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Germany timely regulation of Real Estate Market sets a model for Canada

已有 640 次阅读2016-1-27 15:12 |个人分类:Frank's Writings| Estate, learn, Estate

Canada needs to learn that 

   why German Real Estate Market is less over-heated


       Frank   July 29, 2015  in Waterloo, On. Ca   
   http://www.kwcg.ca/bbs/home.php?mod=space&uid=61910&do=blog&id=3911

     The German government is the most rational world widely. 
     Feb. 16, 2014, I once summarized many rational approaches of German government by an article Why German Economy Can Fly Against Economic Recession. I excerpt some as follow.
     In the last century, after the U.S. President Roosevelt successfully saved the Great Depression by the means of the government intervene in the economy, the most of countries take Keynesian theory, such as, Fiscal Deficit, as the magic to stimulate their economy. Now, most of them are debt-ridden, and some of them become losers with bared buttocks and broken spine.

     However, at that time, rational Germans did not silly go with the flow. May be that they have foreseen that Keynesian Fiscal Deficit was just a short-term shot in the arm, can not long-term use. So they adopts own Freiburg School neoliberal theory that can sustain for long-term stable development. 

     Now, nearly 80 years practices have shown that the choice of Germans is smart prescient.

     Many facts show that Fiscal Deficit has not only lost its positive effect, but also has become economic heroin, and the addiction is quick growing in most of countries. Great many countries have become the drug addicts, if, stop using drugs, they certainly can not stand. However, if, continue in drug use, destined to premature death. Now Fiscal Deficit has become unbearable economic nuisance. 

    We must be clear that is not the fault of the great Keynesbut the fault of the dogmatists of the policy makers who are too ignorance to make a rational judgement independently with a instinct that can only draw a tiger by copying home-cat, without ability for making a solution according to the actual objective situation in changing constantly.

    In the governance of real estate market shows similar way.

    The most governments world widely have been taking the real estate development as a means to increase employment and tax revenue with ignoring its long term bad effect, and even taking the degree of housing market activity as an indicator of the level for economic development.
     When many others cheer for real estate market heating up, German Government has introduced a series of policies to cool the heat, and to make the development of real estate market in irrational path.
     The suppression of the rapid rise in rents and housing prices, it is not just in favour of people's lives, but also in favour of the stability of the cost in businesses operation, thus it is in favour of the health development of the real economy
     More importantly, people would never think of that suppressing the rapid rise in rents and housing prices will cut off a easy channel of people speculating for unearned interests, so that Germans can keep in high human quality to make livings by hard work rather than addicted in unearned greedy opportunistic speculation. 
     I think, this also is the significant reason that Made in Germany has been enjoying best reputation and the stable development of the German economy. 

     Following is some reports regarding German government timely regulating real estate market. 

     Mar. 5, 2015, German parliament passes law to cap sharp rent rises After months of discussion, the German parliament has agreed measures to control sharp rent rises in areas under housing pressure. Nearly 60 percent of people in Germany rent their homes. The law will restrict new rental contracts in areas of high demand to within 10 percent of the average local rent. In areas of high demand such as the major cities and towns with universities, rents are currently rising by 20 percent to 30 percent.

    June 3, 2015, Germany introduces big changes to rental market

    Mar. 11 2014, Germany Seeks to Shift the Broker-Fee Burden

    Jan. 23 2014, Most Germans don't buy their homes, they rent. Here's why

    Compared with Germany, Canada's real estate policy needs to be adjusted urgently.
    Aug. 24, 2014, I wrote article Over-heated real estate market is ruining Canadian economy from Japan mirroring Canadato have discussed the over-heated real estate market is destroying the real economy in Vancouver Canada. I excerpt some as follow.

    The Real Economy, according to the Economy on Wikipedia, is the part of the economy that is concerned with actually producing goods and services, as ostensibly contrasted with the paper economy, or the financial side of the economy, which is concerned with buying and selling on the financial markets.

    Intuitively say, that paper economy or financial economy is to make money by money.

