State and public property: a case study of investment advantages and development strategies1 - Agenzia delle Entrate

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State and public property: a case study of investment advantages and development strategies1 - Agenzia delle Entrate
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     *Cristina Coscia                   State and public property: a case
       **Chiara Pano                    study of investment advantages and
                                        development strategies1
                                        Translation by Ilene Steingut

        Keywords: Decommissioning, State Property, development, securitization, outsourcing, HBU.

        Abstract The recent “Save Italy” Decree – which is still under scrutiny - placed significant emphasis
        on the decommissioning of important state and public-owned assets. The legislation focuses on the
        goals, procedures and partnerships necessary for implementing development policies and strategies that
        integrate public finance needs with urban policy goals. It is clear that to put development policies into
        action, it is necessary to ensure the profitability of the transformed or sold real estate in accordance with
        all stakeholder needs. This last goal is an ambitious one; and it is a priority that can be attained only through
        a series of targeted actions such as: simplifying administrative procedures and work flow decision-making;
        reconfiguring evaluation/estimation/planning tools; implementing management procedures that take into
        account the “time” variable of these operations and interventions. This paper explores the Cavallerizza
        Reale (the Royal Riding Academy) complex in the City of Turin, a case study that lends itself to a critical
        analysis of the evaluation/estimation/planning issues mentioned above.

Introduction
        Italy has a considerable stock of real estate whose value is estimated at more than €1,700 billion,
        equal to 137% of the nation’s GDP. This stock is even more significant when compared to other
        countries. Among those adopting similar accounting practices, the average of the total assets stood
        at 58% of GDP (...)2. If the Italian stock yielded only 2%, it would generate an annual income equal to
        this year’s budget package3. These figures allow us to fully appreciate the importance of the efficient
        and effective management of development projects4. In 2006, Angela Ferrari Zumbini referred to
        policies for the use and sale of real estate assets emphasizing some strategic issues that will be
        explored in this article.
        The contents of the recent “Save Italy” Decree5 place further emphasis on strategies that integrate
        public finance needs (seeking new sources of funding and additional resources above and beyond
        standard budget availabilities) with urban policy goals. The plan for the decree’s implementation is

        * Dipartimento di Architettura e Design (DAD) – Politecnico di Torino
        ** Freelancer
        1 This paper can be attributed in equal parts to the two authors, but in particular, Cristina Coscia wrote the Introduction, Recent
        Legislation and Significant Issues, The Contribution of Appraisal and Economic Valuation of Investments and Conclusions:
        Emerging Issues and Critical Elements. Cristina Coscia and Chiara Pano wrote the case study chapter.
        2 A peer group of States that use the full accrual accounting system and accounting policies of the private sector was adopted.
        This peer group consists of: Australia, Canada, New Zealand. United Kingdom, United States and Sweden
        3 The reference is to the year of the text’s publication, 2006.
        4 Angela Ferrari Zumbini, Valutazione e valorizzazione dei beni pubblici in una prospettiva comparata, in: Aristide Police (a cura di),
        I beni pubblici: tutela, valorizzazione e gestione”, Giuffrè, Milano, 2006, p. 637.
        5 See Legislative Decree (DL) 2012/2011, converted into Law 214/2011.
66       Cristina Coscia and Chiara Pano

            still being studied6. According to analyses conducted by the Treasury Ministry, the (central) State
            holds a property portfolio estimated at €72 billion (in addition to the €270 billion worth of property
            belonging to local authorities and €35 billion belonging to the public hospitals and university
            systems). Of this, €7 billion represents properties not directly utilized by the government. The central
            government uses property valued at €58.4 billion (over 13,500 units) for its office space, and rents
            buildings and land for an estimated €12.4 billion (7,200 units). Leases amount to approximately €1
            billion per year (without considering another €2 billion for maintenance including renovation and
            refurbishing work on these real estate properties).
            These were some of the premises underlying the “Save Italy” Decree. Article 27 lays down rules for
            limiting these costs, stating that any new leases, except those stipulated by Palazzo Chigi (the office
            of the Prime Minister –trans) for national security reasons, must have prior authorization by the
            Agenzia del Demanio (State Property Agency).
                                                The Treasury also requested that the State Property Agency verify
                                                the conditions in the cities in which the government leases offices.
 PUBLIC-PUBLIC PARTNERSHIPS (PPP)
                                                Monitoring these situations could identify abandoned or unused
 A form of discussion, negotiation and formal   state assets that could become available allowing the government to
 agreement between public bodies on different   terminate leases and move its offices to unused space adapted to the
 levels for the COORDINATION of various         new functions. Much state property is in fact already on the list of capital
 economic and regional planning instruments.    assets that will be transferred to municipalities as part of the country’s
 The parties are obliged to work for the        federalism policy. However, the Save Italy Decree has also set out a
 COMMON GOOD and in the interests of the        number of rules (pursuant to Article 27) that regulate the relationships
 general population. The ultimate goal is not   among central government, local authorities and the State Property
 monetary profit, but rather to make a positive
                                                Agency within a context of “institutional cooperation” (see Figure 1).
 contribution in terms of social and economic
 benefits for the community.                      Figure 1 - Focus: public-private partnership
                                                  (Source: Pano C. A., op. Cit.)

            In order to implement development policies, it is clear that it is necessary to ensure profitability
            of transformed or sold real estate assets in accordance with all stakeholder needs. This ambitious
            goal is a priority that can be attained only through a series of targeted actions such as: simplifying
            administrative procedures and decision-making work flow; reconfiguring evaluation/estimation/
            planning tools; implementing management procedures that take into account the “time” variable
            of these operations and interventions. Last but not least, in order to realize the full benefits of the
            legislation, real estate development must become a parallel opportunity for rethinking urban and
            regional planning. Only with such a vision can the privatization of public assets leverage funding for
            projects that can trigger quality urban and regional development.

