BNP PARIBAS REAL ESTATE GUIDE TO INVESTING IN 2013 ABOUT BNP PARIBAS REAL ESTATE...

BNP Paribas Real Estate is the market leader in commercial real estate services across Europe with €662 million of turnover, €156 million of operating profit and 3,300 employees.*

We manage more than 32 million sq m in commercial real estate €13,1 billion of assets under management across Europe across Europe

We valued around 300 million sq m

One of the market leaders in Europe in commercial Property €35m gross turnover Development in consulting

3,900 commercial real estate transactions completed in 2012. One transaction every 16 minutes

* 2012 key figures Contacts in :

MANAGING DIRECTOR DIVISIONAL DIRECTOR (INVESTMENT) (INVESTMENT) Patrick Curran Peter Flanagan +353 (0) 86 256 7121 +353 (0) 86 848 9054 [email protected] [email protected]

EXECUTIVE DIRECTOR EXECUTIVE DIRECTOR (TRANSACTION OFFICES) (TRANSACTION RETAIL) Thomas Carthy Eoin Feeney +353 (0) 86 255 3725 +353 (0) 87 224 5485 [email protected] [email protected]

EXECUTIVE DIRECTOR EXECUTIVE DIRECTOR (PROPERTY MANAGEMENT) (PROFESSIONAL SERVICES Brendan Egan + ASSET MANAGEMENT) +353 (0) 87 235 4829 John McCann [email protected] +353 (0) 86 255 5872 [email protected] Contents

INTRODUCTION Dublin by numbers p. 4 Foreword by Patrick Curran p. 5

DUBLIN OVERVIEW Top 10 reasons to invest in Dublin p. 6 NAMA Fact sheet p. 10 Dublin: the FDI investment hub of Europe p. 14 Guide to Office Market in Dublin p. 16 Guide to Retail Market in Dublin p. 20 Summary of Investment Sales Dublin 2012 p. 25

INVESTOR TOOLKIT Need to know : Key legal and technical terms p. 26 Compare the Market p. 30 Need to know: Tax Clinic p. 34

DUBLIN Future Hot Spots p. 38

Investing in Dublin was edited by BNP Paribas Real Estate in collaboration with Ernst & Young, William Fry Solicitors & IDA Ireland

BNP Paribas Real Estate 20 Merrion Road, Dublin 4 IRELAND

www.realestate.bnpparibas.ie

Front cover picture: ® J. Donelly

3 Dublin by numbers

The number of inhabitants Amount of office stock in of Dublin in the 2011 census, 3.7 million sq.m Dublin City. 1.27 a 7% rise since 2006. Dublin Amount of office stock accounts for 28% of the Irish 140,000 sq.m signed in Dublin by FDI million population which currently companies in 2011/2012. stands at 4.58 million. (Source BNP Paribas Real Estate (Source Central Statistics Office). Ireland/IDA).

17.1%

Image of building Rise in the value to be included. of Dublin’s ISEQ overall index in 2012, one of the biggest gains by a stock index in Europe in this period. (Source - Irish Stock Exchange).

Average annual property investment spend in €1.06 Dublin over the past 8.4% 10 years. Ignoring 2006, (when more than €3 billion Total return for billion was spent by Investors at Dublin Docklands the height of the property cycle) the average annual Offices (North investment spend falls to a more sustainable Docks and South €800 million. Docks) in 2012, ahead of City of (Source – BNP Parisbas Real Estate Ireland). (6.6%). (Source IPD). Foreword

Ireland - the opportunity for International Investors as the real estate market starts to recover.

Following a period of a stable economy, a substantial the initial yield available on these properties is adjustment to costs and Government expenditure, usually in excess of 7.5% (Offices) or nearly twice the the Irish Economy is expected to have modest cost of debt finance. growth over the next few years. The Office sector is leading the recovery and Office Irish Government 9 year bond yields reached 15% in rents are expected to increase 10% - 15% per annum 2011 and have now returned to sub 4% as the debt over the next 2 - 3 years. Occupiers choosing new service sustainability is achieved. Employment at build opportunities will have to pay rents in region 1.85 million is stabilising at 2004 levels. Ireland’s of €430 p.sq.m to justify construction. Today, prime PMI indicators are consistently five or six points rents are at approximately €325 p.sq.m and occupier ahead of other Eurozone countries with inflation inducements are reducing as the market recovers. consistently lower than the Eurozone average. With worldwide prime yields approaching historic Domestic house prices have started to recover in lows, International Investors are increasingly likely Dublin and the national average has returned to a to focus on markets that show attractive historic sustainable multiple of approximately 9 times yields and possible growth in market rents during a disposable income following a long period of five to seven year hold period. This has resulted in overvaluation. Residential rents in major cities are competition returning for key income producing also showing growth as home occupiers choose assets in Ireland that offer these characteristics. rental over purchase. Together with William Fry Solicitors and Ernst & Banks and other legacy asset management entities Young we have collated practical information on are slowly releasing stock to the market from investing in Dublin. We hope you find this guide a defaulted loans and matching International Investor useful insight into the Irish real estate market and requirements with available stock. we look forward to meeting you in Dublin very soon. Commercial values are beginning to stabilise with very limited new construction taking place. The dramatic fall in capital values has been a buying signal for International real estate private equity Patrick CURRAN investors to seek opportunities in Ireland as they are Managing Director able to finance prime income producing real estate BNP Paribas Real Estate Ireland assets at relatively low cost. There is a considerable volume of over-rented properties in the markets and

5 Reasons 10 to invest in Dublin

1 2

Over correction of Rents, Very limited Yields & Capital Values supply line

The current low rental levels in the Irish There have been no completions of new Commercial market leave room for future Office accommodation in Dublin since 2009. upside e.g. prime office rental levels of Indeed no new offices are under €325 p.sq.m. are well below rent required construction at present and no new market to justify new construction (estimated at supply is anticipated for at least another €430 p.sq.m.). 3 years when you consider lead in time of 12 months planning and 24 months for Prime yields are also above their long term construction. averages. For example, the IPD ‘all property’ equivalent yield now stands at 8.8%, 33% This has already led to critical shortage higher than the average level since 1995 of 3rd generation options for office of 6.6%. occupiers in the CBD and will eventually lead to the necessity of a pre-let, which will automatically set new prime rental levels for the City, to satisfy local and FDI demand. DUBLIN OVERVIEW

3

Budgetary measures a boost to the sector The Irish Government reduced Stamp duty significantly in Budget 2012 from 6% to 2%, bringing Irish property acquisition costs in 5 line with Europe and below that of the UK. Zero capital gains were introduced for medium term investors (7 years plus) on Irish economy properties acquired prior to end 2013 recovering (residential and commercial). Ireland has made rapid progress in the The Government also removed uncertainty past 4 years in restructuring its economy. relating to upwards only rent review It returned to growth in 2011 and re-entered clauses in existing leases, paving the way the foreign bond market in 2012. for investors to return to the market. Exports continue to drive the recovery. 2012 exports valued at €92 billion were the highest in a decade.

The recent ‘debt deal’ on banking debt eases the repayment burden for Ireland in 4 the short - medium term.

