Pearse Doherty (Donegal, Sinn Fein)
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34. To ask the Minister for Finance if there are regulations preventing lenders from refusing credit or mortgage applications on the grounds of geography such as refusing credit or a mortgage application on the grounds that the applicant was resident in County Donegal. [12191/21]

Paschal Donohoe (Dublin Central, Fine Gael)
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While regulated lenders must comply with the various rules within the consumer protection framework, the extension of credit by lenders to potential customers is a commercial decision for the lender themselves and each lender will have its own individual credit lending policies and risk appetite. It is therefore a matter for the lender to determine its own lending policies and the factors it considers appropriate in the context of its credit assessment. There are no geographic restrictions in regulations as set out by the Deputy in his question.

With respect to mortgage credit, there are regulatory requirements in place to ensure that lenders lend prudently. Before providing credit or mortgage credit, lenders are required to undertake thorough creditworthiness assessments to ensure a borrower will be able to repay. This assessment must take into account the individual circumstances of the borrower, including personal circumstances and financial situation.

More generally there are certain consumer protection requirements which govern the provision of mortgage credit to consumers. For example, the European Union (Consumer Mortgage Credit Agreements) Regulations 2016 (CMCAR) provide that, before concluding a mortgage credit agreement, a lender must make a thorough assessment of the consumer’s creditworthiness with a view to verifying the prospect of the consumer being able to meet his or her obligations under the credit agreement. The CMCAR further provide that a lender should only make credit available to a consumer where the result of the creditworthiness assessment indicates that the consumer’s obligations resulting from the credit agreement are likely to be met in the manner required under that agreement. The assessment of creditworthiness must be carried out on the basis of information on the consumer’s income and expenses and other financial and economic circumstances which are necessary, sufficient and proportionate.

In addition, the Central Bank’s Consumer Protection Code 2012 imposes ‘Knowing the Consumer and Suitability’ requirements on lenders. Under these requirements, lenders are required to assess affordability of credit and the suitability of a product or service based on the individual circumstances of each borrower. The Code specifies that the affordability assessment must include consideration of the information gathered on the borrower’s personal circumstances and financial situation. Furthermore, where a lender refuses a mortgage application, the CMCAR requires that the lender must inform the consumer without delay of the refusal. In addition, the Code requires that the lender must clearly outline to the consumer the reasons why the credit was not approved, and provide these reasons on paper if requested.

If a mortgage applicant is not satisfied with how a regulated entity is dealing with them, or they believe that the regulated entity is not following the requirements of the Central Bank’s codes and regulations or other financial services law, they should make a complaint directly to the regulated entity. If they are still not satisfied with the response from the regulated entity, the response to their complaint from the regulated entity is required to include details for the borrower on how to refer their complaint to the Financial Services and Pensions Ombudsman.