

carry out up <strong>to</strong> a third of their valuation work for one entity, with for example, funds within<br />

the same house being seen as separate entitites. Hence, a valuer could be dependent<br />

on one client for over 50% of their valuation work. On current trends, the question of<br />

concentration of work by valuers in the German system is likely <strong>to</strong> come under pressure<br />

for reform.<br />

.......from page 12<br />

www.refire-online.com<br />

Edinburgh House now has over 150<br />

properties in its German portfolio with<br />

a <strong>to</strong>tal lettable space of 620,000 sq.m.<br />

Most of the properties are located in Berlin,<br />

Düsseldorf, Wuppertal, Frankfurt am<br />

Main and Leipzig. The properties are asset-managed<br />

by Berlin-based Estama<br />

Real Estate Management, with 80% of<br />

the properties being retail, with 20% made<br />

up of logistics, office and some residential.<br />

Nearly all are wholly-owned by Edinburgh<br />

House, whose joint founder Tony Quayle<br />

said following this latest deal that it’s about<br />

<strong>to</strong> sign on a further �€200m worth of assets.<br />

Germany/Retail<br />

Arcandor still optimistic of<br />

closing property sale<br />

The German department s<strong>to</strong>re chain<br />

Arcandor AG (until July known as<br />

KarstadtQuelle AG) was last week still<br />

insisting that its planned property sale of its<br />

49% stake in Highstreet, a real estate investment<br />

vehicle majority-owned by Goldman<br />

Sachs subsidiary Whitehall, would<br />

be imminently going ahead.<br />

A company spokesman denied earlier<br />

press reports that it might be negatively<br />

affected by the turmoil in the financial<br />

markets and that potential bidders for the<br />

properties were having difficulties raising<br />

the bank finance. Arcandor said there<br />

were four bidders left in the bidding process<br />

who have now submitted binding offers<br />

for the Arcandor stake. The gloomy<br />

market situation “does not affect us” at the<br />

moment, said the company.<br />

In one of the largest property deals of<br />

2006, KarstadtQuelle sold its real estate<br />

holdings <strong>to</strong> the Highstreet investment vehicle<br />

in a sale-and-leaseback deal. Highstreet<br />

is reckoned <strong>to</strong> be worth about €�5.5<br />

billion, and Arcandor expects proceeds<br />

from the sale <strong>to</strong> amount <strong>to</strong> at least €�800m,<br />