Favourable tax status for Foreign Commercial Property Investors 6 Qualifying Investment Funds (QIF’s) Property Market are giving foreign buyers a competitive advantage at present in the Investment has stabilised market. Irish regulated funds are exempt As evidenced by the IPD Irish Index from tax on their income and gains which has shown positive returns in irrespective of an investor’s residency. its ‘all property’ index in each of the last No ongoing or yearly tax is charged on the 5 quarters. net asset value of the fund. The IPD Index total return for 2012 was Ireland also boasts a traditional low 3.16%, the first positive annual return Corporation Tax regime currently at 12.5%. since 2007. The office sector recorded a return of 4.9% for 2012, industrial 4.0% and retail 0.5%.

7 Reasons 10 to invest in Dublin

7 Continued success of Ireland and IDA (Industrial Development Agency) in attracting foreign direct investment (FDI). 8 IDA Ireland, the Irish Government agency responsible for attaching foreign direct Return of overseas investment, reported the creation of investors 12,722 new jobs during 2012, as part Foreign investors have been the dominant of 145 individual investments. players in the Irish property market in 2012, acquiring almost all assets sold in The IDA Client base in Ireland now employs excess of €10 million. over 150,000 people. The US in particular have been quick to The components attractiving FDI companies react to the Irish economic recovery play to Ireland include the 4 T’s: tax, talent, with Google, Kennedy Wilson, Northwood technology, and track record and the 3 E’s: Investors and Blackstone all making euro-market, english language, and significant investments in Commercial educated workforce. property in Dublin in the past 18 months. German Investors have also taken advantage of historically high rates of return and have focused on both prime Office and Retail Investments.

Development opportunities are also attracting foreign interest with JV link ups with local Developers now actively taking place. DUBLIN OVERVIEW 9 Emergence of New Industries One of the features of Ireland’s strong FDI performance in 2012 was the gains in employment across a broad range of sectors. New industries recently attracted to Ireland include Cloud Computing, Datacentres and Computer Gaming. Companies operating in these spheres include Dropbox, Microsoft, Interxion, EA and Zynga. 10 Demand for Hotels from Overseas remains solid The Dublin hospitality sector has shown resilient characteristics in recent years and is set to benefit in 2013 from ‘The Gathering’ initiative, when Irish people worldwide are being invited ‘Home’. The revenue per growth available room (RevPar) in Dublin in 2012 was 13.9%, the second highest of 19 European Cities covered.

High profile Hotels were acquired by Foreign Investors in 2012. Namely the Morrison Hotel sold for €23m to Russian Yelena Baturina and The Burlington Hotel, sold for €67m to Blackstone.

Author: © Vincent Fillon

Peter FLANAGAN Divisional Director (Investment) BNP Paribas Real Estate Ireland

9 NAMA Fact Sheet

The Agency acquired €74 bn of par debt real estate loans from the Participating Institutions at an average discount of 57% to par/€32bn.

National Asset Management Agency (NAMA) – an overview

National Asset Management Agency (NAMA) SECTORIAL BREAKDOWN established by the Irish Government in TABLE: Asset classification of property securing December 2009. NAMA’s main function was NAMA loans to provide liquidity to Irish Financial Asset Class Market % Institutions and remove highly problematic Value of Property* land and development loans from the €bn balance sheets of Ireland’s leading domestic Financial Institutions. Office 5.0 15 Retail 4.6 14 The Agency acquired €74bn of par debt real Other investment 4.8 15 estate loans over the following 2 years from property the 5 domestic Participating Institutions (“PI’s”) – Allied Irish Bank (AIB), Bank of A.Total investment 14.4 44 Ireland (BOI), Irish Nationwide Building Hotels 3.4 10 Society (INBS), Educational Building Society Residential 5.4 17 (EBS) and Anglo Irish Bank (Anglo). The PI’s sold the loans to the Agency at an average B. Total completed 23.1 71 discount of 57% to par/€32bn. The Agency Land 6.0 19 acquired the loans in accordance with a Development 3.3 10 complex loan acquisition basis agreed with the EU. In essence however, the price paid Total L&D 9.3 29 approximated to the market value of the Grand Total 32.4 100 underlying real estate as at November 2009. *Reference date for property valuation - November 2009 INVESTOR TOOLKIT

The Agency acquired Land & Development loans and associated Investment and other FIGURE 1: Irish-based assets by asset type property loans connected to the Debtors.

Lending in Irish Real Estates markets relied 6% Development not only on the underlying value of the 21% Residential collateral but also frequently on personal recourse to Debtors. NAMA’s portfolio is 15% Office mainly comprised of income producing 16% Retail investment properties, hotels and completed residential stock. Loans secured on Land & 13% Other Investment Development were less than 30% of the 5% Hotels Agency’s €32bn market value consideration 23% Land as at November 2009.

54% of the final portfolio of loans (€32bn market value) was acquired in Ireland, 38% in UK, with 8% in mainly , Portugal, USA and France. The cities of Dublin & London account for over 60% of Country exposure in Ireland and UK and also 90% of the Irish assets are in major urban centres i.e. Dublin, Cork, Limerick and Galway.

GEOGRAPHICAL BREAKDOWN FIGURE 2: Property assets outside of Ireland and UK In terms of geographical location, the breakdown of property securing acquired loans is as follows: 4% Spain 7% Other countries TABLE: Jurisdiction of property securing acquired 39% Germany loans Market value of Jurisdiction % 16% USA Property* €bn 15% Portugal Ireland 17.5 54 12% France Britain 10.9 34 7% Belgium Northern Ireland 1.3 4 Other 2.7 8 TOTAL 32.4 100

*Reference date for property valuation - 30 November 2009

11 NAMA Fact Sheet

NAMA acquired loans from 772 Debtor is likely to be led by Dublin CBD Office connections. 12 Debtor connections owe a development where Grade A vacancy levels combined €22bn par debt and account for are now below 5% and there is increasing 30% of par debt. The largest 189 Debtor demand for modern fourth generation offices connections are managed directly by NAMA to satisfy both local and incoming FDI and account for €61bn of par debt and equal demand. Select residential development may to 80% of par debt. The original Lending also become viable particularly in South Institutions, under NAMA supervision, . engaged with a further 583 Debtor connections accounting for €13bn of par debt (18%). The total gross cost to the State of rescuing the Irish Banking System including the €42bn The Agency raised €7.2bn in cash from its write down at the NAMA acquisition stage is Debtors from inception in November 2009 to €64bn. NAMA issued Government guaranteed March 2012. It agreed to advance €1.2bn to floating rate notes to the Vendor Financial its Debtors for working and development Institutions to acquire the loans. To date capital and it recently announced its NAMA has repaid €3.25bn. NAMA has intention to provide up to €2bn in Ireland by accumulative debt repayment target of 2016 to complete construction work in €7.5bn by the end of 2013 and is on target to progress and start the development of achieve this repayment. These funds are “green” field sites in anticipation of future primarily being raised from sale of non-Irish supply shortage in key market sectors. This assets to date. INVESTOR TOOLKIT

PROPERTY PORTFOLIO BASED IN BRITAIN

Over a third of the property securing NAMA loans is located in Britain. Figure 3 below, which provides a regional breakdown of British property, demonstrates the heavy concentration of property in the London area.

