Retail Market
Transcription
Retail Market
Report States Report States Executive Summary ........................................................................................ 3 Country Information ....................................................................................... 5 Baltic Economic Overview ............................................................................. 8 Main Commercial Market Indicators ........................................................... 17 LITHUANIA Office Market ................................................................................................... 20 Retail Market ................................................................................................... 28 Warehouse/Industrial Market .......................................................................... 40 Hotel Market .................................................................................................... 45 Investment Market .......................................................................................... 49 Legal Environment .......................................................................................... 52 Taxation .......................................................................................................... 60 LATVIA Office Market ................................................................................................... 73 Retail Market ................................................................................................... 77 Warehouse/Industrial Market .......................................................................... 83 Hotel Market .................................................................................................... 86 Investment Market .......................................................................................... 89 Legal Environment ........................................................................................ 90 Taxation .......................................................................................................... 97 ESTONIA Office Market ................................................................................................. 104 Retail Market ................................................................................................. 106 Warehouse/Industrial Market ........................................................................ 109 Hotel Market .................................................................................................. 111 Investment Market ........................................................................................ 113 Legal Environment ........................................................................................ 115 Taxation ........................................................................................................ 123 SWOT ANALYSIS ......................................................................................... 126 Company Profiles ....................................................................................... 127 Executive Summary Until the middle of 2007, impressive economic growth in the Baltic States seemed inviolable and everlasting, and all warnings about overheated economy given by market analysts sounded not more than amateurish rumblings. However, accelerating inflation and slowing down economic growth together indicate that the Baltic region steps into another economic cycle, which is supplemented by international issues – global turmoil in the financial markets, the US property crisis, growing cost of financing. In fact, the Baltic commercial property market has already tasted the effect of these changes and is entering the slowing down phase. Report States The office market in all three countries was active during the past few years. The growing economy and, consequently, companies’ expansion resulted in the strong demand for modern office space in the Baltic capital cities. Unsatisfied demand and relatively small existing supply were the key drivers behind the rising rentals by nearly 10-20% and thus stimulated development of new office projects. Today the development pipeline is rather impressive and we therefore expect the market to level out by the end of 2009 with certain pressure on vacancy levels and rents. However, the banks already are applying stricter financing conditions, growing financing costs threat to reduce developers’ profit and the construction sector still faces the lack of qualified labour force. Given this background we anticipate that a lot of initiated projects will be delayed, postponed or even suspended. Therefore the more likely scenario is a balance between supply and demand rather than the oversupply in the office market, at least during 2008-2009. The low unemployment level and impressive growth of wages, reaching as much as 20-30% annually, boosted retail trade turnovers in the Baltic region. Retail sales of clothing, footwear, furniture and household goods were the most important contributors to the overall retail trade turnover increase. In the meantime, strong demand for quality retail space was clearly reflected by very low vacancy levels, equal to zero in the most attractive shopping areas. Until now the Vilnius retail market is one step behind the other Baltic capitals in terms of shopping centres number. However, in 2008-2009 the modern shopping centres stock is about to double and outrun that of the neighboring capitals. There is a number of pipeline projects in Riga, while Tallinn looks forward to several extension schemes. The warehouse/industrial market sustains its specifics therefore it remains less active if compared to other segments. Pre-leased and built-to-suit facilities traditionally dominate the market as a consequence of higher letting risk, relatively expensive land and increasing construction costs. However, the strong economic growth will definitely lead to higher demand for warehouse/ industrial premises, and geographically attractive areas will welcome more new projects. The hotel segment is growing along with the increasing number of both local and international visitors. All three countries enjoy growing business and private tourists’ flows thus leading to a number of new hotel developments. More conference, leisure, spa and other facilities, increasing quality and stable room rates are expected in the hotel market. Executive Summary During the past few years, we observed a gradual yields compression that was mainly supported by significant economic growth, extensive market potential, the EU membership, etc. In the end of 2007, the yield curve bottomed out and the upward yield corrections are expected in the commercial property investment market. In general, certain slowdown in economic growth, expensive financing and more conservative banks’ position will require a larger proportion of equity from investors. In that sense, the foreign investors become more active in acquisition of development projects, where some value can be added. Nevertheless, the developed prime properties keep high interest from the buyers’ side as attractive cash-flow deals. On the whole, the Baltic commercial property market is gaining more transparency and maturity. Report States NB! Numerous changes in important areas for commercial real estate investment such as tax frameworks, accounting or real estate law have to some extent already been made. Now is the time to plan investment structures and models in light of the new regulations, and to determine strategies for the future. However, your real estate consultant, attorney and tax advisor should always be consulted on the risks and effects of whatever steps you decide on. Report Country Information States Lithuania Geography Lithuania is the largest country of the Baltic States. With an area of 65,300 sq. km, Lithuania is larger than Belgium, Denmark, the Netherlands and Switzerland. It borders Latvia in the north, Belarus in the southeast, Poland and Russia (Kaliningrad) in the southwest. Arable land accounts for 70% of the country’s lowlands, plains and hilly uplands. About 28% of the area is forested. Lithuania’s 722 rivers, more than 2,800 lakes and 99 km of Baltic Sea coastline are mostly devoted to recreation and the nature conservation. Climate type falls between maritime and continental. Population The population of Lithuania is 3.37 million (the first quarter of 2008). About 67% of the country’s people live in urban areas. A quarter of the population lives in the Vilnius county. Population density is 52 people/sq. km, the highest densities being in Vilnius (87 people/sq. km), Kaunas (84 people/ sq. km), and Klaipëda (73 people/ sq. km) counties. The majority of the population (83.5%) is Lithuanian, with 6.7% Polish, 6.3% Russian and 3.5% others (predominantly Belarusian, Ukrainian, and Latvian). Some 79% of the population are Roman Catholics. The official state language is Lithuanian which has its roots in Sanskrit and belongs to the Baltic family of Indo-European languages. Most of the population also speaks Russian, although English is becoming widespread. Population Distribution in Lithuania, beginning of 2007 Vilnius 16% Kaunas 11% Klaipėda 5% Šiauliai 4% Other 61% Panevėžys 3% Vilnius Kaunas Klaipėda Šiauliai Panevėžys Other Source: Lithuanian Statistics Department National Currency Lithuania’s national currency is the Lithuanian Litas (LTL), which is pegged to the Euro at the rate of EUR 1= LTL 3.4528. It was planned that from 1 January 2007 Lithuanian currency would be replaced by the Euro, unfortunately, because of the slightly higher than permitted annual inflation rate, the Euro-adoption date was postponed. The new projected date for the Euro adoption is 2010. Report Country Information States Latvia Geography Latvia is located on the crossroads of Northern and Eastern Europe, on the eastern coast of the Baltic Sea. The Republic of Latvia is bordering with Estonia in the north, Russia and Belarus in the east and Lithuania in the south; it has also a maritime border with Sweden in the west. The strategic location of Latvia has been the major factor influencing the country’s diverse history and culture. The total area of Latvia is 64,589 sq. km. Latvia has a maritime climate. Population In the beginning of 2008, the population of Latvia was 2,27 million. The major ethnic groups are Latvian (approx. 59%) and Russian (approx. 29%). The official state language is Latvian. It is an Indo-European language and is similar only to Lithuanian. Russian, English and German are also widely spoken. Population Distribution in Latvia, beginning of 2007 Riga 32% Riga Daugavpils Daugavpils 5% Other 54% Liepaja 4% Jelgava 3% Jurmala 2% Liepaja Jelgava Jurmala Other Source: Central Statistical Bureau of Latvia National Currency On 1 January 2005 Latvia pegged its currency, the Lat (LVL), to the Euro at the rate of EUR 1 to 0.702804 LVL. The Bank of Latvia intends to keep a plusminus 1% fluctuation band before and after joining the ERM2 mechanism. Report Country Information States Estonia Geography Estonia is situated in the northern part of Europe, along the north-eastern shore of the Baltic Sea. Estonia is the smallest Baltic State and only slightly bigger than Switzerland or Denmark. It borders Russia in the east and Latvia in the south. The country’s total area is 45,227 sq. km. Estonia is mainly flat, though there are upland areas in the south-east. Forests cover around 40% of Estonia; which also possesses the largest lakes in the Baltic region. Estonia’s climate is temperate, characterised by warm summers and moderately cool winters. Population The population of Estonia is 1.34 million (1January 2008) and almost one third of the population lives in Tallinn, the capital city. Some 67% of the population are Estonians and 29% ethnic Russians. The official state language is Estonian, very similar to the Finnish language. Most of the population also speaks Russian, although English is becoming widespread, especially among young people. Population Distribution in Estonia, beginning of 2007 Tallinn 30% Tallinn Tartu Pärnu Other 54% Tartu 8% Pärnu 3% Narva Other Narva 5% Source: Statistics Estonia National Currency The national currency is the Estonian Kroon (EEK), which is pegged to the Euro at the rate of 1 EUR = EEK 15.6466. Report Baltic Economic Overview States The Baltic economies have experienced stunning GDP growth after joining the EU in 2004. The unemployment declined to the lowest-ever levels resulting in the shortage of qualified labour force and forcing the employers to increase wages. However, at the same time, consumer prices started increasing steeply, which temporally closed the doors to the Euro adoption in Lithuania and Estonia since 2007. Currently the global credit turmoil together with the local uncertain macroeconomic environment and slowing down growth of domestic demand in the Baltics are contributing factors in the real estate market slowdown, too. Economic Growth Strong GDP growth in the Baltic States together with increasing current account deficit and accelerating inflation in 2007 highlighted a threat of a socalled “hard landing” of the economies. The slowdown of economic growth is expected in all three Baltic countries, affected by more modest growth of domestic demand and household consumption, a result of tightening credit conditions. Based on the data provided by the Lithuanian Statistics Department, GDP totaled EUR 20.2 billion (at current prices) during the first three quarters of 2007. The growth in the third quarter reached 10.8%. Significant growth was recorded in construction (16.7%), retail, hotels and restaurants, transport and communications (9.6%), financial services and real estate (9.4%). The input of various regions into national performance varies significantly. Expectedly, Vilnius county produces the biggest share of Lithuania’s GDP (37.2% in 2006), followed by Kaunas (19.5%) and Klaipëda (11.7%) counties. According to the preliminary estimation, Lithuania’s GDP growth reached 8.7% in 2007. The Ministry of Finance of Lithuania yet makes less optimistic prognosis for the coming years - 5.3% and 4.5% GDP growth in 2008 and 2009, respectively, which is a clear sign of a slowdown. Annual GDP Growth and Inflation in Lithuania 12 10.3 10 8 % 6 4 6.6 7.3 6.9 7.9 7.7 8.7 5.3 4.5 4.1 5.2 2 0 2000 2001 2002 2003 2004 2005 2006 2007 2008 F 2009 F 2010 F -2 GDP Growth Inflation Source: Lithuanian Statistics Department, Ministry of Finance of Lithuania Report Baltic Economic Overview The central Statistical Bureau of Latvia informed that Latvia’s GDP amounted to EUR 14.3 billion (at current prices) in nine months of 2007. The third quarter’s GDP was still stably increasing and has ascended by 10.9%, which was mainly determined by substantial increase in trade (by 14.5%) and construction (by 13.2%). However, the main risks for the economic growth remain unchanged, i.e. high inflation and large current account deficit. Latvia’s Ministry of Finance projects that the economic growth will maintain rather high level – 10.5%, 7.5% and 7.0% in 2007, 2008 and 2009, respectively. States Annual GDP Growth and Inflation in Latvia 14 12 10.6 10 % 8 6.9 8 6.5 7.2 11.9 10.5 8.7 7.5 7 6.8 6 4 2 0 2000 2001 2002 2003 2004 2005 2006 GDP Growth 2007 2008 F 2009 F 2010 F Inflation Source: Central Statistical Bureau of Latvia, Ministry of Finance of Latvia Statistics Estonia announced that Estonia’s GDP totaled EUR 11.3 billion (at current prices) during three quarters of 2007. The third quarter’s increase was the lowest among the Baltic States and decelerated to 6.4% level, after impressive growth of over 10% in 2005-2006. Deceleration of the GDP growth was substantially influenced by a weaker growth in the domestic demand and the value added of economic activities, as well as by a decrease in exports and imports of goods. The Ministry of Finance of Estonia forecasts 8.1% GDP growth in 2007, followed by more modest 7.3% and 6.8% in 2008 and 2009. Annual GDP Growth and Inflation in Estonia 12 10.8 10.2 10 8 7.7 8.0 2001 2002 7.2 11.2 8.3 8.1 7.3 6.8 7.2 % 6 4 2 0 2000 2003 2004 2005 2006 GDP Growth 2007 2008 F 2009 F 2010 F Inflation Source: Statistics Estonia, Ministry of Finance of Estonia Report Baltic Economic Overview Stabilizing GDP growth attests to the more sustainable growth of the Baltic economies, which secures stable investment environment. Although in the shot-run the uncertainties regarding further economic development might frighten away some investors, the underlying economic fundamentals suggest that the long-term perspectives are still very favourable in terms of investment in the Baltic property market. Annual GDP Growth 12 10 8 % 6 4 Lithuania Latvia 2007 Q3 2007 Q2 2007 Q1 2006 2005 2004 2003 2002 2001 0 2000 2 States Stabilizing GDP growth attests to the more sustainable growth of the Baltic economies, which secures stable investment environment. Although in the shot-run the uncertainties regarding further economic development might frighten away some investors, the underlying economic fundamentals suggest that the long-term perspectives are still very favourable in terms of investment in the Baltic property market. Estonia Source: National Statistical Offices Inflation Inflation became a major challenge in the Baltic economies while climbing over the expected rates in 2007 and together with expansive economic growth and relatively high current account deficit signalized about unsustainable economic growth in the region. In 2007, inflation has accelerated in all three countries and is supposed to peak in 2008. In 2007, the average annual inflation was the lowest in Lithuania (5.8%), followed by Estonia (6.6%) and Latvia (10.1%). The inflation level in the Baltic States has mainly been driven by strong internal demand, as well as external factors, as prices for food, utilities and fuel increased significantly. Nonetheless, ascending food and energy prices is a global issue, including the EU member states. The future expectations in terms of inflation are quite positive in the Baltic economies, as the governmental bodies forecast the slowing down pace of prices growth already in 2008. The increasing inflation is negatively affecting both consumer and investor confidence, and along with global credit crunch raises the risk in the region. However, the future expectations in terms of inflation are quite positive in the Baltic economies, as the governmental bodies forecast the slowing down pace of prices growth already in 2008. 10 Report Baltic Economic Overview States Inflation (y/y) 16 14 12 10 % 8 6 4 2 0 -2 -4 2002 2003 2004 Lithuania 2005 Latvia 2006 2007 Estonia Source: National Statistical Offices Unemployment The rapid growth of construction and services sectors along with high emigration levels, encouraged by the accession into the EU, were main contributing factors in significantly shrinking unemployment in all three Baltic countries. Since 2000-2001, the overall trend in the unemployment rate has been downward and only minor fluctuations are expected in the next few years, given that the economic growth is to slow down. The unemployment level in Lithuania was the lowest among the Baltic states and reached 3.9% in the third quarter of 2007, while in Latvia and Estonia unemployment level stood at 5.9% and 4.2%, respectively. Decreasing unemployment has boosted consumer spending power which, in turn, has created potential demand for more retail and leisure space thereby maintaining perfect conditions for commercial property market development. In some business sectors the shortage of both skilled and non-qualified employees has already reached a critical level. Many vacancies have been registered in the construction, manufacturing, transport and especially services sector. The limited labour force supply is one of the key drivers of increasing wages in all three analyzed countries. Thus, the decreasing unemployment has boosted consumer spending power, which, in turn, has created potential demand for more retail and leisure space, maintaining perfect conditions for commercial property market development. On the other hand, the tightening borrowing conditions together with rising interest rates, have a negative effect on the real property demand in the short run. 11 Report Baltic Economic Overview States Unemployment Level 14 12 10 % 8 6 4 2 0 I II III IV I 2004 II III IV I 2005 Lithuania II III IV I 2006 Latvia II III IV The rapid growth of wages stimulates the consumer spending power growth and the desire to spend more money is about to create additional demand for retail and entertainment space in particular. 2007 Estonia Source: National Statistical Offices Salaries and Wages With the continuously falling unemployment levels, fast economic upswing and increasing inflation, the average wages keep growing at the impressive speed in the Baltics. In the third quarter of 2007, the increase of salaries and wages reached almost 33% in Latvia, over 20% in Estonia, and 18% in Lithuania, if compared to the third quarter of 2006. The continuous increases of minimal monthly salary was among other factors of such impressive wages rise in Lithuania. Lithuania’s Ministry of Finance forecasts a 20.4% increase of wages in 2007. According to the prognosis, the wages growth will remain strong in 2008 (18.7%), however the growth will go slow to the level of 7.6% in 2009. The strong average wages growth in 2008 will be maintained by the reduction of the proportional personal income tax from 27% to 24% since 1 January 2008. The last reduction of the tax since 1 July 2006 has actually risen the disposable income of employees. Similarly, the Estonia’s income tax rate was reduced by one percentage point to 22% in 2007. In terms of wage increases, the outlook in Latvia and Estonia is also positive. In Latvia growth of wages will be strong and reach 17.5% in 2007, however in 2008 and 2009 the expected growth will be relatively modest and decline to the level of 4.9% and 6.1%, respectively, as Latvia’s Ministry of Finance anticipates. According to the forecasts of the Estonia’s Ministry of Finance, the real growth of the average monthly wage in the country should be 13.5% in 2007, and then decrease to 7.3% and 7.5% in 2008 and 2009, respectively. The rapid growth of wages stimulates the consumer spending power growth and the desire to spend more money is about to create additional demand for retail and entertainment space in particular. However, the continuously increasing inflation in the region has a negative effect on the real wages and, at the same time, private consumption. Besides, the growth of wages is only sustainable if it is in compliance with the growth of productivity. 12 Report Baltic Economic Overview States Growth of Average Monthly Wages (y/y) 35 30 25 % 20 15 10 5 0 2001 2002 2003 2004 Lithuania 2005 2006 Latvia 2007 Estonia Source: National Statistical Offices Average Monthly Wages in 2007 by Quarters 800 700 600 500 400 300 200 100 0 Q1 Lithuania Q2 Latvia Q3 Estonia Source: National Statistical Offices Foreign Direct Investment Foreign direct investment (FDI) is one of the main factors influencing the economic growth in the Baltic countries. Over the past few years the FDI was constantly increasing in all three economies, however, some structural differences occurred. In Lithuania, the largest proportion of FDI has been invested in manufacturing (38.2%), financial services (17.0%), transport, storage and communications (12.8%), wholesale and retail trade (10.5%), and utilities (9.2%). The real estate sector attracted 8.1%, or EUR 805 million of the accumulated FDI. Over the past few years the FDI was constantly increasing in all three economies, however, some structural differences occurred. 13 Report Baltic Economic Overview Lithuania’s Cumulative FDI by Country as of 1 October 2007 (% of total) States Poland Other countries 18% Poland 20% Latvia 4% Denmark Sweden Russia Netherlands 4% Finland 5% Denmark 13% Germany Estonia Finland Estonia 6% Sweden 11% Germany 9% Netherlands Latvia Russia 10% Other countries Source: Lithuanian Statistics Department The major proportion of FDI in Latvia is invested in financial intermediation (26.8%), real estate sector (18.4%, or EUR 1.3 billion), wholesale and retail trade (12.4%), manufacturing (9.2%), utilities (7.6%), and transport, storage and communications sector (7.5%). Latvia’s Cumulative FDI by Country as of 1 October 2007 (% of total) Estonia 14% Other countries 27% Estonia Sweden Germany Sweden 13% Cyprus 5% Germany 10% USA 5% Netherlands 5% Russia 6% Denmark 9% Finland 6% Denmark Finland Russia Netherlands USA Cyprus Other countries Source: Bank of Latvia Estonia’s picture is quite similar, as financial intermediation attracted the majority of FDI (30.7%), leaving the real estate sector in the second place with 28.4% of the “pie”, or nearly EUR 3.1 billion. Manufacturing received 15.8% of FDI, while wholesale and retail trade accounted for 12.7%. Estonia’s Cumulative FDI by Country as of 1 October 2007 (% of total) Sweden Other countries 16% Finland Denmark Luxembourg 2% Cyprus 2% Greet Britain 2% Russia 3% Sweden 40% Norway Germany Russia Germany 3% Great Britain Norway 3% Denmark 4% Cyprus Finland 25% Source: Bank of Estonia Luxembourg Other countries 14 Report Baltic Economic Overview Accumulated FDI growth was the most rapid in Latvia and reached 24.6% during nine months of 2007. Respectively, Lithuania’s and Estonia’s FDI growth was 18.4% and 12.2% during the same period. Unsurprisingly, the most active foreign investors to the Baltic economies come from Scandinavian and other neighboring countries. It is necessary to note that Estonia’s FDI from Sweden and Finland accounted for more than 65% of all FDI in the end of the third quarter of 2007, whereas in Latvia and Lithuania the investments are more differentiated by countries. States FDI Stock by Kind of Activity, end of Q3 2007 4,000 3,000 2,000 1,000 0 Manufacturing Utilities Wholesale and retail trade Lithuania Financial intermediation Latvia Real estate Estonia Source: Lithuanian Statistics Department, Bank of Latvia, Bank of Estonia Foreign Direct Investment Stock (end of quarter) 12,000 4,000 10,000 3,000 8,000 2,000 6,000 1,000 4,000 2,000 0 0 Manufacturing I II Utilities III IV I 2005 Lithuania Lithuania Wholesale and retail trade II III 2006 Latvia Latvia Financial intermediation IV I II Real estate III IV Estonia2007 Estonia Source: Lithuanian Statistics Department, Central Statistical Bureau of Latvia, Bank of Estonia Retail Trade The retail trade growth has been impressive during the last few years in the Baltics and showed far stronger growth than the EU average in 2007. This can be explained by continuous increase in private consumption. However, the pace of growth pursued the downward direction since spring 2007. Since retail trade growth largely depends on expectations, it can be concluded that consumers became more cautious about the future, especially in the light of tightening borrowing conditions and increasing inflation. The retail trade growth has been impressive during the last few years in the Baltics and showed far stronger growth than the EU average in 2007. This can be explained by continuous increase in private consumption. 15 Report Baltic Economic Overview As the Lithuanian Statistics Department states, retail trade turnover, excluding those enterprises trading in motor vehicles and motorcycles, in Lithuania increased by 12.2% in 2007 and surpassed the growth recorded in 2006, that was 7.1%. The most significant increase in turnover was that of enterprises trading in textiles, clothing and footwear (by 35.4%), food, beverages and tobacco in specialised stores (by 22.6%), and furniture, lighting equipment, household goods (by 19.8%). States The retail sales were also strong in Latvia and demonstrated 18.8% growth during 2007 compared to 2006. The major increases were recorded in retail trade in textiles, clothing, and footwear (39.5%), as well as in retail trade in furniture, lighting equipment, household goods (37.9%). In comparison, Statistics Estonia observed 14% increase in retail turnover in 2007. The growth in domestic trade in the Baltic region reflects the increased consumers’ ability to spend more money; however developers thinking of new retail schemes will have to be more cautious as the retail market will be following somewhat slower growth patterns than it used to be during latter years. Retail Trade Turnover Indexes by Month, y/y 130 125 120 % 115 110 105 100 I II III IV V VI VII VIII IX X XI XII I II III IV V VI VII VIII IX X XI XII I 2005 II III IV V VI VII VIII IX X XI XII 2006 Lithuania Latvia 2007 Estonia Source: National Statistical Offices Main Country Indicators Period Lithuania Latvia Estonia Population, mln Indicator Jan 2007 3,384.9 2,281.3 1,342.0 GDP growth, % Q3 2007 10.8 10.9 6.4 2006 6,989 7,003 9,851 GDP per capita, EUR Inflation, % 2007 5.8 10.1 6.6 Unemployment rate, % Average monthly gross wage, EUR Average monthly gross wage growth, % Retail turnover growth, % Q3 2007 3.9 5.9 4.2 Q3 2007 565 575 697 Q3 2007 17.9 32.9 20.2 2007 12.2 18.8 14.0 Exports growth, % Nov 2007 11.8 24.8 11.6 Imports growth, % Nov 2008 11.8 4.8 1.8 FDI per capita, EUR FDI flow during the quarter, % of GDP Q3 2007 2,943 3,125 8,038 Q3 2007 5.5 6.4 7.5 Source: National Statistical Offices 16 Main Commercial Market Indicators Report States Modern Offices Stock and Planned Deliveries 700 thous. sq. m 600 500 400 300 200 100 0 Vilnius Riga Tallinn Modern offices stock, January 2008 Planned deliveries in 2008 Source: KOBA Average Rents in A- and B-class Offices 25 25 20 month m//month EUR / sq. sq. m EUR 20 15 15 10 10 55 0 0 A Class B Class A Class B Class A Class B Class A Class B Class A Class B Class Vilnius Riga Vilnius Source: KOBA Riga A Class B Class Tallinn Tallinn Shopping Centre Space Development (stock at the end of year) 600 thous. sq. m 500 400 300 200 100 0 Vilnius Source: KOBA Riga Tallinn 17 Main Commercial Market Indicators Report States Average Rents in Shopping Centres EUR / sq. m / month 70 60 50 40 30 20 10 0 Anchor Tenants >100 sq. m <100 sq. m Anchor Tenants Vilnius >100 sq. m <100 sq. m Anchor Tenants Riga >100 sq. m <100 sq. m Tallinn Source: KOBA Average Rents in Warehouses 8 EUR / sq. m / month 6 4 2 0 New Old Vilnius New Old New Riga Old Tallinn Source: KOBA Prime Yield Development in the Baltics, 2004-2008 13 12 11 10 % 9 8 7 6 5 2004 2005 Retail Source: KOBA 2006 Offices 2007 2008 F Industrial 18 Report States Report The office market development has been rather active in 2007, especially in the country’s capital, where a lot of new projects were initiated and the total stock of modern office space is expected to almost double by the end of 2009. Now, that the residential market has been slowing down, a lot of developers have focused on the office market, triggered by the undersupply of the modern offices, thus the number of office projects in the pipeline increased significantly. Vilnius Being the most developed throughout Lithuania, Vilnius office market is encountering new challenges. After a short slow-down in new office projects development in 2005-2006, the growth of modern office stock is expected to be hitting new records in 2008-2009. The demand for modern office premises is most apparent in Vilnius; hence most office-market activity is taking place there. States In response to increased shortage of modern offices provisions, over the next two years the developers are building and planning over 340,000 sq. m offices in Vilnius, which, if delivered, would almost double the current stock. Supply and Demand Total modern office space in Vilnius has reached approx. 365,000 sq. m when more than 50,000 sq. m were added in 2007. We estimate that in 2008 an additional 140,000 sq. m of modern offices space will be delivered to the market. In response to increased shortage of modern offices provisions, over the next two years the developers are building and planning over 340,000 sq. m offices in Vilnius, which, if delivered, would almost double the current stock. However, assuming that the market players will be forced to consider the coming supply and taking the market’s recent track record of delays, a more realistic scenario implies that much smaller amount of space will be delivered within two years. In addition, a lot of projects might be suspended because of tightening position of banks. Development of Office Space in Vilnius 800,000 700,000 sq. m 600,000 500,000 400,000 300,000 200,000 100,000 0 Stock, beginning of year New deliveries Constructions started Pipeline Source: KOBA Anyway, if such pace of development will be kept further, we expect the market to encounter the oversupply of offices. The success of any project will strongly 20 LITHUANIA Office Market Report depend on the developer’s experience and professional approach, location and accessibility of the object, car parking facilities, offered services and quality, and, most of all, early delivery to the market. Those potential tenants, planning to move into new premises within further 6-12 months, will have a considerably wider selection of projects; therefore the quality becomes an obligatory factor. Generally, tenants are becoming more demanding in terms of the quality of premises and the services provided. Although rental costs, location and size of the premises remain the main factors in choosing a site, other important aspects, such as plentiful parking for both clients and employees, image of the business centre, convenient layout and planning of work places, high quality installations and fit-out materials, expansion opportunities and skilled property management also have a great influence. Today companies not only care about their image, but also about convenient and secure working conditions for their employees. States The recent expansive economic growth together with fast and successful growth of various businesses, to some extent affected by Lithuania’s accession into the EU, are the main drivers for expansion of companies and increasing demand for quality offices. The recent expansive economic growth together with fast and successful growth of various businesses, to some extent affected by Lithuania’s accession into the EU, are the main drivers for expansion of companies and increasing demand for quality offices. Besides, the office buildings vacancy rates are as low as 0-2% since the middle of 2006, and those over 50,000 sq. m provided to the market in 2007 were not enough to cover the existing demand; most of the new openings were fully pre-let. Vilnius has several clearly demarcated business districts displaying active and determined development, though still in process. There is a clear trend for companies to prefer moving to the northern part of the city, where two thirds of the entire city population lives. People trying to avoid heavy traffic during rush hours prefer locations with more convenient access, generally closer to their residential area or along main transport arteries. In line with the current demand, the majority of new developments is initiated and planned in this part of the city, i.e. in the New City Centre (Konstitucijos Ave. and close areas), along Ukmergës Street, in North Town and surrounding territories. Development of Vilnius Office Districts 140,000 120,000 sq. m 100,000 80,000 60,000 40,000 20,000 Business Triangle Old Town Naujamiestis Pilaitės Ave. Ozo Str. North Town & Žirmūnų Str. New City Center Ukmergės Str. 0 Planned deliveries in 2008-2009 Existing A-Class Stock Existing B-Class Stock Source: KOBA 21 LITHUANIA Office Market Report Office Market During 2007 the rentals in Vilnius have climbed up by 5-12%, which is not surprising as the demand was over supply. Main Business Districts in Vilnius Jeruzalė s Str. u Str. Str. PAŠILAIČIAI s Str. O. Milašiau nu ve sA inė Žirmūnų Str. Str. ūnų tr. io S Anta r. St Za ra sų sS Str. Goš Str . Ge pr. norių . r. Str St io aln pk Vilk pė Str. dės NAUJAMIESTIS Lie v Sa Sava . sų pr . . Oslo Str rių o an Old Town Ra inio Vil ko Naujamiestis lež . irko tauto La pr Str . Str. ės uto s Str LAZDYNAI šta gailo Švitri isv s Str Str. . Šeimyniškių Kud isv ės pr. ergė Go ndų Business Triangle Žirm Ukm Ola ÞVËRYNAS KAROLINIŠKĖS La Vilko ŠNIPIŠKĖS Narbuto Str. tr. r. Narbuto St ANTAKALNIS New City Center tr Str. North Town Str. kaln Str. sS rgė Pilaitës Avenue Gele me kių Ozo žinio Ozo Str. Uk r. St Ozo VIRÐULIÐKËS tiniš r. St Ne Str. kių diš ivy ÐEÐKINËStr. Jus ių eiv r Ka nč ės Ozo Street me erg Ukm ÞIRMÛNAI Bu Rygos Str. JUSTINIŠKĖS e FABIJONIŠKĖS Kalvarij io Vilko Geležin Ukmergës Street VERKIAI . Ribiškių Str Didž ioji S tr. NAUJININKAI Source: KOBA Rents and Vacancy During 2007 the rentals in Vilnius have climbed up by 5-12%, which is not surprising as the demand was over supply. Currently, the monthly rental price in new-construction office buildings, regardless their location, starts from 1113 EUR/ sq. m/ month. The price for A-class offices reaches 18-21 EUR/ sq. m/ month. 