along with a cash payment of �€3.7 billion<br />

as part of the original agreement with<br />

Whitehall. Late last week the company


said that three of the bidders for the real<br />

estate portfolio were also actively interested<br />

in taking a stake in the company’s<br />

department s<strong>to</strong>re operations. Separately,<br />

Arcandor said that it is in exclusive talks<br />

with one final bidder for its Neckermann<br />

mail order business, which it also hopes <strong>to</strong><br />

close at the same time.<br />

Germany/Study<br />

German offices see fall in<br />

service charges in 2007<br />

Service charges in German offices have<br />

fallen slightly, according <strong>to</strong> Jones Lang<br />

LaSalle’s “Office Service Charge Analysis<br />

Report” (OSCAR) for 2007. While heating<br />

costs have increased, maintenance<br />

costs have decreased, leading <strong>to</strong> an average<br />

service charge decrease of around<br />

3%, compared <strong>to</strong> the previous year. Over<br />

the 12 years since the OSCAR report was<br />

German Real Estate Law:<br />

Competent. Concise.<br />

In your language.<br />

• All legal matters related <strong>to</strong> acquisitions<br />

• Background advice <strong>to</strong> inves<strong>to</strong>rs<br />

• Legal Due Diligence checks<br />

• Residential and commercial leases<br />

Thomas Krümmel, Rechtsanwalt<br />

Kronenstraße 3 • D-10117 Berlin • Tel. +49 30 / 206 298 - 6<br />

e-mail: kruemmel@mkvdp.de • www.mkvdp.de/en<br />

first compiled, there were large falls in service<br />

charges between 1996 and 2001 – up<br />

<strong>to</strong> 22% in air-conditioned offices – before<br />

charges rose between 2002 and 2006 as<br />

a result of increased energy and insurance<br />

costs. Current service charge levels still lie<br />

below those of 1996, which the report attributes,<br />

at least in part, <strong>to</strong> continued professionalisation<br />

of facility management.<br />

The median service charge now lies at<br />

�€2.99 /m2/month, down 10 cents on the<br />

previous year. In offices with air-conditioning,<br />

the average service charge is �€3.21/<br />

m2/month, about 13% above the figure for<br />

offices without the facility (around �€2.84/<br />

m2/month). For air-conditioned offices,<br />

55% of the service charges are accounted<br />

for by insurance, maintenance, cleaning,<br />

security and administration, 28% are made<br />

up of electricity, heating and water charges,<br />

and 15% are accounted for by ground<br />

rent, rubbish collection charges and street<br />

cleaning contributions.<br />

16<br />

Of Germany’s major cities, service<br />

charges in Frankfurt are highest, at<br />

�€3.19/m2/month, followed by Düsseldorf<br />

(�€3.05/m2/month), Munich (�€3.03/m2/<br />

month) and Berlin (€�3.02/m2/month). Total<br />

costs (rent + service charges), were also<br />

highest in Frankfurt, at �€21.42/m2/month,<br />

an increase of 4% on the previous year,<br />

while <strong>to</strong>tal costs in Berlin and Hamburg<br />

were, respectively, 27% and 30% below<br />

this. Of the major cities, service charges in<br />

Hamburg were lowest at �€2.82/m2/month.<br />

As a percentage of <strong>to</strong>tal costs, service<br />

charges in Düsseldorf and Berlin are highest,<br />

at 19.8% and 19.3%, respectively.<br />

Germany/Energy<br />

RWE and Jones Lang LaSalle<br />

in new energy alliance<br />

Essen-based RWE Energy and Jones<br />

Lang LaSalle Deutschland are <strong>to</strong> team<br />

up <strong>to</strong> develop economical measures for<br />

improving the energy efficiency of commercial<br />

properties and portfolios. Deutsche<br />

Bank will take part in the first phase of this<br />

project, during which 1.3 million sq.m. of<br />

the bank’s offices will be subjected <strong>to</strong> energy<br />

assessment and a cost-benefit analysis<br />

of measures taken <strong>to</strong> reduce its carbon<br />

footprint.<br />

Jones Lang LaSalle recently set up a<br />

new global service, Energy & Sustainability<br />

Services (ESS), which integrates<br />

the firm’s energy management and environmental<br />

sustainability services. In September,<br />

energy giant RWE dedicated �€150<br />

million <strong>to</strong> its energy efficiency action package,<br />

which will include free energy audits<br />

for municipalities, hospitals and welfare<br />

institutions.<br />

Germany/Study<br />

German business confidence<br />

takes another dive<br />

The IFO Institute’s Business Climate<br />

Index for Germany has fallen again in Sep


17<br />

tember, for the fourth month in a row, from<br />

105.8 in August <strong>to</strong> 104.2. The index is now<br />

at its lowest level since February 2006.<br />

The Munich-based institute believes the<br />

global credit crunch is undoubtedly having<br />

an effect on respondents. The index is<br />

based on monthly survey responses from<br />

around 7,000 firms in manufacturing, construction,<br />

wholesaling and retailing, with<br />

the firms being asked <strong>to</strong> give their assessments<br />

of the current business situation and<br />

their expectations for the next six months.<br />

In manufacturing, moderate optimism<br />

currently prevails, with no big impact on future<br />

exporting business being feared, despite<br />

the high euro exchange rate. Hiring in<br />

the sec<strong>to</strong>r is expected <strong>to</strong> continue, though<br />