    The real estate is a part of the real economy. However, it is a wand with opposite magic that either can benefit or harm to the economy. In the financial economy over developed today, in most cases, it harm to the economy.

     On one hand, due to the common sense of the real estate has a hedge against inflation with a better appreciation expectation, so people prefer real estate as a measure against currency devaluation. Therefore, it possesses the potential of attracting investment to drive the development of related industries to play a positive role in promoting economic development, even being taken as the indicator of the economic development.

    On other hand, the overheated investment on the real estate easily push up the land prices, and thus raise the operating cost of the industrial and commercial businesses, as well as the cost of people's daily life. Therefore, it possesses the potential of deteriorating economic environment to play a negative role of hindering economic development.

    As the result, in some extent, real estate has been used as a kind predatory means to plunder on the real economy.

    If, we allow speculative real estate developing freely, in particular, the involvement of a large number of foreign hot money, is bound to damage the real economy as that of the hurricane to destroy living environment for the industrial and commercial enterprises and the life of the most of the locals. 

    We should not forget the painful lessons that Japan's bubble economy in 1980s and the financial crisis 2008 are both speculative real estate related.

    Due to the suitable living climate, political and economical stability of the Canadian-based, Vancouver City is favored by the real estate players. The negative impact of overheated real estate on the local economy is more and more prominent.

    It is time to consider the seriousness of the problem and the proper response measures.

     2. The speculators are squeezing city's builders out of Vancouver

    In the morning, Apr. 14, 2014, I read the article  <Foreign property buyers restrictions needed> and was moved by the rational views of Mr. Peter Ladner on the overheated Real Estate in Vancouver.

    In Apr. 2011, he once told CBC News: "If our prices are being driven up by people who are simply investing in our community and not living here, there are a whole lot of problems that result." 

    He worries that prices are forcing people raised in Metro Vancouver to move elsewhere and preventing others from moving to the area.

    In the interview with David Berner on Shaw cable television, 25 May 2011Peter Ladner said that:

    "I think about my own home that I bought in 2000, it's worth about four times what I paid for it now. … I have four kids, three in their twenties and one in their thirties, and they're never going to be able to afford to live in Vancouver because they're not already in the market."

    "I heard a story, a company wants to expand, they need workers, they can not find them here, because all the young people here in somewhere else, because they can not afford for living here. They hire people, recruit people from Toronto and other area, the people take one look at house price and they say that I can not move here, so now the company in thinking about moving to Waterloo."

    "We are declining the number of the companies in head offices in Vancouver. A survey on 60 CEOs about what keeps you from expanding and building the business here, the number one thing is the price of property, which is related. Number two is the shortage of skilled labors, which is also because of the housing cost."

    "We also got the widening the Rich and Poor things, to disablize the society. And got cases were who move here, new immigrants, they want to move here work hard, make the way to get whole economic security, can not happen."

     Video: Peter Ladner - Restrictions on Foreign Ownership

     https://www.youtube.com/watch?v=Z5SAgli5Yww 

    Sep 24, 2013,  Peter Ladner published article New business balks at Metro's affordable housing crisis:

    “Lower housing prices are a dream for most of Metro Vancouver's business community and a nightmare for the real-estate-construction-home-financing consortium.”

   “Vancouver mayor Gregor Robertson cites Vancouver's unaffordable housing prices as a top priority. Surveys of CEOs by the city's economic development commission have identified crippling housing prices as a top barrier to business retention, expansion and attraction. Stories abound of promising young employees leaving town and senior management recruits unable to move here.”

    The worse is that overheated real estate is not just limited in Vancouver, Canada.

    Jun 07, 2013, Why are home prices so high and when will they fall? reported with that:

    "A recent report from the Organization for Economic Co-operation and Development (OECD) that revealed Canada has the third most overvalued real estate in the developed world offered few surprises for analysts who say the market is heading for a price correction

    "The OECD report used two housing measures — the price of the average home compared to what it could be rented for and the home costs compared to the average salary."

    "The report found that based on rents, Canadian real estate is overvalued by as much as 60 per cent and in terms of prices to incomes, real estate is still as much as 30 per cent overvalued."

