10
Mandatory minimum reflection days before you can accept a mortgage offer. The lender must keep the offer open for at least 30 days from receipt. Acceptance before 10 days risks nullity of the loan.
≥1 mo.
Minimum duration of the suspensive condition protecting you if finance is refused. The sale contract must give you at least one month to find, apply for, and obtain your mortgage — any stricter timeline is void.
3% / 6mo.
The early repayment indemnity cap: no more than 3% of the outstanding capital before repayment, and no more than six months' interest on the repaid amount at the average loan rate — whichever is lower.

What the Mortgage Credit Framework Covers

The mortgage credit rules — originally enacted as the loi Scrivener II of 13 July 1979 and substantially updated by Ordonnance 2016-351 of 25 March 2016 — are codified in Articles L 313-1 and following of the Code de la consommation. They are ordre public: the parties cannot agree in advance to waive them, and any attempt to do so is void (Cass. 1ère civ. 27-6-1995 n° 92-19.856). They can, however, waive the benefit of rights already acquired under the framework.

The rules apply to all loans granted to natural persons acting outside any professional capacity, where the loan finances an operation of a residential or mixed residential-professional nature relating to an immoveable asset used or intended to be used for housing (C. consom. Art. L 313-1, 1°). There is no floor or ceiling on the amount, and no limit on the duration. The operations covered include:

  • Acquiring residential or mixed-use property, with or without works
  • Subscribing to or purchasing shares in a company that allocates rights in residential property
  • Buying land for the purpose of construction
  • Carrying out construction works

The rules also apply to credit secured by a mortgage or equivalent charge over residential property regardless of its purpose, and to credit taken by certain private legal entities (C. consom. Art. L 313-1, 2° and 3°).

What is excluded

Several categories fall outside the framework entirely (C. consom. Art. L 313-2): loans for professional real estate activities (property dealing, development, and SCIs acting in a professional capacity); loans to public legal entities; interest-free loans with no costs beyond those covering the guarantee; one-month overdrafts; court-approved arrangements; loans resulting from over-indebtedness repayment plans; and the prêt viager hypothécaire (which has its own separate regime). Commercial or office-only property also falls outside the framework.

Repair and Improvement Works — Which Regime Applies?

Credit financing repair, improvement, or maintenance works not linked to a property acquisition is governed by the consumer credit rules (not the mortgage credit rules), unless it is secured by a mortgage or equivalent residential property charge (C. consom. Art. L 312-4, 3°). This distinction matters for the applicable protections — particularly the 14-day withdrawal right under consumer credit vs the 10-day reflection period under mortgage credit.

Pre-Contractual Obligations: What the Lender Must Give You

Advertising

Mortgage credit advertising is strictly regulated. Any advertisement that quotes figures must include the TAEG in a representative example and state clearly that a 10-day reflection period applies, that the sale is subject to obtaining the loan, and that if the loan is not obtained the buyer must be reimbursed (C. consom. Art. L 313-3 and R 313-1). Advertising that equates monthly repayments with rent, or that refers to social benefits as a basis for calculating affordability, is prohibited (C. consom. Art. L 313-5).

The standardised European information sheet (FISE)

The lender must provide the borrower, at the latest when the credit offer is issued, with a standardised European information sheet (FISE). This document must follow a mandatory template and cover: the lender; any credit intermediary; the loan's key characteristics; the interest rate and all other charges; the repayment schedule; the TAEG; any additional obligations; early repayment terms; variable-rate features if applicable; other borrower rights; the complaints procedure; and the consequences of non-compliance with the borrower's obligations (C. consom. Art. L 313-7 and R 313-4).

Personalised explanations and specific risk warnings

The lender must provide the borrower, free of charge, with adequate personalised explanations allowing them to assess whether the proposed credit and any ancillary services are suited to their needs and financial situation (C. consom. Art. L 313-11). The lender must also warn the borrower free of charge whenever, given their financial situation, the credit creates specific risks (C. consom. Art. L 313-12). For a non-specialist borrower, the lender must warn them if the repayment burden appears excessive relative to their resources — this obligation is firmly established by case law (Cass. ch. mixte 29-6-2007 n° 05-21.104).