at slower rates. The climate indica<strong>to</strong>r for<br />

wholesaling has improved, and business is<br />

currently better than in the preceding two<br />

months. However, the climate in the construction<br />

industry has cooled off again and<br />

the mood has markedly worsened in the<br />

Hear from THE best speaker<br />

list in the industry:<br />

Alexander Rychter<br />

<strong>Managing</strong> <strong>Direc<strong>to</strong>r</strong><br />

BFW Bund<br />

Stephan Huessen<br />

<strong>Managing</strong> <strong>Direc<strong>to</strong>r</strong><br />

FOM Real Estate GmbH<br />

Dr Oscar Kienzle<br />

Chief Executive Officer<br />

IC Immobilien Holding AG<br />

Chris<strong>to</strong>ph Hommerich<br />

Head of Property Business<br />

Fraport<br />

Herman Aukamp<br />

CIO Real Estate<br />

Nordrheinische<br />

Aerzteversorgung<br />

Simon Hedger<br />

Global Property Securities<br />

Principal Global Inves<strong>to</strong>rs<br />

www.terrapinn.com/2007/reiteu<br />

retailing sec<strong>to</strong>r.<br />

IFO’s Business Climate Index for the<br />

German service sec<strong>to</strong>r, which assesses responses<br />

from around 2,000 firms, has also<br />

declined slightly: despite companies in the<br />

sec<strong>to</strong>r being more positive about their current<br />

business situation, they are less optimistic<br />

about the situation over the next six<br />

months, with expectations being the most<br />

depressed for almost two years.<br />

Germany/Hotel Investment<br />

German hotel transaction<br />

volume down on 2006<br />

A recent report from Ernst & Young<br />

has estimated that a <strong>to</strong>tal of �€1.4 billion<br />

changed hands in hotel transactions in<br />

Germany in the first half of 2007, though<br />

the final year’s <strong>to</strong>tal is likely <strong>to</strong> reach only<br />

<strong>to</strong> around the �€2 billion mark rather the record<br />

�€2.3 billion achieved in 2006<br />

3 - 5 December 2007, Frankfurt Marriott Hotel, Germany<br />

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A substantial amount of these transactions<br />

are sale-and-leaseback arrangements<br />

involving hotel chains. According <strong>to</strong><br />

the report, inves<strong>to</strong>rs are showing considerable<br />

interest in medium-sized cities like<br />

Heidelberg, Würzburg and Nuremberg,<br />

which account for about a third of all individual<br />

transactions.<br />

International inves<strong>to</strong>rs such as investment<br />

banks and private equity funds are<br />

now the dominant players in German hotel<br />

investment, having taken over from German<br />

property funds who were previously<br />

the strongest inves<strong>to</strong>rs, and accounted<br />

for 84% of <strong>to</strong>tal hotel investment volume<br />

in 2002. This figure has sunk since due<br />

<strong>to</strong> heavy competition from private equity<br />

firms, and due <strong>to</strong> cash withdrawals by their<br />

own capital providers.<br />

However, there have recently been<br />

signs that domestic institutional inves<strong>to</strong>rs<br />

are making a cautious return <strong>to</strong> the sec<strong>to</strong>r,<br />

and this could increase if the private eq-<br />

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uity companies are forced <strong>to</strong> reduce their<br />

investment activity. Many open-ended<br />

funds are now flush with cash and no high<br />

borrowing requirement.<br />

A good example of this is Hamburgbased<br />

LB Immo Invest, who has started<br />

<strong>to</strong> raise capital from institutional inves<strong>to</strong>rs<br />