22 LITHUANIA States Report Rentals mainly vary with location in the city, as the general technical and fitout features of newly built A- and B-class premises are relatively comparable. Price differences are also influenced by the image of business centres, their neighbourhood, ease of access and parking facilities. The vacancy was almost non-existent in A-class buildings due to high level of take-up and comparably low number of finalized new office projects in 2007. B-class buildings also enjoyed low vacancy rates, reaching no more than 13%. States In terms of quality, there is active development of both A- and B-class premises, which is in line with current demand. EUR / sq. m / month Average Monthly Rents in A-and B-Class Offices 22 20 18 16 14 12 10 8 6 4 2 0 A Class B Class A Class B Class A Class B Class A Class B Class A Class B Class Vilnius Kaunas Klaipėda Šiauliai Panevėžys Source: KOBA Pipeline Projects As a result of strong demand, many market players commenced the active development of modern office projects at the end of 2006. During 2008 the Vilnius office market will continue to show strong development and the completion of 140,000 sq. m new supply is expected to come to the market, which might put pressure to both vacancy level and rentals. In terms of quality, there is active development of both A- and B-class premises, which is in line with current demand. Developers are tending toward the construction of multifunctional centres to secure risk diversification, synergic effects for their marketing activities, optimal use of limited parking facilities, a developed business infrastructure, and a business-to-business environment. 23 LITHUANIA Office Market Report Office Market States Project Name Location Office Building Lvovo / Giedraièiø Str. Ukmergës Str. Orange Office Vilniaus Verslo Uostas Scheduled Opening Date Planned Total Area, sq. m 2008 – Q2 27,700 2008 – Q4 18,000 Ukmergës Str. 2008 – Q4 14,000 Jin&Jan Pilaitës Ave. 2008 – Q4 9,500 Kamanë Ukmergës Str. 2008 – Q4 9,500 Ozo Str. 2008 – Q4 8,900 Ukmergës Str. Konstitucijos Ave. Ukmergës Str. 2008 – Q4 6,700 2009 43,100 2009 40,000 Alfa Business Centre Office Building Hansabankas Headquarters Vilnius Office Park TEO LT Headquarters Business Centre Þuvëdra Business Centre North Star Beta Business Centre Gama Business Centre Akropolis Business Centre Business Centre Fortûna Business Centre Commercial and Business Centre World Trade Center Total Lvovo Str. 2009 16,000 Ukmergës Str. 2009 10,500 Laisvës Ave. 2009 7,500 2009 – Q1 10,500 2009 – Q2 20,000 Ozo Str. Geleþinio Vilko Str. Þalgirio Str. 2009 – Q4 11,700 2010 60,000 2010 17,500 Ukmergës Str. 2010 16,000 Jasinskio Str. N/D 10,000 Naugarduko Str. N/D Ulonø / Apkasø Str. Ozo Str. LITHUANIA Major Pipeline Office Building Projects (over 5,000 sq. m) in Vilnius N/D >357,100 Source: KOBA Kaunas Supply and Demand The office market structure in Kaunas is somewhat different from that in Vilnius, primarily, owing to the different business structure and prevailing type of companies in the city. Small and medium businesses predominate, as do relatively small branches of large companies whose head offices are in Lithuania’s capital city. Consequently, the most sought-after premises in Kaunas are small, often not exceeding 50 sq. m. Besides, a lot of companies prefer acquiring their own premises rather than renting them. However, there are signs in the market that the demand for high class offices is reviving. The office market structure in Kaunas is somewhat different from that in Vilnius, primarily, owing to the different business structure and prevailing type of companies in the city. 24 Report Currently, the supply of modern office space in Kaunas stands at around 38,200 sq. m. In 2007, the office market was not active and only a few rather small schemes were introduced. A lot of offices are located in Kaunas centre – Laisvës Ave. and nearby streets: Kæstuèio, K. Donelaièio, A. Mickevièiaus. However, only a few office buildings have undergone reconstruction and been adapted to contemporary office premise requirements. In addition, car parking problems are yet to be solved. Further from the city centre, in Savanoriø Ave., a new business district is beginning to evolve. The location is active in terms of traffic and also advancing commercially with its modern office buildings attracting blue-chip tenants, including banks and insurance companies. States In 2007, the average monthly rent for A-class office premises in Kaunas increased to 13-17 EUR /sq. m, which is 30-40% higher than in 2006. Rents and Vacancy In 2007, the average monthly rent for A-class office premises in Kaunas increased to 13-17 EUR /sq. m, which is 30-40% higher than in 2006. The growth of the B-class premises rentals was less extensive – around 25%, and reached 7-12 EUR / sq. m. Such significant growth of rentals was mainly determined by a few new projects entering the market, as they set new pricing standards and encouraged the raise of the rentals in older projects, too. The vacancy is almost non-existent in high class office buildings. However, KOBA does not expect the further rise in rentals as in some cases they are already overvalued and surpassing those of Vilnius. Pipeline Projects More than 50,000 sq. m are expected to be delivered to the market by the end of 2009, which, compared to the current stock is quite impressive, but is relatively small when compared to the pipeline in Vilnius. Only a few new office buildings are being developed in Kaunas. One of them is a modern 9-storey business centre (5,200 sq. m.) in Pramonës Ave. Pipeline Office Building Projects in Kaunas Project Name Mega Business Centre 1000 LT Nordic Business Centre Technopolis Total Location Scheduled Opening Date Planned Total Area, sq. m Islandijos Road 2008 31,000 Taikos Ave. 2008 5,200 N/D 13,000 N/D 1,600 Savanoriø Ave. Veiveriø Road 50,800 Source: KOBA 25 LITHUANIA Office Market Report Office Market States Klaipëda Supply and Demand LITHUANIA Currently, the largest proportion of the Klaipëda office market is made up of older construction premises renovated and converted into modern office space. Those several modern office buildings built during the last 5-6 years were mainly small office centres not exceeding 5,000 sq. m, which perfectly resembles the business structure in the city. Predominantly, the small and medium enterprises operate in Klaipëda, along with small branches of large companies, such as banks, insurance companies, etc., whose head offices are in Vilnius. Large local companies, which mainly are involved in maritime business, tend to own premises rather than rent them. In terms of demand, Bclass premises are currently more sought-after mainly due to the lower rents and as a result of business structure in general. The most significant office project completed lately in Klaipëda is a 16-storey tower Neapolis (10,500 sq. m). One section of the building was occupied by the regional headquarters of Hansabankas. The object is located in Taikos Ave., which is becoming the main location for retail, office and various multifunctional projects. Naujojo Uosto Str. and Taikos Ave. have the most appeal for office developers and several new projects are currently being developed in different parts of these streets. Rents and Vacancy The average monthly rent for A-class office premises in Klaipëda is 11.5-14.5 EUR /sq. m and 7-11.5 EUR /sq. m for B-class premises, which resembles a 5-10% increase during 2007. The rentals are expected to remain stable due to steady balance between demand and supply. Besides, vacancy levels being 2-4% and comparably low activity foreseen in 2008 suggest that there will be no dramatic changes in the nearest future. Pipeline Projects At present, there are several projects at different development stages, which will add a total of over 38,000 sq. m of new modern office space to the market in 2008-2009. In addition to the pipeline projects listed in the table below, there are also some projects being developed further from the Klaipëda city centre, most of which will be combined with warehouses and logistics facilities. Pipeline Office Building Projects in Klaipëda Project Name Vitës Business Centre Klaipëdos burë Memelio miestas Business Centre Grandus Business Centre Total Source: KOBA Location Naujoji Uosto/ Ðerniaus Str. Taikos Ave. Naujoji Uosto/ Danës Str. Jûrininkø Str. Taikos Ave. Scheduled Opening Date Planned Total Area, sq. m 2008 6,500 2008 2,700 2009 10,000 2009 9,000 N/D 10,000 38,200 26 Office Market Ðiauliai Report States LITHUANIA No A-class office buildings exist yet in Ðiauliai. The needs of the few existing tenants are satisfied with converted B-class premises on the first and second levels of existing buildings. The most sought-after premises are in the size range of 40-60 sq. m. Local companies, owning their premises, dominate in the market. The first modern office and hotel building is being developed by Ogmios Centras as a part of multifunctional Bruklinas project. It will offer approximately 5,000 sq. m of modern office space. In addition to that, another multifunctional building, offering 12,000 sq. m of office premises, is planned to be constructed in Varpo Str. Currently, monthly rental prices vary from 3 to 7 EUR/sq. m in residential and industrial districts, while premises in the central part of the city can be leased for 6-10 EUR/sq. m. Panevëþys The current situation in Panevëþys is similar to that in Ðiauliai. There are no A-class office premises available, and most of the B-class office space is in older buildings which have been reconstructed and modernised, very often upon the special requests of future tenants, e.g. bank affiliates and branches of insurance companies. Most companies prefer acquiring their own office premises rather than renting them. The only announced development in the pipeline is a part of multifunctional Babilonas project, which currently encompass over 45,000 sq. m shopping centre developed in two phases by Ogmios Centras. The office building will be combined with residential and hotel developments. The rentals in Panevëþys vary from 4 to 9 EUR/sq. m/ month. Office Market Expectations Most of office market activities are taking place in Vilnius, where the supply of modern office buildings is about to double in 2-3 years. The tighter banks’ position along with general situation in the market might become the temporary restraining factors for further market development. Vilnius CBD will grow further, however trend to develop modern business districts in more remote areas has already emerged and will be pursued in the future. The other cities are still far behind and will remain of secondary importance, however they have a certain potential for development. The pressure on both vacancy rates and rentals is expected already in 2009 due to possible oversupply of offices in Vilnius. 27 Report Retail Market General Overview The Lithuanian retail market is experiencing very active development, which is not limited to the capital, but has spread to other cities, in some of which new projects have influenced the retail market by dramatically increased gross area of retail space. The new shopping centres are primarily being developed in the larger Lithuanian cities, having more than 100,000 inhabitants. Low or zero vacancy levels in the existing retail units on the high-streets and in successfully operating shopping centres reflect huge interest on the part of retailers and have encouraged developers to consider new projects. Additionally, a significant interest from investors, resulted from the EU membership and the country’s declining risk status, also increases pressure on developers to react in line with existing demand. Low or zero vacancy levels in the existing retail units on the high-streets and in successfully operating shopping centres reflect huge interest on the part of retailers and have encouraged developers to consider new projects. The significant expansion of shopping centres (see the table below) might raise doubts whether the market is ready to absorb the coming supply, however, we believe that increasing consumer purchasing power combined with changing shopping habits will maintain the steady retail market growth as well as the demand for retail space and, consequently, the stable rental levels in shopping centres. thous. sq. m Shopping Centre Space Development (beginning of the year) 500 450 400 350 300 250 200 150 100 50 0 2003 2004 Vilnius 2005 Kaunas 2006 2007 Klaipėda 2008 2009 F Šiauliai 2010 F Panevėžys Source: KOBA Main Developers The main developers working on shopping centre projects are Ogmios Centras (Domus Galerija, North Town project in Vilnius, Bruklinas multifunctional project in Ðiauliai, Babilonas multifunctional project in Panevëþys), E.L.L. Nekilnojamas Turtas (Panorama SC in Vilnius, Saulës miestas SC in Ðiauliai), Hanner (Europa SC in Vilnius, Arena SC in Klaipëda, Savas SC in Kaunas), Senukai Group (Banginis in Vilnius, Mega SC in Kaunas and a numerous DIY stores throughout Lithuania), Akropolis (Akropolis SC in Vilnius, Kaunas, Klaipëda, and Ðiauliai), Baltijos Investicijø Grupë (BIG SC in Vilnius and Klaipëda), and the Rubicon Group (Ozas SC in Vilnius). One peculiarity of Vilnius and the Lithuanian retail 28 LITHUANIA States Report Retail Market market in general is that the major developers are often associated with the anchor tenants of the shopping centres, for example Maxima, Senukai, Norfa, RIMI, IKI. States LITHUANIA Main Retailers Main anchor tenants are: Maxima LT (Maxima, the largest grocery chain), Rimi Baltic (Rimi grocery chain), Rivona (Norfa grocery chain), Palink (IKI grocery chain), Senukai (DIY), Apranga (fashion retailer), Lëvuo (fashion retailer), Armitana and Danbalt (footwear and fashion retailers), Elektromarkt and Topo centras (home appliance retailers), Jysk (household goods retailer), Èilija, Delano, Fortas (restaurants). Main Grocery Chains in Lithuania (end of 2007) 250 200 150 100 50 0 Maxima IKI Norfa RIMI Number of shops in 5 major cities Number of shops in other locations Source: KOBA The interest of international retailers in the Lithuanian market is increasing. In 2007, several new brands were introduced, mainly with the opening of Gedimino9 SC in Vilnius and Akropolis in Kaunas: Marks&Spencer, Lindex, Moda More, Polarn O.Pyret, La Senza, Pepe Jeans, Almi Décor, KFC, Pizza Hut, Hesburger, etc. To date, most international retailers have licensed franchisees rather than entered the market themselves, for example ZARA, Bata, Marc’O’Polo, Tommy Hilfiger, Mexx, Hugo Boss, Esprit and Mango. Vilnius High Street Retail There are four main retail and leisure streets in the capital of Lithuania: Gedimino Avenue, Pilies, Vokieèiø and Didþioji streets. Each of these streets has unique features in terms of location, attractiveness to consumers and retailers, and potential for expansion of retail premises. Gedimino Avenue is the most prestigious high street in Lithuania, especially after its reconstruction. Although retail space on Gedimino Avenue is 29 Report particularly limited, entertainment, leisure, and shopping areas are available there. The new building construction opportunities on Gedimino Avenue are rather limited, but there are still many institutional buildings, currently accommodating government bodies, which might be perceived as an eventually potential space for development in the future. There are two shopping centres in Gedimino Avenue, Flagman (7,000 sq. m) and newly opened Gedimino9 (16,600 sq. m), both of them located in the most active part of the street – from the beginning of it up to ZARA department store. Further along, pedestrian flows decrease, and more gaps appear between shops because of institutional buildings and city squares. This is clearly reflected in rental levels (see the map below). States Gedimino Avenue is the most prestigious high street in Lithuania, especially after its reconstruction. štauto Žy gim an o-V Geležinio Vilko Str. Str. g. alo n Arse Str. CENTER dir r. V. Ku Šventaragio St OLD TOWN iaus avič an Bas Str. Maironio Str.. ko sS tr. V. Tu m tų ių eč ki Vo r. Str. St ilos riga Švit J. A. Go aiž ga nto Str . Segmentation of Gedimino Avenue and Other Major Retail Streets 40-65 EUR / sq. m / month 30-40 EUR / sq. m / month 20-30 EUR / sq. m / month Source: KOBA Having been, historically, one of the city’s main shopping streets, Pilies Street is now a mainly tourist- (amber, jewellery and souvenirs shops) and leisureoriented (cafes, restaurants, hotels) area. Vokieèiø Street was formerly quite attractive to both retailers and consumers, but the insufficient pedestrian flow, difficult parking conditions, the rapid development of out-of-city shopping centres and consumer preferences to shop there have combined to turn it into a leisure space, which today features cafes, restaurants, casinos, but very few retail units. In contrast, Didþioji Street has evolved into one of the most well-appointed shopping areas in Vilnius, where all major high-end brands have their boutiques or shops (including Armani, Hugo Boss, Roberto Cavalli, Escada, 30 LITHUANIA Retail Market Report Retail Market Ermemenegildo Zegna). In 2007, the appeal of Didþioji Street was increased after the reconstruction of the Town Hall Square, which added value to Didþioji Street as retail, leisure and tourism area. States LITHUANIA Shopping Centres The Vilnius shopping centre market has been underdeveloped in comparison with those of Riga and Tallinn due to a combination of factors: late introduction of shopping centre concept in the market (with the opening of Akropolis SC only in 2002 in Vilnius, while the first shopping centres in other Baltic states appeared already in 1998), active shopping centre developments in other Lithuania’s cities (when in Latvia and Estonia the majority of developments were ongoing in capital cities, representing two-thirds of the populations in these countries). Moreover, the most active shopping centre developers in Lithuania are local companies, in contrast, a lot of foreign developers operate in Latvia and Estonia. However, lately a number of international developers who either started or plan to undertake new shopping centre projects in Lithuania has increased. In 2007, only one shopping centre was delivered in Vilnius. In April, Gedimino9 SC (16,600 sq. m) was opened in Gedimino Avenue by Duke House Asset Managers and introduced a number of new brands to the market – Marks&Spencer, Lindex, Moda More, Pepe Jeans, Almi Décor, etc. In addition to that, some other modern retail schemes were offered to the market, as the following multifunctional projects were completed: Helios City in Konarskio Str. (approx. 7,000 sq. m shopping gallery) and Vilniaus Vartai in Gynëjø Str. (over 7,000 sq. m boutique shopping gallery). One of the notable lease transactions is represented by Apranga Group which opened City department store (3,000 sq. m) after the reconstruction of formerly Grand Duke Palace SC. Main Shopping Centres in Vilnius Shopping Centre Opening Year Total Area, sq. m 2002-2004 100,500 Europa 2004 22,600 VCUP 2003 19,800 BIG 2006 18,800 Mada 2003 18,600 Gedimino9 2007 16,600 Domus Galerija 2003 14,000 Mandarinas 2005 9,000 Flagman 2004 7,000 Akropolis Total 226,900 Source: KOBA The number and scope of projects in the pipeline show that retailers and property developers are seriously interested in the growth of the capital’s retail segment. After a relatively quiet period from 2005 to 2007, the Vilnius retail market awaits completion of several large shopping schemes. The Vilnius shopping centre market is expected more than double in stock over the next two years, when as much as over 310,000 sq. m shopping centres space is expected to be added. 31 Report Retail Market States Scheduled Opening Date Planned Total Area, sq. m Panorama Project Name 2008 65,000 Pupa 2008 6,300 Ozas 2009 93,000 Akropolis-Velga 2009 110,000 Shopping centre 2009 37,000 Total LITHUANIA Pipeline Shopping Centre Projects in Vilnius 311,300 Source: KOBA Development of Shopping Centres in Vilnius 600 thous. sq. m 500 400 300 200 100 0 2002 2003 2004 2005 2006 2007 2008 F 2009 F New deliveries Stock, beginning of year Source: KOBA Main Existing and Pipeline Shopping Centres in Vilnius 7 Str. Goštauto ŽVĖRYNAS KAROLINIÐKËS Str. Go šta uto Str . 5 Šeimyniškių Str. 9 nalo Arse SENAMIESTIS La isv ės pr. Source: KOBA 13 r. ų ivi re Ka r. St me NAUJAMIESTIS ANTAKALNIS Žirmū pr. nų Str . ų ėn 6 rgė sS tr 2 . Uk ul vės 10 Narbuto Str. sk to Str. Narbu Tu r. St Lais 14 Žalgirio Str. ės r. rg St me kių Gele Uk VIRÐULIÐKËS 4 . žinio r. niš St sti Ozo Str. Ozo Vilko kių 3 Ju tr. oS 1 Oz ŠEŠKINĖ Str Žirmūnų Str. s pr. r. St Str. Laisvė ijų ar io Vilko diš ivy Bu JUSTINIÐKËS ivių re Ka 12Str. Rygos Str. St ŽIRMŪNAI lv Ka tr. sS Geležin rgė me 11 . rijų Str Uk PAŠILAIČIAI lko Str. FABIJONIŠKĖS Kalva io Vi Geležin 8 Existing: 1 – Akropolis 2 – VCUP 3 – Mada 4 – Domus Galerija 5 – Flagman 6 – Europa 7 – Mandarinas 8 – BIG 9 – Gedimino9 Pipeline: 10 – Panorama 11 – Pupa 12 – Ozas 13 – Akropolis 14 – Shopping Center 32 Report Retail Market Rents and Vacancy Low or zero vacancy levels in the Vilnius shopping centres show that the market still lacks high quality products. However, retailers are becoming more experienced and selective when choosing projects to be in and are not undertaking any proposed project without analyzing its competitive advantages, attractiveness, catchment area, and potential to generate sufficient customer flows. Rental levels are quite comparable in the Vilnius shopping centres, however, they differ somewhat from city to city, as showed in the graph below. The rentals also depend on shopping centres’ location, concept, interior planning, mix of tenants, and general success. The Vilnius shopping centre rents paid by anchor tenants range between 7.2 and 14.5 EUR / sq. m / month, for premises that are about 100-400 sq. m in size, tenants pay 14.5-35.0 EUR / sq. m / month, while the rent of small premises up to 100 sq. m would cost 26-50 EUR / sq. m / month. Average Rents in Shopping Centres Low or zero vacancy levels in the Vilnius shopping centres show that the market still lacks high quality products. However, retailers are becoming more experienced and selective when choosing projects to be in and are not undertaking any proposed project without analyzing its competitive advantages, attractiveness, catchment area, entertainments and potential to generate sufficient customer flows. EUR / sq. m / month 60 50 40 30 20 10 Vilnius Kaunas Klaipėda Šiauliai <100 sq. m >100 sq. m Anchor Tenants <100 sq. m >100 sq. m Anchor Tenants <100 sq. m >100 sq. m Anchor Tenants <100 sq. m >100 sq. m Anchor Tenants <100 sq. m >100 sq. m Anchor Tenants 0 Panevėžys Source: KOBA Kaunas High Street Retail For a long time the most attractive retail place in Kaunas has been the pedestrian Laisvës Avenue, where shops and restaurants prevail. However, after Akropolis SC was opened in the spring of 2007, the attractiveness of Laisvës Avenue has diminished, a lot of retailers have moved their shops to Akropolis, entailing compression of rentals and increasing vacancy rates. We believe that the pedestrian retail street could regain its position if the planned reconstruction was implemented, however the project, which would add value to the area, is being postponed for several years already. 33 LITHUANIA States Report Retail Market States Shopping Centres LITHUANIA In April 2007, Akropolis (80,400 sq. m) was opened in Kaunas central location – Karaliaus Mindaugo Avenue – in the vicinity of pedestrian Laisvës Avenue, thus decreasing its attractiveness for a number of retailers. The main factors of Akropolis appeal in Kaunas are the popularity and success of its sister projects in Vilnius and Klaipëda, its good location (close to the city centre and the island of the river Nemunas where a sports and leisure arena is to be built), a strong anchor tenant (Hyper Maxima, approx. 6,800 sq. m), a large number of tenants (around 200 shops), good parking (some 2,800 spaces) and its leisure attractions (ice arena, bowling, etc.). Main Shopping Centres in Kaunas Shopping Centre Opening Year Total Area, sq. m Akropolis 2007 80,400 Mega 2005 72,000 Molas 2003 22,600 Savas 2004 13,500 Total 188,500 Source: KOBA Pipeline Shopping Centre Projects in Kaunas Scheduled Opening Date Total Area, sq. m Mega expansion Project Name 2009 13,000 Arena N/D 10,000 Total 23,000 Source: KOBA Main Existing and Pipeline Shopping Centres in Kaunas 2 6 Islandijos Avenue e nu 5 4 Existing: 1 – Akropolis 2 – Mega 3 – Molas 4 – Savas 5 – Arena 6 – Mega expansion e iø r no va Sa 3 1 Source: KOBA Av KAUNAS 34 Report Retail Market Rents and Vacancy The vacancy levels in the Kaunas successfully working shopping centres are low and almost non-existent as demand for the premises in such centres is high. However, the vacancy level in the high street reaches 15-20%. The shopping centre rents in Kaunas vary from 7.2 to 11.5 EUR / sq. m / month for anchor tenants, from 11.5 to 26.0 EUR / sq. m / month for premises that are about 100-400 sq. m in size, from 17 to 40.5 EUR / sq. m / month for small premises up to 100 sq. m. Retail premises in Laisvës Avenue can be rented for 20-35 EUR / sq. m / month, which is 8-10% lower than a year ago. The vacancy levels in the Kaunas successfully working shopping centres are low and almost non-existent as demand for the premises in such centres is high. Klaipëda High Street Retail The main retail street in Klaipëda is H. Manto Street, which is a continuation of Taikos Avenue – one of the main streets in Klaipëda, connecting southern and northern parts of the city, having big flows of transport and pedestrians, and concentrating public institutions, offices, hotels, restaurants as well as retail units. There are few shopping centres on H. Manto high-street: Mega Plaza (5,000 sq. m), Kapitolijus (4,500 sq. m); besides, Manto Namai (3,000 sq. m) will be completed in 2008 and the project of Ðiauliø titanas (9,200 sq. m) is also under construction. The Old Town can be described as another retail area, mainly dominated by Tiltø Street, which accommodates a lot of shops, bank affiliates, hotels, public institutions, residential buildings. After the reconstruction Tiltø Street is believed to gain more popularity and attract more pedestrian flows. Shopping Centres 2006-2007 was a quiet period in terms of new shopping centre projects after 2005, the Year of Big Openings in Klaipëda, when Saturnas, Arena and Grandus shopping centres were opened, and Hyper Maxima conversion into Akropolis was completed. The market in 2007 received only a few interior and home design schemes - a new specialised interior design and home decoration shopping centre Namo Inþinerijos ir Interjero Centras (NIC, 4,500 sq. m), construction materials and home decoration centre Ermitaþas (12,000 sq. m). Main Shopping Centres in Klaipëda Opening Year Total Area, sq. m Akropolis Shopping Centre 2005 77,000 BIG 2004 20,000 Arena 2005 17,400 Grandus 2005 13,500 Studlendas 2006 8,000 Saturnas 2005 5,700 Mega Plaza 2003 Total Source: KOBA 5,000 146,600 35 LITHUANIA States Report There are several retail projects scheduled to be delivered in 2008-2009, namely, an extension to BIG Shopping Centre (adding some 20,000 sq. m to the existing 21,000 sq. m), Manto Namai, which will open its doors at the junction of H. Manto Street and pedestrian M. Maþvydo Street and will welcome several fashion retailers, and Power Centre, which will have Senukai DYI store and Maxima as anchor tenants. States LITHUANIA Retail Market Pipeline Shopping Centre Projects in Klaipëda Project Name Scheduled Opening Date Total Area, sq. m 2008 30,000 Power Centre Manto Namai BIG expansion 2008 3,000 2008-2009 20,000 Shopping Centre 2009 12,000 Gandraliðkës 2010 15,000 Auksinis trikampis N/D 38,000 Domus Galerija N/D 22,000 Ðiauliø titanas N/D 9,200 Total 111,200 Source: KOBA Main Existing and Pipeline Shopping Centres in Klaipëda 6 KLAIPĖDA Sausio t e tre sS ie Pil 11 7 8 5 13-os ios Av enue 15 Tai kos nue eet Str Ave ijos Min 1213 1 Avenue s ltijo Ba 10 3 4 Existing: 1 – Akropolis 2 – BIG 3 – Arena 4 – Grandus 5 – Saturnas 6 – Studlendas 7 – Mega Plaza Pipeline: 8 – Manto namai 9 – BIG expansion 10 – Power Center 11 – Ðiauliø Titanas project 12 – Domus Galerija 13 – Gandraliðkës 14 – Shopping Center 15 – Auksinis trikampis 2 9 14 Source: KOBA In addition to the pipeline shopping centre projects, there are plans to develop some multifunctional projects, which will be also significant in terms of modern retail space offered, i.e. Jûros Vartai and Memelio Miestas. Both projects aim to change the former shipyard industrial area completely and open up access from the city to the sea. The projects will encompass the development of shopping galleries, restaurants, leisure centres, office buildings as well as hotels and are to be completed in 2012-2015. 36 Report Retail Market States Rents and Vacancy LITHUANIA The vacancies in strong shopping centre projects are almost non-existent, however, the premises in retail streets have lower demand and thus vacancy rates are somewhat higher. The shopping centre rents in Klaipëda range between 5.8 and 11.5 EUR / sq. m / month for anchor tenants, the premises that are about 100-400 sq. m in size can be rented for 10 to 23 EUR / sq. m / month, while small premises up to 100 sq. m cost from 14.5 to 38 EUR / sq. m per month. The rents of retail units in H. Manto Str. are currently 16-29 EUR / sq. m per month. Ðiauliai High Street Retail The appearance of new shopping centres in Ðiauliai has remarkably reduced the appeal of the pedestrians-only Vilniaus Street, which until 2007 used to be the most popular shopping and leisure area. A lot of retailers have moved their shops to newly opened shopping centres, thus negatively influencing rentals as well as increasing vacancy and a number of premises for sale in Vilniaus Street. Nevertheless, the people flows have not decreased significantly, restaurants and bars are still in demand, suggesting that this area will remain attractive. The appearance of new shopping centres in Ðiauliai has remarkably reduced the appeal of the pedestrians-only Vilniaus Street, which until 2007 used to be the most popular shopping and leisure area. Shopping Centres As a result of the continuing Lithuanian economy’s growth and increasing consumers’ purchasing power, the Ðiauliai commercial property market witnessed an outstanding year. Four new shopping centres were delivered to the market in 2007, making a huge influx of nearly 100,000 sq. m of modern retail. These new completions represent almost half of all shopping centre openings in Lithuania in 2007. Until 2007 Ðiauliai possessed no modern shopping centres. A new shopping centre Saulës Miestas with anchor tenant Hyper Rimi (4,500 sq. m), integrated with the city’s bus station, was completed by international developer E.L.L. Nekilnojamas Turtas. After reconstruction and expansion of Norfa XXL the Bruklinas Shopping Centre was opened. Besides the above projects, shopping and entertainment centre Tilþë was finalized at the end of 2007 in Tilþës Street, the city’s major transport artery. Also, Arena shopping centre with anchor tenants Jysk and Rimi has started its operations. As a result of the continuing Lithuanian economy’s growth and increasing consumers’ purchasing power, the Ðiauliai commercial property market witnessed an outstanding year. Main Shopping Centres in Ðiauliai Opening Date Total Area, sq. m Tilþë Project Name 2007 31,100 Bruklinas 2007 28,000 Saulës Miestas 2007 25,000 Arena 2007 12,500 Total Source: KOBA 96,600 37 Report Retail Market In addition to the projects delivered in 2007, already rising some doubts about market’s capacity to absorb all of them offered in one year, the market awaits one more strong competitor to enter in 2008, as constructions of Akropolis SC (49,900 sq. m) were started at the end of 2007. Besides, Ogmios Centras plans to complete Bruklinas project with DIY (13,000 sq. m) as well as an interior and furniture centre (10,000 sq. m), both scheduled to be finalized in 2008. Rents and Vacancy All the existing shopping centres are almost fully let, however, the arrival of another strong player, Akropolis, might make minor corrections in this relatively young market in terms of both rentals and vacancies. All the existing shopping centres in Ðiauliai are almost fully let, however, the arrival of another strong player, Akropolis, might make minor corrections in this relatively young market in terms of both rentals and vacancies. Rents paid by anchor tenants in the Ðiauliai shopping centres range between 5.5 and 8.5 EUR / sq. m / month, while premises that are about 100-400 sq. m in size cost 13-19 EUR / sq. m / month, and the rent of small premises up to 100 sq. m reaches 19-29 EUR / sq. m / month. The retail units in Vilniaus Str. and close areas currently can be rented for 13-23 EUR / sq. m per month. Resulting from the immense new supply it is 15-20% less than just a year ago. Panevëþys High Street Retail Similarly to other Lithuanian cities, the Panevëþys main retail area is located in the city centre and the Old Town, mainly occupying the ground floors of existing buildings. The main retail area is J.Basanavièiaus, Vasario 16osios, Vilniaus and Respublikos streets as well as Laisvës Square. However, although the modern shopping centres have been present in the market only for a few years, together with super/hypermarkets they have easily conquered smaller shops in the city centre, as buyers got used to shopping in large retail schemes closer to their living areas. Shopping Centres The major shopping centre project in Panevëþys is Babilonas, which has been developed in a few phases by Ogmios Centras and now serves as a regional shopping centre. Babilonas multifunctional centre is located in the southern part of the city. The first phase of the development (a 28,000 sq. m shopping centre) was completed in 2005 and supplemented by 19,000 sq. m in 2007. There are no other modern shopping centres in the city, and the market demand is supported by a few super/hypermarkets accompanied with fashion, footwear, etc. retailers having their units under the same roof. Main Shopping Centres in Panevëþys Project Name Opening Date Total Area, sq. m Babilonas-1 2005 28,000 Babilonas-2 2007 19,000 Total Source: KOBA 47,000 38 LITHUANIA States Within further development of the multifunctional Babilonas project, the market is about to receive a food and consumer goods shopping centre (28,000 sq. m), DIY centre (15,000 sq.m), Cash&Carry centre (15,000 sq. m), Car retail square (6,000 sq. m) in 2008. The project will also encompass office buildings and residential developments. Report States LITHUANIA Retail Market Rents and Vacancy The Babilonas project enjoys non-existent vacancies, so do the most attractive super/hypermarkets. The shopping centre rents in Panevëþys vary from 5.5 to 8.5 EUR / sq. m / month for anchor tenants, from 8.5 to 16.0 EUR / sq. m / month for premises that are about 100-400 sq. m in size, and from 13 to 29 EUR / sq. m / month for small premises up to 100 sq. m. The units in the main retail streets can be acquired for 13-16 EUR / sq. m / month. Retail Market Expectations The retail sector is the most progressive in terms of growth and investment opportunities. The total shopping centre stock in five major cities should increase by over 210,000 sq. m by the end of 2008 with well above half of these completions planned in Vilnius. The shopping centre market in the secondary Lithuanian cities is much better developed than those in other Baltic states and will be undergoing further expansion. As the market becomes more saturated and competition grows, the developers will start introducing new types of retail schemes, e.g. modern retail parks, which yet are a novelty in the country. Apart from expanding geographically and conceptual variety of projects, the market will also receive new players, both local and international developers as well as new brands. The negative effect on rentals and pressure on vacancy level are possible in less popular facilities as the competition among the existing and new shopping centres grows. The sustainability of the new shopping centers will depend on the continuing rapid growth of real wages and consumer purchasing power. 