Key Regulatory Developments in Belgium

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EU Banking & Finance Newsletter - July 2018
Key Regulatory Developments in Belgium

Key Regulatory Developments in Belgium

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July 27, 2018

Source/Date	Brief description
RD 23 April 2018 (published 17 May 2018) – B-REIT RD	RD amending RD of 13 July 2018 on regulated real estate companies (B-REITs) published This RD is an amendment to the RD of 13 July 2014 on regulated real estate companies (B-REITs). This amendment was essential to align the existing RD with the changes to B-REIT Act of 12 May 2014 as introduced by the Act of 22 October 2017. The goals are threefold: Enhance the collaboration between REITs and between REITs and other market participants; Expand the asset classes in which the B-REITs can invest in order to include PPPs in the infrastructure and the energy sector; and Introduction of a “Social REIT” as a new type of public REIT that allows for investment in real estate used for educational purposes and in the health sector. Under certain conditions, i.e. an investment of €100,000 or more, individuals are allowed as shareholder in an “Institutional B-REIT”. As a result family owned real estate can now be contributed to an Institutional B-REIT by which it benefits, among others, from the same transparent tax regime. Control provisions have been abolished and in case of JVs the participation threshold has been reduced to 25 % plus one share in the subsidiary (“perimeter company”). The articles 18 to 22 of the old B-REIT RD have been abandoned. These provisions provided for a rigid requirement of control in a JV and an obligation to include call/ put options in favor of the REIT in case of a deadlock situation whereby the sale price needed to be determined by an expert. Click here

Source/Date

Brief description

RD 23 April 2018 (published 17 May 2018) – B-REIT RD

RD amending RD of 13 July 2018 on regulated real estate companies (B-REITs) published

This RD is an amendment to the RD of 13 July 2014 on regulated real estate companies (B-REITs).

This amendment was essential to align the existing RD with the changes to B-REIT Act of 12 May 2014 as introduced by the Act of 22 October 2017.

The goals are threefold:

Enhance the collaboration between REITs and between REITs and other market participants;
Expand the asset classes in which the B-REITs can invest in order to include PPPs in the infrastructure and the energy sector; and
Introduction of a “Social REIT” as a new type of public REIT that allows for investment in real estate used for educational purposes and in the health sector.

Under certain conditions, i.e. an investment of €100,000 or more, individuals are allowed as shareholder in an “Institutional B-REIT”. As a result family owned real estate can now be contributed to an Institutional B-REIT by which it benefits, among others, from the same transparent tax regime.

Control provisions have been abolished and in case of JVs the participation threshold has been reduced to 25 % plus one share in the subsidiary (“perimeter company”). The articles 18 to 22 of the old B-REIT RD have been abandoned. These provisions provided for a rigid requirement of control in a JV and an obligation to include call/ put options in favor of the REIT in case of a deadlock situation whereby the sale price needed to be determined by an expert.

Click here