for a special open-ended German hotel<br />

fund. The fund, which was originally<br />

planned for the first quarter of this year,<br />

....................................<br />

.............<br />

REFIRE - LEGAL<br />

REFIRE - LEGAL is the third in a series<br />

of ten guest columns in which we’ll be<br />

explaining some of the key aspects of<br />

law which confound, baffle, and even<br />

occasionally trip up inves<strong>to</strong>rs in German<br />

real estate.<br />

Welcome <strong>to</strong> the Condo Club<br />

By: Thomas Krümmel, Rechtsanwalt<br />

Meyer-Köring v. Danwitz Privat, Berlin<br />

kruemmel@mkvdp.de<br />

It is safe <strong>to</strong> say that every self-respecting<br />

German is a member of at least<br />

one association or Verein. The choice<br />

is infinite. We congregate in not really<br />

football-playing football clubs, known<br />

as Thekenmannschaft (“team behind<br />

the bar“), public interest associations<br />

the name of which must be no shorter<br />

than at least twenty words, or clubs <strong>to</strong><br />

cherish exotic pastimes like breeding<br />

Brieftauben (messenger pigeons) or<br />

re-enacting the Wild Wild West in the<br />

middle of Wuppertal. Most of them are<br />

tax exempt, very few of them are good<br />

fun, because all of them are dead serious<br />

business, with articles and by-laws<br />

reminiscent of a heavily pimped version<br />

of the Magna Carta, and annual<br />

assemblies in the proud tradition of the<br />

aims <strong>to</strong> invest �€300m, of which half will<br />

be equity, in about twenty two-<strong>to</strong>-four-star<br />

hotels in secondary cities in the western<br />

part of Germany. Letters of intent have<br />

already been signed for hotels managed<br />

by NH Hotels, Welcome Hotels and<br />

Holiday Inns in the <strong>to</strong>wns of Erlangen,<br />

Paderborn, Essen and Neu-Isenburg near<br />

Frankfurt. The fund is targeting a dividend<br />

yield of 7%.<br />

18<br />

Europe/Funds<br />

New Star launches new European<br />

property hedge fund<br />

UK fund manager New Star Asset Management<br />

said that it had already raised<br />

equity commitments of $50m (�€35.7m) for<br />

its new real estate hedge fund, which will<br />

invest mainly in European listed property<br />

securities such as REITs. It aims <strong>to</strong> raise<br />

1815 Vienna Congress. In short: if you are not German<br />

and accus<strong>to</strong>med <strong>to</strong> these strange and wonderful things,<br />

you have <strong>to</strong> really, really want <strong>to</strong> become a member.<br />

However, there are clubs which even as a non-German<br />

you cannot avoid. They are called Wohnungseigentümergemeinschaft<br />

or residential co-owners‘ associations<br />

(WEG). If you choose not <strong>to</strong> acquire an entire<br />

plot of land with a detached house built on it, but rather<br />

<strong>to</strong> buy an individual (condominium) apartment, you forcibly<br />

become a member of a WEG. The club rules are… well, a little complicated.<br />

Here are a few basics you should be aware of before signing on:<br />

As with any sort of real property, title can only be acquired by registration in the<br />

Grundbuch (land register), where special entries show the subdivisions of ownership<br />

of property (normally in fractions of 10,000). The ownership of an apartment consists<br />

of individual absolute ownership of parts of a communal building (Teileigentum), with<br />

a co-ownership of the common property and facilities, such as the lifts, garaging,<br />

gardens, entrances etc. (Sondereigentum). Legally, ownership is created through<br />

the formation of a contract between the co-owners of the land (Teilungserklärung)<br />

which forms the statute of the WEG. Although not incorporated, the co-owners‘<br />

community is a body which may sue and be sued in court, and which is managed<br />

and represented by a professional management agent (Verwalter der WEG).<br />

Under normal circumstances, you will not be required <strong>to</strong> participate <strong>to</strong>o actively in<br />

the dealings of the WEG, other than pay your monthly share of Wohngeld (utilities<br />

charges and the management agent‘s fee). However, you may be interested <strong>to</strong> do<br />

so in specific cases, especially when the management agent proposes <strong>to</strong> make<br />

any investments such as extensions, exceptional repair works etc., <strong>to</strong> the property.<br />

While you usually do not have <strong>to</strong> expect any major surprises from the Teilungserklärung,<br />

you should ask <strong>to</strong> be able <strong>to</strong> review a complete copy of the document before<br />

closing the deal and thereby acceding <strong>to</strong> the contract. Watch out especially for possible<br />

limitations imposed by the co-owner‘s statute, such as restrictions on re-selling<br />

the apartment property or using it for specific purposes. Also, be sure that your<br />

seller has paid up all his Wohngeld because you might end up being made liable for<br />

outstanding amounts. If in any doubt, do seek the advice of a qualified legal advisor.<br />

Like membership in almost any German club, being a Wohnungseigentümer is by no<br />

means a matter for amateurs!