    "The housing market is an accident waiting to happen. If there is some sort of macro shock, there's a lot of dead air where house prices are now and where historically they should be," said Ben Rabidoux, creator of the blog Economic Analyst, which looks into housing and mortgage trends. "And there's a sort of saying that a market waiting for an accident to happen usually finds its accident. And that's how I would describe it."

    From above reports, we may clearly know the severity of the status of the Canadian real estate.

               --- Frank  July 29, 2015 in Waterloo, On. Ca 

What are the Restrictions on the Purchase of Farmland in Different Countries?

July 15, 2014 17 Views

http://cbw.ge/economy/what-are-the-restrictions-on-the-purchase-of-farmland-in-different-countries/


As it is known, the Georgian Constitutional Court invalidated the Moratorium on the acquisition of agricultural land by foreign citizens. According to the parliamentary majority, it coincided with the beginning of active work on the formation of new regulations on this matter. Proceeding from this, the Ministry of Economy of Georgia decided not to renew the land privatization, which are state-owned.

“We will develop such  regulations that will not violate the rights of skilled and qualified investors as well as  the banking system. With regard to the suspension of the privatization process by the Ministry of Economy, it was necessary to wait for the development of a new law that will take into account international practice, in order the  land privatization not to lead to an increase in social problems and unpredictable developments,”- Economy Minister Giorgi Kvirikashvili said.

According to him, agricultural land must be sold, but regulation and restrictions are  needed.

How things work in this area in the developed countries of Europe? How the right to sell agricultural land to foreigners is regulated there?

Germany: Procedures for purchase of agricultural land are regulated by a special law, which imposes certain restrictions on foreign individuals and legal entities. The consent of a special regulatory body is required for minimum purchase of the land (in each region of Germany it is different). A regulator determines whether anyone has a preferential right to purchase the land – in most cases, the German government encourages consolidation of farm land and therefore, German citizens owning land near the area to be privatized, have the priority right to buy it.

The country has a very strict attitude to inappropriate use of agricultural land, so one of the prerequisites for privatization is the presence of sound business plan for the use of the land plot only for the purpose of agricultural production.

Sweden: Individuals of foreign nationality can buy agricultural land without any restrictions, but in regions with low population it needs a special permit.

To obtain this, the applicant must have the appropriate education or experience (sometimes both together), in some cases the buyer is required to live on the land he bought.

Austria: Acquisition or receiving of agricultural land in long-term lease by a foreign citizen is possible in the case of authorization from the regional authorities. In particular, the relevant authority determineswhether or not the privatization will cause any harm to social, economic, or cultural interests.

Greece: The main constraint is permission from the Ministry of Defense if a foreign national wishes to buy land in the area adjacent to the state border. In the case of direct investment, as a rule, a permit is fast and without problems.

Tighter restrictions on agricultural land operate in the countries that have recently joined the European Union, as they had feared that after the opening of the market, farmers from developed countries would use the economic problems of local citizens and buy land cheaply.

In Estonia, there are no restrictions on the acquisition of agricultural land of less than 10 hectares. In order to buy more than 10 hectares, a citizen of any country in the European Union must be married to a citizen of Estonia, live in the country for at least three years, and be engaged in farm business.However, he has the right to buy just the land plot , which he took earlier in rent and on which he works at the time of the submission of the application for the purchase of land.

According to official information, currently foreign nationals own 19 000 hectares of land in Georgia, that is 0, 7% of the total agricultural land in the country.

                     Mar 5, 2015,

The law will restrict new rental contracts in areas of high demand to within 10 percent of the average local rent. In areas of high demand such as the major cities and towns with universities, rents are currently rising by 20 percent to 30 percent.

Under the new law, responsibility for paying agency fees will be transferred from tenants to the owners or landlords who commission the agents. Until now costs of around two months rent, in advance and in addition to deposits, have been charged to incoming tenants to cover real estate agent fees.

Federal Minister of Justice and Consumer Protection Heiko Maas said after the vote on Thursday: "This is a really good day for tenants in Germany."