39 Report Warehouse/Industrial Market General Overview The Lithuanian market of modern warehouse premises is developing in terms of both volume and quality, as the demand for logistic services grows and consumers request the larger complex of them. This has resulted from the rising retail turnovers, which consequently had impact on increasing traffic flows inside and outside the EU especially after Lithuania’s joining to the alliance and as a result of the recent impressive economic growth. New constructions of warehouses/logistics centres are being developed step by step mostly in three main cities: Vilnius, Kaunas and Klaipëda. In terms of new supply, the large-scale warehouse projects appeared in the market only a few years ago. A lot of newly-built projects are planned and constructed on a built-to-suit basis. New constructions of warehouses/logistics centres are being developed step by step mostly in three main cities: in Kaunas near Via Baltica road and in the Kaunas FEZ, in the Klaipëda FEZ, as well as around Vilnius. In 2007, Vievis, a small town situated just 40 km from Vilnius on the Vilnius-Kaunas highway, has become a preferred location in terms of logistics. Besides, the popularity of areas around Panevëþys is increasing as it is a rather central location for regional distribution, even convenient for the ones serving the whole Baltic market. The most active industrial developments are being held near the main roads of international European transport corridors that cross Lithuania: Highway Via Baltica (No. I) in the North-South direction and railway line Rail Baltica, on the route Tallinn-Riga-Panevëþys-Kaunas-Warsaw; In the East-West direction: the road IXb (Kiev-Minsk-Vilnius-Klaipëda). The demand for logistics and warehousing premises comes mostly from the companies serving the local market, as the large multinationals rather choose Poland, Czech Republic, Slovakia or Hungary to locate their regional distribution centres in Central and Eastern Europe. Thus, the most sought-after are small premises within city boundaries, which might take time to find as the newly constructed modern warehouses tend to be built out of the city and are oriented to large clients with tight lease agreements. Most active developers on a local market are Ogmios Centras (Baltic Logistics City, Vilija Park, DIG Logistika, Ormina Warehouses, etc.), MEI Baltija (Dobrovolës and Kirtimai logistics centres), Vingës Logistikos Group (Vingës Terminalas, Vingës Transsphere Logistika), BNTP (Klaipëda Business Park). Warehouses Stock & Pipeline thous. sq.mm thous.sq. 450 400 thous. sq. m 350 300 250 200 150 100 450 450 400 400 350 350 300 300 250 250 200 200 150 150 100 100 50 50 0 0 Vilnius Vilnius 50 0 Vilnius Source: KOBA Kaunas Klaipėda Vievis Warehouses stock, January 2008 New deliveries by the end of 2008 The demand for logistics and warehousing premises comes mostly from the companies serving the local market, as the large multinationals rather choose Poland, Czech Republic, Slovakia or Hungary to locate their regional distribution centres in Central and Eastern Europe. Kaunas Kaunas Klaipėda Klaipėda Vievis Vievis Warehouses stock, January 2008 Warehouses stock, January 2008 New deliveries by the end of 2008 New deliveries by the end of 2008 40 LITHUANIA States Report Warehouse/Industrial Market Vilnius Modern logistics supply in Vilnius currently stands at nearly 300,000 sq. m. At the moment around 94,000 sq. m additional warehouse space is at different development stages. In general, not just in Vilnius, warehousing and industrial facilities are moving out of the borders of the city mainly because of inner- city traffic problems and rising land prices, which are too high to maintain industrial or warehousing premises in the city. The early warehouse developments in Vilnius were concluded in the Kirtimai, Paneriai and Vilkpëdë districts, where historically industrial businesses have operated. However, now developers prefer Minskas Road, Dobrovolë, Trakø Road, Vilnius-Kaunas highway directions, which guarantee convenient access to the city. Vilnius and nearby areas are mostly chosen by the smaller companies, whereas large distributors prefer locations in more central parts of Lithuania, e.g. Kaunas, Panevëþys, which are more convenient in terms of serving the whole country. A perfect a example of how businesses are looking for more advanced locations is Vievis town, situated within less than 40 km from the Vilnius city centre. Vievis welcomed some noticeable completions in 2007 and is set for further expansion in terms of logistics and industrial projects development. Vilnius and nearby areas are mostly chosen by the smaller companies, whereas large distributors prefer locations in more central parts of Lithuania, e.g. Kaunas, Panevëþys, which are more convenient in terms of serving the whole country. Main Logistics/Warehousing Objects Delivered in Vilnius County in 2007 Project Location Total Area, sq. m Vievis 18,400 Vingës Transsphere Logistika Vilnius region 18,000 Dobrovolës Logistics Centre II Vievis Logistics Centre Dobrovolë 10,500 AP Warehouse Vilnius 8,900 Autoverslas Warehouse Vievis Total 8,000 63,800 Source: KOBA Mainly the same few developers are the most active in the Vilnius logistics market; also it is quite popular to develop logistics projects for own-use, as do some large logistics companies, grocery or DIY chains. Ogmios Centras is developing two warehouse/industrial projects within the city boundaries: DIG Logistika close to Vilnius airport and the projected southern bypass and Vilija Business Park nearby the crossroad of Vilnius-Klaipëda highway and road to Warsaw. Vingës Logistikos Grupë (VLG), which has successfully completed Vingës Transsphere Logistika project on the Vilnius-Klaipëda highway in 2007, has announced plans of further expansion (approx. 40,000 sq. m) in Vilnius region. The third development stage is also foreseen by MEI Baltija in Dobrovolë area close to Vilnius. 41 LITHUANIA States Report Warehouse/Industrial Market States Project Location Vingës Terminal Dobrovolës Logistics Centre III Vilija Business Park Grigiðkës Vilnius, Dobrovolë Vilnius DIG Logistika Pirkliø Business Park Finëjas Transport and Logistics Centre Maxima Bazë expansion Scheduled Opening Total Area, sq. m 2009-2010 40,000 2008 32,000 2008-2009 23,000 Vilnius 2008 22,000 Vilnius 2008 10,000 Vievis 2008 7,200 Vilnius N/D Total Most specialists agree that Kaunas, being the geographical centre, will become the country’s logistics and warehouse centre. N/D >134,200 Source: KOBA Kaunas The modern warehouse stock in and around Kaunas reached 125,000 sq. m at the end of 2007. New development activities remains strongly concentrated along the Via Baltica highway close to Kaunas as well as in the Kaunas Free Economic Zone (the Kaunas FEZ). Most specialists agree that Kaunas, being the geographical centre, will become the country’s logistics and warehouse centre. The year 2007 was the most active in terms of new logistics projects development in both Kaunas city and region, when nearly 70,000 sq. m of modern warehousing space were delivered. Main Logistics/Warehousing Objects Delivered in Kaunas County in 2007 Project Kaunas Terminal I Baltic Logistics City I Celsis Lavisa Logistics Total Location Total Area, sq. m Kaunas FEZ 30,000 Kaunas, Kaupiðkës 23,500 Kaunas 9,000 Kaunas FEZ 7,000 69,500 Source: KOBA Developer YIT Kausta has finalized the construction of Kaunas Terminal (30,000 sq. m) in the Kaunas Free Economic Zone (FEZ). The Kaunas FEZ is located close to the country’s main transportation corridors as well as the local Karmëlava airport, and offers a number of tax incentives to developers. Successfully leased Kaunas Terminal is planned to be developed further. A new logistics centre, Baltic Logistics City, is under development close to the Via Baltica highway. Over three development stages, altogether the market will receive a total of around 52,000 sq. m of modern warehousing and administrative premises by the end of 2009. In the end of 2007, the first phase of the project was completed. The biggest in volume project is Kaunas Logistics Park close to VilniusKlaipëda and Via Baltica highways, which will host Senukai as the anchor tenant. 42 LITHUANIA Main Pipeline Logistics/Warehousing Projects in Vilnius County Report Warehouse/Industrial Market States Project Kaunas Logistics Park Baltic Logistic City III YIT Kausta Baltic Logistic City II Location Scheduled Opening Total Area, sq. m Kaunas Kaunas, Kaupiðkës Kaunas FEZ Kaunas, Kaupiðkës 2008 110,000 2009 20,000 N/D 20,000 2008 9,000 Total LITHUANIA Main Pipeline Logistics/Warehousing Projects in Kaunas 159,000 Source: KOBA Klaipëda Klaipëda, being Lithuania’s main port city is attractive for both industrial and logistics businesses. The warehouses that have been newly constructed are mainly directed towards the goods which pass through the seaport. Developers are still focusing their projects in the Klaipëda Free Economic Zone (FEZ). The Klaipëda FEZ was the first free economic zone in Lithuania, offering favourable conditions and benefits to various businesses in a territory of 305 ha. The Klaipëda FEZ has more than 20,000 sq. m of modern warehouse space available, which will almost double after completion of Vingës Terminal in 2008. Main Pipeline Logistics/Warehousing Projects in Klaipëda Project Laistø International Trade Centre Vingës Terminal Location Klaipëda, Laistai Klaipëda FEZ Scheduled Opening Total Area, sq. m 2008 27,400 2008 18,800 Klaipëda Business Park Klaipëda 2008 11,500 Ad Rem Klaipëda 2008 10,000 Total 67,700 Source: KOBA Ðiauliai and Panevëþys The industrial markets of Ðiauliai and Panevëþys are dominated by reconstructed or older warehouse and industrial facilities. Although Ðiauliai has many large industrial companies, the modern industrial and warehousing market is underdeveloped. The Ðiauliai city council initiated the formation of a 165 ha Industrial Park in the Zokniai district. Under this initiative, industrial companies will be encouraged to move out of the central part of Ðiauliai into more industrial zones. The Industrial Park is close to the Zokniai airport and a logistics centre is included in the plans. Panevëþys is expected to become more attractive in terms of logistics and warehousing due to its favourable location, enabling to serve not only Lithuania, but Latvia as well, which is pretty substantial for companies operating in both countries. Palink (IKI grocery chain) has started the development of 47,000 Panevëþys is expected to become more attractive in terms of logistics and warehousing due to its favourable location, enabling to serve not only Lithuania, but Latvia as well, which is pretty substantial for companies operating in both countries. 43 Warehouse/Industrial Market sq. m built-to-suit logistics centre, which will be concluded in two phases. A new E67 business park, offering around 20,000 sq. m logistics facilities, is also planned by Kavaska. Report States LITHUANIA Rents and Vacancy Prime warehouse rents range from 4.5 to 6.5 EUR/sq. m/month, and from 5.5 to 8.5 EUR/sq. m/month for office space in all major Lithuanian cities. Vacancy levels are low in the modern premises as the market is very dependent on pre-leasing. Average Rents in New Construction Warehouses 7 EUR / sq. m / month 6 5 4 3 Vilnius Kaunas Klaipėda Vievis Source: KOBA Warehouse/Industrial Market Expectations The current intensive construction activity implies that new warehouse supply will remain strong in 2008. The demand of industrial premises is expected to remain stable, while the market has a lot of growth potential, especially as a result of the growth in retail sector and thus increased demand for retail goods storage. The increasing labour costs are making Lithuania less competitive for international production relocation. The warehouse rents are to remain stable with some signs of an upward pressure, especially by the newly-entering projects. The warehouse/industrial market will remain especially sensitive to pre-leasing thus influencing low vacancy levels. 44 Report The number of both incoming and local guests staying at Lithuania’s hotels, and particularly those in Vilnius, constantly increases. The number of hotel visitors has remarkably gone up after country’s accession to the EU. Number of Guests in Hotels and Motels 1,200 thousand 1,000 800 States Foreigners made up 61.6% of overnight stays, among them, Germans made the majority (15.7%), followed by Polish (13.0%) and Russian (8.0%) visitors. 600 400 200 0 2000 2001 Lithuania 2002 Vilnius 2003 2004 Kaunas 2005 2006 Klaipėda Source: Lithuanian Statistics Department Lithuania’s hotel market, as of September 2007, contained 297 hotels with 9,925 rooms, and the number of beds totaled 19,620. A quarter of all hotels were located in the capital, however, Vilnius accounted for almost half of hotels visitors. Number of Hotels and Occupancy Rate in Lithuania 45 350 40 35 250 30 200 25 20 150 15 100 10 50 0 Occupancy, % Number of hotels 300 5 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Total number of hotels 0 Hotel occupancy rate, % Source: Lithuanian Statistics Department The number of guests staying in hotels in Lithuania is rising continuously, and, despite the increasing number of hotels, the occupancy rates keep the upward direction too. In 2006, hotels accommodated 18.9% more guests than in 2005, while the number of nights spent in hotels increased by 15.5%. Foreigners made up 61.6% of overnight stays, among them, Germans made the majority (15.7%), followed by Polish (13.0%) and Russian (8.0%) visitors. The Lithuanian Statistics Department figures show that most foreigners, staying in hotels, visit Lithuania for holidays (49.2%) and business (37.4%). 45 LITHUANIA Hotel Market Report Hotel Market In 2006, the occupancy rate for Vilnius hotel rooms was 52.3% (in 2005 – 51.0%). Hotel occupancy rates for the country overall are lower (42.3% and 40.8%, in 2006 and 2005 respectively), the busiest month in 2006 being August (57.2%), the least busy – January (26.1%). States LITHUANIA Hotel Rooms Occupancy Rate 60 50 40 % 30 20 10 0 5* 4* 3* 2005 2* 1* Total 2006 Source: Lithuanian Statistics Department 56% of hotels in Lithuania are qualified for 3- and 4-stars, and the occupancy rate is the highest in 4-stars hotels. Number of Hotels by Qualification Categories in 2006 Non-classified 5* 4* 5* 2* 4* 3* 3* 2* 1* Non-classified 3* Source: Lithuanian Statistics Department Average Rooms Prices in Hotels in 2006 (EUR / room / night) Lithuania Vilnius County Apartments Lux Single Double Triple and other 153.8 96.7 54.4 69.2 47.8 189.1 139.6 82.0 89.8 45.8 Source: Lithuanian Statistics Department 46 Report Hotel Market States LITHUANIA Most of the hotels in Lithuania are small and privately owned. Among the larger ones, management contracts (e. g. Radisson SAS, Scandic, Reval) are dominated by private owners. The hotel market expansion is ongoing in two directions: hotels are being built and reconstructed, firstly, in all major cities, secondly, in resort areas, such as Druskininkai, Trakai, Palanga. Main Hotels Delivered in 2007 Location Category Number of Rooms Druskininkai 4* 36 Hotel Name Best Western Central (reconstruction) Trasalis Trakai 3* 103 Klaipëda Hotel Kaunas 3* 28 Daugirdas Kaunas 4* 48 Panorama (reconstruction) Vilnius 3* 224 Total 439 Source: KOBA Main Pipeline Hotel Projects Project Artis Centrum Hotels (expansion) City Hotels (Algirdo Str.) City Hotels (Bokðto Str.) AAA Kempinski Hotel Vilnius World Trade Centers Vilnius Hotel in Vytauto Ave. Reval Hotel Neris (reconstruction) Europa Royal Respublika Babilonas Panevëþys Hotel (reconstruction) Bruklinas Total Location Scheduled Opening Expected Category Number of Rooms Vilnius 2008 4* 53 Vilnius 2008 3* 50 Vilnius 2008-2009 5* 120 Vilnius 2008 5* 110 Vilnius N/D N/D 300 Kaunas 2008 3* 160 Kaunas 2008 N/D 208 Kaunas 2008 4* 200 Kaunas N/D 3-4* 250 Panevëþys 2009 N/D N/D Panevëþys 2008 N/D 50 Ðiauliai N/D 3* 120 >1,621 Source: KOBA 47 Hotel Market Report States Hotel Market Expectations The number of both incoming and local travelers and hotel guests is expected to increase further, thus influencing rising demand for hotel services. The positive impact on the number of foreign tourists is also likely due to the expansion of Vilnius and Kaunas airports. The new passenger terminal in the Vilnius Airport is already finalised, while that of Kaunas Airport is expected to be ready in the first half of 2008. Along with expansion of existing hotel chains, the new ones are likely to enter the market. Some real estate market players start to diversify their property portfolios by stepping into the hotel market, e.g. Ogmios Centras has undertaken several new hotel projects in Vilnius, Ðiauliai and announced about planned developments in Panevëþys. The hotel market remains one of the most complicated and specific commercial real estate segments, as hotel business requires special know-how and certain entrance barriers discourage developers to enter this market. LITHUANIA 48 Report The number of investors interested in the Lithuanian property market and looking for investments of different size has increased significantly as a consequence of the country’s accession into the EU and impressive economy growth leading to comparatively small risk. However, the economic outlook has changed during 2007, influenced by both external circumstances (global credit crunch, worsened Latvia’s and Estonia’s economic perspectives) and internal factors (acceleration of inflation, increasing current account deficit, etc.). The market has already reacted to the changing situation driven by the global credit turmoil. The investors whom are active come with a much larger proportion of equity than before as the yields are rather low compared to constantly increasing interest rates. States The investment market is becoming more projectoriented. The shortage of cash-flow deals has forced the investors to look at development projects where the yield is higher. The investment market is becoming more project-oriented. The shortage of cash-flow deals has forced the investors to look at development projects where the yield is higher. On the other hand, now that the market is in the phase of slowing down, a number of development projects for sale has increased. This means attractive opportunities for those developers and investors who are more experienced and dispose a larger proportion of equities. The main objects of interest for institutional investors are located in the capital. In 2007, Vilnius and Kaunas were the most active investment markets in terms of transactions. However, during the last few years we observed a number of transactions in secondary cities as well and believe that this trend will continue. As a result of the strong competition among investors the secondary-city yields are unexpectedly similar to those in the capital. Main Investment Transactions in 2007 Project Investor Property Type SEB (SLB1, portfolio of 26 properties) Norfa (SLB1 portfolio of 23 properties) Homburg Invest Offices Verdispar Retail BIG SC Dainava SC Auðra SC Vingës Transsphere Logistika Metalco Baltic (SLB1) Invalda (portfolio of 5 properties) Total Deka Immobilien Investment Parex Baltic Real Estate Fund II Nude Estates 2 City Various cities Various cities Total Area, sq. m 44,000 35,500 Retail Vilnius 28,000 Retail Kaunas 5,700 Retail Utena 5,000 Verdispar Logistics VilniusKaunas 18,500 N/D Logistics Vilnius 3,400 Terra Prospera Logistics, offices Vilnius, Kaunas N/D >140,100 sale and lease- back Source: KOBA 1 After a significant decline over the last 4-5 years, the yield level has stabilized in 2007. The yield compression to around the level of the Western European 49 LITHUANIA Investment Market countries indicates market becoming more mature and much less risky than perceived just 4-5 years ago. However, we believe that the yields already reached the turning point and are about to grow somewhat in 2008 due to the changing market situation, as described above. The investment market, previously dominated by capital inflows from Scandinavian region, now receives interests from other countries too, namely, the United Kingdom, the USA, Canada, Ireland, Germany, etc. Office Market The main objects of interest for institutional investors are located in the capital, as the Vilnius office market remains the most active and the largest in volume. The supply of fully developed objects for cash-flow deals is scarce. The main transaction in the office segment in 2007 was the closing of SEB office portfolio of 26 properties sale to Homburg Invest and leasing it back to the seller. With stable labour market perspectives, promising high employment levels, the demand for office space should continue to grow, making office properties desirable investment objects. Report States The yield compression to around the level of the Western European countries indicates market becoming more mature and much less risky than perceived just 4-5 years ago. However, we believe that the yields already reached the turning point and are about to grow somewhat in 2008 due to the changing market situation, as described above. Retail Market Investor interests cover the entire range of retail products – shopping centres, super/hypermarkets, DIY stores. Some of the most notable transactions in 2007 include BIG SC in Vilnius acquired by German Deka Immobilien Investment and Norfa supermarket portfolio of 23 properties (sale and leaseback), purchased by Norwegian Verdispar, which currently is one of the most aggressive and active market players of foreign origin. Generally, the demand for attractive investment opportunities from domestic and international players remains high. Industrial/Warehouse Market The industrial/warehouse market has been gathering pace in recent years and was relatively active in 2007, also experiencing a few investment transactions. In 2007, an acquisition of newly built Vingës Transsphere Logistika by Verdispar was transacted. Several sale and lease-back transactions and smaller deals were completed in 2007. We expect the number of transactions to increase, chief factors behind being the volume of projects in the pipeline along with favourable internal and external market conditions for further development of industrial/warehouse market objects. Generally, the demand for attractive investment opportunities from domestic and international players remains high. Hotel Market Hotels in Lithuania are mainly operated by local companies, which usually own no more than one or two establishments. International hotel chains lease properties which are also mostly locally-owned. As a result of the constantly increasing demand for hotels, the expansion of the existing hotel chains as well as the arrival of new ones is an ongoing process which is expected to continue for few years. Normally, international operators prefer to rent rather than buy, and we therefore expect that developers will build more hotels for leasing. This will naturally increase the number of investment opportunities. 50 LITHUANIA Investment Market Investment Market Report States Investment Market Expectations The underlying economic fundamentals suggest that the commercial real estate market will continue to be a healthy market to the investor. A number of investment products for sale as well as the volume of transactions are expected to increase due to relatively strong commercial properties development pipeline and changing market conditions. A number of development projects acquisitions has already increased and will keep the same direction. The yields have already reached the turning point and will be keeping the trend to increase slightly. LITHUANIA 51 Legal Environment Harmonisation of the legislative acts with those of the European Union and the reform of the administrative system in Lithuania has contributed to the protection of ownership, legal occupancy and investments. Report States LITHUANIA The transposition of the EU Acquis Communautaire into the Lithuanian legal system has started long before 1 May 2004, the formal day of membership. In the autumn of 2004, Lithuania was the number one country in the entire EU by the scope of transposition of the EU directives. Thus Lithuania’s investment law conforms to the European Union standards, with a new Company Law and the Civil Code that took effect in 2001. The real estate market in Lithuania is regulated following the generally accepted principles of ownership immunity and protection of rights of a just acquirer (possessor). In addition, the principles of equal treatment and equal protection are the main principles of the investment law, meaning that both Lithuanian and foreign investors are subject to equal business conditions, and their rights and lawful interests are equally protected by law. General Information Any resident of Lithuania or a foreigner, either an individual or an enterprise, may acquire buildings, flats and other premises in Lithuania. However, there are certain limitations for direct land ownership. On the other hand, any individual or enterprise, either a Lithuanian national or a foreigner, may freely establish an enterprise in Lithuania. Enterprises established in Lithuania notwithstanding who has their effective control are entitled to acquire real estate without any specific restrictions. Establishing a Lithuanian Property Company Kinds of Enterprises A company of limited liability is a common legal form in Lithuania (over 98% of all Lithuanian registered enterprises), particularly used for investment in real estate. Private limited companies with a minimum capital of approx. EUR 2,900 and up to 250 stockholders as well as public limited companies with a minimum capital amount of approx. EUR 43,443 are the two alternatives for companies. The Lithuanian law designated to satisfy private interests has established a number of other legal forms for private ownership and the use of real estate: a personal enterprise, a general partnership and a limited partnership. With the exception of limited partners in a limited partnership, personal enterprises and partnerships are regarded as enterprises with unlimited liability. All registration differences of enterprises of so-called ‘local’ capital and of ‘foreign’ capital have been eliminated. The Register of Legal Persons accumulates, protects and provides information on all Lithuanian enterprises and other legal persons. An enterprise is considered to be established only when this enterprise is registered with the Register of Legal Persons. Consequently, any changes of incorporation documents and data of the enterprise are effective only after they are registered with the Register of Legal Persons. The basic information accumulated in the Register of Legal Persons is available on the Internet. 52 Legal Environment Opening and Closing an Enterprise Report States LITHUANIA The World Bank Report ‘Doing Business in 2008’ ranks Lithuania the 26th economy in the world on the ease of doing business. Lithuania maintains uncomplicated market entry procedures for enterprises. Establishing an enterprise is quick and inexpensive. In principle, when the registration process goes smoothly, two weeks is the average time schedule for enterprise registration. The registration time and cost are, naturally, higher for foreign owners, which have to provide certified translations of the paperwork. As far as company exit is concerned, the system is in place and operates fairly well. Lithuanian laws allow for a fairly easy exit of companies from the market through liquidation. An average bankruptcy case lasts for about 1.8 years, which is among the shortest periods in the region. Collective Investment Undertakings According to the latest amendments in legislation regulating collective investments, from 1 March 2008 a possibility to incorporate not only openended investment funds and investment companies with variable capital, but also close-ended investment companies and investment funds is established. The law entitles real estate collective investment undertakings (hereinafter – RECIU) to invest into land, buildings (premises), securities of real estate companies, shares of other collective investment undertakings as well as certain other assets. To protect at the maximum the interests of participants in RECIU certain restrictions with regard to investment activities apply. For instance, the RECIU are not allowed to lend, grant for guarantee or security their assets for the third parties’ obligations. Public Private Partnerships Public Private Partnerships (PPP) projects are still a new practice in Lithuania though Lithuania has a favourable legal environment for PPP projects. The new Civil Code, effective since 2001, introduced the required legal regulations for PPP schemes. The new Concessions Law came into power on 1 October 2003 and improved significantly the possibilities to apply concessions for various projects in the public sector involving private capital. According to the law, the areas where concessions can be applied are broad enough, including energy, healthcare, tourism, public services and other sectors. The most popular areas where concession is applied in Lithuania are: energy sector, public services, real estate development, transport and environment. As the Lithuanian public sector is under constant need for investments, and is moving towards the more efficient management of resources and achievement of greater value for money over the longer period of time, there is major demand for increase of the number and extent of PPP projects in Lithuania. 53 Legal Environment Investment into Real Estate Report States Acquisition of Land and Buildings LITHUANIA Principally, there are no severe limitations to the direct acquisition of buildings and land for development by foreigners. Foreign investors have the right to buy or lease buildings for their commercial activities as well as lease or purchase land plots for the construction of buildings. Rights of foreigners to acquire land in Lithuania are established in the Constitution of Lithuania and regulated by the special Constitutional Law on Implementation of Paragraph 3 of Article 47 of the Constitution. With certain exceptions of the entrails of earth (underground) and nationally significant land areas exclusively belonging to the State, other land, inland waters and forests may be acquired into ownership by foreigners as explained below. The main requirement for foreigners wishing to acquire land in Lithuania is meeting the criteria of origin – citizenship, permanent residency or establishment in a European Union Member State, or a member state of the Organisation for Economic Co-operation and Development (OECD) or of the North Atlantic Treaty Organisation (NATO), or a state which is a party to the European Economic Area Agreement, or states parties to the Europe (Association) Agreement concluded with the European Communities and their member states. Certain limitations for acquisition of agricultural land and woodland apply during the seven-year transitional period (until 1 May 2011). During the transitional period only foreign individuals who have been permanently residing and engaged in agricultural activities for at least three years as well as foreign legal persons and other organizations that have established in Lithuania their representative offices or branches will be allowed to acquire agricultural land and woodland. Foreigners that do not comply with the established criteria may lease the land plots or use them based on other kinds of contracts. As for buildings, flats, other premises and structures, there are no substantial restrictions imposed by Lithuanian law in relation to acquisition of these types of real estate by Lithuanians or foreigners. It is noteworthy that for the sake of the acquirer, the Lithuanian law establishes the connection between the land and buildings. Pursuant to the Civil Code of Lithuania, if a land plot is subject to acquisition, it is presumed that the buyer also obtains the ownership right to the buildings, constructions and facilities on this plot of land, unless the sale-purchase agreement specifies otherwise. On the other hand, by an agreement on sale-purchase of a building or other real estate, the seller has to transfer to the buyer the rights to the land, on which the building is located. In case the seller of the building is also the owner of the land plot, the seller has to transfer to the buyer either the ownership right to that plot of land or the right of the land lease or development. If the seller does not own the land, on which the sold building is located, the buyer acquires the right to use a respective part of the plot of land under the same conditions as the seller. 54 Legal Environment Privatisation Report States LITHUANIA Real estate may also be acquired following the special procedures of privatisation of state and municipal property. Usually, investors in state and municipal property are asked to assume certain contractual obligations, which are mainly contributing to preservation and development of such property. Privatisation may take the form of any of the following: public sale of shares, public auction, public tender, direct negotiations or transfer of control of state or municipality-controlled enterprises. Investors may negotiate settlement for privatised property by instalments and, depending on the form of privatisation and the privatised property, payments may be allocated for the period of maximum five years. Under certain conditions, for instance, in case of major investment in the leased state or municipal buildings or premises, such premises may be later privatised according to an agreement on lease with an option to purchase allowing the investor to settle for the real estate during the lease period up to ten years. The latest information about privatisation objects may be found in the Information Bulletin on Privatisation (Informacinis privatizavimo biuletenis). Privatised property is sold by privatisation institutions such as the State Property Fund (in case state property is privatised) or municipal administration (in case municipal property is privatised). Financing Real estate financing is widely available. Foreign and domestic capital providers offer a wide range of real estate financing products, including first and second mortgages, debt financing, financial leasing, support from specialized funds and other. As a result, long-term financing is generally available in litas, euros, and US dollars. The Lithuanian financial system has been adequate to support the recent strong economic growth and the businesses have free access to finance. European Structural Funds European Structural Funds will be one of the main drivers of the Lithuanian economy over the coming years. Over LTL 23 billion (approx. EUR 6,7 billion) of EU structural assistance from the European Social Fund, European Regional Development Funds and Cohesion Fund is intended for Lithuania for 20072013. The primary purpose of the support is to rapidly improve conditions to invest, work and live in Lithuania. Operational programmes with regard to the mentioned support are committed to the development of human resources, economic growth, promotion of cohesion and technical assistance. Mortgages Real estate mortgages are common collateral on loans issued by Lithuanian banks for acquisition and development of real estate. 