19<br />

up <strong>to</strong> $400m (€�285m) for the New Star<br />

Real Estate Hedge Fund, originally announced<br />

in July and launched last week.<br />

The fund will be able <strong>to</strong> go long and<br />

short on European REITs, and will also<br />

trade property sec<strong>to</strong>r-based equity derivatives,<br />

private real estate funds, and derivatives<br />

based on Investment Property Databank’s<br />

direct property indices. It said in<br />

a note that the fund will give itself a kickstart<br />

by having an initial net long exposure<br />

of +30% <strong>to</strong> capitalise on the recent sell-off<br />

of European property s<strong>to</strong>cks and REITs.<br />

Europe/Research<br />

INREV launches NAV model<br />

for real estate funds and<br />

Fee Metrics Guidelines<br />

INREV, the European Association<br />

for Inves<strong>to</strong>rs in Non-Listed Real Estate<br />

Vehicles, launched its new calculation<br />

methodology for presenting net asset value<br />

(NAV) at its INREV CFO/COO conference<br />

recently in Berlin.<br />

The new calculation will allow inves<strong>to</strong>rs<br />

in Europe’s �€400 � billion non-listed real estate<br />

funds sec<strong>to</strong>r <strong>to</strong> compare the performance<br />

and valuations of funds for the first<br />

time, as well as offering new guidelines on<br />

the disclosure of fee structures for private<br />

institutional property funds, which aim <strong>to</strong> increase<br />

transparency and facilitate the comparison<br />

of fund structures.<br />

“Real estate is the investment asset class<br />

of this decade. The dramatic increase in<br />

capital flows in<strong>to</strong> non-listed funds is driving<br />

the demand for standardization at a whole<br />

range of levels from major institutional inves<strong>to</strong>rs<br />

such as ourselves,” said Matthias<br />

Stürmer, Head of Real Estate Management<br />

at Germany’s E.ON Energie and a<br />

member of INREV’s management board.<br />

“We have a �€2-billion mixed real estate<br />

portfolio with about 50 target funds worldwide.<br />

In order <strong>to</strong> reduce costs, benchmark<br />

property funds and compare their performance<br />

with other asset classes, we have<br />

<strong>to</strong> know how fund’s NAV are calculated and<br />

<strong>to</strong> guarantee either that all NAVs have the<br />

same basis or the differences are transparent<br />

-- so it’s clear what we’re paying for,”<br />

Stürmer added.<br />

INREV does not intend <strong>to</strong> try and dictate<br />

<strong>to</strong> managers how they should calculate the<br />

value of their assets, but is asking them <strong>to</strong><br />

show in their reports how their NAVs differ<br />

from the association’s reference, which will<br />

then allow inves<strong>to</strong>rs <strong>to</strong> easily work back <strong>to</strong><br />

