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This study explores the legal sources and transparency of information in German real estate appraisal methods, focusing on the Construction Code (Baugesetzbuch) and Valuation Decree. It discusses the definition of market value, differentiation from mortgage value, and compares it with the British market value definition. Valuation methods such as the Cost Replacement Method and Price Comparison Method are analyzed, highlighting the challenges and solutions in the comparison process. The text delves into the specific criteria of market value determination and the role of valuation committees in ensuring accuracy and reliability in property appraisals.
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Comparison of German and Anglo Saxon Real Estate Appraisal Methods Steffen Sebastian, Tobias Schnaidt
Legal Sources and Transparency of Information Legal Sources The Construction Code (Bau-gesetzbuch) contains the central elements regarding the creation of local committees of valuation experts and the general definition of market value The principles of formulation for the market value are stated in the Valuation Decree (Wertverordnungvom 06.12.1988 / WertV 98) Even though the decree is not mandatory for non-public transactions, German property valuations are based solely on this legal framework Transparency of Information Solicitors are obliged to transmit to the valuation committees a copy of the contract for each property transaction The Committee constructs a database from the information gathered Price development indices and other key figures are made accessible to the public Transaction information remains strictly confidential
Definition of Value Definition of Market Value The market value if defined in §194 Construction Code: "... the price which may be achieved under regular trading conditions depending on the legal circumstances and characteristics, depending on the general nature and the site of the land [...] without regard to any exceptional or personal circumstances ". Criteria of Market Value Legislation interprets this definition by establishing that the market value is the price which would "probably" be achieved under normal conditions “Price” • Presumption of a previous transaction "Probable Value" • A value that lies aroundtheaverage value of potential values
Differentiation to other Value Definitions Mortgage Value (Beleihungswert) Definition according to §12 of mortgage bank act "The value which is assumed for the loan security must not be greater than the market value determined by a cautious formulation. In determining this value, only the durable characteristics of the property [...] may be taken into account“ In practice, the mortgage value is based on the market value reduced by certain allowances against the net revenue Allowance of 10 - 40% British Market Value Definition “The estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s length transaction after proper marketing wherein the parties have acted knowledgeably, prudently and without compulsion” RICS Red Book 2003 Definition was adopted to the fit the definition of the IVSC .
Valuation Methods Determination of Market Value The Valuation Decree specifies formulation techniques for the following valuation methods Cost Replacement Method Price Comparison Method, which includes: • the “By Comparison” Method • the "By Revenue" Method No provision for financial mathematical methods in the German Valuation Decree (Included in the ImmoWertV2010) Valuation Methods The market value is determined by the most significant result of the three valuation methods “By Comparison” Method “By Revenue” Method Cost Replacement Method
Cost Replacement Method Method Based on the concept of "natural value", i.e. the sum of all the manuacturing costs Different possibilities of use, and in particular future revenue are not taken into account Only used when no income stream can be determined (owner-occupied) and no comparable transaction exists Calculation Market Value =ActualCostsofReproduction -Deductionsdepending on thelevelofwearandtear
Comparison Methods Comparison Problems The comparison method has its roots in the concept of efficiency in the financial markets Theory: Prices reflect the amount that an average of all participants in the market were prepared to pay at a specific time Problem: properties are far more heterogeneous than securities because the individual factors such as age, site, physical condition and current occupation are of great importance Problem: Property markets have infrequent trades, are intransparent and not capable of managing all the information Property markets are the opposite of an efficient market
„By Comparison“ Method Method The whole market is segmented into different heterogeneous categories depending on the factors which determine the value §3 to 5 of the Valuation Decree itemises the qualitative (type of use, site) and quantitative (age, area, etc.) value factors Transaction data is used to determine a representative price for each segment Segmentation Seperate segments are formed for properties which are distinguished by qualitative value factors Distinguishing quantitative factors within a segment are considered with adjustments in market value Example: An office block in Berlin is not compared with a hotel in Frankfurt. A residential property is compared with older/younger residential properties in the same city
„By Comparison“ Method Conversion Coefficient The committee of valuation experts establishes reference prices for land for the whole region they manage The technique consists of attributing a reference value for a fictituous type of land regarding its main characteristics, in particular COS Land value differences which are the result of different COS are considered with adjustments according to a conversion coefficient Land Price Valuation Example: The value of the land type in Cologne is calculated at 200 €/m2, the COStype = 0.8. If we now look for the value of a similar plot of land with a COS = 1.2, the ground value VS is calculated as follows : VS = 200 € / m2 x coefficient C = F(COS) / F(COStype) = 1.08 / 0.93 = 1.61 VS = 200 € / m² x 1.61 = 232 € / m²
