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FDI in India's Real Estate Sector: A Constructive Move

Ananth Srinivas analyses the government's decision to allow 100 per cent foreign investment in the construction and real estate development sector.

With the Indian government substantially easing foreign direct investment norms (FDI) in the construction and real estate development sector, chances of the sector attracting big time foreign investment have improved dramatically. Earlier, foreign investments were allowed to a certain extent only in integrated townships. The Cabinet Committee on Economic Affairs (CCEA) has now decided to permit 100 per cent FDI in all types of housing, commercial premises, hotels, resorts, hospitals, educational institutions, recreational facilities, city and regional level infrastructure in a bid to attract higher foreign investment.

Some of the key highlights of the government policy include:

  • Foreign Direct Investment in the sector to be permitted under the automatic route.
  • Minimum area to be developed for each project has been reduced to 25 acres from 100 acres.
  • The earlier requirement of a minimum of 2,000 dwelling units for serviced housing plots has been changed to a minimum built-up area of 50,000 sq.metres.
  • Minimum capital investment for wholly owned subsidiaries now stands at US $10 million.
  • For joint ventures, the minimum capital investment is US $ 5 million.
  • Original investment can be fully repatriated after three years.
  • Sale of undeveloped land is barred to prevent speculation in real estate.

construction industry in indiaFDI in this sector no longer requires mandatory approval from the Foreign Investment Promotion Board (FIPB). The CCEA has also agreed to delegate the power of approval of individual construction projects with FDI component to the local government authorities. These projects shall have to conform to the norms and standards, including land use requirements and provision of community amenities and common facilities as laid down in the applicable building control
regulations, by-laws, rules and other regulations of the State Governments or municipal bodies or other concerned local bodies. The move is expected to have a "multiplier effect on the economy", minister of commerce and industries Kamal Nath has said. It would create employment for skilled and unskilled labour, technicians, artisans and also engineers, architects and designers, feels the minister.

China attracts nearly 30 per cent of foreign investment through real estate, and thus opening up of foreign investment in real estate is a step which will stimulate economic growth, the minister has said. The Indian economy, Asia's fourth largest, is expected to expand 6.9 per cent in the current year through March and construction activity has risen as consumers are taking advantage of three-decade low interest rates for construction of  houses and apartments. The easier norms are expected to boost employment and spur demand for cement, steel and other manufacturing industries as construction activity picks up steam.

Some Concerns

Permitting FDI in real estate is a step in the right direction. We need good quality infrastructure in the country to compete with developed countries. Surely, there will be a multiplier effect on the economy and will boost employment in a variety of sectors. Foreign investment was earlier permitted only in Software Technology Parks and Housing townships. That was insufficient to attract significant investment. Whether the new policy allows foreign companies to acquire Indian companies to start their venture remains to be seen.

However, the requirement of  acquisition of 25 acres of land is a bottleneck. This would mean spiraling real estate costs in the suburbs since none of the cities in India offer 25 acres of free-hold land in the Central Business Districts. If suburban properties become more expensive in the future, the purpose of liberalising the real estate sector would be defeated. The government is expected to allow FDI in retail as well and this would provide a further boost to the initiative. Besides, the creation of Real Estate Funds or REITs in India is also expected to become a reality soon.

Potential pitfalls

There is a danger of indiscriminate real estate development due to the easy approval process. The new policy talks about permitting foreign developers to develop large-scale properties. However, the problem with all Indian cities is haphazard town-planning and a dubious building approval process. What is needed is a Regulatory Authority that facilitates infrastructure development in consonance with sound town-planning and construction regulations. There is also a likelihood of an 'oversupply' situation developing in some areas such as office space for IT companies. Given the high return on rent income, IT office parks would attract more investment than a typical commercial building. If the supply is not in tandem with demand, it could lead to mismatched development. A tax holiday scheme for companies that do not repatriate their income would also be a welcome move.

[Ananth Srinivas is Senior Manager, Marketing, with Cordys Asia, based in Hyderabad, India.

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