Regulated vs. unregulated bridging: which applies to your property?
A bridging loan can be either regulated or unregulated, and knowing which applies to your deal matters. The distinction affects how the loan is structured, the rules the lender must follow and the protections available to the borrower.
Quick answer: regulated bridging is generally used where an individual borrows against a property that is, or will be, occupied as their home. Unregulated bridging is more commonly used for investment, commercial and development purposes, including many buy-to-let transactions.
However, there are exceptions. The purpose of the loan alone does not determine its regulatory status.
The FCA’s definition of a regulated mortgage contract looks at factors including who is borrowing, what secures the loan and whether at least 40% of the land is used, or intended to be used, as a dwelling.
For property investors, the key question is therefore: what is the property, who is borrowing and how will it be used?
What is regulated bridging finance?
A regulated bridging loan is a short-term secured loan that falls within the FCA’s regulated mortgage framework.
A common example is someone buying a new home before selling their existing one. If the sale is delayed, a regulated bridge could provide the funding needed to complete the new purchase, with the existing property providing the exit.
The regulatory status depends on the circumstances of the transaction, not simply the fact that the loan is short term.
What is unregulated bridging finance?
Unregulated bridging sits outside the regulated mortgage contract regime and is commonly used by property investors, landlords, developers and businesses.
Typical examples include:
- Buying an investment property
- Auction purchases
- Refurbishment projects
- Below-market-value purchases
- Commercial property
- Development and conversion projects
- Buying property through a company
- Refinancing an existing investment property
Commercial premises are generally outside the regulated mortgage contract definition because they are not used as or in connection with a dwelling.
However, buying through a limited company does not automatically make a loan unregulated. The full circumstances of the transaction need to be assessed.
Residential doesn’t automatically mean regulated
This is one of the biggest misconceptions around bridging finance.
A residential property can be financed using either regulated or unregulated bridging, depending on how it is used and the circumstances of the borrower.
For example, refurbishing a property you intend to live in is different from refurbishing an investment property to sell or refinance.
There are also specific rules around consumer buy-to-let, with certain consumer buy-to-let bridging loans excluded from the definition of a regulated mortgage contract.
So “it’s residential, therefore it’s regulated” and “it’s an investment, therefore it’s unregulated” are both oversimplifications.
Why does the distinction matter?
Regulated and unregulated lending operate under different regulatory frameworks.
Where a mortgage contract is regulated, the relevant FCA rules and protections apply. Unregulated lending sits outside the FCA’s regulated mortgage regime, although other legal, contractual and regulatory requirements can still apply.
There can also be differences in the protections available to borrowers. The FCA has warned that customers dealing with certain unregulated lenders may not have access to the Financial Ombudsman Service.
For investors, understanding the status of the loan before committing to it is important.
Which type of bridge do property investors usually need?
For most professional property investors, the bridge will be unregulated.
If you are buying an investment property, refurbishing before refinancing, purchasing at auction, converting a building or buying commercial property, you will commonly be looking at unregulated bridging finance.
For example, imagine you find a £250,000 property requiring £50,000 of refurbishment before it can be refinanced onto a buy-to-let mortgage.
A short-term bridge could provide the purchase and refurbishment funding, with the refinance acting as the exit once the works are complete.
That would typically be an investment transaction rather than a regulated residential mortgage contract. The exact position still needs to be confirmed against the circumstances of the deal.
What about second-charge bridging?
Second-charge bridging has its own rules, so the usual regulated/unregulated assumptions do not always apply.
The FCA has specific exclusions for certain limited-payment second-charge bridging loans, subject to conditions.
If you are raising finance against a property that already has a mortgage, the regulatory position should therefore be checked rather than assumed.
What does the lender need to know?
Regardless of the regulatory status, the lender needs to understand whether the deal works.
You will typically need to provide details of:
- The property and its current and expected value
- How much you want to borrow
- What the money will be used for
- The condition of the property
- Your experience and financial position
- How the loan will be repaid
- Your proposed exit strategy
For an investment bridge, the exit is particularly important. If you plan to refinance after refurbishment, the lender needs to be comfortable that the property will reach the required condition and value. If the exit is a sale, the anticipated sale value and timescale need to make sense.
Can you choose whether your bridge is regulated or unregulated?
Generally, no.
The regulatory status follows the circumstances of the transaction. You cannot simply choose whichever category offers the terms you prefer.
This is why it is important to give your broker or lender an accurate picture of the property, borrower, intended use and exit strategy from the beginning.
Does regulated mean more expensive?
Not necessarily.
The rate you are offered depends on the overall risk of the transaction, including factors such as LTV, property type, borrower profile, exit strategy and the lender’s appetite.
Regulation and pricing are separate questions. The right question is not simply “Which is cheaper?” but “Which type of finance correctly fits this transaction, and what is the total cost?”
Why work with Sourced Financial Services?
Sourced Financial Services combines direct lending with whole-of-market brokerage.
If your deal fits our own lending criteria, we can fund it directly from Sourced funds. If it does not, our brokerage team can look across the wider market for an appropriate lender.
We can look at the borrower, property, purpose and exit strategy together rather than assuming every bridging deal works the same way.
Get your bridging finance quote
Whether your next project is an auction purchase, refurbishment, buy-to-let, commercial property or residential purchase, the first step is understanding what type of finance the transaction requires.
Sourced Financial Services can assess the deal, explain the available options and, where appropriate, provide funding directly.
Call the Sourced Financial Services team on 0333 360 5542 or email [email protected] to discuss your deal.
Frequently asked questions
What is the difference between regulated and unregulated bridging?
Regulated bridging falls within the relevant FCA-regulated mortgage framework where the transaction meets the definition of a regulated mortgage contract. Unregulated bridging sits outside that regime. The distinction depends on the borrower, property, security and circumstances of the transaction.
Is a bridging loan on a residential property regulated?
Not automatically. A residential property can be financed using either regulated or unregulated bridging, depending on how it is used and the circumstances of the borrower.
Is bridging finance for buy-to-let regulated?
Often, it will be unregulated, particularly for professional investment activity. However, consumer buy-to-let has its own regulatory treatment and certain consumer buy-to-let bridging loans are specifically excluded from the regulated mortgage contract definition.
Is a bridging loan through a limited company unregulated?
It will often be unregulated, but the company structure alone does not determine the regulatory status. The full circumstances of the transaction need to be considered.
Can I use regulated bridging to buy an investment property?
It depends on the circumstances of the borrower and property. The purpose of the loan alone does not determine whether a mortgage contract is regulated.
Are commercial bridging loans regulated?
Commercial premises are generally outside the FCA’s regulated mortgage contract definition because the property is not used as or in connection with a dwelling.
Is a second-charge bridge regulated?
It depends on the structure. The FCA has specific exclusions for certain limited-payment second-charge bridging loans, so a second-charge bridge should be assessed on its individual circumstances.
How do I know which type of bridging finance I need?
Give your broker or lender the full picture: who is borrowing, what property is being bought, how it will be used, how much you need and what the exit strategy is.
Those details allow the lender to establish the appropriate regulatory treatment and recommend suitable finance.