the market benchmark.<br />

One of the key elements is that acquisition<br />

costs, such as transfer taxes, lawyers,<br />

agents and accountant fees should be amortised<br />

over five years, <strong>to</strong> create a consistent<br />

smoothing of the numbers. Currently,<br />

under the fair value option of IFRS, acquisition<br />

expenses are capitalised as part of<br />

the property and charged <strong>to</strong> income as fair<br />

value changes in the first year.<br />

Germany/Study<br />

How long do YOU have <strong>to</strong><br />

work <strong>to</strong> own your house?<br />

Germans require an average of 6.4<br />

years net annual income in order <strong>to</strong><br />

completely own their own home,<br />

according <strong>to</strong> research from real estate<br />

search engine properazzi.com<br />

based on figures from their website<br />

and statistics from Eurostat. This is<br />

shorter than residents of most other<br />

countries in western Europe, due<br />

<strong>to</strong> the relatively high net annual incomes<br />

(�€34,620) in Germany and relatively low<br />

average property prices (�€220,000) in the<br />

country<br />

However, people in the Nordic countries<br />

can achieve the feat even more<br />

quickly: in 5.3 years in Denmark, 5.4 years<br />

in Sweden and 5.5 years in Finland. In<br />

western Europe, the Spaniards have it the<br />

<strong>to</strong>ughest, requiring 11.8 years of average<br />

net annual income (�€21,000) <strong>to</strong> pay off an<br />

average property (�€250,000), though this<br />

is a blink of an eye in comparison <strong>to</strong> the<br />

Bulgarians, who require 29 years net annual<br />

income <strong>to</strong> buy an average home.<br />

www.refire-online.com<br />

“People have been using their own adjusted<br />

NAV and there has been no one<br />

single definition on how it should be calculated,<br />

which hinders market transparency<br />

and the comparability of funds,” said Jef<br />

Holland, INREV Reporting Committee<br />

Member and Senior Real Estate Manager<br />

for Deloitte in Amsterdam.<br />

“When, in the future, the new concept<br />

is widely accepted by the industry and the<br />

information can be easily collected, then<br />

the INREV NAV may be used as a basis<br />

for performance indices,” Holland concluded.<br />

INREV has made the INREV NAV guidelines<br />

available on the association’s website<br />

www.inrev.org and intends <strong>to</strong> promote<br />

them at its own and industry events, as<br />

well as make them an integral part of training<br />

and education courses.<br />

On the other hand, the Germans are<br />

chasing after a dwindling supply of new<br />

homes, according <strong>to</strong> Berlin-based Institut<br />

für Städtebau (IFS), who report<br />

that the number of planning permissions<br />

granted in the country<br />

may fall below 200,000<br />

for the first time since<br />

the Second World<br />

War. Last year around<br />

250,000 new homes<br />

were built, representing<br />

3 new homes per 1,000 people. Great<br />

Britain and Sweden also have comparable<br />

figures (respectively 3.3 and 3.5 new<br />

homes per 1,000 people), but all three<br />

lag well behind Spain (16.0 new homes<br />

per 1,000 people).<br />

Removal of the home buyer’s allowance<br />

and declining write-downs<br />

on rental apartments are now having a<br />

noticeable effect,” according <strong>to</strong> Stefan<br />

Jokl, head of IFS. Within Germany, the<br />

best building ratio is achieved in Bavaria,<br />

where 4.6 new homes are built per 1,000<br />

people. In Berlin, the ratio is a paltry 0.9<br />

new homes per 1,000 people.


Fee Metrics Guidelines<br />

“It would be fair <strong>to</strong> say that in the past<br />

property investment managers have perhaps<br />

not been as transparent<br />

in this area as some other<br />

asset classes. INREV has<br />

been working for two years <strong>to</strong><br />

achieve the same professional<br />

standards for fee metrics as<br />

prevail in competing markets<br />

for capital such as equities as bonds,” said<br />

Neil Turner, Head of Property Investment<br />

at Schroder Property Investment Management<br />

and Chairman of INREV’s Fee<br />

Metrics Working Group.<br />

The guidelines provide for ratios and<br />

metrics <strong>to</strong> assist institutional inves<strong>to</strong>rs and<br />

