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Regulations Every Mortgage Broker Should Know About 

Claire Jesse by Claire Jesse
June 25, 2025
in Finance
Reading Time: 5 mins read
0
Regulations Every Mortgage Broker Should Know About 

Navigating the mortgage landscape in Ireland isn’t just about offering good advice or finding the best rates. For mortgage brokers, staying on top of ever evolving regulations is critical not only to remain compliant with the law, but also to provide trustworthy, ethical, and transparent service to clients.

In a sector where clients rely heavily on expert guidance, mortgage brokers act as a crucial link between the borrower and the lender. The Central Bank of Ireland (CBI) has set out a comprehensive regulatory framework that governs mortgage broking activities covering everything from suitability assessments to consumer protection and advertising standards.

Here’s a rundown of the most important regulations every mortgage broker operating in Ireland must be fully aware of in 2025.

  1. Authorisation and Regulation by the Central Bank of Ireland

All mortgage brokers in Ireland must be authorised and regulated by the Central Bank of Ireland to provide mortgage advice or intermediary services. Operating without the correct authorisation is a criminal offence.

This authorisation is granted under the Consumer Credit Act 1995, updated and supplemented by the European Union (Consumer Mortgage Credit Agreements) Regulations 2016, and the Central Bank’s Minimum Competency Code (MCC).

To become authorised, brokers must meet fitness and probity standards, demonstrate the appropriate level of knowledge, and adhere to ongoing compliance procedures.

  1. Minimum Competency Code (MCC) and Qualifications

The Minimum Competency Code introduced by the Central Bank outlines the educational and professional requirements for those selling financial products or providing advice.

Mortgage brokers must hold a recognised qualification, such as the Qualified Financial Adviser (QFA) designation, or be enrolled in an accredited training programme while supervised.

In addition, brokers must:

  • Maintain continuous professional development (CPD) hours annually
  • Stay current with product knowledge and regulatory changes
  • Be competent to advise on mortgages and other financial products they are authorised to offer

Failure to meet MCC obligations can result in sanctions, including suspension of authorisation.

  1. Consumer Protection Code (CPC) 2012 (Updated)

The Consumer Protection Code is one of the most vital regulatory frameworks governing how financial services are delivered in Ireland. It ensures that consumers are treated fairly, transparently, and with integrity.

Key principles for mortgage brokers under the CPC include:

  • Acting in the best interests of the consumer
  • Ensuring that information provided is clear, accurate, and not misleading
  • Providing suitability assessments for all mortgage recommendations
  • Making adequate disclosure of fees, commissions, and any conflicts of interest
  • Maintaining accurate record keeping of all interactions and advice provided

As of 2025, an updated version of the CPC is under review, with proposed changes aiming to enhance disclosure requirements and strengthen the protection of vulnerable customers.

  1. European Mortgage Credit Directive (MCD)

The Mortgage Credit Directive was transposed into Irish law in 2016 and remains a cornerstone of regulatory practice for mortgage brokers dealing with residential property loans.

This directive introduced standardised practices across the EU and ensures:

  • Borrowers receive a European Standardised Information Sheet (ESIS) before entering a loan agreement
  • Brokers conduct creditworthiness assessments using reliable income and expenditure data
  • Enhanced pre contractual transparency, including the right to early repayment and clear risk warnings

For brokers, this means ensuring all documentation, illustrations, and advice are compliant with MCD rules especially when working with cross border clients or foreign income.

  1. Anti Money Laundering (AML) & Know Your Customer (KYC)

Mortgage brokers are considered designated persons under Irish anti money laundering legislation, meaning they are legally required to comply with:

  • Customer due diligence (CDD): Verifying the identity and financial background of clients before establishing a business relationship
  • Ongoing monitoring: Tracking client transactions for any suspicious activity
  • Suspicious transaction reporting (STRs): Filing reports to the Financial Intelligence Unit (FIU) where appropriate

Failure to adhere to AML and KYC obligations can lead to severe penalties, reputational damage, or loss of authorisation.

  1. Advertising and Marketing Rules

Advertising mortgage products comes with regulatory strings attached. All marketing materials whether online, in print, or broadcast must comply with the Consumer Protection Code and be:

  • Clear, fair, and not misleading
  • Not overly complex or technical in language
  • Balanced in highlighting both the benefits and risks

In 2025, with social media marketing and influencer promotions on the rise, mortgage brokers must ensure that all public facing content reflects accurate, compliant messaging. Breaches can lead to Central Bank investigations and fines.

  1. Switching and Remortgaging Protocols

With thousands of Irish homeowners now switching their mortgages to take advantage of better rates, brokers must follow strict switching protocols laid out by the Central Bank and individual lenders.

These include:

  • Ensuring clients understand all costs associated with switching
  • Comparing current and proposed repayments over the loan term
  • Providing written confirmation of any early break fees, legal costs, or changes in loan terms

Transparency is key when advising on switching. Brokers must not give misleading projections or omit material facts that could affect a client’s decision.

  1. Data Protection (GDPR)

As processors of sensitive financial information, mortgage brokers must adhere to the General Data Protection Regulation (GDPR) and Data Protection Act 2018. This includes:

  • Obtaining clear consent to collect and process client data
  • Providing access to personal data upon request
  • Ensuring data is stored securely and deleted appropriately

Data breaches can not only damage client trust but may also result in fines from the Data Protection Commission.

Final Thoughts: Compliance as a Cornerstone of Trust

For mortgage brokers in Ireland, understanding and upholding regulatory requirements isn’t just a legal obligation it’s a matter of professionalism and trust. Clients turn to brokers during some of life’s most significant financial decisions. By maintaining high compliance standards, brokers build credibility, reduce risk, and ultimately provide better outcomes for the people they serve.

As we move further into a digital first, regulation tightening environment, mortgage brokers must invest not only in training and certification but also in technology and systems that support compliance automated document collection, audit trails, and GDPR friendly communication channels.

If you’re a broker looking to review your compliance strategy or a homebuyer wanting to work with a reputable advisor, always ensure you’re engaging with a fully authorised, up to date mortgage intermediary.

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