FIGURE 3: Regional breakdown of property FIGURE 4: British-based assets by asset type located in Britain

12% Development 1.5% Wales 12% Residential 4.4% Scotland 20% Office 62.3% London 11% Retail 31.8% Rest of England 11% Other Investment 17% Hotels 17% Land

NAMA completed its first Vendor finance in Management Company can function taking a April 2012 facilitating the purchase of a medium term view of real estate markets and Dublin office investment and it recently making finance available for its Debtors and announced its intention to provide a further indeed Purchasers of its secured real estate €2bn in Vendor finance over the coming assets. years. NAMA has shown how an Asset

13 Dublin: the Foreign Direct Investment (FDI) Hub of Europe

Foreign Direct Investment (FDI) continues global location data shows that Ireland to play a highly significant role in ranks number one in the world for the Ireland’s economic recovery with the average value of individual investments. country attracting substantial IBM’s global data also shows that Ireland investments from global leaders in digital is number one in Europe for jobs created media, life sciences, international via research and development. financial services and Information and Communcications Technology (ICT). Particularly important in a Dublin context Facebook, eBay, PayPal, Twitter, LinkedIn, are two strategically important hubs: one IBM; the companies that have chosen to is the International Financial Services locate operations in Dublin reads like a Centre (IFSC), where banks, funds, roll call of the world’s most successful insurance companies and asset managers and high-growth companies. are gathered together to serve their international customer base. IDA Ireland, the Irish Government Agency with responsibility for attracting FDI, The other hub is the so-called `Silicon reported the creation of 12,722 new jobs Docks’, an area in central Dublin where in 2012 with FDI employment growing by global giants like Google have established 6,570. 2012 was IDA’s third consecutive a footprint in recent years. Particularly year of growth in net employment while pleasing is the area where this cluster is job losses at IDA client companies were centered – Barrow Street – an old the lowest in a decade. IDA client industrial area, re-invigorated by the companies spent €18.8 billion in the Irish arrival of new IT employers. economy in 2012; an increase of 10% when compared to 2010 data. In 2011/2012 in the Dublin region, Foreign Direct Investment (FDI) client companies IDA attributes its success in attracting FDI signed up to c. 140,000 sq.m of office amid significant economic challenges accommodation. Separate from the take globally and locally to helping its existing up of office accommodation, recent FDI investors to transform their investment approvals by IDA are driving operations in Dublin. This has led to new construction projects. The new marked reductions in job losses. In buildings, primarily in manufacturing, are addition, Dublin offers global companies a required for Life Sciences, ICT and Data talented workforce, technology capability, Centre projects. Among the companies an attractive corporation tax rate and a either underway or planning to construct strong track record in successful FDI. new facilities include Amgen, Allergan, From a Dublin perspective, the strong Apple and Analog Devices. In total some positive is the kind of investments that 140,000 sq.m of construction will require are going into the city. For example, IBM’s 1,500 construction workers over a period DUBLIN OVERVIEW

of approx 2 years. The benefits to the immediate spending power unleashed by construction sector are most significant those who take up the jobs, but there are at this challenging time for the industry. also significant opportunities in the While nobody claims that FDI alone can consulting fields of engineering, propel the Irish economy towards a full architecture, quantity surveying and sustained recovery; the sector certainly related disciplines, in addition to the can play its part in wider national investment and employment recovery efforts. While the direct jobs that opportunities resulting from the purchase result from these announcements are of plant and equipment, green field most welcome, the spin-offs are also construction and fit out of acquired offices vitally important and Dublin is an and facilities. example of this. There is of course the

IDA Ireland Head Office Author:

is located in Dublin and Frank CONLON it has offices worldwide Head of Property IDA Ireland including New York, Boston, Wilton Place California, Chicago and Atlanta Dublin 2 www.idaireland.com in USA, together with France, Germany, , UK, Asia Pacific and South America.

15 Guide to Dublin’s Office sector

Spencer Dock North Docklands Ballsbridge

The Convention Centre Dublin South Docklands Aviva Stadium

IFSC Facebook May 2022 th © Peter Barrow Photography 6 © Peter

Fitzwilliam Square Grafton Street Trinity College Google

St Stephens Green

Central Business District Merrion Square DUBLIN OVERVIEW

Dublin Office Market The National Asset Management Agency The Dublin Office Market whilst relatively (NAMA) was established in December 2009 small in comparison to many European to address the serious problems which arose capital cities continues to evolve in line with in Ireland’s banking sector as a result of modern occupier requirements. The total size excessive property lending. The agency has of the Dublin Office market is approximately acquired loans (development and associated 3.7 million square metres and has a current loans) with a nominal value of €74 billion overall vacancy rate of 19%. Within the from participating financial institutions and market itself, there are essentially two in effect is the State’s biggest landlord. NAMA sectors, namely the City Centre market which control a significant amount of the Dublin’s typically accounts for 60% of the annual take Office market, however, the bureaucracy of up and the suburban market where the approval process in order to get Lease occupation costs are approximately 50% less Agreements formalised can be lengthy and than the City Centre. time consuming for potential occupiers.

Take up in 2012 was 150,000 square metres No new office buildings have been constructed compared to the long term "15 year" in Dublin since 2009 and therefore occupiers average of 167,000 square metres. are restricted to looking at existing stock. Approximately 40% of the available stock in Typical lease terms are 10 year full repairing the City Centre is effectively obsolete whilst and insuring leases incorporating an upwards / 96% of the Q4 2012 take up was modern third downwards open market rent review at generation office space. 5 years. Break options at year 5 are also prevalent. Tenant inducements in the form of With prime City Centre rental levels currently rent free periods are typical and can range at €325 p.sq.m and a reluctance from from 6 – 12 months depending on the length developers to commence any new buildings of lease, quality of space and covenant unless a pre-let agreement at a rental level proposed. of €430 p.sq.m is in place, we expect prime rental levels to increase in the short-medium Given the global economic situation and the term by 10-15% per annum. Certainly market fact approximately 55% of annual take up is sentiment is that prime rental levels have from overseas companies lease terms have bottomed out and modern buildings centrally shortened in recent years to meet occupier located with good accessibility and no requirements. landlord difficulties are well set to experience capital growth over the next few years.

17 Guide to Dublin’s Office sector

With the IT, Pharmaceutical and Agri Sectors Buildings in Ballsbridge, Dublin 4 on a pre-let enjoying strong business growth in Ireland agreement negotiated on IBM’s behalf by there is now competition for the best BNP Paribas Real Estate. This is the first pre- buildings from these companies who are let in the Dublin Office Market in four years looking to attract and retain staff in a very and is tangible evidence of the improving competitive recruitment market. In recent office market. years there has been a noticeable increase in these companies looking to establish or grow In summary, there is clear evidence of an their business in the City Centre as opposed improving Dublin Office market particularly to in suburban developments where in the prime City Centre locations. Prime rental occupiers perceive City Centre solutions growth of 10-15% per annum is envisaged in represent better overall value. the short-medium term as the shortage in current supply and lack of development finance Whilst suburban rents have stabilised at ensure the availability of modern space in the €160 p.sq.m. for the better buildings we City Centre remains limited. envisage modest rental growth and muted capital growth in this sector for some time. In our opinion, City Centre refurbishment We expect the majority of occupiers to focus opportunities in prime locations capable of on the City Centre and we expect this trend meeting current occupier requirements and to continue in the medium term. offering floor plates of between 500 and 1,000 square metres offer the optimum opportunities The lack of prime quality buildings in the City for investors to maximise rental and capital Centre can be readily demonstrated by IBM’s appreciation in the coming years. acquisition of Number One Shelbourne

SHEL- TRINITY BOURNE POINT

1 Shelbourne Buildings – Acquired by BNP Paribas 1 Trinity Point - Prime building let by Real Estate on behalf of IBM BNP Paribas Real Estate at €323 p.sq.m. DUBLIN OVERVIEW

Occupier Key Building Considerations ĩŽ‚€“ˆŽ - Staff/Clients ĩ‚‚„’’ˆˆ‹ˆ“˜ - Public/Private Infrastructure ĩ“€ Œ„ˆ“ˆ„’ - Shops/Leisure/Restaurants ĩ„‚ˆÿ‚€“ˆŽ - Air Con/Raised Floors/Fitted ĩ€˜Ž”“ ÿ‚ˆ„‚˜ - Size/Shape of Floor Plate/Location of cores ĩ‘Žÿ‹„ - Frontage/Signage Potential/Branding rights ĩ€‘€‘Šˆ† - Availability ĩ”’“€ˆ€ˆ‹ˆ“˜ - Green Issues/Company Policy ĩƒ‰Žˆˆ†„•„‹ŽŒ„“ - Disturbance/Competition ĩŽ’“ĥ„“ - In Context of above Issues ĩ - Is it involved?

