Investment managers can also anticipate Commission guidance on structuring “transitional” finance funds with assets that are progressing to energy and resource efficiency. The SFDR supports transitional (Article 8) real estate portfolios that outline a plan to align with the EU Taxonomy’s environmental sustainability specifications. Investors have asked for greater clarity on structuring these funds, including a new “transitional finance” fund category with distinct sustainability criteria. These changes could present compelling opportunities for investors financing EU real estate projects.

The SFDR support for transitional finance aligns closely with the EU “Renovation Wave” focus on renovating EU building stock to adhere to the Energy Performance of Buildings Directive (EPBD).  The EPBD specifies energy and resource efficiency targets for new and existing buildings to help fulfil the EU Climate Law’s greenhouse gas reduction (GHG) mandates. Since the SFDR requires transitional assets to specify a baseline for EU Taxonomy alignment, the EPBD is a logical framework for a renovated building’s environmental performance progression. Real estate projects can secure financing from SFDR-compliant investors by outlining their transition to EPBD and Taxonomy-aligned environmental performance.  Portfolio managers can realise the double benefit of achieving higher returns from energy and resource efficient “green” buildings, and of marketing to investors seeking environmentally focused funds.

Transitional finance funds structured around renovated real estate assets are an appealing investment vehicle for EU (and non-EU) investment firms. However, realising the benefits of a transitional real estate investment fund requires careful planning to ensure compliance with a portfolio of EU corporate and financial accountability rules.

• To demonstrate a real estate project’s adherence to the transitional finance framework and to associated EU Directives and Regulations, portfolio managers must prioritise rigorous environmental performance data collection and disclosure. The Taxonomy includes corporate governance factors and will soon encompass social factors as well, so financial firms should be prepared to track and disclose the entire scope of ESG (Environmental, Social and Governance) factors.
• To qualify for a transitional investment fund, real estate projects must define a pathway to Taxonomy alignment with specific actions to reduce or phase out GHG emissions. These can include improving energy efficiency, producing renewable energy, using renewable materials for renovation and construction, and other strategies.
• Transitional real estate fund assets must measure and report annual progress toward Taxonomy alignment and achieve adherence to the EU Taxonomy within 5 years. The Taxonomy requires operational environmental performance assessment, so assets need to track and report metered energy and water use, for example.
• To ensure that financial firms are adhering to the intent of the SFDR, the European Securities and Markets Authority (ESMA) has established rules for ESG-related fund names, including transitional portfolios. Funds that use names including "sustainable," "green", "transitional" or "transitioning" must adhere to the EU Taxonomy criteria and technical specifications, or face potential sanctions.  If funds fail to quantify data substantiating the use of these fund names, a financial firm could also be sanctioned for violating the EU anti-greenwashing Directive.  
• Real estate projects must also ensure they are complying with all EU laws governing construction materials and supply chains, including the EU anti-deforestation regulation and the recently enacted Directive on sustainability in global supply and value chains. This includes certain small and medium-sized construction and development enterprises (SMEs). Failing to comply could jeopardize an asset’s “transitional finance” Taxonomy alignment and its inclusion in an SFDR transitional fund.
• Finally, financial firms should be prepared to comply with variations in SFDR implementation among the 27 EU member states. The SFDR allows each country to specify rules for structuring SFDR-compliant funds, and to impose penalties for non-compliance. This means that investment firms and portfolio managers must stay informed about the Commission’s SFDR updates and 27 potentially differing implementations.

The Commission’s evolving portfolio of sustainable finance and corporate accountability rules creates complexity, as well as lucrative opportunities, for EU real estate investors. For real estate developers and managers, these regulations and directives also present new financing streams for environmentally high-performing projects. For more about EU sustainable finance and the real estate sector, please check this previous article.