managers in comparing fees and other<br />

costs for nonlisted real estate funds. The<br />

Total Expense Ratio (TER) expresses annual<br />

operating costs borne by a fund over<br />

............................................................<br />

PEOPLE.....JOBS.....MOVES.....<br />

Hermann T. Dambach, MD of Oaktree<br />

GmbH, has been appointed<br />

chairman of Deutsche Wohnen AG,<br />

in which Oaktree is the largest shareholder<br />

following the two companies’ recent<br />

merger. A second representative<br />

of Oaktree is <strong>to</strong> join Mr Dambach on the<br />

board at a later stage…..Oliver Stenzel<br />

is <strong>to</strong> be the MD of Realogis Immobilien‘s<br />

new office in Stuttgart…..<br />

Dr. Karl-Gerhard Eick has taken over<br />

the chair of the supervisory board at<br />

Düsseldorf-based Corpus Sireo, replacing<br />

Martin Zimmer who leaves the<br />

company. Lars von Lackum joins the<br />

company as CFO…..Michael Pfeiffer<br />

has become the CEO at the investment<br />

promotion agency Invest in Germany…..Eckhard<br />

Cordes, at present<br />

chairman of the Metro Group‘s supervisory<br />

board, is <strong>to</strong> become the company‘s<br />

CEO on November 1st, replac-<br />

one year as a proportion of average fund<br />

assets, in order <strong>to</strong> enable fairer comparisons<br />

of costs between funds than the<br />

management fee alone. The Real Estate<br />

Expense Ratio captures both the fundlevel<br />

expenses included in<br />

the TER, as well as other<br />

property-specific costs.<br />

The return reduction metric<br />

gives an estimate of the<br />

<strong>to</strong>tal ‘leakage’ of a fund, in<br />

other words the difference<br />

between its gross internal rate of return<br />

(IRR) and its net IRR.<br />

“The great achievement of the INREV<br />

fee metrics guidelines is that they establish<br />

a basis for everyone <strong>to</strong> use the same methodology<br />

for the first time. This is a big step<br />

forward in the evolution of the nonlisted real<br />

estate funds industry,” said Markus Koenigstein,<br />

Head of Real Estate at Germany’s<br />

R+V Insurance-Group and member<br />

of the INREV Management Board.<br />

20<br />

Inves<strong>to</strong>rs have been coming from a situation<br />

where they have frequently been asked<br />

<strong>to</strong> make investments in a fund on very limited<br />

information – sometimes simply the annual<br />

asset management fee. From the manager’s<br />

viewpoint this was usually due <strong>to</strong> the<br />

complexity of assessing the fees at the point<br />

of investment, but inves<strong>to</strong>rs still wanted far<br />

more details on the potential future costs<br />

and the associated reduction in yield.<br />

“An important element of the guidelines<br />

has been the inclusion - next <strong>to</strong> backwardlooking<br />

TER - of a forward-looking TER<br />

which is based on estimated costs and the<br />

future composition of assets in the fund’s<br />

portfolio,” Turner said.<br />

“We recognize that the assessment<br />

and forecasts of future costs are likely <strong>to</strong><br />

turn out <strong>to</strong> be inaccurate, but we believe<br />

they form a solid basis on which further<br />

questions can be asked of the manager<br />

and will improve transparency in the industry,”<br />

he concluded.<br />

ing Hans-Joachim Körber, who now leaves the company after heading it up since<br />

2001…..Mary Harris and Alec Pelmore are <strong>to</strong> join the supervisory board at Unibail-<br />

Rodamco…..Chris<strong>to</strong>f W. Göldi, who has been CEO of AXA Liability Managers<br />

Deutschland since 2004, is <strong>to</strong> become managing direc<strong>to</strong>r at Delta Lloyd Deutschland.<br />

He replaces Paul Medendorp who had held the role in a caretaker capacity<br />

since the death of Frans van der Veer earlier this year…..Erkin Köksal is <strong>to</strong> become<br />

head of Deutsche Anning<strong>to</strong>n Süd-West GmbH replacing Thomas Schlüß, who had<br />

been carrying out the role for some months alongside his position as CEO of Deutsche<br />

Anning<strong>to</strong>n Ruhr GmbH. Mr Köksal had previously been CEO of RED Real Estate<br />

Development, which he founded…..Marcus Erdtmann is <strong>to</strong> leave the management<br />

team at Mondura Liegenschaften of his own volition…..Frank Schaich, who has<br />

joined the management team at Fair Value Immobilien AG, has relinquished all his<br />

other positions within the IC Immobilien group. Fair Value is <strong>to</strong> be spun off from the<br />

IC group and plans a s<strong>to</strong>ck market flotation later this year…..Rami Zoltak has become<br />

the new CFO at Deutsche Real Estate AG, replacing Hans-Ulrich Sutter who has<br />

left the company…..Andreas Stücke will continue as secretary-general of residential<br />

property association Haus & Grund Deutschland for a second term, which expires<br />

in Oc<strong>to</strong>ber 2013.....Christine Wegner, previously at EPM Assetis GmbH, has been<br />

appointed by Jones Lang LaSalle Asset Management GmbH <strong>to</strong> its Retail Asset<br />

Management division.....Lars Heese, previously Senior Portfolio Manager at Redevco<br />

Services Deutschland, has joined the management team at Hahn Asset Management.....Henderson<br />

Global Inves<strong>to</strong>rs have appointed Andrew Friend <strong>to</strong> be the<br />

fund manager of its German Shopping Centre Fund, a 50/50 joint venture with mfi.<br />

He had previously managed Henderson‘s Retail Warehouse Fund.....