Office Market Key Dynamics

Lack of Quality Product

Globalisation Shorter leases (International Accounting Standards Board)

New Lease Shortage of Development Structures Finance Rental Growth Location / Changing Landlord Profiles Flight to Quality

Sustainability Evolving "Two Tier" Market (Prime/Secondary) Increasingly Sophisticated Occupiers / Advisors

Author:

Thomas CARTHY Executive Director (Transaction Offices) BNP Paribas Real Estate Ireland

19 Guide to Dublin’s Retail sector

Ilac Shopping Centre Arnotts Department Store Jervis Shopping Centre

Clerys Department Store

Henry Street Trinity College May 2012 th © Peter Barrow Photography 6 © Peter

Temple Bar Grafton Street

Abercrombie & Fitch Terminus

Wicklow Street Stephens Green Shopping Centre Brown Thomas Department Store DUBLIN OVERVIEW

Dublin City Centre Retail A major addition to the area is Abercrombie & Fitch who have just opened on College > Grafton Street & Environs Green, which was not previously considered Grafton Street located on the south side of as a prime retail pitch. the City remains the most sought after retail destination in Ireland. It is located adjacent St Stephens Green Shopping Centre is to Dublin’s CBD and is a popular destination located off the top of Grafton Street and is for Dublin’s many tourists. anchored by Dunnes Stores. This Centre has struggled somewhat in recent times due to The major occupiers on the street are the the poor configuration of its retail units and upmarket department store Brown Thomas uninspiring tenant mix but is set to get a and Marks & Spencer who trade directly boost with the planned opening of a new opposite them. The lack of adequately sized Muliplex cinema at roof level. shops to meet modern retailer requirements and the opening of > Henry Street & Environs has taken the gloss of Grafton Street a little. Henry Street on the North side of the City There is still however significant pent up Centre has a broader mix of anchors - Arnotts demand for the right sized units with Department Store, Primark, Debenhams, minimal vacancy and a number of retailers Dunnes Stores and Marks & Spencer. have unfulfilled store requirements. Active requirements include Massimo Dutti, Levis, Henry Street also houses two enclosed Thomas Sabo, Kurt Geiger and Cath Kidson. shopping schemes. The Jervis Centre is The most recent letting on the street was to located opposite Primark and next to M&S. the Danish retailer ‘Only’. Forever 21 opened their very first European store here in 2011 and is also home to what Unlike many other European cities, Dublin is reportedly the largest New Look store in does not have a defined or recognised Europe. The which was originally ‘luxury’ retail Street with many upmarket developed in 1980 has recently been retail brands to date remaining content to substantially refurbished. It shares many of trade as concessions within Brown Thomas the characteristics of St Stephens Green Department Store. Shopping Centre and has to date failed to capture the imagination of major retailers. "Wicklow Street which intersects with The long planned ‘Dublin Central’ Grafton" Street has become an increasingly development site is located immediately popular location for many upmarket or adjoining and if this scheme gets off the specialist retailers. Here JoJo Menem Bebe ground it should improve the attractiveness has just opened their first Irish store and will of the Ilac. join existing retailers such as Kiehls, Rockport, Molton Brown, L’Occitane and There has historically been little vacancy on Camper. Henry Street and it has attracted a large range of new retailers in recent times. These include Skechers, Fat Face, Hairspray and Mac who recently opened their first standalone Irish store.

21 Guide to Dublin’s Retail sector

‡„Œ€‰Ž‘Ž”“Ž “Ž–’‡Žˆ†’‚‡„Œ„’ The total Dublin Shopping Centre supply is in the order of 800,000 sqm. The 5 large out of town schemes account for 280,000 sqm of this space or around 35% of all supply. They are as follows: īˆ –‰ŒŒ‰Ž“ĭőŏēŔőō“‘Į īˆ ŒŽƒˆ’„“”—Ž Ž”’ ĭœŔēŐŒō“‘Į ī‰†† ™ŒŒ ™ˆ‰Ž‡ Ž”’ ĭőŎēŕōō“‘Į ī•Ž„’•—Ž Ž”’ ĭŔŕēŖœō“‘Į īˆ ‘•’ ēŒŒ‡ˆ”ĭőŖēŏőō“‘Į All of the 5 out of town shopping centres are located on or close by the M50 orbital motorway. All have live planning permission for extensions. A sixth out of town scheme is planned for lands at Cherrywood in South County Dublin. The two most dominant schemes are The in North West Dublin and Dundrum Town Centre in South Dublin.

> The Pavillions, Swords, Co Dublin Southside counterpart Dundrum it draws This is located in Swords in North County from a wide catchment and is a hugely Dublin. It originally opened in 2001 and was popular destination for retailers. It extended in 2006 with cinemas and continually operates at near 100% occupancy additional retail including Zara. It is anchored and recent new additions include Mexx, by Dunnes Stores and Superquinn and Skechers, Inglot, Pandora, Nandos, Foot includes Next, River Island, H&M and Mango Solutions and Pumpkin Patch. in its line up. A further extension has received planning permission with House of Fraser > Dundrum Town Centre, Dublin 14 and M&S understood to have been signed up. This is located in an affluent south Dublin suburb on the LUAS light rail line and opened > The Blanchardstown Centre, Dublin 15 in 2005. It has arguably the best tenant mix This is the largest overall shopping scheme of any shopping scheme in Ireland with a line in Ireland when the adjoining retail park and up including House of Fraser, M&S, Hamleys, leisure space is included. It opened in 1996 Harvey Nichols, Primark, M&S and more and the core shopping centre comprises over recently Hollister. There are a number of 67,350 sqm anchored by Dunnes Stores, retailers actively looking to locate within the Debenhams, Primark and M&S. scheme however as there is little tenant Planning permission was granted in 2009 for turnover these requirements remain a further 32,515 sqm extension to be known unfulfilled. The scheme also included a large as the ‘Yellow Mall’. M&S were earmarked to and successful range of complimentary relocate to a 11,150 sqm unit here. While not restaurant occupiers including a newly perceived as being as upmarket as its opened Jamie Oliver restaurant. Planning has been received for a second phase. DUBLIN OVERVIEW

> Shopping Centre, Dublin 22 > The Square, Tallaght, Dublin 24 This is located on the M50 at the junction This was Ireland’s first regional scale town with the N4 and opened in 1997. It is centre scheme which opened in 1990. anchored by M&S and Dunnes Stores Unfortunately, very little has happened at the (drapery) only. It has suffered somewhat due scheme since then and a proposed extension to its proximity to the much larger is on hold. Dunnes Stores, Tesco and Blanchardstown Centre and lack of critical Debenhams are the anchor stores. Other mass. A number of planning applications to major occupiers include H&M, River Island extend have not borne fruit but this may be and Dealz. set to change as we understand that both Tesco and Primark have committed to opening new stores in the scheme.