Recent legislation and significant issues
            Leaving aside some regulatory passages7, the principal legislation is Legislative Decree (Dgls) 85/10.
            Article 10 guarantees “the utmost functional development “ of assets subject to devolution. In
            addition, the law establishes both the goal of transferring state-owned properties to local authorities,
            and defines the two forms of development allowed for such operations. The first type is carried
            out directly by the local authority (construction and reconversion projects). The second is indirect,
            conducted through private sector involvement (sales, transfer of properties to real estate investment

            6 See EIRE 2012: Focus Article 27: la sfida della valorizzazione per enti locali, professionisti e operatori. Procedures, Milan, June
            7, 2012. See also: 
            7 Constitutional Law 3/2001 and Law 42/2009 were of crucial importance in the process moving towards state property federalism.
State and public property: a case study of investment advantages anddevelopment strategies   67

                                                           funds, public-private partnerships and securitization, cf. Figure 2)8.
REAL ESTATE SECURITI Z ATION
                                                           Such operations regarding the Cavallerizza Reale case study9 had their
                                                           start in April 2004. The complex was to be converted into a mixed use
An operation that allows the transformation
                                                           development; one wing would be transformed for housing purposes
of REAL ESTATE properties, that cannot
                                                           and the remaining spaces were designated for public use.
be moved within financial markets, into
SECURITIES that can be traded efficiently                  Figure 2 - Focus: real estate securitization
                                                           (Source: Pano C. A., op. Cit.)
and that have well-defined characteristics in
terms of their financial profile, return and risk.
The redemption of these securities is
                                           To date, however, this process has not been completed. But it does
guaranteed by cash flows deriving from the
                                           highlight some general issues which are still critical and require some
underlying assets.
                                           consideration with respect to the past, namely:
                                           - the potential savings of €1 billion by reducing rentals from private
                                           owners in cities, through targeted actions like the transfer of public
           offices to decommissioned barracks and state-owned buildings or the reallocation of unused or
           ministry offices from rented properties to other state-owned properties
           - the reduction of per capita space for state employees from the current 50 square meters (estimated
           mean value compared with the average value of 20-22 square meters for employees in the private
           sector); the goal is to make significant stock available and to concentrate activities in a smaller
           number of properties or in reduced space thus optimizing maintenance and operational costs
           - the identification of nonessential real estate assets that could be put on the market. In this way, the
           previous outdated approach - controversial sales and leaseback of state and public-owned property
           - could be overturned. On the one hand, this operation, and others similar to it, guarantee immediate
           liquidity and the optimization of current sources of public finance. On the other, in the long term they
           do not consolidate balance sheet items and thus do not generate positive leverage.
           This kind of reorganization could trigger a virtuous cycle passing from the reduction of current rental
           expenditures to the identification of unrestricted resources for the reduction of public debt, without
           having to divest strategic assets but only those that are considered no longer functional.
           At the same time however, to create a more rapid cash flow through specifically-created funds, the already
           planned sales of the real estate assets of local authorities is not disregarded. The heart of development
           (see Figure 3) thus becomes the engine for the innovation inherent in such transactions by integrating:
           •     processes which, in the start-up phase, attract significant investment with real opportunities for
                 urban and regional redevelopment and reconversion;
           •     monitoring expenditure for state-owned property and verification and control of life cycle costs
                 of state-owned property, not only from an administrative point of view (for example, the control
                 over concessions, use contracts and allocation for government use) but also from a technical/
                 structural point of view regarding facility management and global services for the scheduled
                 maintenance of public assets through across-the-board supervision;
           •     operations aimed at providing more efficient public services by streamlining administrative
                 processes for the decommissioning and sale of public assets occupied by private entities;
           •     identification of new kinds of contracts between the parties, including Memoranda of
                 Understanding among public administrations
           •     collaboration with ANCI (National Association of Italian Municipalities) to create systems-oriented
                 development initiatives according to the 2006 Budget Law N. 80.

            8 See De Mare G. e Nesticò. A., (2011), La centralità delle questioni estimative e valutative nell’attuazione del federalismo demaniale.
            Riflessioni sulla valorizzazione del patrimonio immobiliare pubblico, in. “Rivista SIEV-Valori e valutazioni. Teorie ed esperienze”,
            Roma, DEI, anno IV, n. 7, novembre 2011, pp. 21-38.
            9 See § Un caso-studio: il complesso della Cavallerizza Reale a Torino.
68        Cristina Coscia and Chiara Pano

                                                    Regarding the list (which is not exhaustive) of the subjects referred
 D E V ELOP M ENT - G OALS
                                                    to which have given remarkable results but which still leave some
                                                    questions to be answered, the role of the economic/financial valuation
 The “classic” concept of mise en valeur,
                                                    and assessment disciplines are of strategic importance. In the following
 which does not leave aside the concepts of
                                                    section we will highlight how these fields can contribute to the
 the rationalization of expenditure and the
 maximization of profit, organized as follows:      discussion.
 • IDENTIFICATION of the asset, its
                                                    Figure 3 - Focus: development goals
     POTENTIAL USES analyzed according to           (Source: Pano C. A., op. Cit.)
     territorial criterion and the interests of
     public-private partnerships;                   The contribution of assessment
 • Verification of the COMPATIBILITY of such        and the economic valuation of investments
     potential uses;
 • Choice of the APPROPRIATE USE, verifying
                                             In accordance with current legislation, the assessment/valuation
     the utility to be incremented;
                                             disciplines play a fundamental role in implementing development
 • Development of MANAGEMENT ACTIONS
                                             - especially in light of Anglo-Saxon approaches. They update both
     for achieving the intended scope.
                                             traditional procedures used for estimating property value as well as
                                             other procedures for formulating estimations of the economic and
             financial advantages of investments. The structure and workings of the Italian real estate market are
             more backward than other more developed foreign markets, both with respect to common evaluation
             practices that are still mostly based on market comparison approaches rather than on profitability/
             financial criteria, as well as with respect to active asset management and performance indicators.
             However, in recent years on the international scene there has been excessive financialization which
             created an imbalance in the relationship between finance and the real economy, “too much derivative
             and project financing with respect to original credit and debt. Too much leverage on too little capital.
             [...] Between 2003 and 2007, the relationship between finance and global GDP grew from 9 to 1510.”
             In fact, the model focused on the growth of leverage and trading meaning the “ability to force the
             time between the purchase of an asset and its subsequent sale [...].11”
             The consequences of this excess were felt in the financial crisis (which started as the subprime
             mortgage crisis) that spread from the United States to the international markets in 2007 generating
             today’s current crisis.
             The need that arose, therefore, is linked to de-leveraging operations of a dual nature. The first regards
             the reduction of the use of return on debt. The second is action that must be taken on the cultural
             level insofar as the subprime crisis has shown that “the financial markets and the global economy do
             not correspond even remotely to that ideal world of general equilibrium with complete information
             sometimes theorized by economists.12” This condition triggered the distancing from and unravelling
             of financial processes. The advantage introduced by financialization is undoubtedly connected to the
             real estate management phase, which has been historically lacking in Italy. “[...] Faced with real estate
             assets of enormous dimensions, the profitability produced by this capital is often insignificant and,
             in the case of public assets, far too often, costs exceed the revenues generated by the real estate
             capital.13”
             The financialization of the real estate market and the consequent introduction of new financial
             instruments were certainly key elements in the evolution from the construction industry to the

