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AI Summary of Article 126a Land acquisition, development and construction exposures

The proposed regulatory framework stipulates that an Asset-Backed Debt Carrying (ADC) exposure is to be assigned a risk weight of 150%. However, a risk weight of 100% may apply to ADC exposures related to residential properties, contingent upon the institution's adherence to robust origination and monitoring standards, as delineated in Articles 74 and 79 of Directive 2013/36/EU. This is applicable if specific conditions are met, including substantial cash deposits tied to legally binding pre-sale or pre-lease contracts or significant equity at risk contributed by the obligor.

Furthermore, by 10 July 2025, the European Banking Authority (EBA) is mandated to issue guidelines that clarify important terminologies related to the aforementioned conditions, particularly in the context of lending to public housing or not-for-profit entities dedicated to social housing. This initiative seeks to enhance regulatory clarity and promote sound lending practices across the EU.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2025 - onwards
Version 3 of 3

Article 126a Land acquisition, development and construction exposures

1. An ADC exposure shall be assigned a risk weight of 150 %.

2. ADC exposures to residential property may be assigned a risk weight of 100 %, provided that the institution applies sound origination and monitoring standards which meet the requirements laid down in Articles 74 and 79 of Directive 2013/36/EU and where at least one of the following conditions is met:

(a) legally binding pre-sale or pre-lease contracts for which the purchaser or tenant has made a substantial cash deposit which is subject to forfeiture if the contract is terminated or where the financing is ensured in an equivalent manner, or legally binding sale or lease contracts, including where the payment is made by instalments as the construction works progress, amount to a significant portion of total contracts;

(b) the obligor has substantial equity at risk, which is represented as an appropriate amount of obligor-contributed equity to the residential property value upon completion.