Unreal state of the real estate sector
  By Jaimini Bhagwati
  http://www.rediff.com/money/2005/aug/12guest.htm

The travelogue Butter Chicken in Ludhiana by Pankaj Mishra, about small-town 
India, was funny but the joke ultimately is on all of us.

We are aware of inadequate green areas, moon-surface roads, sprawling slums, 
intermittent/contaminated water supply, power outages/shortages and 
artificially high-priced housing in many parts of urban India.

All these and related issues merit discussion particularly in the light of the 
recent rain-induced trauma in Mumbai. However, this article focuses on the 
compelling case for reforms in the housing segment of the urban real estate 
sector.

>From 1961 to 2001, the proportion of Indians living in urban areas has 
>increased from 18 per cent to 28 per cent. In developed countries, this 
>percentage ranges from 75 to 80 per cent.

For China the number is 32 per cent and for Indonesia 41 per cent. It is 
inevitable that as India "develops", the proportion of our urban population 
will grow.

An IIM Ahmedabad study, commissioned by the Housing and Urban Development 
Corporation, assessed the impact of investment in housing on GDP and employment 
and ranked it third out of 14 major sectors.

The real estate sector accounts for about 9.6 per cent of GDP (housing: 4.5 per 
cent; construction: 5.1 per cent) as per our National Accounts Statistics for 
1999-2000. Consequently, there are a few initiatives that could have the same 
level of growth-developmental impact as a push to increase our housing stock.

According to Tenth Plan documents, our urban housing shortage is currently 
around 9 million units. Further, an Asian Development Bank study indicates that 
this shortage may reach 22 million units by 2007. The same study also confirms 
that housing prices, relative to income, are very high in India compared to 
other countries.

Our housing shortages and exorbitant prices relative to incomes have been 
caused principally by an inadequate supply of: (a) land; and (b) housing 
finance for low-, moderate-, and middle-income families. Greater availability 
of land for housing is constrained by restrictive laws.

For instance, the Land Acquisition Act, 1894, obstructs quick acquisition of 
land at market-based prices. The Indian Evidence Act, 1872, places the 
responsibility for proving ownership with the person disputing a possessor's 
claim. Central and State Rent Control Acts discourage the entry of fresh 
housing into the real estate market.

The Urban Land Ceiling (Regulation) Act, 1976, was repealed in 1999, but 
several states have not adopted the Repeal Act as yet. The ceilings range from 
500 to 2,000 square metres and are impracticably low for real estate developers.

Even the land acquired by state governments and union territories under this 
law did not augment supply since most of it was caught up in litigation.

With the haphazard expansion of some our urban areas, many large defence 
establishments, which were once at the fringes are now close to busy city 
locations. Land would be released for housing if defence forces were to be 
gradually relocated away from urban areas.

Other factors inhibiting the supply of land are restrictive zone regulations, 
high stamp duties (about 8-14 per cent across India, compared to about 1-2 per 
cent globally), complex land/housing registration procedures, and 
non-transparent property taxes.

Additionally, housing boards and development authorities, e.g. DDA, monopolise 
available urban land and there are excessive restrictions on the conversion of 
land from the rural category to the urban.

Suburban rail and road networks between urban areas and surrounding rural areas 
are inadequate and, if improved, would effectively increase the supply of land.

A house is usually too large an investment to be paid for upfront by most 
low-middle-income families. To address this need the government has provided 
support for housing finance. However, universal coverage would overstrain the 
capacity of public finance. As such, "market-based" housing finance for 
lower-income groups should complement government assistance.

In this context, the Indian mortgage loan market has grown rapidly at almost 45 
per cent per annum over the last five years. This is from a low base, though, 
and mostly for higher-income groups. The stock of housing loans in India is 
currently around 4 per cent of GDP, which is low even by developing countries 
standards.

In developed countries, the stock of housing finance is comparatively high, 
e.g. about 73 per cent of GDP in the US.

The Mystery of Capital: Why Capitalism Triumphs in the West and Fails 
Everywhere Else by Hernando de Soto overstates the importance of land titles in 
slums.

Irrespective, however, of the soundness of de Soto's conclusions, we need clear 
land/housing records, particularly for weaker economic neighbourhoods. If 
verifiable titles were to be readily available, access to housing finance for 
lower-income groups would improve.

Pension, provident, and insurance funds are long-term investors and should be 
allowed to invest in correspondingly long-maturity housing finance instruments.

The Securitisation and Reconstruction of Financial Assets and Enforcement of 
Security Interest Act should promote mortgage securitisation. However, there 
are legal challenges to this Act and mortgage insurance is in its infancy.

Foreign direct investment and external commercial borrowing norms for real 
estate investment need to be relaxed further. FDI in real estate could be 
encouraged by gradually making requirements such as minimum built-up areas, 
time allowed for completing projects, and taxes the same as for domestic 
developers.

The RBI is in the process of correcting an anomalous situation in which the 
National Housing Bank is both a financing intermediary and a regulator. The NHB 
should drop its regulatory role and become the leading wholesale housing 
finance intermediary on the lines of Fannie Mae.

It should also be a comprehensive repository of land/housing titles and 
financing data, and could make such information freely available to the market. 
There is no incentive for housing finance companies to disseminate this 
information because they view it as a means of retaining their competitive 
advantage.

To summarise, considerable attention has been focused in the past on the 
bottlenecks restricting the supply of land and housing finance. In this 
context, urban local bodies are inadequately empowered to resolve the issues 
involved.

One way to fast-forward reforms in the housing sector could be to set up a 
group of private sector stake-holders/experts and government officials from the 
various departments concerned. This group could be given well-publicised terms 
of reference and interim/final deadlines to propose and implement the required 
steps.




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