Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) (Amendment) Regulations 2026

S.I. No. 141/2026 - Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) (Amendment) Regulations 2026 Download PDF Íoslódáil PDF Notice of the making of this Statutory Instrument was published in “Iris Oifigiúil” of 17 th April, 2026. In exercise of the powers conferred on the Central Bank of Ireland (the “Bank”) by section 48 (1) of the Central Bank (Supervision and Enforcement) Act 2013 (the “Act”), the Bank, having consulted with the Minister for Finance in accordance with section 49(1) of the Act, hereby makes the following regulations: 1. These Regulations may be cited as the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) (Amendment) Regulations 2026. 2. In these Regulations “Principal Regulations” means the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) Regulations 2022 ( S.I. No. 546 of 2022 ). 3. Regulation 2(1) of the Principal Regulations is amended by inserting the following definitions: (b) the term of the housing loan is 18 months or less; (c) no capital amount outstanding under the housing loan is due, or capable of becoming due, to be repaid or paid, including by way of periodic instalments, until an exit event; (d) the terms of the housing loan agreement stipulate that the full balance of the housing loan will fall due on an exit event; and (e) subparagraphs (c) and (d) of this definition are without prejudice to – (i) any voluntary repayment or payment by the borrower, and (ii) the exercise by any person of a legal right, including, but not limited to, the right to take possession, compel the sale or enforce the security held in respect of the residential property on which the housing loan is secured;” 4. The Principal Regulations are amended by substituting for Regulation 4 the following: “Regulation 4 Exemptions (1) These Regulations shall not apply to: (a) a new housing loan under which amounts are advanced by the lender to refinance the full amount outstanding under an existing housing loan, where the new housing loan is secured or to be secured on the same residential property as the existing housing loan, and the amount to be advanced under the new housing loan does not exceed the amount outstanding under the existing housing loan (whether or not the lender in respect of the existing housing loan and the new housing loan are the same). In determining the amount advanced under the new housing loan no account shall be taken of- (i) arrangement fees, (ii) professional fees and costs, or (iii) administration costs, payable in respect of the new housing loan; (b) a housing loan the purpose of which is to address the arrears or pre-arrears of the borrower on an existing housing loan by agreeing alternative repayment arrangements; (c) without limiting the generality of paragraph (b), a housing loan entered into as part of the mortgage arrears resolution process described in provision 16 of the Code of Conduct on Mortgage Arrears issued by the Bank or as part of the mortgage arrears resolution process described in Regulation 238 of the Central Bank (Supervision and Enforcement) Act 2013 (Section 48) (Consumer Protection) Regulations 2025. 5. The Principal Regulations are amended – (a) by substituting for Regulation 5(1) the following: “Subject to paragraphs (2), (2A), (2B) and (3), a lender shall ensure that - (b) inserting the following after Regulation 5(2): (c) by substituting for Regulation 6(1) the following: “Subject to paragraphs (2), (2A), (2B) and (3), a lender shall ensure that - (d) by inserting the following after Regulation 6(2): 6. The amendment or substitution of any enactment, or part of enactment, by these Regulations – (a) shall not affect any direction given by the Bank, any investigation or any disciplinary, sanctioning or enforcement action undertaken by the Bank or by any other person, in respect of any matter in existence at, or before, the time of the amendment or substitution, and (b) shall not preclude the taking of any legal proceedings, or the undertaking of any investigation, or disciplinary, sanctioning or enforcement action by the Bank or any other person, in respect of any contravention of an enactment (including anything, amended or substituted by these Regulations) or any misconduct which may have been committed before the time of the amendment or substitution. Signed for and on behalf of the CENTRAL BANK OF IRELAND on 10th day of April 2026 GABRIEL MAKHLOUF, Governor of the Central Bank of Ireland. EXPLANATORY NOTE (This note does not form part of the Instrument and does not purport to be a legal interpretation) These Regulations amend the Central Bank (Supervision and Enforcement) Act 2013 (Section 48(1)) (Housing Loan Requirements) Regulations 2022.