Home reversion & home purchase plans - applying for a variation of permission
Until Parliament has approved the proposed new regimes, we cannot publish the results, including the rules in their final form, of our consultation paper (CP 06/8) on the regulation of home reversion and home purchase plans. We hope to be in a position to publish in early November.
So the following is based on the draft rules in CP 06/8 and firms will not be able to apply for a variation to their Part IV Permission until the rules are published in their final form.
What are home reversion and home purchase plans?
A home reversion plan is one of two types of equity release products (the other being Lifetime Mortgages). About 95% of the equity release market is already regulated; introducing home reversions into the regulatory regime will mean that virtually all of this market will be covered.
A home purchase plan serves the same purpose as a regular mortgage – it provides consumers with finances for buying a home – but it is structured in a way that makes it acceptable under Islamic law. As interest is contrary to Islamic law, a home purchase plan is in essence a sale and lease arrangement.
How this will affect your firm
A firm must become authorised by the FSA if it wants to carry on any home reversion plan and/or home purchase plan regulated activities.
It is unlikely there are, or will be, brokers who advise and arrange only these products. We expect applicants seeking authorisation for these new activities will do so in combination with advice they are already providing on regular mortgage products (as well as possibly other products such as general insurance and personal investment).
Depending on your firm's current permission, one of the following 3 situations will apply.
Please click on the relevant link to find out what your firm needs to do next:
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You are an authorised firm that wants to carry on regulated activities in relation to home reversion plans and / or home purchase plans that excludes lending. (See section 1)
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You are an authorised firm that wants to carry on regulated activities in relation to home reversion plans and / or home purchase plans that includes lending. (See section 2)
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You are not currently an authorised firm. (See section 3)
If you are in any doubt about whether you are carrying on a regulated activity, you should consult the guidance for firms on the new home finance activities found in Appendix 3 of CP06/8 (this is draft guidance which will be updated and made final after Parliament has approved the new regimes). Or you should consult the relevant legislation available on the HM Treasury website. You may also want to seek independent legal advice, if appropriate.
1. Application for new regulated activities that excludes lending
You are an authorised firm that wants to carry on regulated activities in relation to home reversion plans and / or home purchase plans that excludes lending.
For your firm to be authorised to carry on regulated activities in relation to home reversion plans and / or home purchase plans that excludes lending, you must apply for a Variation of Permission (VoP).
To do this, please complete the new Variation of Permission application form for home reversions and home purchase plans.
Please ensure that you answer all the questions fully and provide any supporting documents that we ask for in section 8 of the application form.
Remember to enclose a cheque in full payment of the relevant application fee.
Any application that does not include the fee will be returned unactioned.
The application form is available for you to review and to start to complete from 22 September 2006. However, we cannot accept your application until 6 November 2006. Your application has to be based on the rules in their final form. So you cannot send it in until the final rules have been published. HM Treasury's statutory requirements also prevent us from processing your application until after 6 November 2006.
We will acknowledge your application, advising who will be the case officer assigned to your application.
How much will it cost?
There is a one-off fee to enable us to process the application. The amount will depend on whether the application is straightforward, moderately complex or complex. We expect most applications to be straightforward. The fee is 50% of the tariff set out in our rules. Information of the current fee levels can be found in FEE3 annex1R.
When applying for a variation of part IV permission you must send a cheque for the relevant fee in full with the application form. Your application will not be processed until the full fee is received (post-dated cheques will not be accepted).
The application fee is non refundable, so you need to be certain that you wish to go ahead with the application before applying.
How long will it take?
We process most applications well within the statutory standards which are set out in the Financial Services and Markets Act 2000. Generally speaking, a straightforward application takes between two and three months. Our service standards are published on our website and, periodically, our performance against these standards. Our current performance is shown on the Service Standards pages.
2. Application for new regulated activities that includes lending
You are an authorised firm that wants to carry on regulated activities in relation to home reversion plans and / or home purchase plans that includes lending.
For your firm to be authorised to carry on regulated activities in relation to home reversion plans and / or home purchase plans that includes lending you must apply for a Variation of Permission (VoP).
To do this, please complete the new Variation of Permission application form for home reversions and home purchase plans.
Please ensure that you answer all questions fully and pay particular attention to providing the supporting documents we ask for in section 8 of the application form. These documents must be sent with any lending application.
Because of the nature of your application, we may need to ask for further information/documents. We will know whether this is the case once you have sent your VoP form. We will base any such requests on a risk-based approach and keep them to a minimum.
Remember to enclose a cheque for the full relevant application fee.
Any application that does not include the requested supporting documents or the full application fee will be returned.
The application form is available for you to review and to start to complete from 22 September 2006. However, we cannot receive your application until 6 November 2006. As your application must be based on the rules in their final form, you can not send in your application until the final rules have been published. HM Treasury's statutory requirements also prevent us from processing your application until 6 November 2006.
We aim to acknowledge your application, telling you which case officer is assigned to your application.
How much will it cost?
There is a one-off fee to enable us to process the application. The amount will depend on whether the application is straightforward, moderately complex or complex. We expect most applications to be straightforward. The fee is 50% of the tariff set out in our rules. Information of the current fee levels can be found in FEE3 annex1R.
When applying for a variation of part IV permission you must send a cheque for the relevant fee in full with the application form. Your application will not be processed until the full fee is received (post-dated cheques will not be accepted).
The application fee is non refundable so you need to be certain that you wish to go ahead with the application before applying.
How long will it take?
We process most applications well within the statutory standards which are set out in the Financial Services and Markets Act 2000. Generally speaking, a straightforward application takes between two and three months. Our service standards are published on our website and, periodically, our performance against these standards. Our current performance is shown on the Service Standards pages.
3. Not currently authorised
You are not currently an authorised firm and you want to carry on home reversion plans and/or home purchase plans regulated activities
As you are not an authorised firm, you are unable to use the Variation of Permission process.
You will need to be granted authorisation as an FSA firm before carrying on any home reversion plan or home purchase plan regulated activity after 6 April 2007.
To apply, please refer to How do I get authorised?