Maas said the cap was "important for average earners, for people on limited incomes and for people with children looking for a larger apartment, without being driven out of their areas."

Maas said he expects the measures will benefit about 400,000 tenants every year. "We do not want people on average incomes be pushed to the outskirts," he said. Apartments are not a commodity and people's homes and should not be traded like shares on the stock exchange, he added.

The Bundesrat, the upper house of German parliament, still has to approve the law. The new measures are due to come into force on June 1 and will have to be adopted state-by-state, with each one deciding in which regions the measures will be applied.

The German Tenants' Association called on the authorities in the regions under housing pressure - such as the capital Berlin, Hamburg, Bavaria and North Rhine-Westphalia - to implement the new measures as soon as possible.

The caps do not apply to newly built housing or homes that have been extensively renovated. The coalition government wants to encourage new building projects to alleviate current housing shortages.

Green party politician and chair of the Committee on Legal Affairs, Renate Künast, accused lawmakers in both the grand coalition government of the Christian Democratic Union and the Social Democratic Party of taking far too long to come to an agreement over the rent rise cap. Rents had risen still further in the intervening months the coalition had taken to agree on the measures, she said.

The Bundesrat is expected to debate the new law on March 27.

jm/sms (epd, dpa)

Germany introduces big changes to rental market

                  June 3, 2015

     Two new laws in the residential real estate market will have a big impact on renters and landlords in Germany.

    On 1 June 2015, a new law in Germany became effective which challenges current conditions in the real estate market.

Until now, it was mostly the tenant who had to pay the agency fee for locating a rental property. With the new law, the agency’s commission will be paid by the party who hires the real estate agent – not necessarily the tenant.

    The new law is intended to help tenants, especially in metropolitan areas and urban centres where apartments are scarce. With the old legislation, a change of residence was expensive for a tenant. The agency fee for a new apartment costs up to two month’s rent plus VAT, if brokered by a real estate agent. This two-month fee was borne by the tenant in almost all cases. For the landlords, on the other hand, the old law was beneficial – they took advantage of the real estate agent’s services without paying for it.

    According to the new law, the commission will be paid by the person who hires the real estate agent. This can be either the tenant or the renter. Anyone who tries to get around the new law will face a heavy fine. In addition, it is now illegal to charge tenants retrospectively for locating an apartment. Real estate agents have to decide which side they are working for – they may not act on behalf of landlords and tenants at the same time.

    For the real estate industry the turnaround is a challenge. Real estate agents will have to persuade property owners in Germany that they can provide a high-quality service. The search for reliable, financially strong tenants is such a service. But at the same time, many landlords will take the search for tenants into their own hands, at least initially.

    It has to be seen if, and in which way, the balance between tenants and landlords will be shifted by the new law. Internet portals are likely to benefit because they facilitate direct contact between landlords and prospective tenant. Tenants will be able to choose from a wider range of commission-free apartments, and landlords will pay more often than before for the services of estate agents.

    The new legislation applies only for the rental market: when buying a house or an apartment, commission will be paid by the buyer, as before. The commission usually costs between five and seven percent of the sales total, depending on the region.

    Newly built rental properties are excluded from the rental cap following pressure from the building industry, which complained that a cap on rentals of new homes would slow down the development of the industry.

Rental control law

    On 1 June, 2015, another housing law came into force that will benefit tenants in Germany. The so-called “Rent control law” is being introduced to limit the increase in rent to no more than 10 percent above the local average in areas that have housing shortages. So far only Berlin has implemented the law, causing a delay of the impact of the new law on the country-wide rental market.

    Berlin’s population has risen by almost 150,000 since 2010 but only 15,500 homes were built during that same period, according to a report  by Jones Lang LaSalle (pdf). That property shortage produced massive pressure on the rental market, which in turn gave property owners a free-hand when it came to rental prices – with this new law that changes.