55 Real estate owners are free to mortgage their property in order to secure the existing or intended undertakings and obligations arising with respect to land transactions, commercial loans and other. It is noteworthy that the mortgaged property remains with the owner and does not eliminate the owner’s rights to use and dispose of the mortgaged property taking into account the rights of the creditor. Report States LITHUANIA Legal Environment Like other real estate transactions, contractual mortgage has to be certified by a notary and registered. Divisions of Mortgages at the local courts are in charge of the registration of mortgages that come into effect upon registration in the Register of Mortgages. It takes three days to register a real estate mortgage. Lithuania is currently undergoing mortgage reform. Consequently, mortgage registration procedures will be simplified in the near future so that to implement one-stop shop principle for mortgage registration. Due to this, all actions required for the execution of a real estate transaction (including the mortgage, transmission of information to respective registers, etc.) will be performed by notaries. Application to various institutions will be no longer necessary. Sale-Purchase Agreements For protection of owner interests, all real estate sale-purchase agreements have to be signed in the presence of a Lithuanian notary public who verifies the agreement for its legality as well as notifies the Real Property Register on the concluded sale-purchase agreement of a particular property. Nevertheless, the buyer for his own sake is responsible for applying to the Real Property Register for registration of the ownership right to the property after the transferacceptance of the property takes place. Even if the registration of the change of the owner in the Real Property Register is not mandatory, no further real estate transactions would be possible as long as the registration is not completed. The notary fees are differentiated according to the parties (individuals or legal persons) and count as a percentage of the price payable for the purchased property. For example, if the sale of real estate involves a legal person, the notary fee will be 0.5% of the purchase price. In any case the notary fee may not exceed LTL 50,000 (approx. EUR 15,500) per transaction. Following the general principles of law, Lithuanian law is always applied to international transactions concerning real estate located in Lithuania. The transfer of real estate has to be documented by a statement of transferacceptance that is signed by the buyer and the seller. A notarised agreement on sale-purchase of real estate is binding on the seller and the buyer. However, the sale and purchase of real estate may be invoked against third parties only in the event of being properly registered with the Real Property Register. Real Property Register In the World Bank’s ‘Doing Business in 2008’ report, Lithuania ranks in the 4th place among the top 10 countries with the most efficient property registration procedures. The Real Property Register contains all actual information on buildings and land plots, rights to real estate and encumbrances thereof. One can receive 56 information from the Real Property Register on changes in real estate, mortgages on buildings or land plots including pledges of land lease rights, imposed attachments, civil cases brought to the court regarding real estate as well as registered agreements or decisions made regarding the legal status of real estate, such as concluded lease agreements and equivalent, regarding any particular piece of property. Report States LITHUANIA Legal Environment Real property registration fee depends on the kind of the real estate and its value and varies in a range of up to EUR 1,450. Planning and Development For the purposes of the construction, a plot of land has to be formed according to a detailed plan. A detailed plan should also be prepared in case of change of the purpose of the land, division or combination of the land plots and in other cases specified by the legislative acts. The organizers of the detailed planning are the directors of the municipal administrations. However, municipalities are allowed to transfer the rights and obligations of the organizer of the detailed planning to the owners or users of the land plot. In a detailed plan, the following requirements for usage and arrangement of the territory have to be established: the general and specific use of the land plot, the maximum height of the buildings, the allowed density and intensity of construction on the land, the territory for construction, the conditions of arranging engineering and communication network and the servitudes, if required. The detailed plans of the territories that do not have engineering infrastructure might be prepared only upon preparation of a special plan for development of the engineering infrastructure. However, the legal acts provide that such special plan might be prepared simultaneously with the detailed plan of the land plot. There are no particular restrictions imposed on the construction activities of foreign enterprises. According to the Law on Construction, both Lithuanian and foreign persons can benefit from construction rights to the extent limited by law. The principal legal requirements include possession of the land on which construction activities are to be undertaken. Land developers thus have to own the land or use the land plot on other legal basis. The second step is to obtain a planning permission for the building. The developer should also be in the possession of a building permit that is issued based on complete architectural plans to comply with the general area development plans. The procedure for issuance of building permits has been simplified and is based on a one-stop-shop principle. A building permit can be obtained from the local municipality if the developer submits certain documentation. A building permit is normally granted for a period of ten years. The owner is entitled to use the newly constructed or reconstructed building after it has been commissioned. The next step is to register the building in the Real Property Register. 57 Legal Environment According to the laws, the user of a building has to supervise its condition and perform technical supervisions. The user of a building is obligated to timely repair, reconstruct the building and maintain the surroundings. The municipality is entitled to control how buildings are used. Report States LITHUANIA Letting of Real Estate Both Lithuanian and foreign nationals and enterprises and may let or lease land and buildings. Real estate and land in particular may also be leased from the state or local municipalities. Any agreement for the letting of real estate is to be concluded in a written form and no further approval by a notary public is required. Such agreement may also be invoked in respect to third parties only upon its registration with the Real Property Register. Upon a change of the landowner, the new owner takes over the rights and obligations of the lessor in accordance with the lease agreement registered with the Real Property Register. With the exception of certain lease conditions specified by law, provisions of the lease of real estate are negotiable. One of the lease conditions regulated by law is that terms of state-owned land leases may not exceed 99 years (25 years for agricultural land) and other real estate may not exceed 100 years. Commercial real estate leases typically have terms of three - five or more years. A lessee, who has duly performed under the terms of a lease agreement, shall be entitled to a pre-emptive right to renew the lease agreement and is entitled to restitution if the lessor has failed to comply. A land lease agreement may be terminated with a two-month minimum notice if the land is not for agricultural purpose, or a three-month notice if the agreement of the agricultural land lease is terminated. An agreement of building lease may be terminated under certain circumstances as established by law and the contract. Rent fee is often denominated in the litas by establishing a firm rate with euro (LTL 3,4528 to EUR 1) or in euros if a foreigner is a party to the lease agreement. The quoted rent fee generally does not include utilities and service charges and the value added tax (18%) that are added on the rent fee. Investment Protection and Guarantees The investor rights and lawful interests are secured by the Law on Investments and other regulations. An investor has the right to possess, use and dispose of the assets he invested in and, upon payment of the taxes prescribed by the laws of Lithuania, to convert the profit into foreign currency and transfer it abroad without any restrictions. Damage inflicted upon the investor by unlawful actions of state or local authorities is compensated according to the procedure established by law. Property is protected from expropriation following the generally accepted principles, i.e. property may only be expropriated in extraordinary circumstances with prompt compensation at the market value. 58 Legal Environment Foreign investors can defend their rights and lawful interests against Lithuania in the courts of Lithuania, international arbitration institutions or other institutions. In case of investment disputes, foreign investors also have the right to directly address the International Centre for Settlement of Investment Disputes. Report States LITHUANIA Bilateral agreements on investor protection are already in place with Argentina, Armenia, Australia, Austria, Belarus, Bulgaria, Belgium-Luxembourg Economic Union, China, the Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hashemite Kingdom of Jordan, Hungary, Iceland, Israel, Italy, Kazakhstan, Korea, Kuwait, Latvia, Moldova, Mongolia, the Netherlands, Norway, Poland, Portugal, Romania, the Russian Federation, Serbia and Montenegro, Slovenia, Spain, Sweden, Switzerland, Turkey, the Ukraine, the United Kingdom, the USA, Uzbekistan, Venezuela and Vietnam. The Agreement on Use of Local Currency and the Agreement on Legal Protection for Guaranteed Foreign Investments between the Multilateral Investment Guarantee Agency (MIGA) and Lithuania are in force. 59 Taxation Lithuania’s tax regime is generally business-friendly. The statutory corporate income tax rate is only 15% and is among the lowest in the EU, labour taxation is in line with the similar countries, and the overall tax burden is one of the smallest among the EU countries. Report States LITHUANIA The overview provided below focuses on the Lithuanian taxes and their aspects relevant to the real estate owners, lessees and developers and is not aimed at providing a thorough coverage of the Lithuanian taxation framework. There are no taxes on investment in Lithuania. General Information In terms of taxation, there is no difference between investments in partnerships and limited liability companies because Lithuanian partnerships are not transparent for tax purposes and, like companies, are subject to corporate income tax. In addition, permanent establishments of foreign enterprises in Lithuania are normally subject to the same tax requirements as other Lithuanian enterprises with certain exceptions (allowed deduction of administrative expenses of the head office, and etc.). A foreign enterprise has a permanent establishment in Lithuania when such enterprise: Engages in business activity in Lithuania of a permanent nature either itself or through a dependent agent, or Uses a construction site, an assembly or installation object in Lithuania, or Operates a natural resource exploration or extraction site. As mentioned previously, the most common enterprise used to invest in Lithuanian real estate is a private limited company, hereinafter referred to as a Lithuanian Property Company. No capital duty is payable on initial or subsequent capital contributions to the statutory capital of a limited liability company. Financing of a Lithuanian Property Company Acquisition of real estate in Lithuania might be financed by a mix of a loan and equity or by a loan from a bank, or equity only. In the event bank loans are chosen for financing the real estate acquisition, the interest incurred on the loan financing is generally treated as tax deductible expense, unless subject to thin capitalisation and transfer pricing rules (see below). Withholding Tax on Interest Payments Interest income derived by the foreign entities is subject to a Lithuanian withholding tax of 10%. It should be noted that under the amended provisions of the Interest & Royalties Directive (amended by the Council Directive 2004/76/ EC of 29 April 2004), Lithuania may not levy withholding taxes on payments of interest as well as royalties to the associated EU entities higher than 10% till 2008 and 5% in 2009 – 2010. In case the international treaties provide for more beneficial tax rates, the latter apply. Lithuania has concluded 44 bilateral treaty 60 Report Taxation on avoidance of double taxation. All the treaties are based on the OECD/UN model agreement and are effective with the following countries: Germany Great Britain Greece Hungary Iceland Ireland Israel Italy Kazakhstan Latvia Luxembourg Malta Moldova Netherlands Norway Poland Portugal Romania Russia Singapore Slovakia Slovenia Spain Sweden Switzerland Turkey Ukraine USA Uzbekistan LITHUANIA Armenia Azerbaijan Austria Belarus Belgium Bulgaria Canada China Croatia Czech Republic Denmark Estonia Finland France Georgia States Source: Ernst & Young Thin Capitalisation Rules Starting from 1 January 2004, the principle of ‘thin capitalisation’ is applied under Lithuanian tax legislation. Following the Lithuanian thin capitalization rules, interest on shareholder and related party loans is deductible, however, interest on controlled debt as well as currency exchange losses on controlled debt are not deductible. A controlled debt exists when there is debt to a controlling lender, and debt to equity ratio exceeds 4:1 (only the exceeding part is treated as controlled debt). The ratio is computed as of the end of the relevant tax year, but the equity does not include the result for that year. A controlling lender is one that controls, directly or indirectly, either more than 50% of the shares of the borrower alone, or more than 10% alone and more than 50% together with related persons. Members of the group of a controlling lender are also controlling lenders. If the borrower can prove that the borrowing occurred under arm’s length conditions, thin capitalisation rules will not be applied. Transfer Pricing Rules Lithuanian legislation provides for an arm’s length principle to be followed in all transactions. The State Tax Authorities have the right to adjust transaction value between associated parties and/or to describe income anew. The following methods are approved by the Ministry of Finance, and could be used for assessing the market price in transaction between associated parties: Comparable independent prices; Resale price; 61 Taxation Cost plus; Profit sharing; Net margin of the transaction. Report States LITHUANIA Lithuanian entities, which (i) under the law submit annual financial accounts and (ii) the sales proceeds of which exceed LTL 10,000,000 (approx. EUR 2,900,000) in the year prior to the year when the transaction with associated parties took place, are obliged to keep documentary evidence regarding the transaction value. The procedures for documentary evidence are similar to OECD transfer pricing guidelines. Investment into Real Estate The acquisition of real estate in Lithuania is not subject to real estate transfer tax or any stamp duties. Only ownership registration fees of a maximum of approx. EUR 2,330 are incurred. VAT The transfer of real estate is generally exempt from VAT. In the event a property purchase is executed by VAT-registered persons in Lithuania, the parties may agree that the seller would charge VAT of 18%, i.e. a taxable person has a right of option. Once taken, this option requires to be applied for 24 months to all sales of real estate to purchasers registered for VAT purposes. The law provides for several exceptions when the seller has to charge VAT of 18% in all cases, i.e. sale of buildings and structures before their commissioning or within two years following their commissioning or material improvement (so called ‘new’ buildings). No VAT is payable for the transfer of land unless the land plot is designated for the construction of buildings or is purchased along with ‘new’ buildings on it. In case the Lithuanian Property Company is not a VAT payer at the moment when it is transferred the right to dispose of the assets as owner but gets registered later, the special procedure for VAT deductibility is available. The procedure allows deducting a portion of input VAT, which reduces as the time gap between acquisition and registration extends. However, if the Lithuanian Property Company intends performing both taxable and VAT exempt activities, only a certain percentage of the input VAT incurred upon the acquisition is deductible based on the ratio of taxable sales to all sales (VAT pro-rata computation). The initial VAT deduction should be further adjusted for 10 consecutive years in case of real estate (5-years period applies for movable property). Therefore, a Lithuanian Property Company should consider registering for VAT purposes in Lithuania before acquisition of real estate in order not to trigger non-deductible VAT expenses. The procedures approved by the State Tax Authorities provide for a 15 working days period after a registration request is submitted to receive a VAT registration number. 62 Taxation Land Lease Tax Report States LITHUANIA Land lease tax is paid by individuals and enterprises leasing land from the state and amounts to 1.5% – 4% of its value per year. The council of the municipality on the territory where state plots of land are used determines the exact rate of the tax. It may also reduce the tax, or provide a relief from tax payment. Land Tax Land tax is paid by landowners. The annual tax rate amounts to 1.5% of the cadastral value of the land. Real Estate Tax on Buildings According to the Law on Real Estate Tax Lithuanian and foreign entities owning real estate located in Lithuania also individuals using real estate for business or individual activities with several exceptions or given for use by legal persons for a period longer than 1 month or for an unlimited period are obliged to pay real estate tax. The rate of the real estate tax is 0.3% – 1% of the taxable value of the real estate. The exact rate of the tax is determined by the council of the municipality of the territory where the real estate is located. Taxable value of real estate is an average market value, which, according to the type of the property, is either estimated by mass valuation, i.e. a process of valuation of similar real estate is executed and a common valuation report is presented, or, in some cases, by a recoverable value method. However, in certain cases a tax payer can apply for an individual valuation. If the value of the individually valued real estate differs from the value defined in the course of mass valuation by more than 10%, the tax payer is allowed to use the individually determined value for the real estate tax base. Both individuals and legal entities should provide an annual real estate tax return to the State Tax Authorities not later than 1 February of the next year. Only legal entities have to make advance payments equal to ¼ of annual tax amount until 31 March, 30 June and 30 September. Collective Investment – Basic Aspects The latest amendments of the Law on Collective Investment Undertakings, coming into force 1 March 2008, enables the establishment of new types of corporate real estate investment vehicles eligible to favourable tax regime under the Law on Corporate Income Tax. Since the Law on Collective Investment Undertakings does not provide for the new form of entity, Lithuanian investment company is incorporated as a joint stock company under the Lithuanian company law. However, the company is required to have a special collective investment company or closedended investment company status and license from the Lithuanian Securities Commission. 63 Report The investment company is allowed to invest into the following real estate assets: land, buildings and (or) premises constituting separate real estate objects, registered in the name of the investment company, and other tangible asters that are necessary for the operation of the real estate. These assets must consist from at least 4 separate real estate objects. Also the investment company is allowed to invest into real estate objects in development, if their development is to be finished during an acceptable timeframe. States LITHUANIA Taxation Tax Treatment at the Level of Real Estate Investment Trust Current income Capital gains Withholding tax - Investment income (e.g. rental income, capital gains upon disposal of property and shares) is tax-exempt - Dividend income or any other income from distributed profits and other business income subject to 15% profit tax - Participation exemption might apply Tax-exempt In principle creditable Tax Treatment at the Domestic Shareholder’s Level Corroprate shareholder Individual shareholder - In principle final withholding tax of 15% - Participation exemption might apply - Generally, capital gains are subject to 15% income tax - Final withholding tax of 15% - Generally, capital gains are subject to 15% income tax Withholding tax Creditable Tax Treatment at the Foreign Shareholder’s Level Corroprate shareholder Individual shareholder - Final withholding tax of 15% on dividends (may be reduced to 0%) - Capital gains are taxexempt - Final withholding tax of 15% on dividends - Capital gains are tax-exempt Withholding tax - Local participation privilege available - Treaty benefits available - Parent Subsidiary Directive applicable 64 Report Taxation States Tax Treatment of the Foreign Real Estate Investment Trust and its Domestic Shareholder Rental income shall be subject to 10% withholding tax Corporate shareholder - Dividends are subject to 15% profit tax (may be reduced to 0%) - Generally, capital gains are subject to 15% profit tax Individual shareholder - Resident income tax of 15% on dividends - Generally, capital gains are subject to 15% income tax LITHUANIA Foreign real estate investment trust Letting of Real Estate Corporate Income Tax – Basic Aspects Lithuanian Property Companies and permanent establishments of foreign companies are subject to Lithuanian corporate income tax at a rate of 15%. The tax rate of 13% is enjoyed by entities if their average number of employees does not exceed 10 and income during the financial year does not exceed LTL 500,000 (approximately EUR 145,000). Under the Law on Corporate Income Tax, the taxable income is calculated by subtracting non taxable income (e.g. after-tax dividends, revenues from revaluation of fixed assets under certain circumstances, payments received from Lithuanian insurance companies within the amount of incurred losses, etc.) from the accounting profit, taking into account non deductible expenses and deductible expenses of limited amounts. Corporate income tax base calculation: Profit before tax - Non taxable income + Non deductible expenses + Deductible expenses of limited amounts exceeding the limit + Other corporate tax increasing items - Other corporate tax reducing items = Tax base - 15 percent corporate income tax = Profit after tax Deductible expenses are allowed if they are incurred during the usual business activity, provided that documentary evidence is presented. Deductible expenses of limited amounts are allowed only if they do not exceed a certain limit and consist of the following: depreciation and amortization, business trips, representation expenses, and similar. Sponsorship expenses reduce taxable profit twice, provided it does not exceed 40% of the taxable profit. 65 Report Non deductible expenses include dividends, write-offs, revaluations, penalties, deductible expenses of limited amounts in excess of the limit, costs incurred outside of the usual business operations or inappropriately documented costs. Losses incurred in transactions with related persons may not be deducted from taxable income if the market price was not applied. Payments to tax havens may be deducted only in case the taxpayer can prove that certain conditions evidencing the economic basis of the transaction were met. States LITHUANIA Taxation Other taxes (e.g. real estate tax, etc.) are deducted from taxable income. The object of depreciation (amortization) may be a certain unit of assets or a group of identical units. These depreciation methods are applied for corporate income tax purposes: straight-line, accelerated (applicable only to certain types of assets) and production (introduced recently, rarely used, not possible for real estate). The selected depreciation method is applied to all the assets of the same type and may be changed in certain cases only. The depreciation rates depend on the useful life of the asset. Below please find the table summarizing the depreciation rates of certain groups of assets. Please be aware that the law does not restrict choosing a longer depreciation period for corporate income tax purposes. Depreciation Old (Used) buildings Groups of assets Office buildings Retail industry buildings Logistics and hotels Residential buildings New buildings (i.e. completed or renovated after 1 January 2002) Rate Straight line or decliningbalance Rate Straight line or declining-balance 15 years Straight line 8 years Straight line or declining-balance 15 years Straight line 8 years Straight line or declining-balance Straight line 8 years Straight line 20 years Straight line or declining-balance 15 years 20 years Straight line Source: Ernst & Young Land is not depreciated for tax purposes. Losses may only be claimed as tax deductible for Lithuanian corporate income tax. It is thus possible for Lithuanian companies and permanent establishments of foreign investors to carry forward losses for five years. The main exception to this rule is losses incurred as a result of disposal of securities or derivative financial instruments that are calculated separately and may be carried forward for three years by deducting them from the future gains from disposals of securities and/or derivative financial instruments. It is not possible to carry back losses in Lithuania. Entities not resident and not constituting a permanent establishment in Lithuania are subject to Lithuanian corporate income tax at a rate of 10% on rent and lease payments. 66 Taxation Individual Income Tax Report States LITHUANIA Income from the lease of real estate located in Lithuania derived by either Lithuanian residents or non-resident individuals is treated as income sourced in Lithuania and taxed at a rate of 15%. On the other hand, if a Lithuanian resident exercises individual activities of real estate lease, income derived from lease is also taxed at a rate of 15%, or 24% if deductible expenses are made. VAT Letting and leasing of real estate is generally VAT exempt. However, VAT is payable with regard to the provision of accommodation in hotels, motels, and camping sites or in sectors with a similar function and letting or leasing of residential premises for two months or less. VAT also applies to letting of permanently installed equipment as well as lots, garages or other sites for parking or keeping of any kind of vehicles. However, a VAT-registered person has a right of option for charging 18% VAT on the letting or leasing of real estate, which is generally exempt from VAT, but only in the case where the property is let or leased to other VAT-registered persons. Once taken, this option applies for 24 months to all lettings or leases granted by the same VAT payer to all tenants registered for VAT purposes. The VAT payer should inform the State Tax Authorities on this option in accordance with the procedure approved by the State Tax Authorities. Charging VAT on lease of real estate is a normal practice in Lithuania, if leased to a VAT-registered person, and secures input VAT deduction. On the other hand, in the case where the real estate is let or leased to a person, who is not registered for VAT purposes (e.g. individuals), the VAT payer has no right to charge 18% of VAT. Moreover, it should be noted that a Lithuanian Property Company registered as a VAT payer should document a supply of goods and services, including letting or leasing or real estate, with a VAT invoice. A VAT invoice must be issued without delay upon the supply of goods or services; however, in cases of long-term services, i.e. services, which are supplied over a certain continuous period (letting, telecommunications, etc.) as well as in cases of long-term supply of electricity, gas, heating and other types of energy, a VAT invoice may be issued for the whole amount of services rendered or goods supplied throughout the month. A VAT invoice should be issued not later than by the 10th day of the month following the month, during which the services or goods were supplied. The taxable event shall be the moment when the invoice was issued. 67 Report Taxation States Tax Incentives LITHUANIA Tax incentives are a normal practice in the countries of the Central Europe for attracting foreign investors. Different forms of tax incentives are usually provided: Reduction of taxable income Reduction of tax rate Tax relief for a certain period Tax Incentives Country General incentives Free economic zones No land, real estate taxes Lithuania Application of favourable depreciation methods Municipality has a right to reduce / waive land and real estate taxes No corporate tax for the first 6 years 50% reduction of corporate tax for the next 10 years Extensive 0% VAT application Latvia Double rate of depreciation of fixed assets with regressive method is allowed for tax purposes. Depreciation amount increasing coefficients with respect to new production technology equipment. Tax losses can be carried within the group 80% reduction of corporate tax or property tax for companies in free economic zones In some cases wider 0% VAT application possible Estonia No special incentives applied. Resident companies and permanent establishments of non-resident companies do not have to pay corporate income tax upon profits retained. Extensive 0% VAT application in free zone and free warehouse Source: Ernst & Young In Lithuania, there are two free economic zones – in Klaipëda and Kaunas, where tax incentives apply for local and foreign investors. Klaipëda Free Economic Zone is an area occupying 205 hectares located in a strategic position of the city of Klaipëda (3 km from the port of Klaipëda). The first development stage covers 85 hectares and has all essential infrastructures in place. At present, Kaunas Free Economic Zone, covering 534 hectares, is developing rapidly. 68 Taxation Sale of Real Estate Report States Capital Gains LITHUANIA A non-resident company selling real estate in Lithuania is liable for corporate income tax at a rate of 10%. The tax is levied on income without taking expenses into account. Afterwards a non-resident company may apply to the Lithuanian State Tax Authorities for recalculation of tax on capital gains taking into account the acquisition value of the real estate. This provision is applicable only in case a non-resident company sold real estate to a permanent Lithuanian resident, a Lithuanian enterprise or permanent establishment. A Lithuanian Property Company and a permanent establishment of a foreign company are subject to a standard corporate income tax of 15% or 13% for capital gains on the sale of real estate. Capital gains and losses are calculated by subtracting the acquisition costs and related expenses from sales proceeds. Gain (loss) received from all sources other than transfer of securities and derivative financial instruments are viewed as operating profit or loss. Gain (loss) from transfer of securities and derivative financial instruments constitutes a different tax base, although the tax rate is the same. Capital gains on the sale of shares of the company registered in an EEA country or another tax treaty country, however, may be exempt from tax if all the following conditions have been met: Shares have been held for at least 2 years; At least 25% of the company’s shares have been held throughout that period. Individual Income Tax In case a piece of real estate was held in ownership for three years after its acquisition, capital gains from the real estate sale are not taxed at all, except in cases when a person engages in individual activities. In other cases the capital gains derived by an individual, either resident or non-resident in Lithuania, from the disposal of the real estate are taxed at a rate of 15%. In case a buyer of the real estate is a Lithuanian enterprise or a permanent establishment of a foreign enterprise, the buyer has to withhold the individual income tax from the total purchase price and transfer it to the state budget. In such a case the seller has the right to apply to the State Tax Authorities for an adjustment of income tax on the property sold, i.e. to have income tax adjusted by deducting the expenses from the proceeds derived. Income tax is adjusted where supporting documents are produced in respect of such expenses. VAT The transfer of real estate is generally exempt from VAT. However, the Lithuanian Law on VAT provides that the sale of ‘new’ buildings and structures or their sections is not exempt from VAT and is taxed at an 18% VAT rate. It is considered that: A new building or structure is a building or structure prior to its commissioning, also a commissioned building or structure for a period of 24 months following its commissioning or following its material improvement; A new section of a building or structure is a section of a new building or 69 Taxation structure, as well as a newly built section of an old building or structure – for a period of 24 months following its commissioning. Report States LITHUANIA However, a VAT-registered person has a right of option for charging 18% VAT on sale of real estate, which is generally exempt from VAT. This option can be enjoyed in the case the property is sold to a VAT-registered person in Lithuania. Once taken, this option requires to be applied for 24 months to all sales of real estate to purchasers registered for VAT purposes. The transfer of land is also generally VAT exempt, unless the land is considered as a land under ‘new’ buildings or aimed for development. The land falling under the above exception is subject to 18% VAT. In case real estate is sold without VAT, the obligation of adjusting the initial VAT deduction should be considered, i.e. VAT deduction must be adjusted in the VAT return by increasing the amount of the VAT payable into the budget accordingly or reducing the VAT amount refundable from the budget by the deducted portion of the input VAT attributable to the period remaining until the end of the time set for adjustment of VAT deduction (i.e. 10 years for real estate). Profit Repatriation Taxation of Dividends According to the Law on Companies, dividends can be distributed within one month after the distribution of profit by the General Shareholders’ Meeting. The General Shareholders’ Meeting should be convened within 4 months after the end of a financial year. It is prohibited by the Law to pay dividends in advance. Although cash funds accumulated at the Lithuanian Property Company could be sufficient to repatriate profit to the holding company, under the Law on Companies, dividends can be distributed only if the profit for distribution (after statutory reserves are formed) is positive. Lithuania levies a 15% withholding tax on dividend distributions both to Lithuanian and foreign shareholders. Following participation exemption rules, withholding tax on dividend distributions does not apply if the foreign shareholder holds an investment of more than 10% in the Lithuanian Property Company for at least twelve consecutive months and the profit distributed is taxed at a standard rate of corporate income tax. Withholding tax at a rate of 15% also applies for the dividends received by individuals, residents or non-residents of Lithuania. The tax should be calculated, withheld and paid to the budget by the Lithuanian Property Company. 