SEBI's New Rules: Changing the Game for Real Estate Investors

Tanushree Jaiswal Tanushree Jaiswal

Last Updated: 13th March 2024 - 08:26 pm

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Are you eager to invest in real estate like your ancestors but find yourself short on cash? Well, rejoice! The Securities and Exchange Board of India (SEBI) has rolled out new regulations to amend the 2014 REIT Regulations, heralding the arrival of Small and Medium Real Estate Investment Trusts, or SM REITs.

But what exactly are REITs?

These are companies that own, operate, or finance income-generating real estate properties. Instead of diving into direct property purchases, they pool funds from investors to invest in various real estate projects such as offices, malls, and more. Think of them as shares listed on stock exchanges, offering you the flexibility to buy or sell anytime.

This means you can dip your toes into the real estate sector without making hefty investments upfront. REITs work like shares listed on stock exchanges, allowing you to buy or sell them anytime you wish.

While SEBI previously focused on large REITs with substantial assets, there's been a rising interest, especially among High Net Worth Individuals (HNIs), in smaller enterprises focusing on luxury properties and holiday homes. Over the past five years, online ventures known as Fractional Ownership Platforms (FOPs) have emerged, enabling both HNIs and retail investors to partake in real estate investments with relatively lower minimum investments ranging from Rs. 10 lakhs to Rs. 25 lakhs.

These FOPs function by pooling funds from investors to invest in luxury residences and holiday homes. Typically, a special purpose vehicle (SPV) acquires and holds the property, issuing shares to investors. Rental income generated from these properties is then distributed among the investors.

Fractional ownership in real estate is gaining traction because it eliminates traditional investment barriers, allows retail investors to earn returns, and diversifies investment portfolios.

Given this momentum, SEBI has introduced amendments to the REIT Regulations to establish a framework for SM REITs. Here's how these changes are expected to benefit investors:

But now, with SEBI's new guidelines, the landscape is changing. The introduction of Small and Medium REITs (SM REITs) with a minimum asset value of Rs 50 crore aims to formalize the sector and boost investor confidence. This move is expected to enable prop-tech platforms to transition to a regulated framework, ensuring investor protection and addressing security concerns.

So, how do these changes benefit investors?

Lower Minimum Investment: SEBI's guidelines have slashed the minimum investment threshold from Rs 25 lakh to Rs 10 lakh. This makes real estate investment more accessible to a wider range of investors and improves liquidity.

Democratized Ownership: SM REITs require a minimum of 200 investors per scheme, ensuring that no single individual holds a controlling stake. This fosters transparency and fairness in ownership.

Quality Assurance: SM REITs are mandated to invest in assets priced between Rs 25 crore and Rs 500 crore, ensuring a certain level of asset quality. This reduces risks associated with lower-grade assets.

Asset Selection: Investors have the flexibility to choose specific assets to invest in, as SM REITs operate through schemes where each invests in a particular asset. This empowers investors to tailor their portfolios according to their preferences.

Enhanced Liquidity: Unlike traditional REITs, units in SM REITs represent different assets. Listing these REITs ensures fair pricing and provides investors with improved liquidity and exit options.

Regulatory Safeguards: SEBI's regulations mandate investment managers to meet stringent criteria, including a minimum net worth and experience in real estate fund management. This ensures professionalism and protects investors from unscrupulous operators.

Asset Utilization: SM REITs are required to invest 95% of investor funds in completed rent-yielding assets, reducing risks associated with ongoing projects.

The prospect of owning high-quality income-generating commercial assets appeals to both retail and HNI investors. Small and Medium REITs offer a pathway for investors to diversify their portfolios while ensuring standard practices and investor protection.

Additionally, fractional ownership is gaining traction in co-living and holiday homes, indicating a broader trend towards democratizing real estate investment. With SEBI's continued efforts to streamline regulations, investors can expect further opportunities in these segments in the near future.

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