Comment on the Principal Retail Park Schemes The first Retail Park opened in Ireland in 1990. After a slow start the sector took off and the majority of space has been developed in the last ten years. There are 15 retail parks with a total floor area of 250,000 sqm. Overall vacancy rates are currently around 10% with a much lower rate in the principal schemes which all operate close to 100% occupancy.

> Blanchardstown > West End This forms part of the overall Blanchardstown West End, although under separate shopping complex and is the largest Retail ownership is immediately adjoining The Park development in Ireland with the most Blanchardstown Centre and forms part of the impressive tenant mix with retailers such as overall retail park offer. It has full open use TK Maxx, Mamas & Papas, Harvey Norman consent and is the closest scheme in Ireland and Lifestyle. DFS opened their very first Irish to a dedicated fashion park. Occupiers store here in 2012 and is trading above include Next, New Look, Laura Ashley and expectations, as a result of which the UK Heatons. We understand that both GAP and retailer is now believed to be accelerating NIKE have committed to opening stores here their expansion plans. in 2013.

> The Park, Carrickmines This scheme is located in the affluent South Dublin and is the dominant scheme in the catchment area. It was built in two phases with part of Phase Two having permission for ‘open use’ retailing. TK Maxx, Mothercare, Harvey Norman, Currys, Lifestyle are among the current occupiers. Next Home opened here in 2011 and there are a number of retailers with active requirements for the scheme.

23 Guide to Dublin’s Retail sector

> Airside > General Outlook This is located in Swords, North Dublin close to the airport. It is the second largest retail At the time of writing Ireland has faced its park scheme in the Country but unlike its fifth consecutive annual austerity budget. principal counterparts the uses are restricted Following a sharp decline in retail sales in to ‘Bulky Goods’ and no ‘Open Use’ ie fashion both 2009 and 2010, retail sales stabilized in etc retailers are permitted. Major occupiers 2011 and have shown some positive signs include B&Q, Woodies, Harvey Norman and throughout 2012 despite the introduction of PC World. a 2% VAT increase in January. The recent influx of new retail entrants suggests they 10 RECENT NEW ENTRANTS believe the outlook is positive. The list of IN THE IRISH RETAIL MARKET recent new retailers includes long established global brands who we believe 1 Abercrombie & Fitch would not enter any new market and commit to significant capital expenditure in the absence of detailed research and extensive 2 Hollister due diligence.

3 MAC Cosmetics While vacancy rates in the Prime shopping locations remain low, rental levels on new 4 DFS lettings are generally at 50-60% off their peak levels in 2007. While we would not be confident in forecasting rental growth in 5 Skechers 2013, we see it as a year when the retail 6 demand / supply equation swings back in Next Home favour of the landlord and it will provide a sound platform for future rental growth. 7 JoJo Menem Bebe Author: 8 Mexx Eoin FEENEY 9 Executive Director Dealz (Transaction Retail) BNP Paribas Real Estate Ireland 10 Pumpkin Patch DUBLIN OVERVIEW

Summary: Investment Sales - Dublin 2012

Property Price Rent Yield Size (SQ M) Lease Details Purchaser (€m) (€m)

78 Sir John Let to State Street 16,226 Rogerson’s 7.1% International (Ireland). Kennedy 106 7.819 plus 140 Quay, (NIY) 25 year lease from Wilson car spaces Dublin 2 August 2009.

AIB Davy 15,117 Let to AIB plc. Bankcentre, 9.6% Target 70.5 7.076 plus 175 20 year FRI lease Ballsbridge, (NIY) Investment car spaces from May 2006. Dublin 4 PLC

Alliance 210 units Apartment 7.8% Kennedy (202x2-beds Building, (GIY) Various Residential Wilson / 40.0 3.26 & 8x1-beds) The 6.25% tenancies. Fairfax Plus 230 car Gasworks, (NIY) Financial spaces Dublin 4

Riverside II, Sir John 8.62% 6,785 plus 39 Let to BNY Mellon & Rogerson’s 35.5 3.196 AM Alpha (NIY) car spaces Beauchamps Solicitors. Quay, Dublin 2

One 5,160 Let to Bord Gais Warrington 7.42% Northwood 27.4 2.124 plus 31 Eireann. 20 year FRI Place, (NIY) Investors car spaces lease from June 2010. Dublin 2

119 units 4 Various Residential 2.08 semi-d coach Sandford 7.4% tenancies. RESI – houses, office Lodge, (GIY) Office Building extends Kennedy 27.4 1.95 building, gate Ranelagh, 5.8% to 370 sq m and Let to Wilson Office – lodge & 130 Dublin 6 (NIY) National Adult Literary 0.125 basement car Agency spaces

St. Martin’s Davy House, 7,135 plus Multi-tenanted Target Waterloo 22.5 3.205 13.64% 156 car five-storey Offices Investment Road, spaces over Retail. PLC Dublin 4

25 Need to Know: Key legal and technical terms

The law firm William Fry gives you the legal keys to the Irish property market.

1. Holding a Property 3. Registration

In general, property is acquired by buying it Ireland operates a land registration system outright, leasing it, or buying the remainder where a person’s interest in property is of the term of on existing Lease. registered on a public register. This ensures that an owner’s interest in property is documented and protected by a State guarantee. Since 2011, all land is required to be registered, except certain leases with terms less than 21 years. 2. Different Interests

Depending on the nature of the interest, the owner will have different rights and duties in relation to the land. It is not unusual that one piece of land may have several interests of different kinds owned by different people at the same time. For example, a landlord, a tenant and a sub-tenant. INVESTOR TOOLKIT

6. Property as Security

If a financial institution is providing finance for the purpose of a commercial property, the property itself will usually be the security for the loan.

4. Buyer Beware The maxim caveat emptor (“let the buyer beware”) applies to property. This means 7. Planning that the buyer acquires the property in its Permission existing condition. Consequently, a surveyor Planning permission is required before an or engineer should inspect the building at an owner can develop buildings or land, or early stage, before contracts are signed, to materially change their existing use. ensure it is free from costly defects. Applications are made to the local planning authority.

5.Selling a Property To sell a property, the parties enter into a detailed written contract to transfer the 8. Restrictions interest in the property from the seller to the on Acquiring Property buyer. The buyer’s solicitor will carry out a due diligence on the title and planning status There are no restrictions on non-resident of the property. Any problems with the title parties purchasing or leasing property in generally follow the property and so become Ireland. the responsibility of the buyer including environmental, secured liabilities or planning problems.

27 Need to Know: Key legal and technical terms

11. Occupation Costs

A tenant is responsible for all costs associated with the building (on its own if it is a sole tenant or on a shared basis if it is a multi-let building). A tenant is liable for municipal rates, shared service charge 9. Commercial costs, insurance and, typically, VAT. Leases

Commercial Leases were, historically, granted for a term of 25 years but, following 12. Lease a change in VAT legislation, at present Assignments shorter terms of 10 to 15 years, with break options, are becoming more common. There Provided the consent of the landlord is is no automatic right to terminate the lease, obtained to an assignment, the tenant is although this is a matter for negotiation totally released from the obligations under between the landlord and the tenant. the lease on an assignment as these will be taken over by the party acquiring the tenant’s interest.

