Amending regulation mortgage credit 2026
On 7 July 2025, the amending regulation mortgage credit 2026 (the "Amending Regulation") was submitted for consultation. The Amending Regulation introduces a change to the Provisional scheme mortgage credit (Tijdelijke regeling hypothecair krediet) (the "Regulation").
New rules for energy-efficient properties
The Regulation determines the maximum amount of a mortgage loan in relation to income and the value of property. The Regulation is revised annually and Nibud (Nationaal Instituut voor Budgetvoorlichting) is allowed to advise thereon.
The maximum amount of a mortgage loan depends in part on the energy efficiency of the property. Property with lower energy costs can obtain a higher mortgage loan due to potentially lower energy expenses. The Regulation establishes amounts that are disregarded when determining the financing burden (financieringslast) (the portion of income that can be spent on mortgage payments), allowing consumers to borrow a higher amount.
Due to lower returns from solar panels as a result of the cost associated with returning electricity to the electricity network (return costs, terugleveringskosten) charged by energy companies and the planned termination of the netting scheme (salderingsregeling) in 2027, under the Amending Regulation, the above mentioned disregarded amounts have been reduced for properties with energy labels A+++ and A++++. Additionally, the additional amount that can be borrowed for energy-saving provisions for properties with energy label A+++ has been removed, due to the limited additional energy-saving measures that can be implemented for these types of properties (usually, no other energy-saving provisions can be taken apart from purchasing additional solar panels), and the returns of the investment being too insufficient to repay the additional borrowed amount within the mortgage term.
Implications for mortgage credit providers
The amending regulation mortgage credit 2024 introduced new rules for credit providers to consider the energy efficiency of properties when entering into a mortgage credit agreement. In the amending regulation mortgage credit 2024, an estimation was made of the costs of keeping ICT systems up-to-date. As a result of the changes under the Amending Regulation, mortgage credit providers shall have to further adjust their ICT systems.
The consultation period ends on 19 August 2025, and the Amending Regulation will come into effect on 1 January 2026.
Want more information on the possible consequences and implications of the Amending Regulation? Feel free to contact the specialists at Meijburg Legal.