21<br />

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.............................................................................................................................................................<br />

SUBSCRIPTION & REGISTRATION FORM<br />

Real Estate Finance Intelligence Report<br />

Europe (REFIRE) is a twice-monthly English-language<br />

report providing detailed<br />

information and analysis on continental<br />

European real estate finance. Each issue<br />

contains vital information about the latest<br />

deals done in the major European markets,<br />

and delivers insights in<strong>to</strong> the significant developments<br />

in this hugely dynamic field.<br />

Our readers are global inves<strong>to</strong>rs in real estate,<br />

asset managers, REITs and other real<br />

estate investing vehicles, lawyers, private<br />

inves<strong>to</strong>rs, public sec<strong>to</strong>r authorities – in<br />

short, anybody who is interested in staying<br />

up-<strong>to</strong>-date with and learning more about<br />

real estate finance in continental Europe.<br />

• Published 22 times a year from Frankfurt am Main, in the business heart of Germany, RE-<br />

FIRE is available worldwide on subscription. Issue dates are the beginning and the middle<br />

of each month, with two small breaks throughout the year. Each issue is delivered <strong>to</strong> subscribers’<br />

desks or home address by email notification and immediate PDF download.<br />

• As a subscriber, you will be give a special login code enabling you <strong>to</strong> download the latest<br />

issue from day of publication, in addition <strong>to</strong> giving you full access <strong>to</strong> the full searchable<br />

archive of articles previously published.<br />

• Subscribers will also be able <strong>to</strong> avail of occasional special offers which REFIRE will negotiate<br />

on your behalf, and which we will notify you about accordingly.<br />

• The normal price for an annual subscription is �595.00, but we are offering new subscribers<br />

the opportunity <strong>to</strong> subscribe for the first 12 months for only euro �385.00, a discount<br />

of over 35% off the normal rate.<br />

• For subscribers in the UK, the discounted first-year rate is Stg£275.00 (normal rate<br />

Stg£425.00). If you live in the US or Canada, the discounted first-year rate is US$475.00<br />

(normal rate US$730.00).<br />

YES! I would like <strong>to</strong> subscribe <strong>to</strong> Real Estate Finance Intelligence Report Europe (REFIRE). As a first-time subscriber I qualify<br />

for the new subscriber discount of over 35%. I understand that I can cancel at any time and for any reason and I will receive a<br />

full refund on any undelivered issues.<br />

I would like <strong>to</strong> register for a free trial subscription <strong>to</strong> REFIRE. I understand that you will issue me with my own login code,<br />

enabling me <strong>to</strong> download the next two issues of REFIRE completely free of charge and with no obligation on my part <strong>to</strong> subscribe.<br />

With my login code, I will also be entitled <strong>to</strong> review all past editions.<br />

I would like <strong>to</strong> access REFIRE as part of a multiple subscription for my company, and would like you <strong>to</strong> contact me.<br />

First Name Last Name<br />

Job Title Company<br />

Address 1<br />

Address 2<br />

City Country/State<br />

Postcode/Zip eMail Address<br />

Telephone No.<br />

Method of Payment:<br />

Cheque Enclosed (please make payable <strong>to</strong> REFIRE) Please Invoice Me<br />

Please Charge my Credit Card: VISA Mastercard<br />

Credit Card No.<br />

Expiration Date Signature<br />

Mail or fax <strong>to</strong>: Charles Kings<strong>to</strong>n, Edi<strong>to</strong>r REFIRE, Habsburgerallee 95, 60385 Frankfurt, Germany. FAX +49-69-49085 804

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