Keeping Transaction Costs Low

The Bruhat Bangalore Mahanagara Palike’s coffers aren’t Bruhat, it seems. For the up-coming road widening project, for which considerable amounts of land need to be acquired, it seems like the BBMP can’t afford to pay in cash. Hence, it has been proposed that compensation will be paid in terms of Transferable Development Rights (TDRs). The basic funda is that when your land gets acquired, you get rights to construct more in some other existing site, or on the remaining part of your site, or some such.

Quoting

According to a BBMP official, TDR is an instrument through which the Palike facilitates landlosers to construct additional floor or building in the remaining portion of the property or anywhere in the City.

The BBMP would issue a Development Rights Certificate (DRC), which can be either be utilised for personal need or can be sold to anyone who wants to construct an extra floor. The owner gets the right to construct a built up area 1.5 times over and above of that the property acquired for development. For instance, if 600 sq ft built-up area is given up to the BBMP, the property owner will receive a DRC for 900 sq ft built-up area.

This is interesting on several counts. Firstly, do you realize that what the BBMP is paying for the land is effectively an option? A TDR is nothing but an OPTION to construct more than what would normally have been permitted. The valuation of this option hinges upon the fact that current building laws are highly restrictive (in terms of the built up area as a proportion of the site area) and so the option of constructing more will actually be valuable.

It would be interesting to see how these options get valued. You can trust that there will be a lot of litigation concerning this since you can expect most people to have problem with the valuation. First of all valuation of financial options is itself so tough, you can imagine how hard valuing these TDRs can be.

Then, there is the whole supply aspect. The whole model of these TDRs will hinge upon the unwritten promise that more such rights will not be given away any time in the near future, since that will cause the value of existing TDRs to drop sharply. Given that there is one single agency (the BBMP) that controls the supply of such rights, and that the potential supply of such rights is infinite, there is a chance that valuation of these rights might be depressed.

One important thing the BBMP needs to take into account while issuing these rights is to make sure there are no transaction costs for trading these rights. The “transferable” bit needs to be emphasized in order for the value of these rights to be truly unlocked. I can see a large number of individuals who will be compensated with these rights who will want to trade them away, since they are unlikely to possess another site to utilize them. And given the number of big buildings coming up on small sites, I can foresee there being a decent demand for it.

I do hope that investment banks (or their equivalent) come forward in order to make markets in these rights. I’m sure banks won’t miss opportunity to step in here, but the important thing is for regulation that will enable such intermediation. It is in the interests of the BBMP to keep these transaction costs low, since that is going to have a positive impact on the valuation of these rights, and eventually less such rights can be given.

Postscript: It would be interesting to study the impact of these rights on bribery rates of BBMP officials. I’m sure that currently a lot of money is made in illegally granting rights for buildings that don’t conform to regulations. Since there will now be a legal way of getting similar favours (I’m told that the Akrama-Sakrama scheme has similar intentions) it would be useful to see if bribes do drop.

2 thoughts on “Keeping Transaction Costs Low

  1. TDR’s have been in existence since 2004. The widening of Silk Board Junction and the entire stretch were provided TDR’s.
    The Government of Karnataka has made the transfer of developmental rights leviable to stamp duty since April 1, 2010. So the question of making transfers easy is ruled out. Its 1% of the market value of the TDR’s and the TDR’s value is mostly determined by the area from which it was generated.
    And also the current lot of BBMP Officials are just looking to coerce the aam junta to opt for TDR whereas they are not supposed to do so. It is to be granted to persons who voluntarily surrender the land earmarked for acquisition and apparently a writ petition is also filed very recently against this.

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  2. ‘there will now be a legal way of getting similar favours (I’m told that the Akrama-Sakrama scheme has similar intentions) it would be useful to see if bribes do drop.’

    Considering that new constructions in violation of regulations continue to spring up every single day on small or big sites even today, it is more likely that the value of TDRs will drop..If I am the owner whose property is being acquired, I think I would certainly contest it..

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