Solvency assessment

Before committing to any mortgage credit, the lender must verify that the borrower's obligations will very likely be met. This requires a rigorous solvency assessment covering the borrower's income, savings and assets, regular expenses, existing debts and financial commitments, and events that could arise during the loan term — including the possibility of interest rate increases (C. consom. Art. L 313-16 and R 313-14). Consultation of the FICP is mandatory. Once the loan is concluded, the lender cannot subsequently rescind it on the basis that their own solvency check was inadequate — unless the borrower deliberately concealed or falsified material information (C. consom. Art. L 313-17).

The Mortgage Offer: Form, Content, and Timing

The lender must send the mortgage offer — not hand it over at a counter — on paper or another durable medium, free of charge, to the borrower and to each guarantor who is a natural person (C. consom. Art. L 313-24). The offer must contain at minimum (C. consom. Art. L 313-25):

  • The identity of all parties (and guarantors where applicable)
  • The loan amount, total cost, TAEG, and any indexation provisions
  • The nature, object, and drawdown conditions of the loan
  • For fixed-rate offers, a full amortisation schedule showing the capital/interest split at each instalment
  • For variable-rate offers, a notice explaining the rate adjustment mechanism and a simulation showing the impact of a rate change on instalments, duration, and total cost
  • All required security and insurance — including a statement that the borrower may choose their own insurer provided the cover is equivalent
  • The early repayment indemnity calculation method
  • The amount of charges that may be retained if the main contract is not concluded — capped at 0.75% of the loan, with a maximum of €150 (C. consom. Art. L 313-38 and R 313-22)

Once sent, the offer binds the lender for a minimum of 30 days from receipt by the borrower (C. consom. Art. L 313-34). Any change to the material terms requires a new offer to be issued. A lender who fails to comply with the offer requirements faces a maximum fine of €150,000 (C. consom. Art. L 341-37) and potential forfeiture of all or part of the interest (déchéance du droit aux intérêts).

Acceptance: The Mandatory 10-Day Reflection Period

The borrower and each natural-person guarantor may not accept the mortgage offer until at least 10 days have elapsed from receipt (C. consom. Art. L 313-34, al. 2). During those 10 days, no money may move in either direction. Acceptance must be expressed in writing, with the date of posting constituting the effective date.

Breaching this rule exposes the lender to forfeiture of all or part of the interest. If the borrower accepts before the 10-day period expires, the sanction is nullité relative — a nullity that the borrower alone can invoke, within a five-year prescription period (Cass. 1ère civ. 9-7-2003 n° 01-11.153).

The Two Conditions on Which a Mortgage Contract Takes Effect

Even after the offer is properly accepted, the mortgage contract is subject to two further conditions (C. consom. Art. L 313-36 and L 313-37):

1. A resolutory condition: the main sale contract must be concluded within four months of the borrower accepting the mortgage offer (or a longer period agreed in the contract). If the sale is not concluded in time, the mortgage contract is automatically cancelled and the borrower must repay any sums already advanced together with applicable interest.

2. A suspensive condition: where the borrower is using multiple loans each exceeding 10% of the total financing and has notified each lender of this, every individual mortgage contract is conditional on the others also being granted.

The Suspensive Condition of Obtaining Finance

The sale contract must state whether the purchase price will be paid wholly or partly through mortgage credit. Where it will be, the sale contract is automatically entered into under a suspensive condition of obtaining the loan(s) (C. consom. Art. L 313-40 and L 313-41). If finance is refused, the sale falls away and all sums paid at signing must be returned to the buyer, with interest at the legal rate plus half from 15 days after a repayment request (C. consom. Art. L 341-35).

