Specialist disability accommodation – an alternative to traditional investor stock
By John Varos• 22 April 2020 • 6 min read
With the removal of stamp duty concessions, a tighter credit market after the banking Royal Commission and less foreign buyers, the investor pool of apartment purchasers had decreased in recent times. Developers are responding by placing a greater reliance on securing owner occupier sales or diversifying their apartment stock to meet the needs of alternative markets.
Alternatives markets could include incorporating a hotel, serviced apartments, or even adopting a build to rent model. A further income stream we have seen is the bulk sale of apartments to single investor groups, to either lease out (perhaps on Air BnB or through traditional rentals) or, more recently, to operate Specialist Disability Accommodation (SDA) residences.
SDA is a new form of government incentivised housing introduced as part of the national reforms to the disability sector. The scheme is essentially focused on taking members of the community with lower physical care needs out of care facilities and integrating them into the community. This initiative not only improves the quality of life for the residents who have access to SDA, but also provides opportunities for:
- entities providing residents with access to SDA housing opportunities whether through rental or private ownership (provider); and
- developers who may seek to partner with a provider to incorporate and deliver SDA residences within their development, with the return being a socially responsible initiative along with income from the bulk sale of an agreed number of apartments.
The commercial drivers in SDA deals
An understanding of some of the commercial drivers which are in play from a providers point of view can assist developers to guide negotiations, address the key concerns of the provider and appropriately balance risk.
|What to consider|
|Government incentive||The majority of providers will seek to hold onto apartments and use them as stock for long term leasing.|
Providers receive government incentive for housing SDA eligible residents, depending on the level of accessibility in the build, number of bedrooms, and availability of on-site care (incentives).
|Bulk sales||Providers are typically looking to bulk buy apartments in developments as it will allow for:|
Bespoke build requirements
Certainty around the bespoke build is of critical importance to a provider as it impacts directly upon the incentive. The bespoke build will likely require modifications to the standard fit-out which are costly and may significantly change the appearance and functionality of apartments.
Whilst the developer may need to be flexible in delivery of the bespoke build, the risk should be shared with the provider. Careful consideration of the contract of sale terms is required. Based on what we are seeing in the market, some key do’s and don’ts include:
- DO: Agree the scope of the modification work with the provider up front and a compensation regime. The more detailed scope the better, and if it is possible to cost that scope with the developer’s builder before contracts are exchanged then that is a preferred approach to reduce uncertainty.
- DO: Agree a regime to deal with variations and additional work which may be required by the provider.
- DO: Ensure you have appropriate flexibility in your construction contracts and consultancy agreements to allow for the provider’s bespoke build scope and requirements.
DON’T: Commit to producing a bespoke build that will guarantee a
certain standard of SDA functionality at settlement. The requirements to
satisfy certain SDA standards of accessibility builds are continually
evolving and this type of arrangement would shift the compliance and
variation risk of the build being assessed as SDA compliant onto the
developer. If such an arrangement is being considered, developers should
consider pricing the risk accordingly and try to build in flexibility to deal
with any change in SDA functionality standards and definitions. When
working through these Do’s and Don’ts developers should consider the
implications of building in these risk management mechanisms into a
contract of sale or whether they should be addressed via an alternative
Disclosure requirements – contract of sale
If you are considering implementing SDA residences into your development or would like the flexibility to do so, the disclosure, flexibility and allowances which are built into sales contracts are essential. Key takeaways include:
- Building in flexibility for the type of product to be incorporated into the development and disclosed to other purchasers in the development, to minimise any risk that other purchasers object to the proposed SDA scheme.
- Providers may require signage, additional accessibility requirements on common property, designated SDA only common areas, etc. The impact on common property and owners corporation requirements should be considered and addressed appropriately both in the contract and again upon owners corporation set up. Turning your mind to these matters early will provide you with the flexibility to incorporate SDA at any stage of the development with minimal impact to the balance of your development and existing pre-sales.
As providers tend to favour the purchase of multiple apartments, settlement risks are compounded. Whilst there are a number of factors which should be considered in this regard, we draw attention below to some critical considerations:
|Risk||What to consider|
|Limited re-Sale market|
Intending to incorporate SDA residences within your development?
Get in touch with a partner from the Property & Development team.
New Bill promising to shake up infrastructure contributions in NSW
The Bill amends or replaces many of the existing provisions contained in Part 7 of the EP&A Act.
The 2021 Victorian State Budget – what property developers need to know
By Michael Taylor-SandsAri Armstrong
Overview of the 2021 Victorian Budget and its major tax and duty items.