10. Rent Reviews

Rent reviews typically occur at 5 yearly intervals. Ireland introduced legislation which prohibits reviews of rent on an upwards only basis for leases put in place after 1 March 2010. This has created a two tier investment market where legacy leases are fixed at rents which may be significantly higher than the current market rent and the more recent leases are fixed at market rent. INVESTOR TOOLKIT

15. Building Energy Reports

A Building Energy Report is now required for every new lease or assignment.

13. Repair

Most leases oblige the tenant to maintain and keep the premises in good repair, order and condition. If the lease is part of a multi- let building, the tenants will contribute to the repair and maintenance of the building through a service charge.

Author:

Brian O'CALLAGHAN Partner William Fry Fitzwilton House 14. Condition of the Wilton Place Dublin 2 Property at the end Tel. : +3531 639 5000 of the Lease Term Email : [email protected]

When a lease expires, the tenant has to hand the premises back in good repair. Failure to do so generally entitles the landlord to a right to claim damages, subject to a statutory cap equivalent to the diminution of the value of the landlord’s reversion.

29 Need to Know: Rent: how Ireland is positioned relative to its

IRELAND FRANCE

How can real estate Ownership or lease agreement. Ownership or lease agreement. be held?

What rights over real All documents transferring or encumbering All documents transferring or encumbering property are required real estate properties must be registered at real estate properties must be published the Land Registry, except for certain Leases at the Land Registry (Conservation des to be registered? with terms less than 21 years. hypothèques) in order to be binding upon third parties. What property documentation do you need to register?

Are there nationality No. Generally no restrictions except under restrictions on land certain circumstances where exchange control provisions trigger filing obligations. ownership?

Who usually produces The seller’s lawyer usual produces the In case of direct sale of real estate the documentation documentation in real estate transactions properties, French notaries, and in case of and also, usually, in relation to the sale of a indirect sale, any legal counsel. in real estate property by way of a share sale. transactions?

What are the main ī†† ’Œ ”” ’ ī†† ’Œ ”” ’Ĕ documents involved īŒ Ž”’ƒ” ī• „‰Œ‰‡ Žƒ ’ ’”Ĕ ī’Ž“† ’ ī’‰“ ’“Œ Ž„•’ƒˆ“ ‡’  Ž” in a real estate under conditions precedent; acquisition? ī ‰ŽŒ“Œ Ž„•’ƒˆ“ ‡’  Ž”Ė INVESTOR TOOLKIT

European neighbors

GERMANY ENGLAND & WALES

ī—Ž ’“ˆ‰Ĕ Ownership or lease agreement. īŽ„‰Ž‰•’’”‰Œ—Ž ’“ˆ‰Ĕ ī ’ „‰”’™‚•‰Œ„‰Ž‡’‰‡ˆ”(real estate-like right in rem entitling its holder to build on land owned by a third party).

Rights in rem over real estate require registration, All documents transferring or encumbering real estate including: properties must be published at the Land. Registry in order ī—Ž ’“ˆ‰Ĕ to be binding upon third parties. ī“  Ž”“ē’ Ę ”‰– •’ƒˆ“ ’‰‡ˆ”“ē•“•†’•ƒ”’‰‡ˆ”“ē priority notices and hereditary building rights; īŽ„ƒˆ’‡ “ē’”‡‡ “Ž„’ Ž”ƒˆ’‡ “Ė

Generally, no restrictions apply to foreign ownership of No German real estate.

Typically, seller’s lawyer prepares the first draft of the The Seller’s legal counsel in relation to asset sales and sale and purchase agreement to be marked-up by buyer’s also, usually, in relation to indirect sales (share sales). lawyer and subsequently negotiated until a final agreement is reached.

ī†† ’Œ ”” ’ēƒŽā„ Ž”‰Œ‰”™‡’  Ž”Ĕ ī†† ’Œ ”” ’Ĕ information memorandum; ī• „‰Œ‰‡ Žƒ ’ ’”Ĕ ī• „‰Œ‰‡ Žƒ ’ ’”Ĕ īŒ ƒŽ”’ƒ”Ĕ īŒ Ž„•’ƒˆ“ ‡’  Ž”Ĕ ī’Ž“† ’Ė īƒ‘•‰“‰”‰ŽāŽŽƒ ’’Ž‡  Ž”“Ĕ ī““ ”ħ’ ’”™ħ†ƒ‰Œ‰”™Ž‡  Ž”‡’  Ž”“Ė

31 Need to Know: Acquisition: how Ireland is positioned relative to its

IRELAND FRANCE

What are the usual The usual form of Real Estate Lease is a ī ’•Ž„Œ “ “(whereby the tenant forms of real estate Commercial Lease. Residential properties undertakes to construct buildings on have a much simpler form of Lease. landlord’s plot of land); leases? ī ’ƒ‰ŒŒ “ “Ĕ ī “‰„ Ž”‰ŒŒ “ “Ė

Are commercial lease Yes. Certain legal provisions mainly relating to provisions freely the duration and to the tenant’s right of renewal are mandatory. Other provisions not negotiable? covered by the French commercial code are freely negotiable.

Is there a maximum No. Leases longer than 21 years must be Commercial leases cannot be less than term for commercial registered at the Land Registry. 9 years, but may be entered into for a longer term. Tenants benefits from a triennial right of leases? termination but it may contract out such right.

Commercial leases longer than 12 years must be published with the Land Registry.

How are commercial Leases granted after 1 March 2010 are Commercial rents may be indexed on an rents reviewed? reviewed on the basis of open market rent. annual basis. However, an index is only Leases before that date typically have an valid if it relates directly to the object of the upwards only rent review clause. contract or the activity if one of the parties (generally the National Cost of Construction Index published by the French State Statistical Institute is chosen by the parties). In addition, legal rent review can occur every three years if specific criteria are met.

What are the basic ī‰” Ž””ˆ””ˆ  ŽŽ” ŽŠ™“ ī ‰’“Ž„‰Ž”‰Ž‰Ž‡”ˆ “”’•ƒ”•’ †”ˆ  obligations of peaceful possession of the property through rented premises (generally major repairs); the lease term. ī Ž“•’ ”ˆ ’ Ž” „’ ‰“ “Ė landlords? ī Ž•Œ”‰Ęƒƒ•‰ „‚•‰Œ„‰Ž‡ē’ “Ž“‰‚‰Œ‰”™ for repair of the structure, common parts and insurance.

What are the basic ī™’ Ž”Ž„“ ’–‰ƒ ƒˆ’‡ “Ė ī™’ Ž”Ž„“ ’–‰ƒ ƒˆ’‡ “Ĕ obligations of ī ”ˆ ’ ‰“ “‰Ž‡„’„ ’Ž„ ī ”ˆ ’ Ž” „’ ‰“ “‰Ž‡„ condition. maintenance and repair; tenants? ī Ž“•’ ‰”“‚ ŒŽ‡‰Ž‡“ē ’ƒˆŽ„‰“ Ž„ ī Ž“•’ ‰”“‚ ŒŽ‡‰Ž‡“ē ’ƒˆŽ„‰“ Ž„ goods within the rented premises. goods within the rented premises. INVESTOR TOOLKIT

European neighbors

GERMANY ENGLAND & WALES

ī ’ƒ‰ŒŒ “ “Ĕ ī ’•Ž„Œ “ “(whereby the tenant undertakes to construct ī “‰„ Ž”‰ŒŒ “ “Ĕ buildings on landlord’s plot of land); ī ŽŽƒ™‡’  Ž”“(Pachtverträge). ī ’ƒ‰ŒŒ “ “Ĕ ī “‰„ Ž”‰ŒŒ “ “Ė

Generally, commercial lease provisions can be widely Yes negotiated between the parties. However, if lease provisions qualify as general terms and conditions, they are subject to a particular scrutiny and have to comply with a specific set of statutory provisions and case law to be valid.