             10 See Ajassa G.,(2009), Chi ricorda i subprime? La crisi, oltre i mutui, in “Economia dei Servizi”, anno IV, n. 2, p. 216.
             11 Tronconi O. (2009), Prospettive evolutive del facility e del property management: verso il capital asset management allargato e
             un’”industria” immobiliare, in “Economia dei Servizi”, anno IV, n. 2, p. 226.
             12 Ajassa G., op. cit., p. 221 ff.
             13 Ibid, p. 227.
State and public property: a case study of investment advantages anddevelopment strategies     69

new real estate market , meaning the transition from a simple “do” approach to a more complex
“manage” one14. Despite the fact that the current conditions of financial resources are such that
liquidity becomes a critical component, it has become absolutely crucial not to overindulge in the
use of the return on debt, securitization tout court and “creative” finance, because, as seen with the
SCIP 1 and 215 (Società Cartolarizzazione Immobili Pubblici S.r.l. – a public company for real estate
securitization, trans) operations, bridging the gap between finance and the economy is extremely
difficult and impracticable16.
According to a “modern” interpretation of the real estate sector, property is no longer (or only) an
unchangeable good (as in the traditional interpretation), but it is an asset upon which to identify more
consistent investment and development choices in terms of financial portfolio considerations as well
as regional development ones. Focus must be on periodic cash flows rather than on gains relating
to the revaluation of an asset. The production of cash flow is directly dependent on management
practices, in other words on asset, property, building and facility management.
The complexity of the large and ambitious Cavallerizza Reale case is clear. The real estate project
began in 2003, when the ultimate goal was to develop an important historical, architectural and
cultural complex. Such strategic development processes can influence spatial dynamics and trigger
economic, social and cultural processes leading to greater benefits and a very positive sense of
belonging to the city. State and local governments must, however, set the goal of implementing these
processes without excessive enthusiasm for instant cash transactions (real estate transformed into
liquidity) dictated by critical contingencies.
In this case, it was pointed out several times that the city council wanted to deviate from past
practices, in a view toward design methodologies that deliver social, economic and planning impacts
and benefits for the overall urban context.
However, notwithstanding the fact that an excellent initial course has been undertaken, it is evident
that the final result17 refers to an outdated Italian methodology such as sale at auctions based
more on the “traditional” identification of the value of a property’s conversion without taking into
account specific development strategies (mise en valeur); in other words according to the Anglo-
Saxon “highest and best use” (HBU) approach and real creation of value.

A case study: the Cavallerizza Reale complex in Turin18
The Cavallerizza Reale complex in Turin is an historic compendium whose development project,
following its decommissioning, is in a advanced stage of design and implementation. The project
is being driven – at least on a theoretical level - by the Highest and Best Use (HBU) principle and is
accompanied by a management plan.
The project is also driven by the public interest and not only by the private sector seeking maximum
profits.
In addition, the decision-making process is “recent” and in progress. It began in 2003-200419. For

14 Tronconi O., op. cit., p. 227.
15 We refer, of course, to the securitization operation initially referring only to the property owned by the public social security
institutions launched by Minister Tremonti in 2001. The financial technique of securization serves to anticipate expected future cash
flows from the sale of the INPS , Inpdap, Inail, etc. housing through the creation of the SCIP, the Luxembourg company that constitutes
the SPV, through the State and the banks, who front the capital and receive cash flows from the sale of the housing assets.
16 Moreover, the Italian experience of the SCIP showed that real estate is not easily sold (or undersold).It is for this reason that
simple sales operations are not functional to the goal of preserving heritage and enhancing cities’ built and social contexts.
17 This refers to May 2012; in September a new Memorandum of Understanding was signed. See Conclusions.
18 The documents, information and data on the case study were derived in part from the thesis: Pano C. A., Valori e valutazioni.
Approcci metodologici e strumenti. Rassegna critica sull’evoluzione della disciplina, Graduation thesis, rel. Prof.ssa Cristina Coscia,
Politecnico di Torino, Department of Architecture and Design, Master Degree course in Architecture, AA 2010/2011.
19 2003: the State Property and Land Agency manage property and land. In 2004 the Cultural Heritage and Landscape Code
entered into law. The design principles have been directed by the guidelines set out in cultural heritage legislation.
70    Cristina Coscia and Chiara Pano

        this reason, the interpretation of the development process made use of the critical review of the
        transformations and the diachronic reconstruction of proposals for action and initiatives by the State
        Property Agency and the Agenzia del Territorio.
        In fact, the Cavallerizza Reale complex is a public property that has been abandoned for years in a
        state of advanced decay due to the local authority’s lack of interest in renovating it. Since World War
        II, the municipal government “did not believe in reusing this complex as an opportunity to renew
        the city. Instead the local government mishandled its identity with action plans that led to the total
        disintegration of its original Baroque style.20”
        Aside from the fact that it is an exemplar testimony to Savoy splendor and power and has been a
        focal point for urban development in the city for over two centuries, the Cavallerizza Reale area has
        enormous potential, both in terms of its architecture as well as its location in the heart of the Baroque
        city, in the historic center. The Cavallerizza complex was a natural continuation and extension of
        the system of the Piazza Castello administrative structures within an ambitious seventeenth-century
        project for a Centro di Comando (Command Center).
        The compendium covers an area of approximately 22,000 square meters, located between the via
        Verdi (access at numbers 5, 7 and 9), via Rossini (access at number 9), the Accademia Militare square
        (facing the rear of Teatro Regio) and the Giardini Reali Superiori (upper Royal Gardens)21. Its location
        clearly manifests the area’s strategic importance. Indeed, appropriate redevelopment would bring
        advantages by knitting together parts of the existing urban fabric. The area’s permeability by the
        city’s streets is an important condition for the public authority since it can bring a piece of the city
        back to its population in which the built area does not constitute a barrier, but can be crossed.
        Currently, the compendium provides space for the local Military Administration for its technical
        engineering and judicial services. Space is also allocated to the City of Turin for temporary exhibitions
        and cultural activities such as one of the theaters for the Teatro Stabile di Torino. Some premises are
        used for services22 (after-work clubs for employees of the Agenzia del Demanio), for use by the local
        Carabinieri ecological corps, for storage or Military Administration parking areas and for housing23.