70 Taxation Liquidation and Return of Capital Report States LITHUANIA In the event the enterprise in liquidation transfers assets to its shareholders, this type of distribution is treated as a sale of assets at their market value. Therefore, the shareholder is taxed 15% on the capital gains, which are calculated as the market value of assets less the acquisition value of shares. On the other hand, cash transferred to the shareholders as a result of a decrease in authorised share capital is treated as a distribution of profits, i.e. dividend payment, to the extent when such payment exceeds monetary and non-monetary contributions into a Lithuanian enterprise. Sale of Shares in a Lithuanian Property Company Any disposal of shares of a Lithuanian company by a non-resident individual or a foreign company does not fall within the scope of income sourced in Lithuania and consequently is exempt from taxation under Lithuanian tax legislation. Income tax on a capital gain, derived from the sale of shares by an individual resident of Lithuania is taxed at a rate of 15%, with the exception of (i) shares acquired before 1 January 1999, or (ii) shares held for more than 366 days, if the individual was a minor shareholder (holding not more than 10 % of the corporation’s shares) during three years prior to a tax year when the shares are sold. Since 1 January 2007 capital gains on the transfer of the shares of the company subject to profit or similar tax and established in a state of the European Economic Area or a state that concluded and applies a treaty on the avoidance of double taxation with Lithuania are tax exempt provided that the Lithuanian company transferring shares held more than 25% of shares for not less than 2 years. This amendment to the Lithuanian tax legislation is aimed at stimulating the establishment of holding companies in Lithuania. 71 Report States Office Market After the independence, all three Baltic countries have experienced rapid development in a number of economic areas. The office market development began simultaneously in all three countries by transforming former apartments in the downtown locations into the office space. As the combined area of the Riga Old Town and the city centre is comparably larger than those in Vilnius and Tallinn, the initial base of the market formation was different and had a major impact on further developments. Until quite recently, most of the Riga office market was represented by old type renovated offices located in the Old Town and downtown areas of Riga, as well as old-type reconstructed industrial buildings remodelled for office-use located outside the city centre. Report States Supply and Demand Currently only a few operating office buildings in Riga can be attributed to the A-class office segment – Valdemara Business Centre, located in the downtown, and some years ago built office building Saules Akmens, located on the left side of the river Daugava in Kipsala. Due to location, outdated interior installations, layout of premises, and parking facilities, the majority part of the offices in Riga can be attributed to either B+ or B-class premises. As of today the total stock of modern premium and high class offices in Riga is close to 400,000 sq. m. LATVIA The major demand today is for a high quality product such as modern premises with an advantageous location, preferably in the city centre, with good parking possibilities as a mandatory requirement. In terms of the professional and overall building management system, the situation lately has improved – most of new office buildings are operated by professional real estate management companies however large part of offices (mostly those previously built) still are operated by the owners or developers themselves. Large companies requiring more than 500 sq. m now tend to have premises built-to-suit, as most of the office premises within the Riga office market have outdated interiors, including a lot of corridor space and small offices. Because of the strict regulations of the Cultural Heritage protection institutions, the reconstruction and remodelling of buildings located in Riga’s downtown are almost impossible. Another problem is parking space, which is very limited in central Riga and causes a real problem for both the tenants and their clients. Today, prices range from 50 to 150 EUR per month for a single parking place, which is not necessarily located next to the entrance of the office building. The above factors are major reasons for relocation of large companies outside the city centre to the built-for-suit premises. Unibanka, Krajbanka and Hansabanka office buildings could be good examples of the practice. 73 Report Office Market States Main Office Buildings (over 10,000 sq. m) in Riga Location Total Area, sq. m Saules Akmens Office Name Balasta Dambis 1 38,000 Barona kvartâls Cçsu Str. 31 30,000 Mukusalas Str. 41, 41b 22,000 Mukusala Business Centre RD Centrs Maskavas Str. 240 18,000 Brîvîbas Str. 149/151 13,000 Valdo Office Centre Bauskas Str. 58a 12,000 Valdemara Business Centre Valdemâra Str. 21 12,000 Ropaþu Str. 6 10,800 Skanstes Str. 13 Unicentrs, Riga region, Kekava district 10,000 Ziemeïu Vârti LMT office building Office building Unibanka office building The coming years 2008 2010 will be very active in the office segment, as many office projects are announced and shall be delivered to the market during this period. 10,000 Source: KOBA Nearly 100,000 sq. m. of modern office space were delivered in 2007. Unity Business Center, Duntes Bijori, Duntes Nami, Latvijas Krâjbanka administrative buildings are among the major newly delivered office buildings in 2007. Pipeline Projects LATVIA The coming years 2008 - 2010 will be very active in the office segment, as many office projects are announced and shall be delivered to the market during this period. However, it has to be kept in mind that due to the tightened credit policy of banks and current economic situation in Latvia promises of developers might not be fulfilled as expected. Main Office Pipeline Projects in Riga Project Name Location Planned Delivery Date Z-Towers Daugavgrîvas Str. 9/11 2008 Upmalas Offices Bauskas/ Mûkusalas 2008 Rietumu Capital Centre Vesetas Str. 7 2008 Berzins Office Building Mûkusalas Str. 41B 2008 Business Centre 224 Brîvîbas Str. 224 2008 SWH Business Centre Skanstes Str. 13 2008 Office Centre Katlakalna Str. 9 2008 Renovated Offices Zemitânu Str. 6 2008 Forburga Office Centre Ûnijas Str. 8 2008 Dzelzavas offices Ulbrokas/ Dzelzavas Str. 2008 Office building Gunâra Astras Str. 1c 2008 Magnat Business Centre Renovated offices Valdemâra pasâþa Business centre Ganîbu dambis Helio - II Daugavgrîvas Str. 83/89 2008 A.Briâna Str. 9 2008 Ganîbu dambis 31 2009 Territory of Riga Airport 2009 Alojas Business Centre Valdemâra Str. 62 2009 Mûkusalas Office centre Mûkusalas Str. 72a N/D Renovated offices VEF Brîvîbas Str. 214, 214b N/D Office Centre TOMO Raunas Str. 44b N/D Source: KOBA 74 Office Market In general, the clustering in the Riga office market has not been observed until now, but we can clearly identify areas with most of the developments concentrated. One of the fastest developing new office areas is Skanstes Str. and its immediate surroundings. The street is very close to downtown, with good access possibilities and a great potential for development. This area resembles the recent developments on Krasta Str., which rapidly has changed from green area into an active retail/ business district and continues to attract new developments. Due to its excellent location (proximity to the city centre and good accessibility) Krasta Str. is now experiencing a second wave of development. Some years ago new shops were built here, and now new office buildings are being developed as well. Ulmaña Str. should also be mentioned as an area that primarily attracts modern built-to-suit or owner-occupied premises. Report States Despite a significant increase of modern office premises over the last few years as well as the future projects mentioned above, the supply of desired office space is still not sufficient enough. LATVIA Other promising areas are located on the opposite side of the river Daugava in Kipsala and Kliversala. A development of seven new multi-storey buildings within the next few years is planned near the Hansabanka office (Saules Akmens) and the existing old building of Presses Nams. In approximately two-to-three years Da Vinci complex consisting of 25-to-27-storey residential buildings linked to the three (3-storey) office and retail buildings will be opened. The so-called Z-Torñi, a project consisting of two separate towerbuildings with a total rentable area of around 100,000 sq. m, will be located near Zunda Channel. The highest of the towers (120 m) will provide A-class office premises, while the other will be given over to a high class hotel. Another office building in this area is planned to be built on the corner of Balasta Dambis and Ranka Dambis. Smaller companies with no need to be centrally located tend to move out of Riga downtown. Most popular directions are Purvciems, Pïavnieki (north-east of Riga) for example Ulbrokas street, also Íekava, Mârupe, Ulbroka, Olaine parish. It is common that such office premises are planned together with industrial/ warehouse premises. Rents and Vacancy Despite a significant increase of modern office premises over the last few years as well as the future projects mentioned above, the supply of desired office space is still not sufficient enough. This is reflected on the rental levels, which are among the highest in the Baltics. Currently, A-class premises are rented from 20 up to 25 EUR/sq. m/month, B-class premises from 15 up to 18 EUR/sq. m/month. As the supply of new modern premises in advantageous locations with good parking facilities at the moment remains limited whilst the demand for such premises is constantly growing, vacancy in the above-described offices is almost non-existent. On the other hand, vacancy is a common thing in old style offices where rents are comparably overestimated, and it can even reach more than 10 % of the building’s area. Rent reduction almost always means decreasing vacancies in all office buildings. However, owners sometimes tend to keep vacant premises rather than reduce the rent. 75 Office Market Report States Office Market Expectations Significant increase in supply will be recorded in 2008-2010 in Riga. Office clustering in the certain areas of Riga will appear. Rents of high-class premises in the nearest future will remain stable. Vacancy level in the modern premises will remain low. Rental levels and occupancy in low quality premises will decrease. LATVIA 76 Retail Market Impressive economic growth of Latvia, increasing real income and growth of private consumption strengthened domestic demand and provided a boost to the retail market. Most active central streets with large pedestrian flows are overly used by fashion retailers, while less active streets are providing space for different service providers - travel agents, real estate companies, cafes and restaurants, etc. Report States Riga, being an industrial, political and cultural centre of Latvia, inhabits more than 722,000 residents, or more than 1/3 of total countries’ population. This makes the focus of retail to be in Riga, where unemployment level is the lowest, and consumer spending power is relatively the highest in the country. Latvian retail market can be classified into high streets, shopping centres and super/hypermarkets, in addition to which a new for Latvian market concept - retail park/shopping park - is coming with the new retail projects. Retail Streets in Riga LATVIA Traditionally, Riga’s major retail streets are located in or near the Old Town and the city centre. Most active retail areas in the downtown of Riga are located on Terbatas and Barona streets between Elizabetes, Lacplesa and Gertrudes streets. Because of insufficient supply of retail premises on the most demanded retail streets, the active retail area continues to shift further to Stabu and Matisa streets. Valnu, Kalku and Audeju streets are considered to be the busiest and the most demanded retail area in the Old Town. The Old Town retailing is featured by retail streets mostly exclusively traffic-free. Entrance for cars to the Old Town is charged. Parking is also a severe problem in the Old Town as well as in the city centre and is charged. Moreover, the Old Town has its limitations, with only a few shops able to offer spacious premises suitable for retail, although undergoing reconstruction of the old buildings for commercial purposes can be observed. Due to these factors the demand for retail premises in shopping centres remains high and vacancy rate in shopping centres almost equals to zero percent. Despite impressively increased rent levels during 2007, which hit rent level of 90 EUR/sq. m/month (70 – 75 EUR/sq. m/month on average) for retail premises on the busiest retail streets, international retailers still chose to open their flagship stores in prime locations on high streets. This year NewYorker opened their flagship store on Kalku Street in the Old Town and Hugo Boss – on Terbatas Street. International brands like Mango, ZARA, Esprit, Max Mara, Emporio Armani and Gerry Weber keep open their outlets on Barona, Brivibas, Elizabetes and Terbatas streets, as well as look for retail space in well chosen shopping centres proved to be successful in the Riga retail market (ZARA opened in Spice and Alfa, Hugo Boss Orange – in Domina Shopping). However a number of well known international brands still cannot enter Latvian market due to insufficient supply of appropriate retail space. 77 Report Retail Market States Rents a Hanzas iel Ha nz Dz as ie la im ie ta Lâ èp iz et es ða ie ta i Br la ie as b vi ESPLANADE pa ka bu lv rb ar is Tç s Terbata K. as bu M . as tm a âr Ja a Satekles as LATVIA a iet ij ar M a iet nv al ta ie a lv u Kr a rij a on r Ba s Au ng km A s en s K a .B zij u jò pa As Va Ku ju dç na ro Vermanes darzs VECRIGA t til ta ie s a at ta s ie ete s zab abete Eliz iela tilts iç Eli orta p Eks šu Van Va K. a Ka l ar m e ld ab Br KRONVALDA îv El ta tes ieta ie Elizabe as u îb av G og oj a 30-50 EUR / sq. m / month 20-35 EUR / sq. m / month 15-25 EUR / sq. m / month Streets Barona, Terbatas (central part of Riga) Brivibas, Dzirnavu, Gertrudes, Stabu, Lacplesa Smilsu, Grecinieku (Old Town) Audeju, Kalku, Valnu, Aspazijas (Old Town) Rent (EUR / sq. m / month 35-70 20-60 25-50 45-90 Source: KOBA Shopping Centres in Riga Currently the most successful shopping centres in Riga are considered to be Alfa, Mols, Domina Shopping and Spice. 78 Report Retail Market States Major Shopping Centres and Department Stores in Riga Name Alfa Retail Park Domina Shopping Spice Origo Mols Galerija Centrs SPICE Design & Furniture Centre Location Owner Total Area, sq. m* Brivibas Str. 372 Linstow 63,000 Ieriku Str. 3 KanAm Grundinvest Fonds (2007) 42,000* Lielirbes Str. 29 Stacijas Laukums 2 Krasta Str. 46 Merks 50,000 Linstow 35,000 Linstow 33,000 Audeju Str. 16 Linstow 32,000 Lielirbes Str. 29 Merks 27,000* Galerija Azur Rencenu Str. 1 SKY&MORE Stockmann (department store) Duntes Str. 19a Baltic Property Trust Austrian Mainl European Fund Skai Baltija 13 Janvara Str. 8 Stockmann Olympia Azenes Str. 5 Due to the undersupply of retail space as well as rising competition, operating shopping centres look for further expansion possibilities. 25,000 25,000 16,000 14,000 LATVIA *-total retail area Source: KOBA Despite modern shopping centres have been a recent addition into the Riga market, some have already undergone extension schemes. In 2004, two major extensions happened in Alfa and Domina Shopping centres. Other popular shopping centres in Riga are Galerija Centrs (opened after reconstruction and enlargement in August 2006), Origo and Mols. Spice shopping centre (located close to Riga Airport) after its extensions proved itself successful in Riga retail market as well. Due to the undersupply of retail space as well as rising competition, operating shopping centres look for further expansion possibilities. Alfa Retail Park is undergoing another extension of 7,000 sq. m of retail space to be added to the existing retail area. News has been recently announced about development of a new commercial project with offices and retail space which might be connected to Origo shopping centre as extension. The project is announced to be developed instead of the former Post Office on Stacijas Laukums. 79 Report Retail Market States Main Pipeline Projects in Riga Project Name Opening Date Location Total Area, sq. m 2008 Brivibas Str. 372 7,000 Alfa Retail Park (Extension) Riga Plaza 2009 Mukusalas Str. 71 67,000 Alfa Home Centre 2009 Brivibas Str. 372 25,000 CUBE City 2009 Ieriku Str. 5 Akropole 2010 Daugavgrîvas Blaumana / Dzirnavu 2010 Str. Babite, Jurmala 2010 – 2014 Road N/D Stacijas Str. 1 Galleria Riga Riga Retail Park Origo (Extension) 25,500 40,000* 50,000 60,500* N/D * - retail and entertainment area Source: KOBA LATVIA It is expected that the pipeline of new retail projects will bring new well-known international brands into the Latvian market. One of the projects is Riga Plaza (developed by Plaza Centers NV), which is planned to be opened in 2009. Besides, the Lithuanian VP Market Group is planning to build Akropole shopping centre in Riga. Retail competition on the Riga high streets will be highly increased by a new shopping centre Galleria Riga (developed by Patollo SIA) being constructed between Dzirnavu and Blaumana streets in the very centre of the Riga downtown. Akropole and Galleria Riga projects are expected to be completed in 2010. Linstow Centre Development (LCD) plans to build Riga Retail Park, with the total area of 250,000 sq. m (including 60,500 sq. m retail area) in several stages within 2010-2014. Due to its volumes, location and concept, it is expected that the centre will attract strong local and well-known international retail operators. Development of Shopping Centres in Riga 700 thous. sq. m 600 500 400 300 200 100 0 1998 2000 2002 New deliveries 2004 2006 2008 F 2010 F Stock, beginning of year Source: KOBA 80 Report Retail Market States Super/Hypermarkets and DIY in Riga In general, shopping centres tend to be anchored by large super/hypermarkets, several of them being owned by supermarket operators. The food retail market in Riga and Latvia in general is fairly concentrated; still there are only two major players in the market namely Rimi Baltic SIA and MAXIMA Latvia SIA. Both of the above have equally strong positions in the food retail market in Riga and other major cities of Latvia. In the beginning of 2008, Rimi Baltic SIA operated 215 shops in the Baltics, including 94 in Latvia. At the same time VP Market was operating 384 shops (under the Maxima XXX, Maxima XX, and Maxima X names) in the Baltics, 121 of them in Latvia. Both retailers are planning further expansion of their shops in Riga and throughout Latvia in 2008. Elvi, Beta, Mego, Nelda shall be mentioned as major Latvian retail chains however their position in Riga is comparably weaker. Picture is different in small cities and countryside – very often above-mentioned Latvian retail chains are really successful there mostly because of no other choice available. LATVIA The Finnish Prisma entered Latvian market in 2006, opening their first shop in Domina Shopping Centre. In the nearest future more competition shall be brought to the market as entrance of new player is expected – the grocery store A-Selver to be developed by Selver Latvia SIA, the daughter company of Estonian company Tallinna Kaubamaja, has announced their entry in the Latvian food market. A-Selver plans to open at least fifteen super or hypermarket format stores in Latvia by the end of 2009. DIY retail market is also very actively expanding in Latvia. The major players in this segment are the Finnish company Rautakesko, Depo DIY, and the local Latvian concepts developed by Nelss, Tirdzniecîbas Nams Kurši and Profs Latvija. Currently, the DIY segment is at the same level the food retailers were a number of years ago, marked by recent expansion outside the capital into other Latvian regions and cities. Rents and Vacancy While all shopping centres differ in their size, location, anchor tenants or general concept, the average rent is quite comparable. Average Rent in the Main Shopping Centres (EUR/sq. m/month) Size, sq. m Rent < 40 50-120 130250 260500 500 > Hypermarket 60 35 30 25 18 10 Source: KOBA Vacancy levels in the popular shopping centres and central retail streets are close to zero, however, in the future, some not so successful retail units may experience certain vacancy levels when new retail schemes will be delivered to the market. 81 Retail Market Report States Retail Market Expectations In two-three years retail market will welcome significant number of new projects; this will increase competition in the whole segment. Stable rents may slightly increase in the most popular shopping centres and retail streets until new projects are delivered. More new brands, most on franchise basis, will appear in the market. Vacancy rates will grow in less popular shopping centres as well as in retail streets with overestimated rents. In order to attract more customers existing shopping centres will adopt new functions – leisure activities and entertainment. Secondary towns of Latvia like Liepaja, Daugavpils, Ventspils, Jelgava and others will receive more interest from the developers. LATVIA 82 Report Warehouse/Industrial Market The development of industrial property market in Latvia has been rather slow and supply of modern industrial/ warehouse premises has been insignificant until 2006. After Latvia’s accession to the EU, demand for modern warehouse facilities started to grow and deficit of modern industrial and warehouse premises became obvious. As of today demand continues to increase therefore segment of industrial and warehouse premises is considered to be a prospective one. States Due to shortage of supply, a number of companies have developed built-tosuit industrial / warehouse premises for their needs. The current situation in Latvia’s industrial market is poor, since the largest amount of existing industrial premises represents buildings that do not correspond to international standards, nor meet minimal quality standards. Most existing industrial premises are located in old industrial buildings and factories from Soviet-times insolvent manufacturing territories or complexes. Due to shortage of supply, a number of companies have developed built-tosuit industrial/ warehouse premises for their needs. Good examples are DHL, Onninen, TNT, GNT that already opened their logistic/ office premises in the rural municipality of Mârupe, not far from the Riga International Airport. Similar situation is in almost all municipalities surrounding Riga city namely Babîte, Olaine, Âdaþi, Salaspils, Stopini and Kekava. Main Industrial Projects in Latvia Area, ha Dominante Industrial Park 65 Ritausmas Logistics Centre 50 Location Kekava parish, Riga county Riga Type Eirkel Business Park 49 Jelgava Liepaja Kara Osta Industrial Park 42 Liepaja G/B Rimi Logistics Centre 36 Dreilini, Riga Greenfield Daugavpils Business Park 30 Daugavpils Brownfield T & Industrial Park 25 Liepaja G/B NP Jelgava Business Park 23 Jelgava Brownfield Rîga Industrial Park 20 Greenfield VP Market Logistics Centre 20 BIWC 17 Greenfield Brownfield Greenfield Granîta str. Industrial Park 15.5 Rîga Kekava parish, Riga county Olaine parish, Riga county Riga Avers Logistics Centre 12.5 Riga Greenfield Nordic Industrial Park 14 Riga Brownfield NP Business Centre 8.5 Riga Brownfield Nordic Technology Park 7.5 Riga Brownfield Industrial Park 7.3 Brownfield Wellman Logistics Centre 6.2 Tukums Salaspils parish, Riga county 5 Riga Brownfield 3.1 Ogre Brownfield Riga Free-Port Industrial Park Vega Business Park SIVA Baltic Industrial Park Greenfield Brownfield G/B Greenfield 3 Riga Brownfield Jekabpils Sawmill Business Park 2.1 Jekabpils Brownfield DHL Distribution Centre 0.9 Riga Greenfield Source: KOBA LATVIA Project Name 83 Warehouse/Industrial Market In general, the tendency for warehousing or logistics companies is to move further from the city due to persistent traffic problems, constantly rising land prices and lack of suitable land plots. The most preferred locations for new industrial developments are out of town locations up to 20 - 30 km away from the Riga city centre with an easy access by roads of national and international importance. Besides that demand is increasing for the warehouse, retail and office premises combined in one building. As of today, most demanded are 800 – 1,500 sq. m warehouse premises with office facilities attached to them. This demand has arisen due to limited supply of specific industrial premises, development of which is not economically reasonable for the developers. At the same time large international companies require logistics premises in the size of 10,000 – 15,000 sq. m. The major requirements of potential tenants are good location, access and infrastructure – roads and communications. In addition, the requirements concerning quality of the premises and the range and quality of services offered by developers and managers are increasing. Report States Rents LATVIA Rent levels of modern high class warehouses in Riga and its suburb areas currently vary from 5 to 6.5 EUR/sq. m/month and are not expected to increase significantly. However, there are some exceptional new project developments in Riga setting higher monthly rent payments: 7 – 9 EUR/sq. m, but we expect them to stabilize in a long term perspective. Average rent levels for warehouse facilities matching lower class requirements currently are in the range of 1.5 – 5 EUR/sq. m/month. Pipeline Projects There are currently several industrial park projects in Latvia being at different stages of development. Several new projects are being actively planned near Riga. It is expected that by the end of 2008, supply for prime industrial space will increase by approximately 150,000 sq. m. 84 Report Warehouse/Industrial Market Main Industrial Pipeline Projects Project Name Container Logistics Centre Bauska Industrial and Logistics Park Airport Business Park Dommo Business Park NP Industrial Village NP Ventspils Business Park Mersraga Industrial Park Kekava Logistics Park NP Salaspils Business park Area, ha Location Type Year of opening 160 Jekabpils Brownfield 2008 60 Bauska Greenfield N/D 60 Riga Greenfield 2008/2010 Greenfield 2007/2008 Greenfield 2007/2009 Greenfield 2010 G/B N/D 2008 Greenfield N/D 54 Olaine, Riga county Riga 36 Ventspils 54 30 13 12.5 Mçrsrags, Talsu region Kekava parish, Riga county Salaspils parish, Riga county Logistics Centre Berìi Spilves str. Industrial Park Saliena Service and Light Industry park 12 Riga Greenfield 2008 11.5 Riga G/B N/D Greenfield N/D NP Rezekne Business Park 7.3 Greenfield 2006/2009 Elipse - BLC SRV Logistics Centre Business Park Eva Logistics Centre 10 Pinki parish, Riga county Veremu parish, Rezekne county 6 Riga Greenfield 2008 5.5 Kekava parish, Riga county Greenfield 2008 4 Riga Greenfield 2007/2008 2.4 Marupe parish, Riga region Greenfield 2008 LATVIA States Source: KOBA Warehouse/Industrial Market Expectations More modern premises will be developed 20-30 km away from Riga city. Stable rents of modern premises will remain. Rents for low standard old type premises will decrease when new projects will be delivered. Low vacancy in modern premises will remain. More “sale and lease-back” transactions will appear in this segment. 85 Report Thanks to its geographical location near the Baltic Sea as well as its importance as a centre for trade, finance and culture, Riga has all the prerequisites for tourism and business development. The number of visitors to Latvia and Riga in particular is increasing annually. Latvia, like other Baltic countries, is becoming a more popular place for both tourism and business, notably after the EU accession. In comparison with the third quarter of 2006, the number of visitors in hotels and other collective accommodation establishments in the third quarter of 2007 increased by 9% and have reached 544.3 thousand people, according to Central Statistical Bureau of Latvia. 39% of visitors were residents of Latvia and 61% foreign tourists. The highest share of the Latvia residents stayed in Riga – 25%, Ventspils – 11% and Riga district – 8%. 66% of foreign tourists stayed in hotels and other accommodation establishments in Riga. 13% of all foreign tourists stayed in collective accommodation establishments in Jurmala. The highest rate of visitors were from Germany – 16.9%, Lithuania – 11.0%, Finland – 8.6%, Estonia – 8.3%, Russia – 6.5%, Sweden – 6.2%, Great Britain – 5.7% and Norway – 5.7%. Due to the increasing number of tourists and business travellers, hotels and short-term places are still demanded. Currently the hotel industry is experiencing intensive growth. Most of the hotels are located in Riga and other major Latvian cities. States Latvia, like other Baltic countries, is becoming a more popular place for both tourism and business, notably after the EU accession. LATVIA Hotel Market Hotels and Other Tourist Accommodation Establishments in Latvia (at the end of year) Accommodation establishmentss) 2002 2003 2004 2005 2006 TOTAL 297 326 343 418 393 Hotels, spa hotels and motels 134 151 161 181 175 109 120 129 149 147 ..Of which hotels Number of beds TOTAL 19093 18970 22171 24045 24469 Hotels, spa hotels and motels ..Of which hotels 12164 13004 15851 16439 16772 9733 10182 12905 14085 14696 Source: Central Statistical Bureau of Latvia In terms of hotel classification, in the beginning of 2008, Riga’s hotels were classified as follows: Hotels Qualification in Riga ***** * ** *** *** ** * ***** **** **** Source: Latvian Hotel and Restaurant Association 86 Report Hotel Market In Riga and its neighbourhoods there are five 5* hotels successfully operating namely Hotel de Rome, Hotel Grand Palace, Reval Hotel Rîdzene, Radisson SAS Daugava and Baltic Beach Hotel in Jurmala. States Europa Royale Hotel Riga and Hotel Valdemars, both located in the central part of Riga, Hotel Europa City Riga, located outside the central area on Brîvîbas street and Islande Hotel, located in Kipsala, were all opened in 2006. In the first half of 2007, there were some significant openings in the Riga hotel market as well – 4* Avalon hotel on Kaleju Street (111 rooms), Bura Hotel on Blasta dambis, Hanza Hotel on Elijas Street (81 room), and Gallery Park Hotel on Kr. Valdemara Street welcomed first guests. Until today the Riga hotel market is missing worldwide hotel chains such as Holiday Inn, Hilton, Marriot, Scandic, etc. Last year market received news of two new worldwide famous hotel brands planning to enter Riga’s hotel market. Hyatt Regency Riga – Tango Square hotel belonging to the prestigious international 5* hotel chain Hyatt is being developed as a part of Tango project and is centrally located on Dzirnavu Street in Riga. Other major news regards the announcement of Z-Towers developer which has concluded agreement with Starwood Hotel & Resorts Worldwide - as a manager of Sheraton Riga Hotel (312 rooms) to be located in Íîpsala on Daugavgrîvas Str. 9. Project Name/Address Category Number of Rooms Opening Date 3* 160 2008 Kalnciema Str. 90 Reval Hotel Elizabete 4* 228 2008 N/D 111 2008 Nordic Hotel Bellevue Riga 3* 112 2009 Hyatt Regency Riga 5* 165 2009 Sheraton Riga Hotel N/D 312 2010 Lido Hotel N/D N/D 2013 Dodo Hotels LATVIA Main Hotel Pipeline Projects in Riga Source: KOBA Room Prices and Occupancy Average Hotel Room Price in Riga (EUR/room /night) Category Single Double 5* 150 165 4* 90 120 3* 68 80 Source: KOBA In Latvia, hotel room occupancy rate at the end of September 2007 reached 54% and bed occupancy rate – 42%, whereas in Riga hotel room occupancy rate was 68% and bed occupancy rate 53% respectively. 87 Report Hotel Market States Room Occupancy in Latvia, 2004-2007 80 70 60 50 % 40 30 20 10 0 I II III IV 2004 V VI VII VIII IX X XI 2006 2005 XII 2007 Source: Central Statistical Bureau of Latvia Room Occupancy in Latvia and Riga in 2007 (I-IX) 90 80 70 % LATVIA 60 50 40 30 20 10 0 I II III IV V Latvia VI VII VIII IX Riga Source: Central Statistical Bureau of Latvia Hotel Market Expectations Number of local and foreign tourists, staying in the hotels, will continuously grow. Together with growing number of hotels, competition will sharpen as well; this will lead to higher level of services and prevent room rates from increase. More SPA services, conference facilities and other activities will be offered by hotels’ operators to keep occupancy higher throughout the whole year, especially in the hotels, located on the Baltic Sea coast. 88 Investment Market As in other Baltic States, during past few years Latvian investment market was interesting to various types of investors. Part of the investments has been related to development activity, interest in cash-flow transactions has recently increased as well. However, the amount of accomplished transactions has been rather small, mainly due to the lack of attractive investment opportunities for sale, and the fact that owners-developers are generally more interested in rent income than selling the property. Report States The yields of finalized investment deals in 2007 were in the range of 5.5 – 7%. In 2007, there were several investment transactions in the market. One of the major ones was sale of Domina Shopping centre (total area 110,000 sq. m, 42,000 sq. m of retail area and about 4,000 sq. m of office space.) to KanAm Grundinvest Fund. Galeria Riga (to be built in 2009) was sold (55% stake) to Dawnay Day Carpathian PLC. The largest office transaction in Latvia (and in the Baltics as well) was sale and lease back of SEB bank portfolio to Homburg Invest Inc. for EUR 197 mln. Jerusalemes Nami (7,500 sq. m) office premises were sold to AVEC Baltic Property Fund. It is expected that a few more similar deals will be executed over the next few years. However, it seems that most successful shopping centres and office buildings will remain in the hands of existing owners, as no better possibilities to reinvest money somewhere else exist in the current market. LATVIA The yields of finalized investment deals in 2007 were in the range of 5.5 – 7%. Forecasted yield level for such investments is expected to increase in the nearest future, depending much on vulnerable economic developments locally, in Europe, and globally. Investment Market Expectations Demand for prime cash flow generating properties will remain high. More transactions of projects with development/extension potential will be executed in the coming year. Stronger investment funds (with more equity) will dominate, while weaker ones will transfer to other businesses. Supply of development projects will increase. Yields level has reached the bottom in 2007 and shall go slightly up in 2008 due to general situation in the global markets, slowdown of economy growth, high inflation. More sale and lease-back transactions are expected in the market. 