Commercial leases may have an indefinite term subject to No termination within the statutory or contractually agreed notice periods. Generally, fixed terms must not exceed a term of 30 years. A lease agreement providing for a fixed term of more than 30 years will be deemed a lease having Leases longer than seven years must be registered at the an indefinite term after 30 years, and then be subject to Land Registry. termination within the statutory notice periods.

Rents under commercial leases binding the landlord to a Generally an ‘open market’ basis but the parties can agree term of at least ten years may be linked to the consumer indexation or any other basis. price index published by the German Federal Statistic Office. Commercial leases may also provide for a stepped rent or a lease review clause instead to adjust the rent to fair market rent at the time of renewal or extension.

ī Ž„– ’”ˆ Œ “ „“ƒ ‰Ž”ˆ ‡’ „ƒŽ„‰”‰ŽĔ This will depend on the terms agreed between the parties. ī ‰’Ž„‰Ž”‰Ž”ˆ ’†Ž„“ˆ ŒŒ†”ˆ ’ ’”™Ĕ Usually in a multi-occupied building the landlord retains ī Ž“•’ ”ˆ ’ ’”™Ė responsibility for repair of the structure, common parts and insurance and is reimbursed via a service charge. However, in single let buildings, particularly for a non-office use, the tenant will assume liability for the repair of the entire building and also for insurance.

ī™’ Ž”Ž„“ ’–‰ƒ ƒˆ’‡ “Ĕ ī™’ Ž”Ž„“ ’–‰ƒ ƒˆ’‡ “Ĕ ī ”ˆ ’ Ž” „’ ’”™‰Ž‡„‰Ž” ŽŽƒ Ž„’ ‰’Ė ī ”ˆ ’ Ž” „’ ‰“ “‰Ž‡„‰Ž” ŽŽƒ Ž„’ ‰’Ĕ ī Ž“•’ ‰”“‚ ŒŽ‡‰Ž‡“ē ’ƒˆŽ„‰“ Ž„‡„“—‰”ˆ‰Ž”ˆ  rented premises. (but please see comments above in relation to single let buildings).

33 Tax clinic

Whether you are an individual or corporate investor E&Y Dublin’s Irish property taxation overview provides a brief introduction to Ireland’s property tax system, taking us from acquisition right through to disposal.

Acquisition of Irish Property > Value Added Tax (VAT) > Transfer taxes Under current VAT legislation introduced in Stamp Duty is an Irish transfer tax payable 2008, the general rules are that if a property by the purchaser of Irish situate property has not been developed within the last 20 whether an individual or corporate regardless years its sale is exempt from VAT. Where a of tax residency. In the case of the acquisition property has been developed but is sold of residential property a 1% rate applies to before it is completed VAT will apply to the the first €1m with the excess taxed at 2%. sale at 13.5%. Non residential property is subject to a rate of 2% and shares of a company incorporated Where a developed property has been in Ireland are subject to a rate of 1%. completed and is sold as “new” (i.e. sold for the first time within 5 years of the date of completion of the development) the property is subject to VAT at 13.5%. Should the sale take place outside this period it will be exempt from VAT. INVESTOR TOOLKIT

Where property is being sold for the second A non resident company in receipt of rental or subsequent time, VAT automatically income from Irish located property that is not applies if the sale occurs within the 5 year treated as trading income derived from an period as above and the property has been Irish branch or agency is subject to standard occupied for less than 24 months. rate income tax, which is currently 20%. A In the event that a commercial property is non resident company is not liable to the not “new” as defined, its sale is VAT exempt. close company surcharge. However, the purchaser and seller may Where the investment is by way of a nonetheless jointly elect to apply VAT on the regulated fund there will be no tax on income sale (VAT rate 13.5%) in order to retain or gains at the level of the fund. In addition entitlement to VAT recovery of the there will be no withholding taxes on development/acquisition costs of the distributions or disposals by non-Irish property. resident unit holders. There is no option permitted to tax the sale Where an Irish resident individual directly of exempt residential property. holds rental property or earns income from a fund, they will be subject to income tax of between 20% and 41% (less various personal Holding of Irish property credits) on their rental income. Additional, Irish source rental income is taxable in social charges may also apply. Ireland regardless of the tax residence of the recipient. Normal expenses associated with Where the owner of the property is non Irish renting property are generally allowable for resident and the rental income earned is tax purposes. However, the tax deductible being transferred outside of Ireland, the interest expense for residential rented tenant will be required to withhold tax at property is restricted to 75% of the interest 20% on the payment of rent to the landlord cost incurred. and pay to the Irish Revenue Commissioners. The non-resident landlord is entitled to file Income of Irish resident companies is subject a tax return with the Irish Revenue and seek to corporation tax at rates of 12.5% and 25%. a refund of any excess withholding tax over Where the rental income is treated as trading the actual liability. A tax registered non profit the 12.5% tax rate is likely to apply. resident landlord can also obtain permission Where the rental income is treated as non from the Irish Revenue to receive the rent trading income it is taxed at 25%. If the Irish without deduction of tax. resident company is a closely controlled company then it might also be liable to the retained income surcharge in respect of non distributed rental income. This can push the effective tax rate on rental income up to 40%

35 Tax clinic

Accounting depreciation is not an allowable > VAT on Leases deduction for Irish tax purposes, however, The letting of commercial property is VAT capital allowances (tax depreciation) may be exempt in Ireland. The landlord may opt to available as a deduction over an 8 year charge VAT on the rent (at the standard VAT period at a rate of 12.5% or 25% on items of rate of 23%) ensuring the seller retains his plant and equipment. Industrial buildings entitlement to VAT recovery of the capital allowances, usually at a rate of 4%, is development/acquisition costs of the also available in respect of a specified range property. A VAT registered tenant may be of commercial buildings. Other rent related entitled to claim the VAT on the rent as a deductions may also be available. credit in respect of their normal VAT liability.