From decommissioning to development: the administrative process
        Over the years, government departments and institutions have manifested new awareness of
        development projects. Specifically there has been new understanding that the redevelopment of
        the Cavallerizza Reale complex can become an opportunity for the large-scale redesign of a portion
        of the city. The difficulties and constraints imposed by the structure and by its sometimes improper
        present use led to a targeted approach to its substantial redesign and to listing of possible uses
        “rather than a real plan to transform the city24.” In fact, the complex is functionally fragmented with
        uses ranging from offices for the Demanio Militare (Military Property), to theatres for the Teatro
        Stabile (in particular, The Royal Stables, the long wing, the short wing, the Guard Hall inaugurated in

        20 Cantanna M., Verso un museo relazionale: allestimento del Museo civico di arte antica nella Cavallerizza Reale di Torino,
        Master Degree Course, rel. Valeria Minucciani, Politecnico di Torino - Facoltà di Architettura, A.A. 2005-2006, p. 27.
        21 See below, Figs. 4 and 6.
        22 Office space for the Senior Citizens’ University was also present; this was later relocated.
        23 City Council Resolution, City of Turin (proposed by GC July 17, 2007), October 1, 2007, Oggetto: Complesso immobiliare
        denominato ex Cavallerizza Reale sito in Torino via Verdi 5/9. Approvazione schema di Atto di compravendita dal Ministero
        dell’Economia e delle Finanze di detto compendio, codice meccanografico 2007-04800/008 (Subject: Building complex named ex
        Cavallerizza Reale located in Turin, Via Verdi 5/9. Approval scheme for the sale by the Ministry of Economy and Finance of said
        compendium, code 2007-04800/008.
        24 Cantanna M., op. cit., p. 27.
State and public property: a case study of investment advantages anddevelopment strategies      71

2001)25, housing, parking lots, storage and temporary exhibition space26.
The first decisive step was taken with the Memorandum of Understanding signed between the Ministry
of Economy and Finance, represented by the State Property Agency and the City of Turin on April 15,
2003. The agreement expressed the intention to renovate the entire complex by 2007. In detail, the
memorandum referred to “the former Royal Stables (Cavallerizza Reale), formerly Crown Heritage,
[...], via Verdi 5/9 and belonging to the Public Domain - Historical and Artistic Branch [...].27” According
to the document entitled “The Development of Public Assets: Memorandum of Understanding with
the City of Turin,28” “the operation will enable a significant increase in the value of the complex and
the regeneration of the entire area in which it is located, thanks to new mixed uses and functional
links to contiguous urban areas. The State Property Agency, in keeping with its institutional mandate,
has become the promoter of the initiative, with the added goal of improving the income prospects
of this important asset which has been limited thus far by its current uses. Turin is the main partner
in the development project. The city offered its maximum availability to ensure the overall success
of the initiative.” In concrete terms, on the one hand, the State Property Agency pledged to develop
all state-owned properties in the complex. On the other, the City of Turin committed to upgrading
the entire area, acquiring buildings or parts of buildings for its institutional needs. In particular, the
Chiablese Stable was set aside for the University of Turin for its institutional activities29.
The Memorandum provided for the constitution of a Mixed Urban Renewal Company with public and
private capital whose task was to manage development, in particular:
•      the construction of a hotel in the wing facing the Military Court;
•      the construction of two parking lots: the first in the Riding School, the second in the square in
       front of the RAI Auditorium;
•      A new 1200 square meter lecture hall for the University of Turin with a capacity of 600/700, to
       be created in the Chiablese stables;
•      exhibition space for the Museum of Ancient Art in the Benedetto Alfieri Stables, in the rotunda
       and in the seventeenth century stables;
•      The redevelopment of the entire area including housing.
•      connection with the “cineborgo,” the Museum of Cinema-Cinema Massimo.
The hotel in Mollino square, the wing that overlooks the Military Tribunal, would be transformed into
short-term residences. The parking area on via Rossini in a small interior street in front of the Gobetti
Theatre would have a capacity of about eighty cars and could be reserved exclusively for residents.
A second three-storey parking lot was to be built on the corner between via Rossini and Corso San
Maurizio facing the Auditorium. The goal was obviously to free the courtyards from cars and to create
links between the Piazza Castello axis and via Rossini, ending at Mollino square, reopening the so-
called Salita delle carozze (Coach Hill) towards the Regio Parco (Royal Park). “The City will renovate
the Royal Stables, the Rotunda and Mosca stables. The stable will host prestigious exhibitions of

25 Godino I., Cavallerizza Reale, in: 
26 Following the grant agreement of part of the ex Cavallerizza by the State Property Agency to the City of Turin signed on
December 20, 1996, the City began managing the former stables and other premises for non- residential purposes, including
over 5000 square meters of free space thus freeing the complex from inappropriate uses that demean its architectural heritage.
Among the cultural initiatives promoted by the city in the complex were: International Biennial Young European and Mediterranean
Artists (so-called BIG TORINO), launched in 1997, which revived the Cavalerizza as one of the city’s social spaces. The event was
repeated in 2000 and 2002, each time enriching it with new elements that combine the Piedmont tradition with international
experiences, from Cantanna M., op. cit., p. 64 ff.
27 Memorandum of Understanding between the Ministry of Economy and Finance and the City of Turin, April 15, 2003.
28 Explanation of the content of the protocol, synthesized here for publication: 
29 The University of Turin proposed the construction of a new Lecture Hall inside the Chiablese Stables. The architectural project,
by architect. Augustine Magnaghi and Ing. Antonio De La Pierre, according to the initial timetable was to be completed by January
2011 to allow the opening of the new Hall in March 2011, on the occasion of the Festival of the 150th anniversary of the Unification
of Italy. However, to date the work has not yet begun. From www.unito.it.
72   Cristina Coscia and Chiara Pano