     On the news of the passing of new law by the German Bundestag, Lukas Siebenkotten, the director of the German Tenant’s Association (Deutsche Mieterbund) commented, “This is a good day for tenants in Germany. There is a now a legal structure to slow down the increase in rents in cities, metropolitan areas and university towns.”

    

 Find the facts you need to know about renting a house or apartment in Germany.

The country has passed new set of rules to make sure city dwellers don't get priced out of their neighbourhoods. Will it work?
  • @FeargusOSull  
  • Nov 20, 2013  
  • 37 Comments
  • For Germany's major cities, current rules haven't stopped rent levels reaching ever higher spikes. In Munich, Hamburg, and Berlin, rents have been skyrocketing (by German standards), with landlords both increasing rents on existing contracts by the legal maximum and using breaks between contracts to hike their charges unfettered. Since 2007, Berlin rents have risen by 35 percent, markedly higher than the German national average rise of 15 percent. The result has been a string of evictions of longstanding residents from their communities, and many people are seeing the range of apartments in their price range shrinking.

    There's a tentative national consensus that housing is an essential public resource first, a speculative good second.
    There have been other, specifically local problems. Longstanding tenants, for example, have found themselves stuck when they want to move to a smaller apartment (perhaps when their children leave home). These people find that, thanks to landlords putting up rents in between contracts, smaller rentals available on the market cost more than what they already pay. These tenants then stay put, so larger apartments can't go to people who really need them. These complications have caused high levels of resentment in a nation unused to the vagaries of an intensely speculative property market.

    Germany's new role as an international property honeypot is partly behind this boom. Ironically, the country's rental laws, which have so far stopped a property bubble forming, also make Germany very attractive to investors. While rises are steady, property prices are less volatile than elsewhere and thus something of a safer bet. So Germany's government has now come up with a set of new rules to make sure city dwellers don’t get priced out of their neighborhoods.

    The key changes are these. In Germany's three largest cities – Berlin, Hamburg and Munich – landlords will not be able to charge more than 10 percent of the average rent for comparable housing in the area.  Instead of the usual 20 percent cap, rents must rise by no more than 15 percent in three years, with the rise-free first year kept in place.

    Some smaller changes are also afoot. From now on, real estate agents' finder's fees must be paid by landlords, not tenants – previously they could cost renters up to around six weeks rent. And while landlords are currently allowed to add 11 percent of any renovation costs to their tenants' rental bill, now they will be allowed to add a very slightly smaller 10 percent. 

    There are some also carrots for investors among the sticks. New apartments will be exempted from the new rent restrictions, and their developers will be allowed to offset more of their investment against tax. Outside Germany's big three cities, current laws will remain unchanged. This area includes prosperous major cities such as Cologne and Frankfurt. The idea may be to redirect property investors elsewhere to re-balance the national market a bit.

    Crucially, the proposed measures are popular. German media criticism so far has focused on the new laws' limited geographical scope rather than their content. Introduced by the center-left Social Democratic Party, a new member of Germany’s ruling coalition, the changes have widespread support in a country where more people rent their homes than buy. Most Germans sink their savings into investments other than property, so the number of people with a vested interest in rent rises is smaller than in many countries. As tight rent control laws have not prevented the building of excellent new housing, there's still a tentative national consensus that housing is an essential public resource first, a speculative good second.

    Top image: Drilling rigs stand on a construction site for luxury apartments behind a 0.8 mile section of the former Berlin Wall, also known as the East Side Gallery, in Berlin. (Thomas Peter/Reuters)
  • 玄机重重 中国有钱人为何不敢去德国炒房
  • 发布于 2015年07月29日
  • 在西方老牌发达国家中,德国却是一个包括中国资本在内的亚洲资本不敢涉足的国家。究竟是什么原因让德国房市如此与众不同?

    据媒体报道,7月16日,世邦魏理仕发布报告称,过去两年中国流向美国的投资占中国海外投资总额均超过1/5,其中大多数投资均流向位于主要城市的酒店和办公楼资产。

    玄机重重 中国有钱人为何不敢去德国炒房

    面对这些来抄底的投资者,澳大利亚、美国、英国等国的房子都纷纷涨价,以致引发当地居民的抗议。

    6月中国股变后,更多投资者逃离中国股市,在海外大量购买当地的房产。不过,在西方老牌发达国家中,德国却是一个包括中国资本在内的亚洲资本不敢涉足的国家。究竟是什么原因让德国房市如此与众不同?