> Real Estate Investment Trust There is no option available to tax the letting A Real Estate Investment Trust (REIT) of residential property. structure, similar to comparable structures in the US, UK and other developed economies, > Stamp Duty on leases is to be introduced into Irish law in July 2013. Stamp duty can arise both in respect of the rent and in respect of any premium payable REITs are listed companies, used to hold under a lease. rental property, which provide a return for investors similar to that of direct investment The rate of stamp duty payable on the rent in property. depends on the term of the lease. īˆ ’ ”ˆ Œ “ ‰“‰Ž„ āŽ‰” ’†’” ’ Qualifying income and gains of a REIT will be not exceeding 35 years, the rate of duty is exempt from Irish corporation tax at the level 1% of the average annual rent. of the REIT company. Instead, the REIT is īˆ ’ ”ˆ Œ “ ‰“†’” ’ ˜ƒ „‰Ž‡ŐŒ required to distribute profits annually, for years but not exceeding 100 years, the rate taxation at investor level. of duty is 6% of the average annual rent. We are currently awaiting specific detail īˆ ’ ”ˆ Œ “ ” ’ ˜ƒ „“Ŏōō™ ’“”ˆ  regarding the proposed structure. This rate of duty is 12% of the average annual should be available when the Finance Bill is rent. published in H1 2013. No stamp duty is payable in respect of a lease of residential property for an indefinite term or for a term of less than 35 years, provided the annual rent does not exceed €30,000. INVESTOR TOOLKIT

Where a premium is payable in respect of a A half year charge will apply for 2013, with lease, the rate of duty applicable is the same a full year charge for 2014 and subsequent as that which applies in respect of the years. This effectively means that for 2013 transfer of property (see acquisition section). there will be a double property charge, as the household charge will also be payable. > Rates and Charges A property tax, known as Rates, applies to most commercial buildings. The Rates vary Sale of property - Capital Gains between local authorities and are payable by €—ĥŽ‘Ž‘€“ˆŽ€—Ž the occupier of the premises on the date the chargeable gains Rates become payable. Chargeable gains arising on the sale of Irish Ireland has only recently re-introduced the property or shares in an Irish property concept of property taxes for residential company by an individual investor (whether property; or not Irish resident) are liable to Capital Gains Tax at 33%. Gains arising to a corporate 1. The Non Principle Private Resident Charge entity are subject to the same level of is paid by the owner of a residential taxation but are assessed as Corporation Tax property (excluding the owner’s principle on chargeable gains. private residence). This will be abolished from 1 January 2014. Please note that this article is intended as a 2. The household charge is payable by the brief overview of the topics discussed. owners of all residential property Further tax advice should be sought when (including the person’s principle private entering into any Irish property transactions. residence). In the case of rental property, it is the landlord that is responsible for paying this charge (not the tenant). 3. The recent budget saw the introduction of Author: the Local Property Tax (LPT) to replace the household charge. This will come into John HEFFERNAN effect from 1 July 2013. The tax is payable Partner Private Client Services Ernst & Young by owners of residential property (or Harcourt Centre tenants where leases are in excess of 20 Harcourt Street years) on a self assessment basis. The Dublin 2 charge does not apply to commercial Tel. : +353 1475 0555 Email : [email protected] property.

37 Dublin Future Hot Spots

The predominant focus of the International & Domestic property investors currently active in Dublin is on the capital’s Office Market, and on acquiring prime assets in the Centre Business District (CBD). Here we take a closer look at the constituent parts of Dublin’s CBD.

ĥ īŌĬ & Red lines will also improve North Docks Dublin’s International Financial Services accessibility to the South Inner City. Centre (IFSC) was developed from the late 1980’s as a targeted location for a range Major occupiers in the IFSC include JP of Internationally traded financial services Morgan Chase, PwC, Citibank, A&L Goodbody, with associated tax breaks to stimulate BNP Paribas and Commerzbank. The Irish occupier interest. More recently the North Central Bank are also due to move to the Docks has developed Eastwards towards North Docks and once these have completed Dublin Port to include Spencer Dock, (a construction of their new Headquarters. residential / commercial development by Treasury Holdings) and the Point Village (an office and shopping centre developed by Harry Crosby). SOUTH DOCKS (D2) The IFSC recently celebrated its 25th This is the new addition to the CBD and anniversary and many of the original was largely developed in the early 2000’s, occupational leases are now coming to initially along Sir John Rogerson’s Quay, expiry. This presents a new challenge to fronting the Liffey, and following this along owners of property as these buildings will the Grand Canal Harbour and on to Barrow require significant refurbishment. Other Street. A young vibrant live / work district issues at the IFSC include the legacy of has been created and amenities continue to onerous service charges. improve.

The IFSC benefits from a central location Available sites in Dublin’s south docks immediately adjoining Connolly Railway provided large office occupiers with an Station and Busaras, Ireland’s main bus opportunity to move to new third generation terminus. The Luas also runs office buildings within easy reach of the parallel to the Liffey, providing a public City Centre and a large number of legal, transport link right through this office financial and IT companies made the move. district. The Luas connector linking Green The area surrounding the Grand Canal Dock FUTURE DUBLIN

has become a technology hub. Companies Challenges for the traditional core such as Google and Facebook have made include the limited availability of Grade the location their European home and fill A accommodation, the difficulties of the surrounding area with an International Brownfield development, and the ever workforce. This has led to significant increasing traffic congestion, particularly demand from emerging technology considering the Luas Interconnector works companies seeking to cluster around from 2013. established companies leading to the area On the positive side, the central location being affectionately dubbed ‘Silicon Docks’. of the traditional core ensures good public Issues at the South Docks include limited transport links via Luas (Green Line), Dart public transport options. (Pearse Street), and numerous Dublin Bus services. The location also provides Major occupiers in this district include unrivalled amenities and attractions for Google, Facebook, 02, HSBC, McCann staff. Fitzgerald and State Street. Major office occupiers in this district include KPMG, Deloittes, William Fry Solicitors, Ernst & Young, Sky as well as numerous State departments surrounding Government TRADITIONAL CORE (D2) buildings on Kildare Street. Traditional anchors of Dublin’s CBD are the Georgian Squares located on the south side of the City, namely St. Stephen’s Green, Merrion Square and Fitzwilliam Square. Many of the Office buildings in this district now require complete refurbishment and/ or redevelopment. One such example is the former Bank of Ireland on Baggot Street which sold to Parma Developments in late 2012 following a competitive sale process.

39 FUTURE DUBLIN Dublin Future Hot Spots

īŌĥōĬ BALLSBRIDGE (D4) Dublin's inner City Centre is the shopping Ballsbridge is well known as Dublin’s most centre and entertainment district of the City affluent surburb and as the City’s Embassy and large office blocks are exceptional. At District. The village benefits from close present, this district is not attracting Office proximity and good access to the City investment as there is a clear preference Centre and Shelbourne Road provides a from occupiers for Prime locations. link between Dublin 4 and the emerging Silicon Docks / Barrow Street / office areas. Rents in the inner City location however It is regarded as a pleasant environment for represent very good value and without having business, removed from the bustle of the to compromise on accessibility or quality City Centre and is fast becoming the new of building and this value argument will ‘destination of choice’ among occupiers undoubtedly grow as Prime rents increase. who cannot satisfy requirements in the The district benefits from unrivalled public traditional core or South Dock locations. transport links including Bus, Rail, Dart, Luas and close proximity to staff amenities. This district also presents developers with many development / refurbishment Major Office occupiers in this district include opportunities as the older Office stock Irish Life, An Bord Pleanala, Department of becomes recycled for modern occupiers. The Health and The Central Bank. district provides good staff amenities and a wide choice of corporate Hotel options.

Public transport offers are limited to Dart and Dublin Bus.

Major Office occupiers in the area include AIB, IBM, Goodbody Stockbrokers, American, French and British Embassies and Zurich Insurance. INVESTING IN DUBLIN Notes

41 INVESTING IN DUBLIN Notes BY YOUR SIDE EVERY DAY

At BNP Paribas Real Estate our people work with you to build targeted and integrated real estate solutions for your every need:

Property Development, Transaction, Consulting, Valuation, Property Management and Investment Management.

With our international scope, expertise and on-the-ground presence, you’ll find the perfect partner that can ensure the success of your real estate projects.

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