Real Estate Acquisition Permanent Procedure
Intent
This Procedure sets out the process to be followed to purchase a real property interest of a freehold asset whereby title transfers to James Cook University (JCU; the University).
Scope
This Procedure applies to all staff, students, consultants and contractors representing JCU Australia in the acquisition of Real Estate interest of a freehold asset.
This procedure does not apply to JCU Brisbane or JCU Singapore.
This Procedure does not apply to the acquisition of Real Estate via lease – refer to the Real Estate Acquisition Term (Lease) Procedure.
Definitions
Except as otherwise specified in this procedure, the meaning of terms used in this Procedure are as per the Real Estate Dealings Policy and the Policy Glossary.
Introduction
To fulfill its strategic objectives to serve regional and remote Queensland, the University requires a diverse Real Estate portfolio across the State. The University’s Real Estate portfolio ranges from residential houses and apartments to commercial buildings and land. From time to time the range and location of Real Estate within the portfolio will change, requiring an Authorised Person (AP) to acquire or dispose of Real Estate.
This procedure sets out the process and steps to take to ensure the University acquires the correct Real Estate in response to the University’s strategic plans and objectives, for the right price, relevant to its needs and the greater market conditions, and in the correct geographical location. For example, when JCU purchases property for student accommodation, this procedure and policy apply in full. For the avoidance of doubt, the source of the finance which pertinent to the Acquisition of Real Estate is irrelevant and the policy and procedure apply.
Procedure
Permanent Acquisition is set out below in three stages;
- Stage 1 – Preliminary investigation;
- Stage 2 – Going to market; and
- Stage 3 – Due Diligence;
To provide further direction and clarity, each stage is expanded further into a series of steps as detailed below.
The steps also identify what actions will occur, how it will be processed and who is responsible for the execution, including:
- Actions;
- Responsible officer;
- Timing; and
- Sequence.
Some actions may overlap rather than run consecutively. The timings shown are indicative and should only be used as a guide.
Acquisition Stage 1 – Preliminary investigations
A key outcome of this stage is ensuring that new Real Estate is correctly briefed, is required and if so, seek approval to proceed to stage 2.
Note – the Client is not permitted to make any enquiries with any third party, agent, agency, developer, or anyone other than the AP.
Step | Action | Responsible Officer | Timing |
1.1 | Client identifies a need and submits a Real Estate Request Form to Manager, Leasing and Commercial Portfolio. | Client | |
1.2 | Acting as the AP, the request is evaluated and compared to existing property portfolio. Consultation occurs with internal parties including Space Team. Meeting arranged with Client. | Manager, Leasing and Commercial Portfolio | 3 weeks |
1.3 | If the AP determines that new Real Estate is required, the Client completes a Preliminary Acquisition Checklist. | Client | 2 weeks |
1.4 | AP reviews Checklist and produces a Draft Acquisition Plan. The Plan is shared with the Client. | Manager, Leasing and Commercial Portfolio | 3 weeks |
1.5 | AP does a final check of the existing Real Estate Portfolio and if negative, then a market scan is undertaken to broadly identify capacity and budget requirements. | Manager, Leasing and Commercial Portfolio | 1 week |
1.6 | If the new Real Estate is not already approved through the Annual Report to Estate Advisory Committee, the Client submits a Business Case to University Executive. | Client | 3 weeks |
1.7 | If the Acquisition is approved – AP goes to market. If the Acquisition is declined – AP closes file. | Manager, Leasing and Commercial Portfolio | 1 week |
1.8 | Inform JCU stakeholders, Client, Legal, Procurement, and Estate of the status. | Manager, Leasing and Commercial Portfolio | 1 week |
Acquisition Stage 2 – Going to Market
The key outcome of stage 2 is to identify the most appropriate Real Estate, negotiating suitable terms and executing the contract of sale. The contract shall be subject to stage 3, due diligence.
Step | Action | Responsible Officer | Timing |
2.1 | Investigate marketplace, consult with agents and owners, negotiate acceptable terms for the contract of sale. The terms must include the JCU special conditions. | Manager, Leasing and Commercial Portfolio | 6 weeks |
2.2 | JCU Legal and external lawyers review the contract and confirm it is OK to proceed. | Manager, Leasing and Commercial Portfolio | 2 weeks |
2.3 | Provide a brief and the contract to the Financial Delegate. | Manager, Leasing and Commercial Portfolio | 1 week |
2.4 | Execute the contract (JCU) | Financial Delegate | 1 week |
2.5 | Execute the contract (Seller) | Manager, Leasing and Commercial Portfolio | 1 week |
2.6 | AP to;
| Manager, Leasing and Commercial Portfolio | 2 weeks |
Acquisition Stage 3 – Due Diligence
Due diligence is an essential step in the process, and failure of Real Estate to meet the requirements of the University shall result in termination of the contract. Due diligence shall include safety and security as well as the standard property inspections and a physical inspection by University personnel. The actions below are likely to occur concurrently rather than consecutively.
Step | Action | Responsible Officer | Timing |
3.1 | Arrange a full set of searches – refer JCU searches list and consider report. | Manager, Leasing and Commercial Portfolio | 2 weeks |
3.2 | Arrange building and pest inspection and review report. | Manager, Leasing and Commercial Portfolio | 4 weeks |
3.3 | Organise and complete a physical inspection, including safety, security, building works, etc. Write a report with a go/no go preliminary recommendation. Identify the cost of works, if any, to bring the Real Estate up to the University’s requirements. | Manager, Leasing and Commercial Portfolio Manager WHS Manager Security AD Estate Services | 4 weeks |
3.4 | Review all the reports with Associate Director Estate Services (or their nominated rep) and AD Estate Services makes a final recommendation to proceed or terminate. | Manager, Leasing and Commercial Portfolio AD Estate Services | 1 week |
3.5 | Inform the seller or sellers agent of the final determination. | Manager, Leasing and Commercial Portfolio | 2 weeks |
3.6 | If proceeding, arrange for the completion of the transaction. If terminating arrange formal correspondence and start Stage 2 again. | Manager, Leasing and Commercial Portfolio | 2 weeks |
Related policy instruments
James Cook University Act 1997
Statutory Bodies Financial Arrangements Act 1982 (Qld)
Body Corporate and Community Management Act 1997 (Qld)
Residential Tenancies and Rooming Accommodation Act 2008 (Qld)
Schedules/Appendices
JCU Searches List
Initial Concept Template
Draft Acquisition Strategy
Administration
NOTE: Printed copies of this procedure are uncontrolled, and currency can only be assured at the time of printing.
Approval Details
Policy Domain | University Management |
Policy Sub-domain | Estate and Facility Management |
Policy Custodian | Deputy Vice Chancellor, Services and Resources |
Approval Authority | Vice Chancellor |
Date for next Major Review | 30/11/2028 |
Revision History
Version | Approval date | Implementation date | Details | Author |
23-1 | 30/11/2023 | 14/12/2023 | Procedure established. | Manager, Leasing and Commercial Portfolio |
Keywords | Lease, real estate, disposal, auction, acquisition, land, property |
Contact person | Manager, Leasing and Commercial Portfolio |