       ancient art, while the Palazzo Madama Museum will relocate a few collections in the the Mosca
       stables - perhaps the gothic collection as well as archives, libraries, offices and teaching spaces.30”
       “The State Property Agency has already taken on the burden of preparing the preliminary restoration
       design. The City shall later convene a conference of all public authorities involved in issuing permits
       and approvals31 (conferenza di servizi in Italian – trans).”
       The conferenza di servizi was held from March 26 to July 14, 2004, after the Memorandum of
       Understanding was signed with the State Property Agency. The conference sought to coordinate
       the different planning constraints through the contemporaneous evaluation of the Cavalerizza
       development project. The project was illustrated during the conference and an amendment to the
       planning regulations was evaluated. On this occasion, the Landmarks Authority confirmed its prior
       approval of the planning amendment, which was necessary for the development process, stating that
       “the design choices concerning the organization and arrangement of interior spaces, and solutions
       regarding the views of the same, will be submitted to verification by the Landmarks Superintendent
       of the Regional Directorate for Cultural Heritage and Landscape.32”
       Again in 2004, the State Property Agency awarded a commission to Studio Picco of Turin, in the
       person of the architect Cristiano Picco, for a Feasibility Study, which was prepared in collaboration
       with Cristina Ferrero (see Figure 4). Respecting the agreement between the city and the State
       Property Agency, the professionals produced various hypotheses for integrating mixed uses, giving
       the complex an urban character with the primary goal of opening up all of the previously inaccessible
       public spaces. The study also sought to reconnect Piazza Castello with via Rossini leading to the
       Museo del Cinema (Cinema Museum) and the Mole Antonelliana by creating a striking pedestrian
       path. It also took into account new accessibility to the Gardens, which would grant access to Borgo
       Vanchiglia from the bottom of the fort ramparts through the “Salita delle Carrozze.”

       Figure 4 Feasibility Study by Studio Picco. Plan. In red, museum spaces. In yellow, University areas. In blue, commercial areas. In
       turquoise, housing or hotel uses. The red line represents the pedestrian route at project completion. Not to scale.
       (Source: www.cittagora.it.)

       However, as always happens in projects of this scale and complexity, the expected schedule was not
       respected. Indeed, the process broke down and “branched out” over the years.
       In view of the project’s strategic nature for the city and its establishment of public functions and
       initiatives, the City of Turin modified a decision expressed in the Memorandum of 2003. During 2005,

       30 Li Veli G., Un albergo e due parcheggi così cambia la Cavallerizza. Entro l’anno la firma tra Comune e Demanio, in “La Repubblica”,
       13 ottobre 2004.
       31 Lupo M., Cavallerizza, la vita ricomincia nel 2007, in “La Stampa”, 23 aprile 2003.
       32 City Council Resolution, City of Turin (proposed by GC February 23, 2010) November 4, 2010, Oggetto: Variante parziale n.
       217 al P.R.G., ai sensi dell’articolo 17, comma 7 della L.U.R., concernente la riqualificazione del complesso della Cavallerizza Reale.
       Adozione, n. ord. 145, codice meccanografico 2010 00969/009. (Subject: Partial amendment n. 217 to PRG, in accordance with
       Article 17, paragraph 7 of the LUR on the redevelopment of the Cavallerizza Reale complex,Adoption, no. ord. 145, code 2010
       00 969/009).
State and public property: a case study of investment advantages anddevelopment strategies      73

the city asked to acquire the entire compendium. This represented a shift from a securitization logic
to a more effective development policy - at least in its intent.
Underlying the proposal was the need to redevelop the entire urban context in a unified and organic
way without limiting the initiative only to the portion covered by previous arrangements with the
University and the State Property Agency.
Moreover, the great difficulties in implementing such a far-reaching project without actually
owning the property had already emerged in previous studies for the compendium’s development.
Considering its historic and artistic value and the landmark constraints placed on the property and
in light of the provisions of Law 311 of 2004, Art. 1, Paragraph 450 (Finance Act 2005),acting through
the State Property Agency, the Ministry of Economy and Finance gave its approval to the city’s
request for transferring the property to its ownership.
Therefore, on May 11, 2005, the Ministry asked the Piedmont Regional Directorate for Cultural
Heritage and Landscape for its approval33 to cede the property to the City of Turin. The property
was designated as a landmark34 under the provisions of Legislative Decree 42/2004.
Approval was granted in view of the fact that the transfer would ensure the preservation and
development of the important complex without compromising public use. Moreover, the approval
established that the intended uses were not incompatible with the historical asset and would not
pose a risk to its preservation. The requirements that owners would have to adhere to in restoration
and redevelopment were also set out. The terms of this approval would also be applicable to future
transfers of property to third parties by the city, provided that the constraints and requirements set
out in the approval decision were met.
To formalize the mutual obligations that would have to be agreed upon for final ownership transfer,
the parties found it necessary to draw up a draft contract of sale that would refer to part of the
content of the Memorandum signed on April 15, 2003, but that would integrate and modify it with
new and more accurate and timely agreements.
The contract was to be definitive only for the portions of the compendium not held by the military
which were subject only to a preliminary purchase contract. The contract provided that the authorities
pledge to the final transfer of the properties in the entire complex according to the following time
schedule: 1. immediate purchase by the city of all portions currently free and occupied by the city,
other agencies and the 39 resident families; 2. subsequent purchase of the portion occupied by the
military in order to give the Administration time to reorganize its logistics.
The Ministry of Defence was required to free the area within three years of signing of the deed for
the property transfer to become effective. If the Ministry did not comply with this time frame, the city
could either grant an extension or forgo the purchase of that portion, thereby acquiring the right to
receive a compensation of € 3,843,909.00, corresponding to 15% of the area’s value due to the new
economic potential obtained after plan amendment approval.
The price for the entire complex was established by agreement with the State Property Agency
at € 36,927,253.00 net of VAT35. The sum was divided as follows: € 3,331,941.00 for the city-
occupied portion; € 10,840,579.00 for portions occupied by the state and other organizations and/
or institutions and households; € 22,754,733.00 for the portion occupied by the military.