89 Legal Environment Establishing a Company in Latvia Report States Types of Enterprises There are a number of forms of business organization available to the real estate investor in Latvia, the most common one being the limited liability company, as it lends itself best to what is usually necessary for a special purpose vehicle: low cost and relatively simple corporate governance and management structure. The liability of shareholders in the limited liability company is in most cases restricted to the amount of their investment in the share capital of the company, with the minimum total share capital being 2,000 LVL (or about 2,857 Euro). While investments in kind are also possible, they must be appraised by a duly authorized appraiser, and the process of ‘inkind’ valuation may be time consuming and cumbersome compared to cash contributions. For this reason ‘in-kind’ contributions as a mode of capitalizing a limited liability company are rarely used and generally not recommended, especially for those real estate investors in a rush to register their company. LATVIA Less frequently used, but perhaps more appropriate for widely held ownership, is the joint stock company form of business. Joint stock companies may be public or private, and may issue publicly traded shares. They are therefore subject to higher minimum capitalization requirements, generally starting at 25,000 LVL (with joint stock companies in particular industry sectors having considerably higher minimum mandatory capitalization requirements). Joint stock companies have a relatively complex management structure, including a management board of at least three board members and a supervisory board which is charged with the duty of appointing the management board. In addition, individual merchant, partnership, and Societas Europaea are available as forms of doing business in Latvia. Public Private Partnerships Public private partnership projects in the real estate sector are at an early stage of development in Latvia. Existing projects include construction of roads, social housing and kindergartens. From a legal perspective, all PPP projects in the real estate sector are divided into two groups, depending upon the income source of the private investor. If a private investor receives payments from a state or municipality institution, then the procurement must be made in accordance with the Public Procurement Law and the respective agreements must be made in accordance with general provisions of Latvian Civil Law and other applicable legal acts. If, however, a private investor receives payment from third parties (for instance, the lessees of premises), that constitutes a building concession, and the procurement and the respective agreements must be made in accordance with the Concession Law (currently under discussion in the Latvian Parliament). European Structural Funds While structural fund support exists for certain types of investments in Latvia, real estate investment per se has been excluded from qualifying for such support except in a very tangential way and limited way. We refer here to limited structural fund support for the acquisition of road expansion property on qualifying road infrastructure projects. 90 Legal Environment Investment in Real Estate Report States Acquisition of Land and Buildings The Latvian real estate market is in general supported by a fully developed legal and professional infrastructure for real estate ownership, occupancy and investment. Nevertheless, while the basic foundations for real estate law are already in place, a certain amount of care must be exercised in the purchase and sale process, particularly with respect to the mechanics of deposit agreements, escrow agreements, title searching, conveyancing, and tax planning. It is recommended that before entering into a real estate transaction, the support of a professional legal and tax advisor is sought out. In general, there are relatively few material limitations to the acquisition of land or buildings for development by foreigners. Foreign investors have the right to purchase or lease buildings or lease or purchase land. This is, however, not an unqualified right. LATVIA EU citizens may acquire land in Latvia except a) agricultural land and forests, unless specifically qualifying, and b) land in the area of national borders, land adjacent to the sea, land in national parks and land by lakes and rivers. These restrictions do not automatically apply to land in cities. Latvian and other EU member state companies may acquire land in Latvia provided 1) at least half of their share capital is owned by EU citizens or the Latvian state or municipality either individually or jointly, or 2) at least half of their share capital is owned by companies registered in countries with which Latvia has entered into mutual trade and investment protection treaties with ownership of the shares in the companies by citizens of such countries, 3) their stock is publicly traded on the Latvian Stock Exchange. It is advisable to review the legal description and physical location of the target acquisition with a lawyer to ascertain if the planned purchaser can legally acquire the target acquisition. In the event that the planned purchaser is not eligible to take title to the object, it may be possible to do so indirectly through the utilization of a Latvian registered special purpose vehicle to acquire the property. Prior to contemplating a purchase, it is advisable to review the legal description and physical location of the target acquisition and where further development is contemplated, the applicable planning and density restrictions. Privatization While the groundswell of privatizations of the 1990s is now largely a thing of the past, it is still possible under certain conditions to participate in the privatization of real estate in Latvia. A deadline of sorts has already passed, as an application for initiation of privatization of a land plot owned by the state or a local government was to be submitted not later than by 31 August 2006. Nonetheless, the failure to apply before such deadline date for the privatization of certain land does not automatically rule out privatization of such land as a means of acquisition. In some cases, where another party has initiated the 91 Legal Environment privatization prior to the deadline date, there may still be an opportunity to bid on the privatization if either (a) the party who applied for the privatization has no priority rights based on a currently valid lease agreement, or title to a building atop the land plot to be privatized, or (b) the state or local government owner of the land plot has decided to privatize the plot. Under such circumstances, it is ordinarily necessary to participate in an auction and be the successful bidder, in order to ultimately acquire the object to be privatized. Report States Financing LATVIA Over the past year the mortgage market has tightened up, particularly with respect to financing the acquisition of undeveloped land, and especially in areas that do not show promise for short to mid-term return on investment. Whereas banks typically financed up to 80 per cent of the purchase price of undeveloped land in the past, financing thresholds have recently been reduced to a maximum in most cases of between 50 and 60 per cent of the acquisition price. Financing for short term speculative real estate ventures now comes at a slightly higher risk premium over the base rate of financing than what was the practice in the recent past. There is still a favorable climate for financing of construction projects, provided the developer’s own level of participation is considered adequate and the debt service indicators are in order. Residential real estate financing is more difficult to acquire than in the recent years past. Mortgages Latvia has a fully developed mortgage lending system, with mortgages easily registrable in the Landbook. In a marked departure from the conditions of only a few years ago, at present, there is considerable competition in the banking sector for residential mortgage business. One of the side effects of this is that often local real estate businesspeople, who typically are the best informed about attractive ‘off-list’ investment opportunities, do not necessarily feel a need for foreign investment partners in their projects, so long as their own debt servicing abilities are sound. The content of standard form mortgages of Latvian banks tends to require a modest amount of revision, at least in the case of simple mortgage financing transactions. For mortgagors, special care should be taken, however, in the drafting of mortgage default provisions, to ensure that the mortgagor has a reasonable opportunity to cure defaults before a power of sale. The structure of potentially applicable power of sale procedures should also be considered carefully before finalization of the mortgage content. It is relatively rare to find vendor take-back mortgages. Purchase and Sale Agreements There is no such thing as ‘real time closing’ in Latvia, and there is always a delay between the moment of submission of documents to the Landbook and the moment of registration of property under the Landbook. For this reason, aside from the relatively self explanatory requirement that purchase and sale agreements include precise particulars of the buyers and sellers, legal descriptions (cadastral number and municipal addresses) purchase price, 92 Legal Environment and representations and warranties, it is imperative that purchase and sale agreements stipulate an escrow closing and that the separately drafted escrow agreements specifically bar the transfer of the purchase price to the seller unless title is acquired free and clear of any undisclosed or unconsented to encumbrances. This is particularly so because even if a last minute title search is performed, certain conveyancing risks may still exist, as set out below. Report States Under the currently prevailing views of the Landbook, judgment creditors’claims and State Revenue Service claims take priority in sequence over other registration applications. In certain circumstances, such claims may despite being submitted after your application for registration, appear as encumbrances together with your freshly registered title. The way of getting around this risk is the utilization of an escrow closing mechanism setting out pristine title as a condition precedent to transfer of the proceeds of sale to the seller. By using this method, you are saying in effect that you don’t care what the Landbook notaries register in what order, because you will not pay the seller anything until the Landbook certifies good title free and clear of tax arrear encumbrances or other encumbrances. LATVIA The escrow agreement is invariably between a local bank (not attorney) as escrow agent, the buyer and seller. Investors are well advised to require a legal professional to review the bank’s draft escrow agreement, as its content is the best defence against random sequencing of registrations. Escrow agreements frequently require amendment and in some cases, perhaps surprisingly to purchasers, negotiation over the content of the escrow agreement may take more time than negotiation over the purchase and sale agreement itself. We encourage parties to factor into their timetable for closing a sufficient amount of time for escrow agreement negotiation and content finalization. While escrow agreement drafting may require more time and effort than one might at first expect, whatever the complications with escrow agreements, the use of an escrow agreement in the conveyancing process is infinitely preferable to a closing without an escrow agreement. Public auctions of property should be approached with great caution, particularly where closing is not contemplated through an escrow arrangement and where up-front deposits are required by auction participants. Deposit agreements are often relied upon as a means of securing a property from alternative purchasers prior to actual negotiation and conclusion of an agreement of purchase and sale. It is common practice in Latvia to utilize a penalty provision in a deposit agreement calling for return of the deposit on a two fold basis by the vendor or the forfeiture of the deposit by the purchaser in the case of a failure to close for reasons of ‘fault’ of the respective purchaser or seller. If all goes well and the closing takes place, there may be no issue with such agreement. If, however, there is a failure to close, there is a risk at least of a protracted dispute as to the presence of ‘fault’ and allocation of such fault. In practice, it is necessary to weigh the risks of such potential dispute against the risk of not having any deposit agreement mechanism in place to tie up the counterparty and lessen the risk of a changing of the mind on wanting to close the transaction. Section 78 of the law on Municipalities provides that a municipality is entitled to a right of first refusal on a purchase of building on the same terms and conditions as those proposed by the prospective parties to an agreement of purchase and sale. 93 Legal Environment In order to legally circumvent the municipal right of first refusal, it is common practice to separate what is essentially one purchase transaction into two parts as a form of conveyancing. There is no judicial consideration of such practice and it is so widespread that there is little likelihood of the introduction of measures to stop the practice, or impugn past title transfers utilizing the practice. Report States Current law requires that real estate purchase and sale agreements and official requests to register title or leasehold estates under the Landbook registry system be notarized by a notary. Sometimes purchasers mistakenly believe that the mere act of notarization is sufficient to ensure registration of good title. Notarization is not tantamount to registration, and cannot be relied upon as sound evidence of good title, which is generally only evidenced by Landbook registration. In other words, as self explanatory as it may seem, once the documentary request for registration is obtained and notarized at the notary office, the parties should take the next step and proceed directly to the Landbook where they should submit the documents for registration (even if sequencing of registration is sometimes an issue). In the relatively rare cases of conveyancing disputes or failures to close, there is more often than not a failure of a party to attend to the Landbook with its notarized request to register in hand on a timely basis. LATVIA In summary, the most effective way to minimize risk of failure is by utilization of properly drafted escrow agreements, such that the purchaser’s money is held by a third party escrow agent (almost invariably a local bank), and only transferred to the seller once good title in the manner expected is registered in the name of the purchaser. Planning and Development Zoning of territory is governed by the law on Territorial Planning and Regulation Nr. 83 of the Cabinet of Ministers “on territory planning by municipal government”. Planning takes place at four levels: national planning, regional territorial planning, regional municipality territorial planning and local government territory planning. It is important prior to acquisition of property to determine whether it is planned for the use which the purchaser requires. Density and minimum plot sizes may also be of concern. The City of Riga has recently introduced its new municipal plan. This is a welcome development, adding to the level of certainty for property developers and investors seeking to develop municipal land in the Latvian capital. Lease of Real Property Leases of municipally owned lands are not permitted to have terms longer than 12 years. A lease does not require notarization in order to be a binding lease. It does, however require registration in the Landbook in order for it to be binding upon third parties without notice of the lease. In order to effectuate such registration, it is necessary to attend to a notary’s office and sign and have notarized the request to register the lease. 94 Legal Environment As the law does not specifically mandate the registration of subleases, Landbook notaries are sometimes reluctant to register subleases, even where the parties so agree to their registration in writing. Additional legal advice should be sought before contemplating a business structure utilizing subleases as a registered instrument. Report States Most aspects of commercial real estate leases are negotiable, and typically commercial leases have a term of three years or more. Where a landlord or tenant makes a significant capital investment in the leased space, lease terms may typically range from five to ten years. Rent controls do not apply to newly erected buildings. In cases where rent control exists, various approaches are available for owners to try to terminate rent controlled tenancies, more often then not requiring the acquisition of alternate accommodation for tenants. Residential lessees in protected tenancy situations are provided considerable protection under the law in practice. Courts will, for example, typically find that even part payment of rent demonstrating an intent to honor the lease relationship will shield a tenant from eviction. Investment Protection and Guarantees LATVIA On January 1st, 2005, the former law on Foreign Investment Protection in Latvia expired, in effect being superseded by the Commercial Law already in place, which sets out the rights to engage in commercial activity without segregation of foreign and domestic investor activity. The most tangible manifestation of investment protection is the bilateral agreements which Latvia has entered into with a host of other jurisdictions on mutual trade and investment protection. Currently such there are such bilateral agreements with approximately 45 other jurisdictions. 95 Taxation General Principles Report States In Latvia there are following taxes: Corporate income tax, including withholding taxes; Gambling and lottery tax; Value added tax; Social security contributions; Personal income tax; Real estate tax; Natural resource tax; Excise tax; Customs duties; Motorcycle and car tax. Additionally, there are different state and municipal duties. However, most of the duties and some of the taxes are applicable only in specific situations; therefore, this section provides a general overview of the most common taxes and duties. Personal Income Tax LATVIA Latvian residents are taxable on their worldwide income. Non-residents are liable to tax their income attributable to Latvia. The personal income tax rate in Latvia is 25%. The income tax rate applicable for income from individual’s economic activities is at a rate of 15% starting from 1 January 2008. According to the last amendments in Latvian Law on Personal Income Tax, income received from the sale of the real estate is taxable in case the ownership of the real estate has not lasted for more than 60 months and the real estate has not been registered address of respective private individual for at least 12 months before the signing of the sales agreement. Taxable income derived from the sale of real estate includes also income received from the sale of share capital or shares of the company if in the year of the sale or the year before the sale, 50% or more of the company’s assets consisted of real estate located in Latvia; the company may be established in Latvia or other country. Proportion of real estate in the assets is determined based on the balance sheet data provided at the beginning of the respective year, and taxable income is the difference between the sales and the acquisition value of shares. Social Security Contributions (Social Tax) Social security contributions are made to the social insurance budget, entitling the contributor to general sickness, pension, maternity, and other social benefits. Social security contributions are levied on resident employers, employees of Latvian companies, resident employees employed by non-residents; resident expatriates assigned to work in Latvia, and self-employed individuals. Taxable income, which is subject to social security contributions, is any income derived from employment relations and subject to personal income tax. 96 Taxation An employer must withhold 9% social tax from the gross salary of the employee. The employer must make social security contributions of 24.09% in addition to the employee gross salary. Total social security contributions payable in 2008 are 33.09%. Report States Person employed in Latvia by non-resident employers if the permanent place of residence of such person is not Latvia but who remains in Latvia for more than 183 days in any 12-month period is subject to social security payments of 31.10%. The rate of 33.09% is applicable to persons employed by nonresidents of Latvia if the permanent place of residence of such persons is Latvia. The social security contribution rate for self-employed persons is 30.44%. In the year 2008 income in excess of LVL 29,600 is not subject to social security contributions. Real Estate Tax LATVIA Taxable persons are individuals, legal entities, and non-residents that possess or hold building and/or land located in Latvia. The real estate tax rate starting from 1 January 2008 is 1%. Real estate tax is imposed on the cadastral value of respective taxable property. The taxation period is a calendar year. The tax assessment on buildings and land is made by the respective municipality in the territory of which the respective real estate is located. The municipality can grant support of up to 90% real estate tax reductions for companies whose operations conform to their local/regional development strategies and spatial zoning as well as for individuals. In 2008, 2009 and 2010 increase of the real estate tax amount may not exceed 25% per year in comparison to the real estate tax amount paid in the previous year. There are different types of real estate that are exempt from real estate tax. Corporate Income Tax Taxable Income Resident companies are subject to tax on their worldwide income. Nonresident companies having no permanent establishment in Latvia are subject to tax on their Latvian-source income. Non-resident companies operating through a permanent establishment in Latvia are subject to tax on income derived by the permanent establishment in Latvia, as well as income independently derived abroad by the permanent establishment. Tax Rates Companies are subject to corporate income tax at the rate of 15%. 97 Taxation Capital Gains Report States Resident companies (with certain exemptions) and non-resident companies operating through a permanent establishment in Latvia include capital gains in their taxable income. Withholding tax Sale of real estate For non-resident companies without a permanent establishment in Latvia, the final withholding tax is imposed on proceeds received from sale of real estate located in Latvia or from sale of shares of company if in the taxation period of the sale or taxation period before the sale, 50% or more of the company’s assets consists of real estate located in Latvia. The rate of withholding tax is 2% for income from the sale of real estate located in Latvia or from sale of the respective company’s shares. LATVIA Interest 10% WHT applies to interest payments paid to the related company; 5% WHT applies to interest payments paid by commercial banks registered in Latvia to companies or persons affiliated with them; 5% WHT applies to interest payments paid to the related EU member state company from 1 July 2009 until 30 June 2013; 0% WHT applies to interest payments paid to the related EU member state company (this applies also payments made by commercial banks registered in Latvia) starting from 30 June 2013. Royalties on literary or artistic works 15% WHT applies to payments to third country company; 10% WHT applies to payments to EU member state company until 1 July 2009; 5% WHT applies to payments to EU member state company from 1 July 2009 until 30 June 2013; 0% WHT applies to payments to EU member state company starting from 30 June 2013. Other royalties 5% WHT applies to other types of intellectual property paid to non-EU member state company or paid to EU member state company until 30 June 2013. Starting from 30 June 2013 to such payments made to EU member state company 0% WHT applies. Movable property 5% WHT applies to payments for the use of movable property located in Latvia. Dividends 10% WHT applies to dividends paid to non-EU member state companies. There is no withholding tax on dividend payments to EU or EEA countries if the receiver is taxed with corporate tax in its residence country. 98 Report Taxation States Dividends Dividends paid out of resident’s profits being taxed under the Law on Corporate Income Tax are not included in taxable income of a resident recipient company. Taxable income of a Latvian company receiving dividends is not increased by the amount of dividends received from non-residents if the Latvian company owns at least 25% of the capital and voting rights in the company paying the dividends; however, this provision is not applicable if the company paying the dividends is located in such a state or territory, which, according to the Cabinet Regulations, is considered to be a low-tax or no-tax state or territory. If the payer is a company, which is registered in another EU Member State, the Latvian recipient company should own at least 20% (15% in 2007 and 10% in 2009 and onwards) of the capital and voting rights of the payer. Payments to Low-tax Countries Payments to companies registered in low tax countries (there are special Cabinet Regulations containing a list of low-tax countries) ordinary are subject to 15% withholding tax. LATVIA Thin Capitalization Rules on Interest No limits exist with respect to loans received by a company, however, the thin capitalization rules are applicable. Namely, at the end of each taxation year, the Latvian company is obligated to perform “deductible interest payment” calculation (thin capitalisation) in order to evaluate the requirement for a possible increase of taxable income for corporate income tax purposes. According to these calculations, the tax deductible interest payments are the smallest result of one of the following formulas: Debt x 1.2 x average short-term interest rate determined by the Central Statistical Bureau of Latvia at credit institutions as of the last month of the taxation period OR Annual interest calculated Average debt 1 Shareholders equity − non - current assets revaluation reserve x 4 ( 1 ) Shareholders equity at the beginning of a taxation year. These provisions are not applicable to loan and leasing interest payments to: credit institutions registered in the Republic of Latvia or another EU Member State; State Treasury of the Republic of Latvia; Nordic Investment Bank; World Bank; Latvian residents. Transfer Pricing Rules The Latvian legislation provides for an arm’s length principle to be followed in all related party transactions. The State Revenue Service may redefine 99 Taxation the transaction between related parties and recalculate the tax base if it has grounds to suspect intentional tax evasion. The methods such as comparable uncontrolled price, resale price, cost plus, profit split or transactional net margin method could be used for assessing the market price in transactions between related parties. Report States The generally accepted transfer pricing practice is based on the OECD Transfer Pricing Guidelines. Value Added Tax VAT rates VAT rates applied in Latvia are 18% (standard rate), or 5% (reduced rate), or 0%. Input and Output VAT Neutrality of the VAT system provides for the tax burden to be borne by the final consumer and is neutral to businesses. VAT taxpayers are entitled to deduct the tax, which they pay on supplies and services received (input VAT) from the tax, which they charge their customers (output tax), if input supplies secure the taxable transactions of the taxpayer. LATVIA Registration Obligations Persons registered in Latvia whose supplies during 12 months period do not exceed LVL 10 000 (approx. EUR 14 229) are not liable to register as VAT payers. The registration threshold of LVL 10 000 (approx. EUR 14 229) does not concern foreign taxpayers, who are obliged to register for VAT purposes irrespective of the value of their transactions subject to VAT in Latvia, except distance sales where the threshold is LVL 24 000 (approx. EUR 34 149). Law on Value Added Tax provides special registration requirements for persons registered in other EU Member States in case such persons are performing certain activities in Latvia. VAT General Deduction and Refunds Businesses are entitled to deduct input VAT on goods and services received to ensure taxable transactions of the respective persons provided they are registered as VAT taxable persons in Latvia. Retrospective registration is not allowed in Latvia. The overpaid VAT can be claimed back with respect to the three last years. The State Revenue Service shall repay the overpaid VAT or inform the taxpayer regarding the reasons why the overpaid VAT cannot be repaid within 30 days after receiving the application form and supporting documents required. VAT Refunds to Foreign Taxpayers Generally, taxpayers from other countries making no taxable supplies in Latvia may claim the refund of VAT paid in Latvia under the requirements equivalent to the EU Eighth and Thirteenth Directives. However, in case of businesses established outside the EU the refund is conditional upon the 100 Taxation reciprocity rule. The refund is not possible if deductibility of input VAT on similar transactions is not allowed for Latvian taxpayers (e.g. goods for private use), as well as on acquisitions of unused immovable property and services received in relation to construction, reconstruction, renovation, restoration, or repairs of immovable property. In addition, the tax shall not be refunded to tourism (travel) firms and organizations. Report States VAT on Supply of Real Estate The supply of real estate (including supply of land) is generally exempt from VAT. The mentioned rule is not applicable to the first supply of an unused real estate or parts of it (e.g. following renovation). Such supplies are subject to the standard tax rate of 18%. LATVIA An unused real estate is: newly built buildings or structures (also stationary equipment installed therein), if such are not used, rented or leased after being approved for use, newly built buildings or structures, if such are sold within one year after being approved for use, regardless of the form of their use until the time they are sold, buildings or structures if such are sold within one year after renovation, reconstruction or restoration work has been accepted, and objects the construction of which is not completed. Moreover, if in case of supply of real estate the value of real estate that is exempt from VAT is not indicated separately from the value of real estate that is subject to 18% VAT rate, then the taxable value that will be subject to 18% VAT shall be the whole value of the transaction. Input VAT on the unused real estate acquired as well as on the building, reconstruction, renovation or restoration of real estate is deductible in full if the real estate is intended to be used only for the carrying out of taxable transactions. If the real estate is intended to be used for the carrying out of both taxable transactions and non-taxable transactions, the amount of input VAT to be deducted shall be determined on the basis of the intended real estate use proportion. VAT deductions do not apply to VAT paid for construction of objects used for VAT exempt business or social infrastructure, such as apartment buildings, sports, medical and educational facilities if the social objects do not relate directly to the commercial activities of the company. Unused real estate acquired by the taxable person should be registered with the Latvian State Revenue Service. The VAT exempt sale of the real estate (or any part thereof) within 10 years from acquisition or commissioning thereof, imposes the taxable person to refund the amount of input tax, which is calculated by multiplying 1/10 of the claimed input tax by number of years remaining until the said 10 years period. The repaid tax amount is included in the value of the real estate, and the buyer may not deduct the said amount as input tax. 101 Taxation Report States Excise Tax Application of excise tax for goods in Latvia is prescribed by the Law on Excise Tax adopted on 14 November 2003 and effective since 1 May 2004. The Law on Excise Tax is integrated with the Council Directives 92/12/EEC, 92/79/EEC, 92/80/EEC, 92/83/EEC, 92/84/EEC, 95/59/EC, 95/60/EC, and 2003/96/EC. According to the Law on Excise Tax the following products are subjects to excise tax: alcoholic beverages; tobacco products; oil products; soft drinks; coffee. Real Estate Transfer Stamp Duty LATVIA Every registration of title rights with the Land Register as a result of an alienation of a real estate is subject to a stamp duty. The amount of the stamp duty depends on the type of alienation of a real estate. For alienation of real estate to: relatives (children, parents, brothers, sisters, spouses, grand children, great grand children, grand parents) regardless the number of real estate – 0.5% of the value of real estate (in lats), but not more than LVL 1 000 (approx. EUR 1 423); other natural persons: for 1st or 2nd real estate – 2% of the value of real estate (in lats), but not more than LVL 30 000 (approx. EUR 42 686); in other cases – 4% of the value of real estate (in lats); other natural persons as a gift: for 1st or 2nd real estate – 3% of the value of real estate (in lats), but not more than LVL 50 000 (approx. EUR 71 144); in other cases – 6% of the value of real estate (in lats); legal persons: 2% of the value of real estate (in lats), but not more than LVL 30 000 (approx. EUR 42 686); as a gift – 3% of the value of real estate (in lats), but not more than LVL 50 000 (approx. EUR 71 144); For corroboration of mortgage rights with the Land Registry: legal persons: for a loan to ensure business activity – 0.1% of the amount of the loan agreement (in lats), but not more than LVL 1 000 (approx. EUR 1 423); natural persons: for the first two mortgages – 0.1% of the amount of the loan agreement (in lats), but not more than LVL 1 000 (approx. EUR 1 423); for the third and following mortgages – 3% of the amount of the loan agreement (in lats). The value of real estate for stamp duty payment purpose shall be the highest of the following amounts: alienation amount of the real estate prescribed by the agreement; cadastre estimation of the real estate; evaluation determined as a result of mortgage of the real estate with the credit institution. 102 Report States Office Market While all capitals of the Baltic countries seem to be quite similar to each other in terms of market size, the property markets and their segments differ quite significantly in each of the country. The Tallinn office market development began same as in Vilnius or Riga by remodelling apartments located in the Old Town and the downtown into office space, however, the Tallinn office market is a clear pioneer in terms of the segment development. Supply and Demand Report States Due to the limited space in the CBD area new projects are being initiated outside the city centre. Today the Tallinn office market represents nearly 350,000 sq. m of modern space and is developing further. Major office buildings in Tallinn’s city centre and its vicinity are WTC on Ahtri Street (35,000 sq. m of rentable area, total commercial area is 60,000 sq. m), SEB Ühisbank building on Tornimae Street. (16,000 sq. m), Hansabank office building on Liivalaia str.