The suspensive condition must give the buyer a minimum of one month to find, apply for, and obtain their loan (C. consom. Art. L 313-41, al. 1). Any term in the preliminary sale agreement requiring the buyer to submit a loan application within ten days is void (Cass. 3ème civ. 12-2-2014 n° 12-27.182). A failure to file a proper application, or filing too late, causes the condition to be deemed fulfilled against the buyer (Cass. 3ème civ. 11-1-1989).

Crucially, once a conforming offer has been made by the bank, the loan is considered "obtained" — even if the buyer declines to accept it (Cass. 1ère civ. 2-6-1993 n° 91-10.578). The buyer cannot deliberately prevent the condition from being fulfilled and then claim the protection of the non-fulfilment.

If the sale contract expressly states that the buyer will not be using credit, the buyer must add a handwritten statement acknowledging they have been told that using credit later will deprive them of the statutory protections. In a notarially authenticated deed or an act countersigned by a lawyer, no handwritten statement is required.

Insurance: Your Right to Choose — and to Switch

Lenders routinely require the borrower to take out insurance — covering death, total and permanent disability, or unemployment — as a condition of granting the loan. The lender typically offers its own group insurance contract, but the borrower is not obliged to accept it.

Before signing the offer: the lender cannot refuse an alternative insurance contract presented by the borrower, provided the alternative offers an equivalent level of cover to the lender's own product (C. consom. Art. L 313-30, as amended by Loi 2022-270 of 28 February 2022).

After signing: since the 2022 reform, the borrower may cancel the insurance contract at any time, replacing it with another offering equivalent cover. The lender has 10 working days to accept or reject the substitute contract and must give explicit, fully reasoned grounds for any rejection. If the substitute is accepted, the lender must amend the mortgage contract by addendum within 10 working days, updating the TAEG accordingly. The lender cannot modify the interest rate, the repayment structure, or any condition of the credit, nor demand any additional fee — including any fee for analysing the substitute policy (C. consom. Art. L 313-31 and L 313-32).

With every insurance proposal, the lender must give the borrower a standardised information sheet confirming the types of guarantees offered, that the borrower may choose their own insurer, and that the existing policy can be cancelled at any time after signing. The lender must also disclose the annual effective insurance rate (TAEA), the total cost in euros over eight years and over the full loan term, and the monthly premium (C. consom. Art. L 313-10 and R 313-8 to R 313-10).

Security: Mortgage vs Personal Guarantee

The lender may require security in one of two main forms: a hypothèque légale spéciale du prêteur de deniers (statutory mortgage in favour of the purchase-money lender, now governed by C. civ. Art. 2402, 2°) or a conventional mortgage (C. civ. Art. 2385). Alternatively, a borrower may offer a personal guarantee from a natural or legal person.

Where the guarantor is a natural person, they receive the same information and protection as the borrower. The lender must notify the guarantor of the borrower's first missed payment within the month following its due date — failure to do so causes the lender to lose the right to the interest and penalties accrued between the date of the incident and the date of notification (C. civ. Art. 2303). The guarantor is also entitled to an annual written statement of the extent of their ongoing commitment.

Early Repayment

The borrower may always repay their mortgage in whole or in part ahead of schedule (C. consom. Art. L 313-47, al. 1). The contract may prohibit early repayments of 10% or less of the original loan amount, except for the final balance. When the lender claims an early repayment indemnity, it is capped at whichever is lower of (C. consom. Art. L 313-47, al. 2 and R 313-25):

  • Six months' interest on the repaid amount calculated at the average loan rate, and
  • 3% of the capital outstanding before the repayment

This indemnity is a clause pénale and can be reduced by a court if it is manifestly excessive (C. civ. Art. 1231-5).

No indemnity at all is due where the repayment is triggered by the sale of the financed property following: a change in the professional workplace of the borrower or their spouse; the death of either; or the forced cessation of the professional activity of either — provided these events cause the sale (C. consom. Art. L 313-48). These exemptions apply only to contracts concluded after 30 June 1999.