    这得回到德国历史来讨论。吸取纳粹崛起的教训,1945年5月颁布的联邦德国基本法在序言中指出,“我德意志人民,认识到对上帝与人类所负之责任,愿以联合欧洲中一平等分子之地位贡献世界和平”。

    基本法第十四条明确规定“财产权及继承权应予保障,其内容与限制由法律规定之”,“财产权负有义务。财产权之行使应同时有益于公共福利”。

    根据这些原则,德国的住房政策必须以保障居民住房为房地产政策的基本出发点;为了落实这项精神,德国房地产调控将反对住宅空置、反对房产炒作作为其核心思想。

    为了促进房产市场供求关系平衡,德国政府严格监管土地销售和租赁。德国居民珍视土地私有权,开发商很难垄断房产市场。德国的房贷条件非常严格,新购房产必须缴纳高额综合税率。

    鉴于住房还有财富积累属性,为了公平正义,德国政府依据遗产法和税收制度,对住房继承人/受赠人采用超额累进税率,征收遗产税或赠与税。

    由此可见,根据德国社会传统的价值观,德国即便土地私有,其财产权之享有和运行并非“神圣不可侵犯”(“私有财产神圣不可侵犯”这个说法即便在美国,也因后来的进步主义运动而被否定),而是得对基本法序言之载明的“上帝与人类所负之责任”承担义务。

    德国的房屋租赁制度也是独具一格。德国是个没有户籍制度的国家,是否拥有房子并不影响居民之基本福利。大量德国居民一生都是租房住。德国禁止政府或物业拥有者随意调高租金(即使物价上涨)。

    此外,德国政府修建的商品房,其质量标准与房产公司建造的房子没有多少区别,足以满足低收入家庭的租赁需求。

    根据《租房法》,除非房东自住,无权赶走居住者;如果房租超过当地“房租指导价”的20%房客可依法起诉,如果超过50%,房主将被判决三年有期徒刑。

    德国实行联邦制。基本法是“巴登-符腾堡、巴伐利亚、柏林、布兰登堡、不莱梅、汉堡、黑森、梅克伦堡-前波莫瑞、下萨克森、北莱茵-威斯伐伦、莱茵兰-伐尔兹、萨尔兰、萨克森、萨克森-安哈特、什勒斯维希-霍尔斯坦及图林根各邦”(载入基本法“序言”)自愿签署并落实的。

    这样,联邦层面的“社会市场经济”顺理成章地在“邦”层面得以落实。

    我们可能特别强调精英主义对国家治理的作用。不过,超前规划若没有雷厉风行的法治化落实,一旦“选择性执法”成为一纸空文,则对政府宏观调控职能产生长远的伤害。

    澳大利亚规定外国人购买旧房的、临时居民搬离后3个月内没有卖房的,罚没所有的资本利得或房屋买价的25%,或房屋市场价的25%,以三者中最高的为准,甚至考虑向每个外国购买者征收每笔1500澳元的申请费。

    只是由于不敢得罪外国资本,这些决定不是还在谋划中,就是因落实成本太高成为“一纸空文”。

    因此,没有什么外国炒房团能把德国怎么样。对中国炒房团来说,选择澳大利亚等相对自由化的国家,更有利于财产增值。

    为了推广德国经验,国内包括中文核心刊物论文在内的很多媒体指出“德国宪法”规定德国是“高福利国家”。这不符合事实。

    对国家治理来说,有些文字高调地载入宪法既无必要,又有伤害。重要的是如何让国家的核心价值观成为政府公共决策在法治化进程中能落地的方法论。

    惟其如此,伟大的理想主义精神才有助于人民社会经济权利的拓展。

    想要了解更多独家财经知识,搜索关注小编微信:恒丰钱包

     


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