(15,000 sq. m), Hobujaama office building on Hobujaama Str. (7,000 sq. m), City Plaza (7,200 sq. m of rentable area), Pro Kapital office building (7,300 sq. m of rentable area), Ravala Business Centre (9,200 sq. m), Admirali Maja office and apartments building (8,300 sq. m of rentable office area), Veerenni Arikeskus (4,600 sq. m), Tere Maja (6,000 sq. m), Ülemiste Arimaja (5,000 sq. m), City Plaza office building (5,500 sq. m), Rävala Four office building (5,100 sq. m), Pärnu Rd. 102c (rentable area 9,500 sq. m) and Valge Ärimaja (4,000 sq. m). Majority of the modern office is concentrated in the CBD area, which is quite limited in size and therefore there are lots of new developments outside the city centre towards Pärnu and Mustamäe direction. Due to the limited space in the CBD area new projects are being initiated outside the city centre. The major demand is for high quality product, e.g. modern premises with advantageous location and good parking possibilities. Strong international and local companies, working in consulting, pharmaceutical, IT business require certain flexibility in the size of premises keeping in mind potential expansion in the future. Most often they need premises in the range of 150 to 300 sq. m. However, another tendency is growing demand for bigger space; companies are expanding in line with impressive economy growth and start seeking for bigger offices from 1,000 to 3,000 sq. m and more. Rents and Vacancy ESTONIA During 2007 the A - class office premises rent in Tallinn increased slightly during the year and currently varies from 16 to 20 EUR/sq. m, B - class– 10-12 EUR/sq. m. The price difference is mainly due to location in the city, as general technical characteristics of A and B - class newly built premises are relatively comparable. The size of the office space and lease terms also have an impact on the rental level. While old construction buildings still keep certain level of vacant premises, vacancy in the modern office buildings is almost non-existent. Pipeline Projects In 2007, nearly 50,000 sq. m of office space was planned to be added to the office market of Tallinn and almost 40,000 sq. m were delivered. The year 2008 seems to be even more active as nearly 100,000 sq. m are planned to be delivered to the market. Even if the plans are fulfilled by only 70-80%, the 104 Report Office Market market will feel significant influx of new modern space and this will definitely have a certain impact on vacancy levels and some premises (old style, lower quality) rent’s level as well. States Main Pipeline Projects Project Name Peterburi office building Gildhall Kadaka Tammsaare Business Centre Delta Plaza Ülemiste City Pärnu Road 158 office building Estonian Railway Main Building Scala City Tammsaare Business Building Meistri tee 22 office building Liivalaia office building Rannamõisa Office Centre Address Väike-Paala 1 Scheduled Opening Date Mustamäe Road 16 2008 2008 Kadaka Road 76D 2008 Tammsaare Road 49 2008 Pärnu Road 141 2008 Lõõtsa Street 2008 Pärnu Road 158 2008 Toompuiestee 36/Tehnika 16d Tartu Road 43 Tammsaare Road 118d Meistri Road 22/Ehitajate Road 116a Liivalaia 45/47 Rannamõisa Road 4a 2008 2008 2008 2008 2009 2009 Source: KOBA, BPE ESTONIA One of the biggest projects in the pipeline is Ülemiste City project in Tallinn. A 15-minute stroll from the centre, close to the Ülemiste intersection, and just 0.5 km from both the Tallinn Airport and Ülemiste railway station, the project is already started and currently some developments are in progress. Ülemiste City is designed to include almost 160,000 sq. m of office space for sale and rental. The project will be implemented within several years. Office Market Expectations Supply of modern office space will grow mainly in suburban areas. In the coming years rental levels shall remain stable for the prime quality space, rents for less quality, old type and far from the city centre located space may slightly decrease. Vacancy rates in high class premises will remain low, lower quality premises may encounter increased vacancy factor when new projects will be delivered to the market. 105 Retail Market Despite certain slowdown in the economy, the smallest of the Baltic States is still experiencing impressive economic growth (8.1% GDP growth in 2007), exports and private consumption. Unemployment is low, largely due to the expansion of the service sector. In general, strong growth in wages and attractive interest rates in the past few years were the major drivers of boosting consumption, however, current slowdown in the economy will have certain impact on consumption in the future. Report States Small domestic retail groups and independents still dominate in non-grocery segments, but new brands are also successfully entering the market. In general, the role of Nordic retailers in the development of the Estonian retail market has been very important: Rimi Baltic grocery chain is the leader in the grocery market, K-Rautakesko chain dominates the DIY segment. The Estonian retail market is concentrated in the capital city Tallinn, mainly because of the population (almost 1/3 of the total Estonian population lives in Tallinn), but also because of its proximity to Finland and the consequent attraction of cheaper shopping to Finnish shoppers. Retail Streets in Tallinn Historically, high-street retailing was concentrated in Tallinn’s Old Town; however, the swift development of modern shopping centres in recent years has seen a significant reduction in the attractiveness of high-street retail locations. The Old Town has evolved into an exclusively tourist-oriented (amber jewellery and souvenir shops) and leisure (cafes, restaurants) district. Centrally located Viru Street, connecting the CBD with the Old Town, was formerly very attractive to both retailers and buyers. Today, difficult parking conditions, the development of shopping centres in and outside the city centre and consumers’ preference to shop in those centres have combined to transform part of Viru Street (crossing the Old Town) into a tourist-oriented area with lots of souvenir shops, and a leisure quarter, concentrating numerous cafes and restaurants. The other section of Viru Street (crossing Pärnu Road) features one of Tallinn’s most popular shopping centres, Viru Keskus, which makes it and the surrounding area a very attractive location for smaller retailers or cafeterias. The first shopping centre in Tallinn - Rocca al Mare – was opened in 1998. Today, it is one of the largest shopping centres in Estonia, with the total area of 35,000 sq. m. It hosts more than 100 trade and service firms. Kristiine is another successful shopping centre in Tallinn. Situated in between residential area and the city centre, with big number of various tenants, it attracts many visitors everyday. The other shopping centre - Viru Keskus - was opened in 2004 and became extremely popular among local and foreign visitors first of all due to its prime location. It is situated in the very city centre, with the walking distance from the historical Old Town, huge flows of people are passing the centre everyday. Tallinn’s largest shopping centre – Ülemiste - opened its doors in 2004. The centre, located near the lake Ülemiste, covers an area of 50,000 sq. m in total. The Estonia’s largest hypermarket in the shopping centre ESTONIA Shopping Centres in Tallinn 106 Report Retail Market and big number of various tenants attract a lot of buyers from all over the city. All of the afore-said shopping centres are among the top ones in Tallinn. States Main Shopping Centres in Tallinn Location Anchor Tenant Total Area, sq. m Suur-Sojamae 4 Rimi 50,000 Shopping Centre Ülemiste Jarve Keskus Pärnu 238 Selver 40,000 Rocca al Mare Paldiski 102 Prisma 35,000 Endla 45 35,000 Kristiine Viru Keskus Viru Valjak 4 Sikupilli Keskus Tartu Mnt 87 Prisma Tallinna Kaubamaja Prisma Mustika Keskus Lasnamae Keskus Norde Centrum Tammsaare 116 Prisma 26,500 Mustakavi 13 Rimi 24,000 Lootsi 7 Rimi 13,500 Sorpuse 201 Rimi 12,000 Magistrali 30,000 27,000 Source: KOBA Development of Shopping Centres in Tallinn 400 thous. sq. m 350 300 250 200 150 100 50 0 1998 2000 2002 2004 New deliveries 2006 2008 F 2010 F Stock, beginning of year Source: KOBA ESTONIA Rents and Vacancy While all the above mentioned shopping areas differ in their location, interior planning and tenants mix, the rent level is comparable in any of them and is provided below. Rents (EUR /sq. m/month) EUR/ sq. m/month Anchor Tenants Medium Areas (>100 sq. m) Small Areas (< 100 sq. m) 8-10 10-30 30-45 Source: KOBA, BPE 107 Retail Market Major anchors or catchy tenants are: Rimi Baltic (Rimi, Säästumarket), SOK (Prisma), and Tallinna Kaubamaja (Selver). In general, the interest from foreign retailers is to open their first shops in the capital of Estonia, whereas local companies are focussed on maximising their market share. Tallinn is the most attractive place because of its larger visitor numbers and proximity to Finland and Sweden. This makes demand for retail space quite strong with zero vacancy rates in the major shopping centres. The most popular shopping centres (Viru Keskus, Kristiine, Jarve, Rocca al Mare and Ülemiste) are currently most in demand from retailers and thus have no vacancies. Report States High demand for retail space pressures shopping centres’ owners to consider extension schemes of existing shopping centres. Pipeline Projects High demand for retail space pressures shopping centres’ owners to consider extension schemes of existing shopping centres. One of the major projects today is extension of Rocca al Mare, which is planned to be enlarged by additional 16,000 sq. m of retail space in 2008. Total area is planned to reach 70,000 sq. m in 2010, some entertainment zones to be developed as well. Magistrali and Jarve shopping centres also are subject to certain extension. In December 2007, it was announced that Trigon Property Development will develop Estonia’s largest shopping centre (115,000 sq. m of floor space) Tallinn Gate near Tallinn. It will be located next to the Pärnu highway some 15 km from the border of Tallinn and is planned to be completed in 2011-2012. Super/Hypermarkets in Tallinn The main anchor tenants in super and hypermarkets are the following grocery chains: Rimi Baltic (Rimi, Säästumarket), SOK (Prisma), Tallinna Kaubamaja (Selver) and Maxima Group (Maxima). ESTONIA The food retail market in Tallinn, and in Estonia in general, is quite concentrated, with Rimi Baltic (Rimi) and SOK (Prisma) being both on leading position. The position of a grocery chain Selver (belongs to the Kaubamaja Group) is also mentionable. Retail Market Expectations Strong demand for retail space from retailers’ side will remain. New international brands will enter the market. Extension projects will add some demandable space to the market. Vacancy level in the popular retail units will remain low. Further expansion of retail chains in Tallinn and Estonian secondary cities through new super and hypermarkets will remain active. 108 Warehouse/Industrial Market Estonia’s warehouse market mainly consists of old buildings with only a few new builds. Block and brick warehouses and production buildings, built in the period from 1962 to 1990, as well as large-area administrative buildings, dominate in all major-city warehouse markets. New, most often purpose-built, modern warehouse buildings or renovated old ones are the few exceptions. By now, the majority of old warehouses and administrative buildings have been equipped for goods-storage for both the wholesale and retail trades. Report States A recent trend in the industrial property market is the development of industrial parks. Supply and Demand On the demand side, relatively small premises within the city boundaries are the most sought after. It can take time, however, to find suitable premises for both big and small clients because of the specific requirements for warehouse premises. The overall increase in land prices and the huge growth in demand for residential premises have made developers to be more active in the residential segment and more conservative in the warehouse segment. A recent trend in the industrial property market is the development of industrial parks. There is less and less industry in the central city area of Tallinn, manufacturing companies and factories are moving to more suitable locations in the outskirts or even further out. Tallinn and its immediate vicinity have three areas under development for manufacturing facilities and warehouses: Peterburi road, Pärnu road in Laagri and Tartu road between the city boundary and Jüri. The biggest industrial parks in and around Tallinn are Jüri Industrial Park, Logistics Park Liiva Centre, Tänassilma Technological Village, Dvigatel Industrial Park, Keila Industrial Park and Lasnamäe Industrial Park. The total areas of the parks vary from 30 to 80 hectares. Rents Rental prices per square meter per month vary depending on location, lease conditions and size of the rented premises. Industrial/warehouse properties are rented from 4 to 7 EUR/sq. m/month for newly built high quality warehouse premises not far from the city centre, and from 3 to 5 EUR/sq. m/month for lower quality warehouse facilities. ESTONIA In general, rental prices are quite stable with some trends to slight increases in the most sought-after locations. The biggest differences in rental prices are because of location and the quality level of premises. Pipeline Projects Constant demand for modern warehouse and logistics premises and slowdown in residential construction encourage developers to think about new projects in warehouse and logistics premises. Majority of the projects are being started with pre-lease agreements only. Major new projects are Magnum Medical Logistics Centre, Via Baltica Logistics Centre. Hawaii Express logistic centre is planned to be built in the Jõelähtme Parish, the centre should be completed in spring 2008. In Maardu more than 30,000 sq. m size Maardu Logistic Centre will be built. 109 Warehouse/Industrial Market Warehouse/Industrial Market Expectations States “Build–to–suit” projects remain dominating in the market. New projects will have an impact on increasing vacancy in the old premises. Rents shall remain stable with slight tendencies to increase, mainly due to increased construction and other costs. More “sale and lease–back” transactions will appear in this segment. ESTONIA Report 110 Report Hotel Market According to Statistics Estonia, during the nine months of 2007, half of the foreign tourists, who used the services of accommodation establishments of Estonia, came from Finland. Finland is continually the main foreign partner of Estonian accommodation establishments, although, compared to the nine months of 2006, the number of Finnish tourists decreased by 37,000 tourists. The number of tourists from other larger partner states in tourism — Sweden, Germany, United Kingdom and Russia — decreased as well. The number of tourists from Norway, Latvia and Lithuania, staying in the accommodation establishments, was much larger than in 2006. Compared to the nine months of 2006, the total number of foreign tourists, who used the services of accommodation establishments, decreased 4%. The decrease in the number of foreign tourists, staying in accommodation establishments, was compensated for by an increase in the number of domestic tourists — the number of domestic tourists staying in accommodation establishments increased by 106,000. States During the nine months of 2007, 1.8 million tourists stayed in accommodation establishments. Hotel Establishments in Estonia and Tallinn 2005 2006 Number of Establishments in Estonia 784 951 Number of Establishments in Tallinn 113 120 Number of Rooms in Estonia 16,610 17,811 Number of Rooms in Tallinn 6,038 5,931 Number of Beds in Estonia 38,088 40,850 Number of Beds in Tallinn 12,396 12,058 Source: Statistics Estonia Today the Tallinn hotel market represents big variety of different hotels in terms of class, location or size. The larger ones include Radisson SAS, Reval Hotel Olümpia, Tallink-Best Western Hotel, Sokos Hotel Viru, Reval Express Hotel, Reval Hotel Central, Meriton Grand Hotel Tallinn and Metropol. In 2007, new hotel Swissôtel Tallinn Estonia (238 rooms) and Nordic Hotel Forum (267 rooms) welcomed first guests. Hotel Telegraf (5*, 86 rooms), Hotel Europe (4*, 185 rooms), Tallink Spa & Conference Hotel (4*, 290 rooms), Hotel Bern (4*, 49 rooms) shall also be added to the list of recently opened hotels in Tallinn. ESTONIA The major chains operating in Tallinn are Domina Hotels and Resorts, Meriton Hotels, Reval Hotel Group, Radisson SAS Hotels and Resorts, Scandic Hotels and Best Western Hotels. In terms of hotel classification, in the beginning of 2008, Tallinn hotels were classified as follows: Hotels Classification in Tallinn ***** ** *** *** ** ***** **** **** Source: Estonian Hotels and Restaurants Association, BPE 111 Report Hotel Market Despite recently decreased number of visitors from Finland, growing number of local residents, staying in the accommodation establishments, keeps demand for hotels and other types of accommodation still strong. States Room Prices Hotel Room Price in Tallinn (EUR/room /night) Category Single Double 5* 150-250 180-270 4* 95-120 95-155 3* 70-90 80-100 Source: KOBA, BPE Occupancy As it was stated by Estonian Hotels and Restaurants Association, in the third quarter of 2007, average room occupancy rate in the Tallinn hotels was 72.44%, at the same time, average room occupancy rate in the Estonian hotels was 68.78%. Number of local tourists, staying in the hotels, will continuously grow. Together with growing number of hotels, competition will sharpen as well; this will lead to higher level of services and prevent room rates from increase. More SPA services, conference facilities and other activities will be offered by hotels’ operators to keep occupancy higher throughout the whole year. ESTONIA Hotel Market Expectations 112 Investment Market The investment interest in the Baltic States markets has increased remarkably during the last years. Initially the biggest investments have been related to development activity; later the number of transactions with business and industrial properties generating cash flows has increased. Today we again notice some interest in development projects, or the projects where some value added can be created via reconstruction or extension of the projects. In general, the yields were decreasing over the last 4-5 years which is the time since we first experienced a local investment market selling cash flow producing real estate – and not just real estate development. The yields have gradually dropped and for prime properties the average rate was close to 66.5% in the beginning of 2007. However, the situation in the second half of the year has changed mainly due to the general economic situation (high inflation, risk of currency devaluation, overheating of economy) and currently, the prime property yields are close to 7%. Report States Today we again notice some interest in development projects, or the projects where some value added can be created via reconstruction or extension of the projects. Office Market The largest office transaction in Estonia (and in the Baltics as well) was sale and lease–back of SEB bank portfolio to Homburg Invest Inc. for EUR 197 mln (the yield was not disclosed). Baltic Property Trust has acquired Tolaram Business Centre.Radisson Hotel and Business Centre was also sold in 2007 (British real estate company Boultbee became the sole holder of the shares in July 2007). Retail Market The major transactions in 2007 include the sales of Sikupilli shopping centre and Magistrali shopping centre. Sikupilli shopping centre was acquired by the British real estate company Boultbee, while the Finnish real estate investor Citycon OYJ acquired Magistrali. The real estate fund AVEC Baltic Property Fund is also operating actively in the country, having bought three trade centres in Ida-Viru County in Jõhvi. K- Rautakesko premises on Tammsaare Street were sold to EVLI. Industrial Market ESTONIA High quality warehouse and logistics investment offers are quite rare in the market, mostly because of the product specifics itself. One of the few transactions represents some “sales and lease-back”. The clothing producer Baltika sold the right of superficies of their registered property located in the Lasnamäe Industrial Park together with the logistics centre located on its territory, leaving themselves as the lessee of the property for the next ten years. Hotel Market In 2007, the Rezidor Hotel Group sold its minority share of 14.1% in the RDS Hotelli AS, owner of the 280-room Radisson SAS Hotel in Tallinn, - in a deal where the UK investor Boultbee acquired 100% of the real estate. 113 Investment Market Report States Investment Market Expectations Demand for prime cash flow generating properties will remain high. More transactions of projects with development/extension potential will be executed in the coming year. Stronger investment funds (with more own equity) will dominate, while weaker ones will transfer to other businesses. Supply of development projects will increase. Yields level has reached the bottum in 2007 and shall go slightly up in 2008 due to general situation in the global markets, slowdown of economy growth, high inflation. More sale and lease-back transactions are expected in the market. ESTONIA 114 Legal Environment Estonia started enforcing the Continental-Europe legal principles immediately after gaining the re-independence in August 1991. While the economical relations in a newly regenerated market-economy developed rapidly the reforming of the civil law system was a priority from the perspective of state policy. Report States Land reform started in November 1991, with the objective to transform relations based on state ownership of land into relations primarily based on private ownership of land. The system of German style Land Register were introduced and enforced with a great success. During the years 19931995 the main legislative acts regulating the real estate transactions were evolved: Law of Property Act, General Principles of the Civil Code Act and Commercial Code. Hardly had the national law been created, was Estonia in situation where it was necessary to bring the regulations into line with EU requirements. The transposition of the EU Aquis Communautaire started. Estonian Government started also developing the information society, where the priority was evolvement of digital state registers that could make different administrative procedures easier and more timesaving for private entities and public institutions. For transforming the economy more attractive for foreign investments, clear and advantageous tax-system was also established. All these reforms are the keys why Estonia’s economy grows at the moment demonstrably and why Estonia was the first Soviet satellite to crack the top ten in the Heritage Foundation/Wall Street Journal “Index of Economic Freedom”, ranking at the moment at World rank 12 and Europe rank 5 ahead of many Western democracies, including Finland and Germany. General Information Investing into Real Estate In Estonia the connection between the land and the building exists. Usually the buildings are considered as the inseparable parts of the land. The movables (buildings) maintain the separate status only if they are build on the basis of the restricted real rights (building title or servitudes). The real estate transaction can actually be divided into two contracts: first the transaction that requires the transfer of the right or obligation and second a real right contract. Both should be concluded in notarized form. That kind of segregation is necessary for functioning of the Land Register based immovables system, but also it provides more flexibly to regulate different legal relations. ESTONIA The real estate market has until recently showed extremely high growth. Bank of Estonia recently announced that one fourth of the whole economic growth is achieved because of the real estate sector. This remarkable accomplishment is effect of the free economy, ownership immunity principle, simplicity of legal regulations and equal treatment of both Estonian and foreign investors. Any resident or non-resident of Estonia, either an individual or an enterprise may acquire or rent buildings, flats and different real rights in Estonia. There are only some restrictions for acquiring the agricultural land or forestland and land situated in the region that has the importance for national defense. Named restrictions are mainly directed towards the residents of third countries (outside the EU and EEA). The establishment of enterprises in Estonia isn’t restricted. But same principal restrictions that were mentioned before apply to them also. Currently, the real estate market has stagnated and the market growth rate shows signs of decline towards the year 2005 levels according to Bank of Estonia. 115 Legal Environment Establishing Estonian Property Company Report States Kinds of Enterprises Limited liability companies are most common in Estonia, constituting nearly 98% of the registered companies (in October 2007 altogether 91 844 companies were registered). The two possible forms for establishing the limited liability company are: private limited company with the minimum capital approx. EUR 2,600 and public limited company with minimum capital approx EUR 26,600. There is also possibility to establish the commercial association that has also the character of limited liability, but which requires from its members active joint economic activity. If the limited liability form isn’t needed the investor can choose operating in a form of a general partnership, a limited partnership or a sole proprietor. The notary public controls the establishment of the enterprise. All the companies should be registered in the Commercial Register. The legal capacity of a legal person in private law arises as of entry of the legal person in the Commercial Register. But for securing the interests of third persons Commercial Code recognizes the transactions made by company in foundation before the registration. In this case persons establishing the company shall be solidarily liable for performance of the obligations arising from the transaction. Subsequently all the changes regarding the company’s data should be reflected in register. Only data that is reflected in register shall be held correct with regard to a third person. Opening and Closing an Enterprise ESTONIA Heritage Foundation/Wall Street Journal “2007 Index of Economic Freedom” ranked Estonia 12th after annual survey that was compiled using 50 variables, including trade policy, fiscal burden of government, government intervention in the economy, property rights, wages and prices, and informal market. The World Bank Report “Doing Business in 2008” ranks Estonia 17th economy with its business-friendly regulation. The World Bank applauds to all the Baltic States while only a bit more than a decade has passed since these countries started with the reforms. Registration of the company goes in Estonia rather quickly. All the applications for registering the company shall be submitted through the notary public or as an alternative through electronic means. That kind of control guarantees that the foundation process is lawful. After the application is submitted the registration takes normally 5 working days, provided all documentation is in order. In an accelerated procedure the process of founding a private limited company may be completed within 2 working days. Foreign investors have to keep in mind that documents in a foreign language shall be submitted to a registrar together with a notarized translation into Estonian. Closing the company is rather easy. If the closing is conclusive the liquidation process is applicable. Alternative is transformation, if the objective is to continue the existence in another form of company. The rights of the creditors are protected in both procedures through the informing obligation and creditors rights to claim for special guarantee if the transformation endangers fulfillment of the creditor’s claim. Liquidation can evolve also into bankruptcy proceeding if the assets of a private limited company being liquidated are 116 Legal Environment insufficient for satisfaction of all claims of creditors. An average bankruptcy case lasts approx 1.5 years. Report States Public Private Partnerships Despite of the fact that in Estonia there is no special legislation regulating the PPP projects, actual practice with these transactions already exists. There have been projects in environment and waste-management, real estate and infrastructure development. In upcoming years this sector is expected to increase more significantly because of the constant need for investments into public sector for providing public services. City of Tallinn has already developed different projects in cooperation of private and public sector, for example Tallinn Technology Park, Lasnamäe Industrial Park and Saviliiva residential area in Tallinn. While the public sector has understood the importance and usefulness of that type of cooperation, the different governmental institutions have been started drafting special and clearer legislation (at the moment the legal situation regarding this matter is spread between different regulations). Investment into Real Estate Acquisition of Land and Buildings The ownership of the land and buildings of residents and non-residents of Estonia are equally protected. That is guaranteed with the art 32 of Constitution of Estonia. Constitution stipulates that for the common interests the prohibition can be stipulated that only the citizens of Estonia, special type of legal entities, local authorities or state, can acquire some forms of property. Some prohibitions regarding this matter are included to State Property Act. Law of Property Act stipulates that seafloor belongs exclusively to state and delimits also the amplitude of the ownership (until the height or depth were special interest of the owner can be identified). There are also several environmentprotecting regulations that also restrict the acquiring of land in some areas. But all of these regulations apply to residents of Estonia also. For acquiring the commercial plots, buildings, flats and other premises there are no restrictions imposed by Estonian law. Also all the real rights and ESTONIA The main significant prohibition for acquiring land in Estonia derives form the objective to protect the local farmers and foresters and to develop clear areas for agriculture and forestry. The foreigner-investors are divided into two groups: residents of EEA and non-residents of EEA. The first group of investors is required to tolerate the transitional period of seven-years that was agreed with the EU. During the transitional period EEA residents are allowed to acquire farming and forest land more than 10 hectares only if the have been permanently resided and engaged in agricultural activities at least three years (natural persons) or they are registered in Commercial Register and have been permanently engaged in agricultural activities at least three years. The companies are allowed to acquire such land on condition that they are registered in Commercial Register (at least as a branch) and they are also been engaging with agricultural activities at least three years. If the person shall not correspond to the above mention requirements then it is allowed to acquire land only with the permission of county governor. After transitional period (until 2011) the criteria of origin shall be annulled for the EEA residents. It shall remain valid only for investors outside the EEA. 117 Legal Environment obligations and transaction costs (notary fees, state fees etc) are identical to foreign and domestic investors. Report States Privatization In land reform unlawfully expropriated land is returned to its former owners or their legal successors or they are compensated therefore, secondly land is transferred for or without charge into the ownership of persons in private law and legal persons in public law (privatization) or to local governments (municipal ownership) and thirdly some land is retained also in state ownership (first alternative for privatization). Once the property is retained to state ownership it can be also subsequently transferred to private entities (regulated in State Property Act) (second alternative for privatization). If the privatization takes place as a part of the land reform, then there are special reform regulations for that and special conditions who can acquire property through that procedure. A foreign legal person may privatize the land necessary for servicing a structure owned by the foreign legal person with the permission of the county governor. In such case, the branch of the foreign company must be entered in the Commercial Register. If the privatization takes place after the land reform is ended then the foreign legal person can acquire land on the same conditions as domestic investors, usually through the auction if there aren’t other restrictions that were mentioned in clause 1.3.1. Special agency dealing only with privatizing matters doesn’t function any more (formerly there was Privatization Agency), cause mainly the land reform has been completed. The latest information about objects for privatization can be obtained from the local authorities. Financing ESTONIA Different type of real estate financing is available. Most banks provide so-called investment-loan to companies, the purpose of which is acquisition of fixed assets or building office-, warehouse- or production facilities. For companies the maximum period of loan contract is 10 years. Natural persons can finance their acquisitions with mortgage-based home-loans that are available up to 40 years. Self-financing is usually in commercial field around 34% of the costs of the loan project. Home-loans have a self-financing level of 10% of the cost of the home. The borrowing in Estonia is rather inexpensive. The average interest for companies for bank loans is 7%, and for natural persons around 6%. There are several guarantee instruments also available: for companies – a guarantee of Credit and Export Guarantee Foundation (KredEx) may be applied for covering up to 75% of the loan amount, in rural areas also a guarantee of Maaelu Edendamise Sihtasutuselt - MES, for covering up to 75% of the loan amount. It should be noted that while these instruments are for promoting the enterprises established in Estonia, then there are restrictions in providing these guarantees directly to foreign companies. But while there are no restrictions regarding the origin of the capital then these financial instruments are also worth examining. Loan and personal suretyship agreements with natural persons should be in written form, otherwise considered null and void. All the contracts regarding the pledges should be signed in notarized form (also if the mortgager is a company). 