Before proceeding, the lender must provide the borrower with written information quantifying the consequences of repaying early and clearly stating the assumptions used (C. consom. Art. L 313-47, al. 3).

Default: What the Lender Can Claim

If the borrower fails to meet their obligations, the lender has two options (C. consom. Art. L 313-50):

Grant a payment delay: during any period of extended time allowed by the lender, the interest rate can be increased by a maximum of three percentage points above the contractual rate.

Terminate and demand immediate repayment: on termination, the lender may demand the outstanding capital and unpaid accrued interest (which continue to accrue at the contractual rate until effective payment) plus an indemnity capped at 7% of the sum of outstanding capital and unpaid accrued interest (C. consom. Art. L 313-51 and R 313-28). No other charges may be levied, but the lender may recover documented costs directly caused by the default (C. consom. Art. L 313-52).

The lender's action for payment against the defaulting borrower prescribes in two years (C. consom. Art. L 218-2). For overdue instalments, time runs from each successive due date; for the outstanding capital after acceleration, it runs from the date the lender demanded immediate repayment (Cass. 1ère civ. 11-2-2016 n° 14-27.143).

The Loan and the Sale: Linked Contracts

Beyond the suspensive condition at formation, the mortgage loan and the sale contract remain connected during performance. If the buyer disputes the execution of construction, renovation, or project management works and brings a legal action, they can ask a court to suspend mortgage instalments — provided the lender is joined in the proceedings (C. consom. Art. L 313-44).

If the main sale contract is judicially annulled, the mortgage contract is automatically cancelled as well (Cass. 1ère civ. 7-7-1998 n° 96-15.098). Restitution follows: the lender recovers the capital advanced but cannot claim contractual interest — only legal interest from a formal demand to repay (Cass. 1ère civ. 7-4-1999 n° 97-15.728).

The Bridging Loan (Prêt-Relais)

A borrower who needs to buy a new property before selling their existing one can use a prêt-relais — a short-term loan that bridges the gap between immediate financing needs and the expected sale proceeds. The bridging loan constitutes personal equity (apport personnel) for the purpose of the new acquisition and is repaid in full once the old property is sold (C. consom. Art. L 313-1). Key characteristics under the framework:

  • Maximum duration: two years. The loan is short-term by nature and can always be repaid early without penalty.
  • Amount: typically 60–80% of the estimated value of the property to be sold, to be agreed with the lender.
  • Interest: payable either monthly or as a lump sum together with capital repayment at the time the old property sells (in which case the interest is capitalised).
  • End of term: if the sale has not occurred by the agreed end date, the bridging loan becomes immediately repayable — though some contracts provide for conversion into a standard mortgage.

The Viager Hypothécaire: Equity Release for Older Homeowners

The prêt viager hypothécaire — sometimes called the hypothèque inversée or reverse mortgage — is a loan granted by a bank or financial institution to a natural person, either as a lump sum or periodic payments, secured by a mortgage on a residential property they own (C. consom. Art. L 315-1). Neither the capital nor the accumulated capitalised interest can be demanded until the borrower's death, or until the sale or démembrement of the mortgaged property if that occurs earlier. It cannot be used to finance professional activity, on pain of nullity (C. consom. Art. L 315-3).

Debt cap: the lender cannot claim more than the property is worth

The borrower's (or their heirs') total debt can never exceed the value of the mortgaged property assessed at the date the repayment falls due (C. consom. Art. L 315-15, al. 1). Where the loan terminates at death, the heirs may pay the capped debt; if they do not, the lender may foreclose and sell the property. If the property value exceeds the debt outstanding at term, the surplus is paid to the borrower or their heirs (C. consom. Art. L 315-15, al. 2).