33 Note N. 2005/8463/FTO, May 11, 2005.
34 Note N. 9603, August 1, 2005.
35 This amount - determined in discussion among the parties and with the support of the Department of Housing and City of
Turin Polytechnic (Prof. Riccardo Roscelli), for the State Property Agency of the Department of Architecture and Planning at the
Politecnico di Milano ( Prof. Sergio Matthia) and, finally, a third evaluator chosen by mutual agreement between the Parties - took
into account the existing uses.
74        Cristina Coscia and Chiara Pano

The estimated value of the securitization operation
            The method used to appraise publicly-owned buildings established by law is the market criterion
            (see Figure 5), meaning the estimate of the most likely and potential sale value of the property. In the
            Cavallerizza case, appraisers necessarily took into account its historical, architectural and cultural value36.
                                            The ‘”Bill of sale and pre-sale of the property named “Ex Cavallerizza
  M ARKET             CRITERION             Reale” between the Ministry of Economy and Finance and the City of
                                            Turin” was signed on November 21, 2007, and divided the purchase
  Standards set out in existing REGULATIONS into two phases, as agreed.
  for the assessment of public property,         Figure 5 - Focus: the market criterion
                                                 (Source: Pano C. A., op. Cit.)
  without specifying limits and methodology.

  The direction seems to be towards the      The first phase, disciplined by Article 6, referred to the portion
  assessment of the potential sale value,    occupied by the city, authorities and households, estimated at a total of
                                             € 14,172,520.00, with payments as follows:
  defined by classical real estate appraisal
                                             € 2,900,743.40 due on 31/1/2008;
  criteria, essentially coinciding with the  € 50,000.00 upon signing of the deed;
                                             € 2,900,743.40 on March 31, 2008;
  VALUE OF TRANSFORMATION.
                                             € 2,900,743.40 on February 28,2008
                                             € 5,420,290.00 within six months of deed stipulation37.
             The outstanding debt was repaid by the City of Turin on May 28, 2010, including payment of the
             accrued interest38.
             The second phase, however, was regulated by Articles 8 and 9 and covered the portion of the
             compendium occupied by the military, having an estimated value of € 22,754,733.00 to be re-
             evaluated according to the ISTAT consumer price index for families of workers and employees up to
             a maximum period of 36 months39. Payment for this portion was made in two instalments: 50% upon
             signing of a definitive agreement to transfer the portion occupied by the military, and 50% within six
             months from the date of the signed contract. Pending completion of the purchase of the area, the
             City of Turin implemented two actions:
             1. initiation of a securitization program concerning property belonging to the city,
              2. approval of Amendment 217 to the general city plan (PRG).
             The City Council Resolution dated October 19, 200940 approved guidelines for real estate
             securitization through the establishment of a limited liability securitization company. At the start,
             the company was intended to be wholly owned by the city, with the exclusive scope of initiating
             securitization of the proceeds of sales of city-owned properties, that is through the city’s acquisition
             of a securitization company41 (SPV). Following this acquisition, the company changed its name to

            36 City Council Resolution, City of Turin (proposed by GC July 17, 2007), op. cit.
            37 City Council Resolution, City of Turin, November 13, 2007, Oggetto: Complesso immobiliare denominato ex Cavallerizza Reale
            sito in via Verdi 5-9. Provvedimenti preliminari alla formalizzazione degli atti di acquisto, codice meccanografico 2007 07749/008.
            (Subject: Building complex named ex Cavallerizza Reale in via Verdi 5-9. Measures prior to the formalization of the acts of
            purchase, code 2007 07749/008).
            38 Source: ipi.it, City Council Resolution, City of Turin (proposed by GC July 24, 2009), 19 October 2009, Oggetto: Programma
            di cartolarizzazione immobiliare realizzato attraverso società unipersonale a responsabilità limitata - linee di 37: Fonte IPI.it:
            integrazione linee programmatiche 2006-2011 ex articolo 31 Statuto, n. ord. 145, codice meccanografico 2009 04890/008.
            (Subject: Scheme for real estate securitization through single-member limited liability companies – lines 37: IPI.it Source:
            integration program guidelines 2006-2011 pursuant to Article 31 of the Statute, no. ord. 145, code 2009 04 890/008).
            39 That deadline coincided with the relocation of the military.
            40 City Council Resolution, City of Turin (proposed by GC July 24, 2009), op. cit.
            41 Already included in the general article. 106 of Legislative Decree no. 01.09.1993 n. 385 (“Consolidated Law on Banking and
            Credit”).
State and public property: a case study of investment advantages anddevelopment strategies               75

C.C.T. srl (City of Turin Securitisation ltd).42
Later, on December 29, 2009, the City Council approved a resolution for the permanent transfer of
a First Portfolio of properties from the City to the CCT, while it was determined that the remaining
properties making up the so-called Second Portfolio were only subject to a preliminary contract of
sale. The transfer of this second group came about a year later in December of 2010. The Cavallerizza
complex (classified as property n. 11), excluding the Chiablese Stable insofar as this was on loan to
the University, was also included in the “Second Portfolio” (see Figure 6).

Figura 6 Buildings registry, basement and ground floor. Not to scale. (Source: www.yard.it.) C.C.T. and the City of Turin signed an
agreement to manage the transferred property, pending the sale of the assets to “ third
parties, so the City of Turin became the Property Manager.42”

The City of Turin, therefore agreed to:
•   manage the property and carry out its ordinary and extraordinary maintenance in order to
    maintain the property’s conditions;
•   manage all contracts relating to the property;
•   manage relationships with users and counterparties of the real estate contracts;
•   perform other activities relating to property management as required by law, including evictions
    of illegal occupants;
•   protect the interests of CCT in relation to securitization.
•   manage all procedures in the name and on behalf of the
                                                                  SER V ICES OUTSOURCIN G
    Company Servicer for valorization.
                                                                                        Commissioning NO-CORE services (those
Concerning this last point, the public administration did make
use of the procedure provided for by law for outsourcing                                not necessarily manageable by the authority
services (see Figure 7). In other words they selected a
                                                                                        itself) from THIRD PARTY companies or
specialist in the sales and marketing of the First and Second
Portfolio properties.                                                                   organizations, whose services are controlled