118 Legal Environment European Structural Funds Report States There are numerous amount of different programmes co-financed by EU structural funds. Some of them are for example: Research and Development Institutions’ Infrastructure Development Programme, Marketing and Product Development Programme for Travel Trade, Business Infrastructure Development Programme etc. it must be kept in mind that the funding is dedicated solely to the Estonian market. But while there are no restrictions regarding the origin of the capital in concrete company, then through the investment schemes, foreign investors can also take advantage of the funding possibilities. Of-course the funded projects should be carried out in Estonia and should be dedicated in favour of the Estonia’s economy. Enterprise Estonia is one of the largest institutions within the national support system for entrepreneurship in Estonia, providing financing products, advice, partnership opportunities and training for entrepreneurs, research and development institutions and the public and third sectors. Ministry of Economic Affairs founded Enterprise Estonia in 2000, with the aim of promoting the competitiveness of the Estonian entrepreneurial environment and Estonian businesses, thereby increasing prosperity. Information regarding the funding possibilities are simply obtainable through that institution. Mortgages ESTONIA Real estate mortgages are the most common collaterals used by natural persons and companies for securing their loans before financial institutions. Mortgaging the real estate is one opportunity to dispose the real estate. Mostly there are no restrictions for mortgaging the property. Restrictions that might be in connection with some real estate are mainly cause of the earlier agreements between the real estate owner and for example the restricted realright owner (for example person having the building title to the land). This kind of restrictions should be written up to the Land Register, because otherwise these aren’t valid regard to the third persons. Mortgaged property remains to the ownership and possession of the owner and does not eliminate the owner’s rights to use and dispose of the mortgaged property. Only the usage and disposal shouldn’t hamper the rights of the mortgage holder nor decrease the value of the mortgaged property. Like other real estate transactions the contract for encumbering the real estate with the mortgage should be concluded in the notarized form and mortgage shall be considered effective after such remark is registered in Land Register. It might take up to two months for making the registration into the register. Sale-Purchase Agreements Imperative form-requirement is applying for the sale and also for encumbrance contracts of real estate. All the contracts relating with the ownership or disposal of the real estate (mortgaging, encumbrance with usus fructus or building title etc.) have to be notarized. Notary public verifies the identity of the parties, their authorizations and the agreement for its legality and also sends the contract to Land Register for registration. Further transactions with real estate, relating the real rights can be concluded only if the acquirer is registered in the Land Register as the owner. The Land Register represents extremely high importance, cause only after the registration, the acquirer can be considered as owner of the real estate. Without such registration only agreement on the 119 Legal Environment basis of Law of Obligations can be concluded between the future owner and the third party. Report States Regarding with the private international law it should be mentioned that ius res domicili is applicable. It means that the creation and extinguishment of a real right shall be determined pursuant to the Estonian law if the thing was situated in Estonia at the time of creation or extinguishment of the real right The notary fee depends on the amount of transaction. The exact sum can be checked from the list of notary fees. But approx it is around 0,3% of the amount of transaction. The fees are regressive. The lower transaction amount equals to a bit higher percentage of the fees. VAT (18%) shall be also added to the notary fee. Land Register Land registry departments of county and city courts shall maintain Land Registers. All immovables shall be entered in a Land Register unless otherwise provided by law. An independent register part is opened for each immovable entered in a Land Register and a separate number (registered immovable number) is assigned thereto. In addition all real rights relating to an immovable are entered also in a Land Register and also all changes of real rights, the restrictions of disposal and civil cases brought to the court regarding real estate. In conclusion, form the Land Register the interested person should obtain adequate information in connection with all the immovables. All the data in register shall be held correct with regard to a third person. Real estate transactions are taxable with state fee (riigilõiv). The amounts depend of the value of the immovable and the exact fees can be determined on the basis of the state fee table stipulated in State Fee Act. The approx amount is 0,2-0,4% of the value of the immovable. Planning and Development ESTONIA In connection with the real estate transactions the most important type of the plans is detailed plan, which is prepared with the aim of establishing land use provisions and building provisions for cities and towns and for other areas and in other cases where detailed planning is mandatory. The higher levels of the planning are: comprehensive plan, county plan and national spatial plan. The preparation of detailed plans is mandatory for areas located in cities and towns in the following cases: as the basis for new buildings, except for outbuildings of detached houses, outbuildings of summer-houses, outbuildings of garden houses and other small buildings with an area occupied by buildings of up to 20 m2; as the basis for the expansion of the cubature above ground of existing buildings; in the event of land areas being divided into plots. Administration of planning activities within the administrative territory of a rural municipality or city is within the competence of the local government. The local government is also allowed to conclude the contract with private entities for organizing the planning. The detailed plan shall regulate following: determine the building rights of a plot; delimit the area that can be occupied by buildings; determine the areas and traffic management of streets, the principles for planting vegetation, the 120 Legal Environment location of utility networks and technical infrastructure; establish environmental provisions for implementation of the plan; make proposals, where necessary, for placing areas and objects under protection; establish the essential architectural requirements for buildings; determine the scope of other restrictions on immovable property ownership arising from different legislation in planning areas etc. Report States There are no special restrictions imposed on the foreign companies. Planning regulation applies with all its conditions to all the landowners, despite of their nationality or place of business. Anyone may make a proposal for initiation of the preparation of a plan, but regarding with the detailed plan a local government shall initiate and administer the procedure. If the initiator finds that the local government had no grounds for dismissing the proposal for initiation, it can apply for the administrative court. The building (also reconstructing or expanding) is allowed only on the basis of building permit. Building shall be performed pursuant to building design documentation, except in the event of the building of small construction works. A building permit does not grant the holder thereof the right to build without the permission of the owner of the land unit or construction works specified in the building permit. A building permit can be obtained from the local municipality if the developer submits required documentation (list is stipulated in the Building Act). A building permit is granted for an unspecified term, but it becomes invalid if building is not commenced within two years as of the date of issue of the building permit. A completed construction works or a part thereof may be used only for the purpose prescribed therefore. The building can be used only if a local government has issued a permit for use of a construction works. A permit for use shall be issued after the construction works has been reviewed and is declared to conform to the requirements. The local government has the right to involve persons and institutions, which are competent to review construction works in the review thereof, and such persons and institutions shall present their opinion in writing. Afterwards the municipality is entitled to control the usage of the building. In case of misuse of the building or non-fulfilment of public requirements (repairment obligation, maintaining of the surrounding etc) the local municipality has a right of making the compulsory predescriptions. ESTONIA Leasing of Real Estate Leasing the real estate and its conditions are subject of the lease agreement between the owner and the lessee. There is no imperative form applying for leasing contracts, but it should be mention that if the accommodation-leasing contract for period more than one year is concluded in oral form, then it is considered to be concluded without deadline. Legal acts don’t constitute any remarkable restrictions regarding the leasing. But it should be noticed that the accommodation-leasing clauses stipulated in the Law of Obligations are usually considered imperative. The period of the lease is subject to agreement. Upon the change of the landowner, the new owner takes over imperatively all the rights and obligations of the landlord. But if there is no registration of the leasing contract in Land Register, then the new owner can within three month terminate the effective leasing contract. If the registration is made, then the termination right shall not apply. 121 Legal Environment More detailed regulation is stipulated in connection with the real estate, owned by the state or local municipalities. In this case the leasing contracts are usually concluded through the auction with the person submitting the higher fee for the lease. The possible leasing periods are following: rooms maximum 10 years, movables maximum 5 years, and other real estate maximum 50 years (leasing on the basis of obligation law). It is possible to lease state or municipality owned real estate also on the basis with real rights. In such cases the conclusion of the contract happens also usually through the auction, but there are more detailed regulations and requirements. The deadlines for encumbering the real estate with usus fructus are following: 15 years for agricultural land, if the person uses the land already on the basis of the Estonia SSR Farmers’ Act, then for 99 years, other cases maximum for 50 years. Report States Investment Protection There is no special internal act regulating the protection of the investments into the Estonia’s economy. The main principle applicable is the protection of the property and capital despite of its origin. Also the EU free capital movement principle is a guarantee for investors that all the companies from the EU countries should be treated equally. In connection with the dispute resolution it should be mention that usually the action should be filed according to location of defendant. There is also possibility determining the court jurisdiction with the agreement and then the contractual agreement is premier. Estonia recognizes also the jurisdictions of the different arbitrage courts. In Estonia for example, The Arbitration Court of the Estonian Chamber of Commerce Industry is operating. This is a permanent arbitration court, settling disputes arising from contractual and other civil law relationships, including foreign trade and other international economic relations. The court has the authority to make a decision if at least three of its arbiters participate in its activity. The decisions of the arbitrage court become effective at the moment of their adoption are final and cannot be appealed (appellation is possible only in connection with the procedural breaches). ESTONIA Bilateral agreements concerning the promotion and reciprocal protection of investments are concluded with following countries: the USA, Denmark, Finland, Sweden, France, Norway, the Netherlands, Germany, Switzerland, Poland, China, Israel, the United Kingdom, Austria, the Czech Republic, Ukraine, Lithuania, Belgo-Luxemburg Economic Union, Latvia, Italy, Greece, Turkey and Spain. In case of investment disputes foreign investors have the right directly address the International Centre for Settlement of Investment Disputes. 122 Taxation Estonia’s tax regime is generally business-friendly. Especially the Estonian system of corporate earnings (income) taxation, with its flat rate of 21% (the rate shall fall down to 20% in 2009), is considered as one of the most liberal and innovative tax regimes in the world, as it shifts the moment of taxation from the moment of earning the profits to the moment of their distribution. Thus the undistributed profits are not subject to income taxation, regardless whether invested or merely retained. Report States The short overview provided here below focuses on the Estonian taxes and aspects of these relevant to real estate owners, lessors and developers and is not aimed at providing a thorough coverage of the Estonian taxation framework. However, a local advocate or tax advisor should always be consulted on the legal risks and effects when planning an investment into or a transaction with the real estate in Estonia. Income Tax There is no classical corporate income tax system in Estonia. The Estonian companies do not pay income tax on the profit derived from their enterprise, for example from transactions (sale, lease etc) related to real estate. Instead of taxation of the profit earned by resident companies, actual and deemed profit distributions (usually done in the form of dividends) are taxed by the rate of 21% on the gross amount of the distribution. Thereby, the main difference of the Estonian system from corporate income tax systems in other countries is the timing of tax liability. However, several other general elements of the traditional corporate income tax in a way still exist. For example, expenses that are not deductible in a traditional system are taxable in Estonia. These may be fringe benefits; gifts, donations and representation expenses; and expenses and payments not related to business. In addition to such profit allocations (“distribution” is treated wider than direct dividend payments), transfer-pricing rules apply against hidden distributions of profits. ESTONIA Under the traditional system, the starting point (the basis) for taxing profits of a company is usually profit and loss account that is calculated according to the accounting rules and then it will be adjusted according to the tax rules. In Estonian system, dividends reflect the commercial profits and in addition to that, non-deductible expenses are taxed. Estonian simple system lies on cash-basis accounting and in view of taxation there is no need for amortization and depreciation rules. In terms of taxation, there is no difference between investments through Estonian partnerships and limited liability companies because they are all similarly treated tax-wise and considered non-transparent for tax purposes and subject to corporate income tax. Furthermore, the profits of the permanent establishments of non-residents are taxed in a similar manner as income of a resident company i.e. only on distributions or deemed distributions. However, as in the latter case there are no dividends, the direct distributions of the permanent establishment are considered to be the assets taken out of it (for tax base the input assets are subtracted). There is also separate (additional) withholding tax of 21% on dividends paid to non-resident legal entities if the recipient has less than 15% of the 123 Taxation shareholding in the distributing local company. In case there is a double taxation avoidance treaty executed between Estonia and the country where the recipient is residing, the mentioned withholding tax rate is lowered usually to 15%. However, similarly to the residents no additional withholding income tax is charged on dividend payment received by a non-resident natural person. Report States In case the activities of the company for example to acquire real estate is financed through loans, the income tax is not charged on interest received by a non-resident, if the rate of the interest corresponds to the market conditions. However from the part of the interest crossing the usual rate the income tax of 21% is withheld unless there is a double taxation avoidance treaty, which lowers the tax rate to 10%. With regard to the gains or income derived by a non-resident (natural or legal person) respectively from a transfer or lease of real estate (also transferred real right or claim related to an immovable) located in Estonia the income tax of 21% is charged. As the gains derived by a non-resident from the transfer of securities are considered to be outside of Estonian based source of income, such gains are not taxed in Estonia. However there are exceptions. The payments of liquidation proceeds and the ones made upon the reduction of the share capital exceeding the acquisition cost of the holding, made to a non-resident by a resident legal person, are taxed by 21%. Furthermore, income tax is also charged on gains derived by a non-resident from the transferred shareholding, if it is a holding in a company of whose property, at the time of the transfer or during a period within two years before transfer, more than 50% was directly or indirectly made up of real estate located in Estonia and in which the non-resident had a holding of at least 10% at the time of transfer. Value Added Tax ESTONIA The transfer and letting of real estate is generally exempt from value added tax, the general rate of which in Estonia is 18%. However in certain cases provided by the law such supply (transfer or letting of real estate) is compulsorily taxable or it is taxable because the seller or lessor has chosen to charge the value added tax on such supply. Tax exemption is not applied to construction works and parts thereof and to the land under these transferred before the commencement of use of the construction works and to the plots of land where there are no construction works but the plot is intended for building purposes and located in an area where the preparation of a detailed plan (establishing land use and building provisions) is mandatory. The principle here is that real estate shall be taxed if it is transferred by a taxable person (usually not a natural person, but a person engaged in business in Estonia and registered here as a taxable person) before the first actual commencement of use of the new constructed building on the purpose provided in the project and in order to avoid cumulating taxation the further sales of it are exempted from tax. 124 Taxation Repaired and reconstructed buildings are generally not taxed. But, if the building on the real estate is substantially enhanced (the costs of which cross the acquisition cost of the building by 10%) and the real estate is transferred before the recommencement of use of the building following the enhancement, the exemption does not apply. Report States However, if the taxable person has used the aforementioned right of option (the seller’s voluntary right to charge value added tax on supply of real estate) then the right to deduct the input value added tax is preserved. However if the tax exemption of the supply of real estate is applied such right to deduct the input tax is lost. It may be argued that it is useful to apply the tax exemption when the purchaser or the lessee is a natural person or an entrepreneur whose supply is tax-free (e.g. credit institutions) as the tax saved from the sales supply is bigger than the lost input tax. However, it may be useful to charge the tax if the purchaser or the lessee is another entrepreneur who is using the building for its taxable supply and thereby has the possibility to deduct the whole tax on the transaction as the input tax. Considering the principles that the value added tax is an indirect tax and the tax burden should not be on the entrepreneur but is finally laid on the consumer then, as a general rule if the sales value added tax during a taxable period (1 month) is less than the amount of input tax deductible by the taxable person during the same period, the overpaid tax will be refunded to the latter one upon application. Furthermore, with respect to real estate the period of adjustment of input value added tax is 10 calendar years. Thus, a taxable person who acquires, constructs or repairs buildings for its business purposes has the right to deduct input tax if the building is used for at least 10 years for its taxable supply (e.g. rents it out or uses it as its production or office building). If the building is transferred before the passing of the 10 years tax-free or it is used for non-taxed supply (e.g. rents it out tax free) then for each year of the 10-year period, when the building was not used for taxable supply, 1/10 of the input tax initially deducted has to be adjusted and re-calculated. ESTONIA Finally, it should be mentioned here that the Estonian Value Added Tax Act has implemented a number of EU directives covering value added taxation including the so called 6th VAT-directive (Council Directive 2006/112 of 1.01.2007) on the harmonization of the laws of the member states relating to turnover taxes. Land Tax The only property tax imposed in Estonia is land tax, which is based on the assessed value of land (only the clean plot) determined by the law. Generally, the land tax is imposed on all land however with several exceptions and it is payable by the owner or by a certain user of the land. The land tax rate, established by the municipalities, is between 0,1 – 2,5% of the assessed taxable value of the land annually. 125 SWOT Analysis of the Current Baltic Commercial Property Market A SWOT analysis is the most common tool in analysing the expected performance of equities. It describes the strong and weak sides of an investment together with its opportunities and threats. It does not pretend to give an exact answer to the dilemma of whether to invest or not to invest, but illustrates the expected yields and risks. Report States Strengths High quality real estate objects Demand for prime properties in attractive locations (mostly from foreign investors) Fairly developed market Still high potential for separate segments (hyper/supermarkets, warehouses) development Potential for development and extension projects (adding value by redeveloping) Weaknesses Still high expectations about property values from the sellers’ side Lack of parking space in the city centre and near office buildings Shortage of land plots for prime properties’ development Lack of professional large scale international real estate developers The EU membership Transparent investment environment Well-educated labour force Stable political climate with a democratic spirit Development of western consumer habits Opportunities Threats Due to growing financing costs investments require a larger proportion of equity and stronger position in the market Sharply growing inflation rate will slow down domestic consumption Longstanding slowdown of economic growth might cool the property market (less demand for new space, less transactions, etc.) Relatively low yield rates might shift international investments into other countries. 126 Company Profile Report States Since 1989, KOBA has striven to be a serious, competent and professional real estate consulting company, constantly adjusting to the conditions within an ever-changing market. Today, our organisation is composed of qualified and motivated employees always focused on the needs of our clients. We are organised in various business fields ensuring that each employee has a sound general knowledge of the property market to complement a profound insight into his or her specialist field. This enables us to provide added value to our clients, not only as real estate consultants, but also as professional and trustworthy advisers and partners at the strategic level. KOBA UAB Konstitucijos Av. 7 LT-09308 Vilnius Lithuania Tel. +370 5 2487222 Fax +370 5 2487223 koba@koba.lt www.koba.lt KOBA was established in Copenhagen in 1989, and opened an office in Vilnius (Lithuania) in June 2000. The organisation into business fields enables us to operate in all parts of the Baltics and beyond. Investment Acquisition and sales of investment property. Preparation and implementation of buying and selling strategies combined with consulting services. Valuation Maintenance of high professional competence in valuation services related to change of ownership, property financing, accountancy, and expert appraisals. Corporate Services Selling and leasing offices and industrial premises. Locating headquarters for large and small businesses. Retail Real estate services to retail chains wishing to acquire or sell shops, including strategic consulting services. Letting and sales of retail shops. Hotels Providing market analysis, consultancy and advisory services to local and international hotel property operators, owners and investors. Property Management Various assignments related to property management, including collection of rent, care-taking and maintenance. Research Preparation of newsletters addressing the market situation, preparation of market reports, market analyses, and continued monitoring and evaluation of market conditions. Special Projects Group Complex projects, highest and best use analysis, public companies’ and large corporate’ projects. 127 Company Profile Report States Profile Jurevièius, Balèiûnas & Bartkus is a professional law partnership acting as a legal counsel to domestic and foreign, private and public legal entities. The professional law partnership was established under the leadership of four partners: Gintautas Bartkus, a distinguished specialist in private law, former Minister of Justice in the 11th Government of the Republic of Lithuania; Gintaras Balèiûnas, a distinguished litigation expert, former Minister of Justice in the 9th and 10th Governments of the Republic of Lithuania; Raimundas Jurevièius, an experienced international commercial lawyer, and Gytis Kaminskas, a prominent expert in the EU law. In the last years, Jurevièius, Balèiûnas & Bartkus welcomed four new partners: professor Valentinas Mikelënas, former judge of the Supreme Court of Lithuania, one of the most prominent experts of civil law in Lithuania well established abroad, the author of a number of scientific articles, handbooks and studies; Kæstutis Jungevièius, a distinguished real estate law expert experienced both in the legal and management spheres; Lina Mikalonienë, an experienced lawyer in corporate law and in mergers & acquisitions; Iraida Þogaitë, a distinguished expert in competition and distribution law as well as public private partnerships. Jurevièius, Balèiûnas & Bartkus Professional Law Partnership Subaèiaus 7 LT-01127 Vilnius Lithuania Tel.: +370 5 274 24 00 Fax: +370 5 274 24 44 E-mail: Advocate@jbblegal.lt www.jbblegal.lt Jurevièius, Balèiûnas & Bartkus is a member of Baltic Legal Solutions. Baltic Legal Solutions currently includes Jurevièius, Balèiûnas & Bartkus in Lithuania, Kronbergs & Èukste in Latvia, Teder, Glikman & Partnerid in Estonia and has around 80 practicing lawyers. Through this legal network and through relationships with other outstanding law firms and attorneys, Baltic Legal Solutions is able to serve the needs of every client, no matter in what country his needs may arise or how large the transaction may be. Jurevièus, Balèiûnas & Bartkus is also a member of one of the leading associations of European law firms, the Pinsent Masons Luther Group (PMLG). In total, the association brings together almost 1,400 lawyers in 35 offices across Europe. Members firms have a strong track-record of collaborative working, with particular synergies in real estate. Services General Practice, Mergers & Acquisitions Law, Corporate Law, Insolvency Law, Distribution Law, Competition Law, Finance & Banking Law, EU Law, Transport Law, Insurance Law, Environment Law, Energy Law, Real Estate Law, Employment Law, Intellectual Property and Information Technology Law, Litigation & Arbitration, Tax Disputes, Lobbying. People The team of Jurevièius, Balèiûnas & Bartkus brings together lawyers with professional experience gained in law firms, audit and consulting firms, Lithuanian Ministry of Justice, Vilnius University Law Faculty, the Supreme Court of Lithuania, the Court of Appeals of Lithuania, other state and municipal institutions. The majority of the lawyers have been trained in foreign law schools, including J. W. Goethe University (Germany), Jean Moulin University, Lion (France), John Marshall Law School (USA), University of the Pacific McGeorge School of Law (USA), Utrecht University (the Netherlands), Lyon Catholic University (France), Riga Graduate School of Law (Latvia), University of Lund (Sweden). The lawyers of Jurevièius, Balèiûnas & Bartkus have broad international experience with the European Commission bodies, European Bank for Reconstruction and Development, Council of Europe. 128 Company Profile Report States Local Dimension Kronbergs & Èukste is a full service law firm, specializing in corporate commercial law, energy & utilities, and real estate and construction, founded by two former accounting firm legal practice partners, Valters Kronbergs & Vineta Èukste. It consistently performs well in reputable legal market analysis guides such as the LEGAL 500, Chambers, the International Financial Law Review and the Practical Law Company. Baltic Dimension Kronbergs & Èukste is a founding member of Baltic Legal Solutions, a panBaltic integrated legal network of law firms which included Teder Glikman & Partnerid in Estonia and Jurevicius, Balciunas & Bartkus in Lithuania. This high quality legal network has the ability to provide a one-stop-shop approach to all of the client’s needs in the Baltics. Kronbergs & Èukste Attorneys at Law Kronvalda bulvaris 3-5 LV-1010 Riga Latvia New address after Sept 1, 2008: Muitas iela 1 Tel.: +371 67043803 Fax: +371 67043804 email: advocate@kclegal.lv www/kclegal.lv Pan European Dimension Kronbergs & Èukste, together with the aforementioned Estonian and Lithuanian members of Baltic Legal Solutions, is a founding member of the Pinsent Masons Luther Group, known as ‘PMLG’, established on 12 December, 2006. Other founding members include Luther (Germany); Granrut (France); Karasek Wietrzyk (Austria); Gobert, Fest & Partners (Hungary); and Pinsent Masons (United Kingdom). PMLG is more than a name. Our firms have been working closely together, focusing on those areas where we are recognized in the marketplace for our expertise: competition; corporate; employment; IP/IT; PPP; real estate and construction. Our aim is to match the international reach of our clients, freeing them from the time-consuming business of windowshopping for a local firm, and delivering a seamless, first-class service on time and to budget. Our client-facing work is supported by a common infrastructure including joint training events, a secondment program, the development of a common quality and risk management procedures and shared technology. 129 Company Profile Report States Glikman & Partnerid (formely known as Teder, Glikman & Partnerid) is one of the leading Estonian law firms, situated in Tallinn, the capital of the Republic of Estonia. Glikman & Partnerid was established in 2004 as a result of merger between two law firms - Teder & Partnerid and Glikman & Glikman. Founded respectively in 1992 and 1991 Teder & Partnerid and Glikman & Glikman were among the first independent law offices in Estonia. Integration of the strong litigation practice of Glikman & Glikman with a long-term experience of Teder & Partnerid in M&A and commercial law allowed us to become a truly full-service law firm. Glikman & Partnerid is able to provide local experience combined with full range of legal services to both domestic and international corporate clients. We have an indepth understanding of business, cultural and political environment in the Estonia. This combined with our international expertise ensures that we provide legal services of the highest quality in both the private and public sectors. Glikman & Partnerid has 17 lawyers. We place great emphasis on the training and development of our partners and staff in both current legal and business issues as well as internationally. Good communication is an essential part of effective business relationships. We therefore ensure the most of our staff are bi-lingual in Estonian and English and many are capable of working in Russian, German, French, Finnish and Swedish. GLIKMAN & PARTNERID LAW FIRM 2 Tornimäe 18th floor 10145 Tallinn Estonia Phone: +3726657070 Fax: +3726657071 www.tgplegal.ee Contact partners: Mrs. Mariana Hagström Mariana.Hagstrom@tgplegal.ee Mr. Leon Glikman Leon.Glikman@tgplegal.ee Mrs. Daisy Tauk Daisy.Tauk@tgplegal.ee We have substantial experience in commercial and corporate transactions and we are renowned for our dispute resolution practice. The main areas of practice are: Infrastructure & Transportation EU & Competition Corporate & Commercial Real Estate & Construction M&A Energy & Utilities Tax Environment IT & Communications Medical & Pharmaceuticals Banking & Finance & Healthcare Litigation & Arbitration & Dispute Resolution Glikman & Partnerid consists of the litigation and business teams, which have been developed to ensure that clients receive advice from lawyers who are always experts and often leaders in their field. Our litigation team is headed by partner Leon Glikman, LL.M. (Harvard) and business team by partners Mariana Hagström, LL.M. (Stockholm) and Daisy Tauk, LL.M. (Stockholm). Most of our lawyers possess professional knowledge not only in law, but also in other areas, such as business management, corporate finance and public relations. Glikman & Partnerid is a member of Baltic Legal Solutions, which is a Pan-Baltic alliance combining three well-established firms – besides Glikman & Partnerid in Estonia Jurevicius, Balciunas & Bartkus in Lithuania and Kronbergs & Cukste in Latvia and has over 80 practicing lawyers. Through this legal network and through relationships with other outstanding law firms and attorneys, Baltic Legal Solutions is able to serve the needs of every client, no matter in what country his needs may arise or how large the transaction may be. Glikman & Partnerid is also a member of one of the leading associations of European law firms, the Pinsent Masons Luther Group (PMLG). In total, the association comprises over 360 partners operating out of 36 offices across Europe. Members firms have a strong track-record of collaborative working, with particular synergies in Real Estate. The pan-European network will provide a formidable cross-border legal services resource for clients doing business in the region. 130 Company Profile Report States Ernst & Young is a global leader in assurance, tax, transaction and advisory services. Worldwide, our 130,000 people are united by our shared values and an unwavering commitment to quality. We make a difference by helping our people, our clients and our wider communities achieve potential. Ernst & Young employs over 500 people in the Baltics. For more information, please contact us in: Vilnius, Lithuania Ernst & Young Baltic UAB Subaèiaus 7 LT-01127 Vilnius Lithuania Tel. + 370 5 274 22 00 Fax + 370 5 274 23 33 Vilnius@lt.ey.com www.ey.com/lt www.ey.com © 2008 Ernst & Young. Riga, Latvia Ernst & Young Baltic SIA new address as of August 2008: Kronvalda Boulevard 3-5 LV-1010 Riga 1 Muitas street LV-1010 Riga Latvia Tel. + 371 67 043 801 Fax + 371 67 043 802 Riga@lv.ey.com www.ey.com/lv Tallinn, Estonia Ernst & Young Baltic AS Rävala pst 4 10143 Tallinn Estonia Tel. + 372 6 114 610 Fax + 372 6 114 611 Tallinn@ee.ey.com www.ey.com/ee COPYRIGHT © KOBA UAB. 2008. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means without prior written consent of KOBA UAB. It is based on material that we believe to be reliable. Whilst every effort has been made to ensure its accurancy, we cannot offer any warranty that it contains no factual errors. All information provided by the parties is prepared as of 1 March 2008. 131 Report States 132