Acceleration events

The lender may accelerate the loan if the borrower: allows the property to lose value through their own actions; changes the property's designated use; refuses to allow the lender access to verify the property's condition; or, in the case of a loan with periodic interest payments, defaults on one or more interest instalments (C. consom. Art. L 315-13 and L 315-14).

The prêt avance mutation

A variant, the prêt avance mutation (PAM), is a loan granted for renovation works, secured by a mortgage and repayable upon the sale (mutation) of the property (C. consom. Art. L 315-2). A State energy renovation guarantee fund (FGRE) can guarantee PAMs used for energy performance improvements to the borrower's principal residence, covering up to 75% of the outstanding amount after 20 years without repayment.

Special offer formalities

The viager hypothécaire has its own dedicated offer formalities. The offer must include the exact description of the mortgaged property; its value assessed by an expert jointly chosen by the parties; the drawdown schedule with an illustration showing when net equity in the home would be exhausted; and the TAEG calculated per five-year tranche (C. consom. Art. L 315-9). The lender must keep the offer open for a minimum of 30 days. Acceptance requires a notarially authenticated deed and can only follow a minimum 10-day reflection period, during which no payment may be made in either direction (C. consom. Art. L 315-11).

Key Points: Mortgage Credit Rights in France
The mortgage credit rules are ordre public and apply to all housing-linked loans to natural persons acting outside any professional capacity — with no floor or ceiling on amount or duration. Commercial property, professional lending, and SCIs acting professionally are excluded.
The lender must provide a standardised European information sheet (FISE), personalised explanations, a specific risk warning where the loan creates particular financial risks, and a rigorous solvency assessment consulting the FICP. Once the loan is concluded, the lender cannot rescind it on the basis that their solvency check was inadequate unless the borrower deliberately concealed information.
The mortgage offer must be sent (not handed over), binds the lender for at least 30 days from receipt, and must contain the full amortisation schedule for fixed-rate loans or a rate-variation simulation for variable loans. The offer must confirm the borrower's right to choose their own insurer.
Acceptance cannot happen before 10 days from receipt. No money can move in either direction during that period. Premature acceptance exposes the lender to forfeiture of interest and the borrower to nullity of the loan (invocable within five years).
After acceptance, the mortgage contract is still conditional on the main sale being concluded within four months. Where multiple co-financing loans are used (each above 10% of total), each is conditional on the others being granted as well.
The sale contract must include a suspensive condition giving the buyer at least one month to obtain finance. If the loan is refused, the sale fails and all sums paid must be returned. Any contractual term reducing this one-month minimum is void. The condition is deemed fulfilled if the buyer prevents it themselves — including by failing to file a proper application on time.
Since 2022, the borrower may substitute the insurance at any time after signing. The lender has 10 working days to accept or reject a substitute policy of equivalent cover. It cannot change the loan terms or charge any fee in exchange for accepting the substitution.
Early repayment is always allowed. The indemnity is capped at the lower of 3% of outstanding capital or six months' interest at the average loan rate, and may be reduced by a court. No indemnity is owed where the sale is triggered by a change of professional workplace, the death, or the forced career end of the borrower or their spouse.
On default: the lender may apply up to three additional percentage points on the interest rate if it allows a delay. If it terminates, it may claim a maximum 7% indemnity on outstanding capital and unpaid interest, plus documented costs. The two-year prescription on payment actions runs from each missed instalment date, or from the acceleration date for the full capital.
The viager hypothécaire (reverse mortgage) lets older homeowners access their property equity without selling, repayable only at death or on sale. The borrower's debt is capped at the value of the property on the repayment date — the heirs can never owe more than the property is worth.
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This article is provided for general information and educational purposes only. It does not constitute legal advice. The mortgage credit rules described here apply to the residential credit framework under the Code de la consommation. Subsidised loan products (prêt conventionné, PTZ, PAS, PLI) are subject to additional regulatory conditions not covered in this article. Individuals with specific disputes or insurance substitution questions should seek advice from a qualified French lawyer (avocat), notaire, or accredited credit intermediary.