                                                                                        in terms of quality and quantity, thus allowing

                                                                                        authorities greater FLEXIBILITY and opportunities

                                Figure 7 - Focus: process of service outsourcing        to concentrate on their “core” activities.
                                                      Source: Pano C. A., op. Cit)

42 City Council Resolution, City of Turin (proposed by GC July 24, 2009), op. cit.
76   Cristina Coscia and Chiara Pano

       In February 2010, in name and on behalf of the CCT company, the city published a tender to award this service.
       ThetenderwaswonbytheTemporaryAssociationofIPIBrokeragesrl(Parentcompany)andYardsrl(Principal).
       In summary, the City of Turin was responsible for property management, while the temporary association
       was responsible for managing sales.
       The call for bids on the properties in the “Second Portfolio CCT” was published by the City of Turin
       on March 30, 201143 for a base amount of € 37,980,356.00 (the share regarding the Cavallerizza
       amounted to €11,474,000.00). The deadline for bids was set on May 5, 2011, but due to the lack of
       offers received, a new call was published on July 12, 2011 with a deadline of September 27, 2011.
       At least two critical issues emerged immediately upon the sale. Given economic and market
       conditions, the first issue concerned the substantial difficulty in attracting investors, including the
       considerable capital required for purchase and subsequent management. The second was tied to
       a bureaucratic dispute with a tenant44. In fact, despite their being “unavailable,” the City Council
       resolution from October 19 of that same year established the securitization of a number of city-
       owned properties including the Cavallerizza itself45.
       While the complex represented a resource with great potential value, it was still an enormous
       investment. So it presented considerable difficulty even for the private sector. In fact no bids
       were made, supporting the idea that sale at auction would “stifle” efforts to carry out a significant
       development project.

       Plan Amendement 217
       The amendment to the city plan for the Cavallerizza complex was adopted on November 4, 2010, and
       definitively approved on January 31, 201146. The amendment provides for the modification of the
       Planning Regulations, in particular Regulation Sheet n. 29, concerning the Area to be Transformed in
       the Historical Center referred to as the “Cavallerizza Complex” (Area of Study).”
       The Plan intends to redevelop the entire complex with the location of museum, exhibition, cultural,
       academic, residential, hospitality, tertiary functions and facilities of public interest. Such functions
       can be integrated with services for people and businesses.
       Residential uses cannot be located on the ground floor of buildings and cannot exceed 50% of
       the overall gross floor area, subject to different assessments during the evaluation of the Unitary
       Redevelopment Project by the City Council. This project has not yet been completed but is included
       in the indications for the area’s development.

       43 Following the contract signed with the temporary association, approved by City Council Resolution, City of Turin, March 8,
       2011, Oggetto: Cartolarizzazione immobiliare. Contratto di gestione delle e contratto di gestione degli immobili Secondo Portafoglio
       immobiliare. Approvazione, codice meccanografico 2011 01246/131 (Subject: Securitization of real estate. Contract management
       and contract management of properties According to real estate portfolio. Approval code 2011 01246/131).
       44 The number of households in the compendium was 39. They would have had to leave their homes so that the redevelopment
       project could begin. This relocation is only partially complete: currently, there are 25 families still living there. An ordinance
       by the Administrative Court of 23 May 2009 states that the City Council, to defend themselves during proceedings against a
       condominium that was opposed to an eviction notice, claimed that “the Cavallerizza Reale is one of the unavailable goods in
       the city.” The same local authority determined this, showing the judges a note dated March 24, 2009. Yet in the City Council
       Resolution of 19 October of the same year, the securitization of a number of properties owned by the city was established,
       including the Cavallerizza itself.
       45 Martinenghi S., Cavallerizza all’asta, ma non si può vendere, in “La Repubblica”, 20 aprile 2010.
       46 City Council Resolution, City of Turin (proposed by GC February 23, 2010), op. cit. This work is the result of studies and
       projects which the city has undertaken in recent years: “In view of the historical and artistic value and the current state of
       conservation of the compendium of the Royal Riding School, the City of Turin deemed necessary and of vital interest public favour
       the regeneration and functional recovery with the neighboring urban realities through the substantial confirmation of the current
       requirements of PRG and integration with new uses of mixed public and private, to another already present in the surrounding
       historic fabric, as well as in line with the guidelines laid down for the context at issue in the current Regional Territorial Plan of
       1997, the PTR adopted by the Regional Council in 2008, and the Regional Landscape Plan (PPR) in 2009. “
State and public property: a case study of investment advantages anddevelopment strategies      77

                                                                                           Figure 8 City of Turin urban plan:
                                                                                           selection. Not to scale.
                                                                                           Original scale 1:5000.
                                                                                           (Source: www.comune.torino.it)

Legend

Identification of groups of buildings        Quality of parts of buildings                 Implementation

                                                                                                Subdivision
     Prestigious buildings                        Uniform facades,
                                                  important facades                             Complex buildings
     Buildings of significant interest
                                                  Facades characterizing
     19th century buildings                       the urban context
                                                                                           Areas subject to specific regulations

     Buildings in the via Roma complex            Entryways connected to
                                                  courtyards and private gardens                Perimeter of study area
     Buildings dating from
                                                  Private courtyards and gardens of             Porte Palatine area
     between the two world wars
                                                  particular architectural quality
     Recent construction                                                                        xxxxxxxxxx
                                                  Private courtyards and gardens
                                                  characterized by a coherent
                                                  architectural design

                                                  Minor residual urban fabrics

                                                  xxxxxxxx
78       Cristina Coscia and Chiara Pano

               The amendment also calls for (see Fig 9):
              •   recovery of pedestrian links of the vietta Roma alleyway with via Rossini and the Royal Gardens
                  and the realization of pedestrian connections through the courtyards between Mollino square
                  and via Rossini;
              •   prohibition of the elimination of the public use of urban areas within the Cavallerizza complex;
              •   redevelopment of the Royal Gardens to allow continuous crossing between Piazza Castello and
                  the Porte Palatine area;
              •   possible construction of underground public and private parking lots both inside (replacing the
                  original paving) and outside the complex;
              •   Possible construction of a new volume, subject to approval by the Landmarks Authority, built on
                  the footprint of the original wing of the complex between via Verdi and Teatro Regio (piazzetta
                  Accademia Militare), with one storey above ground, a maximum height of 5 meters and gross
                  floor area of 500 square meters47.