„By Revenue“ Method Method Valuations of buildings intended for investment are essentially done using the by revenue method All the factors which have not already been included in the net revenue factor and remaining lifespan are implicitly taken into consideration in the rate of capitalisation. The potential of future plus values is expressed in the rate of capitalisation in particular. The empirical formulation technique for the rate of capitalisation derives from the “by comparison” method Calculation The formula for the market value is composed as follows: V = (RN – TC x VS) x M + VS V = Market Value VS = Ground Value RN = Net Revenue TC = Rate of Capitalisation M = Multiplier
Major Differences Ertragswertverfahren the separation of the land and the capital value Investment method net income will be received into perpetuity
Forecast ImmowertV 2010 Valid from 1st July 2010 Further development of the WertV 98 Includes changes to fit the European Valuation Standards better • simplified by revenue method • DCF method (for special issues) Base is now the common market rent • Misinterpretations expected • Government clarifies that common market rents are sustainable gained and that there shouldn’t be a change in the valuation practice
Criticism German Valuation Static (sustainable rent as base) Not in line with the market • German Verkehrswertis an average price of normal business dealings and the British market value as the price of best use.(Mansfield and Lorenz 2004) Anglo Saxon = International = DCF • Morgan and Harrop (1991) argue that in some countries the net present value methods • have replaced the Ertragswertverfahren. • Empirical findings for lagging and smoothing (Glaesner 2010) • Valuations in the UK are far more objective and conceptually correct (Crosby 2005/07) • Very often criticism in the daily press
Criticism Contradiction The personal circumstances disqualify the DCF method as a method of finding the market value. (Engel 2002) The DCF can’t replace the Ertragswertverfahren and the Ertragswertverfahren isn’t as static as often claimed. It is basically comparable to the investment method of the RICS. The expected developments on the real estate markets find reflection in the rate of capitalization and any possible variations that can already be identified by the valuer can be considered in the market value. (Simon 2000) There is no international convention that pretends any method that isn’t used in Germany. There aren't any international valuation methods that are contrary to the ones used in Germany DCF method can’t be seen as the international leading method for the market value valuation (Kleiber 2004)
Conclusion German Property Valuation well structured and conceived system of property valuation basis in the Federal legislation and the additional published guidelines Ertragswertverfahren that can be supported by the other valuation methods is highly oriented to sustainability Germany has very good data for the land values however the transparency despite the Gutachterausschuss and StatisitischeBundesamt is quite low (Downie et al. 1996)
Conclusion Empirical findings for smoothing and lagging (Glaesner , et al.2010) • Interest of German fund managers to stabilize and smooth value changes Moral hazard GOEF Valuators (Crosby 2005/2007) • Majority of the business can be based on fees from only one client if the valuer counts two funds of the same stable as two entities • Interest of UK fund managers to strive down mark to market in times of bearish markets (Crosby 2009) No consistent evidence that the German methods are the reason for eventual over- or undervaluation
Thank you for your attention! Questions Discussion • Arguments for criticism of the German methods? • Further research is mandatory !
Bibliography Crosby, Neil (2005/07), German Open Ended Funds: Was there a Valuation Problem? In: Working Papers in Real Estate & Planning 05/07 Crosby, N., C. Lizieri and P. Mc Allister (2009), Means, Motive and Opportunity? Disentangling Client Influence on Performance Measurement Appraisals, Paper presented at the European Real Estate Society conference, Stockholm, Sweden, 2009 Downie, M. L., Schulte, K.-W., Thomas, M. (1996), Germany,. In Adair, A., ML. Downie, S. McGreal ang G. Vos (Ed), European Valuation Practice, London: E & FN Spon, 1996 Engel, Ralf (2002): Das Aus für die DCF-Methode?, in: Grundstücksmarkt und Grundstückswert 13. Jg., Nr. 6/2002 Glaesner, S. M., Thomas, M., Schiereck, D. (2010), Lack of German Real Estate Fund Volatility – is the Market or the Valuer to Blame? In: Glaesner Return Patterns of German Open-End Real Etstate Funds, Frankfurt a. M.: Peter Lang, 2010
Bibliography Kleiber W. (2004), Was sind eigentlich die sog. Internationalen Bewertungsverfahren?, in: Grundstücksmarkt und Grundstückswert 14. Jg.., Nr. 4/2004 S.193-204 Mansfield, John R. / Lorenz, David P. (2004): Shapingthefuture: The impactsofevolving international accountingstandards on calculationpractice in the UK and Germany, in: Property Management Vol. 22 No.4/2004 S. 289-303 Morgan, John F. W./ Harrop, Martyn J. (1991): Neue Ansätze der Bewertung und Beurteilung von Anlageobjekten, in: Grundstücksmarkt und Grundstückswert 2. Jg.., Nr. 3/1991, S.128-132 Simon, Jürgen (2000): Europäische Standards für die Immobilienbewertung, in: Grundstücksmarkt und Grundstückswert, 11. Jg., Nr. 3/2000, S. 134 – 141 Simon, Jürgen (2006),Internationale Bewertungsstandards in: Grundstücksmarkt und Grundstückswert 17. Jg.., Nr. 5/2006, S.270-281