Responsible lending laws help make sure that banks don’t let you borrow more money than you can realistically repay. They were brought in in 2009 and reinforced after the Banking Royal Commission in 2019, with tighter lending practices put in place.
In March 2021, as part of the Federal Government’s response to COVID-19, a bill to repeal part of the responsible lending laws was put forward. The changes are intended to reduce red tape and make the application process easier when accessing loans.
Here’s what home buyers need to know.
Proposed changes to responsible lending laws will ease the lender’s investigative process, shifting the responsibility onto the applicant to report their circumstances truthfully. Featured here: Langholm, Newhaven Estate, Tarneit.
In early 2019, the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Inquiry (the Banking Royal Commission) wrapped up with a series of recommendations. Many of these centred around responsible lending laws.
Originally introduced in 2009, following the Global Financial Crisis, responsible lending laws set out what lenders can and can’t do. The laws require lenders to make sure that borrowers are able to repay the loans they offer. This requires them to make ‘reasonable enquiries’ into a borrower’s financial situation, and take steps to verify it.
The Banking Royal Commission recommended that no changes be made to the laws themselves, but it did cast a spotlight on the way that lenders were implementing them.
After the Banking Royal Commission, many lenders tightened up their practices in a number of ways:
2021 responsible lending reform
The proposed reforms would remove responsible lending requirements from all loans except high-risk products (which are short term personal loans and consumer leases like car loans). They would see a move away from a ‘lender responsibility principle’ and towards a ‘borrower responsibility principle’.
In theory, lenders would no longer need to investigate borrowers’ financial situation. The ‘borrower responsibility principle’ means that the responsibility lies with the borrower to be truthful.
In practice, it’s likely that lenders will still make the necessary enquiries to see if you can afford your loan. The changes don’t excuse lenders from their lending obligations under the Australian Prudential Regulation Authority (APRA), for example. APRA’s standards govern over 90% of all credit extended to Australian borrowers and apply to all Authorised Deposit-taking Institutions (ADIs), which includes banks and home loan providers.
The changes also mean that lenders will feel less tied to a risk-averse ‘one-size-fits-all’ approach and can use discretion when approving loans.
Changes to responsible lending laws will give borrowers more discretion and autonomy. It could also make the application process a whole lot more efficient.
What can borrowers expect?
It’s worth noting that as at time of publication, the proposed reforms aren’t yet law. The new bill has struggled to garner cross-bench support in the Senate and is currently on pause. However, there is a very good chance they’ll be passed in the near future, so it’s a good idea to be prepared.
Either way, you should still expect to provide information to the lender to show that you can afford your loan.
The main difference will be that the lender can rely on the accuracy of that information without double-checking it in detail. They won’t be held responsible if it isn’t correct.
This gives borrowers some discretion; and, arguably, more autonomy. Here are two common examples:
Under the stricter rules, lenders must look at your bank statements and calculate your current expenditure as if it will be the same in the future. Both of these examples could reduce how much the bank thinks you can afford.
For borrowers in unconventional employment, or whose situation is otherwise unusual, the ability of lenders to use discretion may also be helpful. Banks can make decisions within their risk appetite and using their understanding of your unique circumstances.
The loan application process may become faster and more efficient if lenders don’t have to go through bank statements line by line.
The responsible lending changes may also promote competition and therefore competitive rates. If the application process for a new home loan or refinance is faster and easier, borrowers are more likely to explore their options and take advantage of new deals.
If you’re ready to look for a home loan, or you just want to know what your options are, speak to one of our in-house construction finance specialists.
Ready to pick out the perfect house and land package? Call Carlisle Homes on 1300 535 416.