              Figure 9 Timeline of events from 2001 until May 2012 (Source: Pano C. A., op. Cit.)

           CAVALLERIZZA REALE

                                                                                                    Approval                   New
                                        Request for                           Municipal
                                                                                                     of plan                 municipal
                                          sale by                               tender
                                                                                                   amendment                  auction
                                        municipality                          procedure
                                                                                                      217                     tender

                                                                   Real estate             Debt                                                Deadline
          Memorandum                                                                                                   Municipal
Teatro                         Site                               securitization         extinction                                         for relocation
               of                                        Sale                                                           auction
Stabile                      analysis                                  by                    by                                               of ministry
          Understanding                                                                                                 tender
                                                                  municipality          municipality                                           functions

                                                                          October February                 November      March       June
              April                           May      November                                    MaY
 2001                          2004                                      December   2010                    January       May      September May 2012
              2003                            2005       2007                                      2010
                                                                           2009                             2010/11      2011        2011

          signed by Finance                      By Finance Ministry               assignement                                     New auction for
                                                                                                             SCIP2
            Ministry/ State                        to City of Turin,                 of selling                                   the securitization
Theater                                                                                                    proceeds:
           Property Agency                      dividing complex into               of portfolio                                 of properties in the
                                                                                                             66,5%
             City of Turin                             2 parts                        service                                         portfolio

                          Feasibility study
                              drafted                              Approval of municipality’s                             Auction for
                                                                                                       Regarding       the securitization
                             Approvals                              securitization program
                                                                                                       portion 1         of properties
                            conference                            Transfer of portfolio to CCT
                             organized                                                                                     deserted

              47 City Council Resolution, City of Turin (proposed by GC February 23, 2010), op. cit.
State and public property: a case study of investment advantages anddevelopment strategies       79

Conclusions: emerging issues and critical elements
        To date, the development project has not been fully implemented. If on the one hand, the
        city was committed to implementing a program of real estate securitization (since October
        2009) and to approving Amendment 217 to the General City Plan (November 2010), the military
        did not arrange for the relocation of its offices and warehouses from the Cavallerizza. The city,
        therefore, could exercise the compensation clause in the preliminary sales contract, according
        to which if the military did not respect the deadline of November 21, 2010 for its relocation,
        the city could be compensated with €3,843,909.00 for failure to acquire the property.
        However, pursuing a firm line dictated by the desire to develop the Cavallerizza complex in a unitary
        fashion, the city decided to wait until the transfer was completed. Projects for the location of general
        and cultural functions (exhibitions, museums, universities, residential, hospitality, tertiary) and their
        relative typologies provided by the amendment can be organized in minimum plan units, according
        to a Unitary Redevelopment Project48 within a perimeter that also includes, in addition to the
        Cavallerizza buildings, part of the Royal Gardens bounded by ramparts. In addition, the road system
        within the complex providing connections and reciprocity between the portions of the Cavallerizza
        complex and the Military Academy cannot be subtracted from public use. This decision stemmed
        from the fact that for some time the city had “the goal of restoring and developing the built fabric and
        the urban block network belonging to this historical and prestigious complex and the accompanying
        eighteenth century outbuildings of the Complesso del Real Palazzo in Turin49.”
        In this context, the city’s intention, backed by Article 11 of the 2007 draft contract, was to reiterate
        the contract only with respect to the conclusion of the final deed and with regard to different possible
        payment schedules.
        In the agreement, that was to be formalized by May 20, 2012 (within 18 months from the expiration
        of the Nov. 21, 2010 contract) “the Parties shall evaluate the opportunity, given the critical situation
        in the housing and financial market since 2008 and that continues to this day, to “freeze” the Istat
        revaluation that has already accrued and accruing both on the purchase amount as well as on the
        amount for urban development indicated in the contract50.”
        The city, therefore, considered evaluating the possibility of “exchanging the Military Academy with
        city-owned assets currently used as barracks or for the state police and/or making the payment
        through the renovation of state-owned property required for the logistical needs of the Ministry of
        Defense such as the Dabormida Barracks located in corso Unione Sovietica 100, headquarters of
        the Army’s Logistic Inspectorate, which could accommodate the staff relocated from the Cavallerizza
        complex51.” Today, progress has been made with the signing of the Protocol of Agreement between
        the City of Turin and the State Property Agency for a five-year program of property exchanges52.
        The City of Turin can acquire state-owned properties of municipal interest and, simultaneously, the
        State Property Agency can acquire city-owned property of interest to the state. Transaction costs
        are estimated at € 30 million and rationalization of public expenditure on rents and renovation work
        on unused property, including the Cavallerizza, should result.
        Therefore, the development strategy has been reinforced through forward-thinking methodologies
        that can deliver impacts and benefits for the city in social, economic and planning terms.

        48 To be established through a City Council Resolution.
        49 City Council Resolution,City of Turin (proposed by GC March 1, 2011), 14 March 2011, Subject: Portions of the building
        complex named former Cavallerizza Reale located in Turin Via Verdi 5/9 subject of preliminary purchase contract by the
        Ministry of Economy and Finance. Extension term financial relations with the state. Operational guidelines, no. ord. 58, code
        2011 01 034/131.
        50 Ibid.
        51 Ibid.
        52 See:
80   Cristina Coscia and Chiara Pano

       Both prior to this Memorandum of Understanding and still today, the in-depth analyses of the
       Cavalerizza complex redevelopment program and the characteristics and potential of its regional
       context are weak and have not been put into proper focus by the city. In addition, thinking about
       the optimal use of the complex and the identification of different forms of public-public and public-
       private partnerships - once the “compatibility” of potential scenarios has been verified through
       appropriate planning and property management tools - are also fragile.

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       Webography
       www.cittagora.it
       www.comuneditorino.it
       www.edilcantiere.it/news/demanio
       www.ipi.it
       www.italiarealestate.it/web/public
       WWW.teatrostabiletorino.it
       www.tesoro.it
       www.yard.it
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