Pursuant to Article 125(3) and Article 126(3) CRR (credit risk: standardised approach) or Article 199(3) and (4) CRR (IRB approach) credit institutions may, in assessing whether exposures are fully and completely secured by property collateral, deviate from the principle requirement, that the risk of the debtor is not materially dependent on the performance of the underlying property or project, if the competent authority in the Member State in question, in which the property is located, has published proof that a well developed and well established property market exists, the loss rates of which are below specific upper limits.
The following upper limits are prescribed:
Since 2006 the FMA has been collecting data on the realised losses from property-based collateral from a representative selection of credit institutions in order to assess the Austrian property market. The collection of data focuses on loans where default occurred so far in the past that their property-based collateral has already been realised, i.e. the real amount of the loss was determined. Since June 2014, data have been collected for all credit institutions in Austria on the basis of reporting pursuant to Article 101 CRR in conjunction with Article 12 and Annex VI of Implementing Regulation (EU) 680/2014 (IP reporting). In this case data about losses is reported on a semi-annual basis, which is predominantly based on estimates of loss. The FMA’s annual data collection is intended to be replaced by the full collection on the basis of IP reporting data, and until replaced will continue to serve data quality checking purposes.
It is hereby determined, that the maximum loss rates for the Austrian property market that were collected to date by the FMA are lower than the aforementioned thresholds, thereby meaning – until further notice – that deviation from point b) of Article 125(2), point b) of Article 126(2) and point b) of Article 199(2) CRR is permissible.