Unregulated vs regulated bridging loans – comparing features, risks and business cases

Last updated on 26 May 2023

As businesses navigate the complexities of raising capital and managing financial flows, understanding the various funding options available is critical. Among these, bridging loans serve as a valuable tool.

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These loans are designed to provide quick, short-term finance for various situations, often linked to property transactions. Bridging loans can be categorised into two types: regulated and unregulated. Here, we’ll examine both types, the implications of each and how they might be suited to your business.

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Unregulated bridging loans vs regulated bridging loans

FeatureRegulated Bridging LoanUnregulated Bridging Loan
OversightYes (by the FCA)No
Typical UseResidential property-related needsCommercial property or business needs not directly related to residential properties
Borrower ProtectionHigh (FCA regulation)Less (No FCA regulation but general contract laws apply)
Application Process SpeedSlower (due to regulatory checks)Faster (fewer checks)
EligibilityStrict (due to FCA guidelines)More flexible
Complaints and Dispute ResolutionFormal channel available through the FCANo formal channel (but general contract law applies)
Flexibility in UseLess (typically tied to residential property transactions)More (can be used for a wider range of business needs)

This table gives an overview of the main differences between the two types of loans. However, individual lenders may have their own additional terms, conditions, and criteria, so it’s crucial to discuss any potential loan agreement with a financial advisor before proceeding.

Regulated bridging loans

Regulated bridging loans are overseen by the Financial Conduct Authority (FCA), the regulatory body for financial services in the UK.

These loans are primarily designed for individuals, families, or businesses whose funding needs are tied directly to a residential property, for instance, buying a new house before selling the current one, or a company purchasing a residential building to convert into offices.

Because they’re regulated, these loans come with a degree of protection for borrowers. The FCA sets stringent guidelines for lenders, including how they should treat customers, the information they must provide, and the checks they need to carry out before agreeing to lend.

The advantage is that in the event of a dispute or malpractice, you, as a borrower, have a formal channel for complaints and potential recourse.

On the flip side, the rigorous checks and rules around regulated loans mean that the application process may take longer. It can also mean that not all borrowers will qualify.

Unregulated bridging loans

Unregulated bridging loans, as the name suggests, aren’t regulated by the FCA. These loans are typically for commercial properties or for business purposes not directly linked to residential properties.

This could include purchasing land for development, acquiring business premises, or providing working capital for a business.

Without the oversight of the FCA, unregulated bridging loans can be processed more quickly, allowing businesses to take advantage of timely opportunities.

They also have more flexibility in terms of what they can be used for, and who can apply for them. This means they can often fill a gap where regulated loans can’t.

However, it’s essential to understand that the lack of regulation does not mean an absence of responsibility on the part of the lender.

They are still bound by general laws around contracts and lending, and many lenders still choose to adhere to industry best practice. But there is less formal protection for the borrower, and so due diligence is critical when choosing a lender for an unregulated loan.

Choosing the right loan for your business

The choice between a regulated and unregulated bridging loan will largely depend on your specific circumstances and needs. If your loan is tied to a residential property, a regulated loan may provide more protection and peace of mind. However, if speed and flexibility are key, an unregulated loan may be more suitable.

Regardless of the type of loan you choose, it’s crucial to seek professional advice. Engage with a financial advisor or a solicitor who understands your business, its financial needs, and the regulatory landscape. They can help you assess potential lenders, interpret loan terms, and navigate the application process.

Unregulated vs regulated bridging loans – Verdict

In conclusion, both regulated and unregulated bridging loans serve a purpose in the financial landscape, providing short-term solutions for businesses and individuals alike. By understanding the differences between these loans and assessing your needs, you can choose the best solution for your business. Always remember that professional advice is crucial to making the right decision.

FAQ

What is a bridging loan?

A bridging loan is a short-term finance solution designed to ‘bridge’ a gap in funding, often related to property transactions. It can be a useful tool for businesses and individuals requiring swift access to capital.

How does a regulated bridging loan differ from an unregulated one?

The primary difference lies in the oversight. Regulated bridging loans are overseen by the Financial Conduct Authority (FCA), providing additional protection for borrowers but often requiring a more detailed application process. Unregulated bridging loans lack this oversight, offering faster access and more flexibility but with less formal protection.

Can businesses apply for regulated bridging loans?

Yes, businesses can apply for regulated bridging loans if the funding is directly linked to a residential property. For instance, if a business is purchasing a residential building for conversion into offices.

What types of properties can unregulated bridging loans be used for?

Unregulated bridging loans are commonly used for commercial properties, land for development, or non-residential related business purposes.

Are unregulated bridging loans risky?

Not necessarily, but they do come with less formal protection for the borrower. While lenders are still bound by general contract law, it’s crucial to perform due diligence when selecting a lender for an unregulated loan.

What happens if I can’t pay back my bridging loan?

If you cannot repay your bridging loan, the lender could take possession of the property used as security for the loan. It’s essential to have an exit strategy (how you plan to repay the loan) before borrowing.

Can I get a bridging loan for a business venture not linked to any property?

Yes, particularly in the case of unregulated bridging loans, which can provide working capital for business needs not directly linked to properties. Always discuss your specific needs with your financial advisor or lender.

Remember, these are general answers and may not apply to every situation or lender. Always consult with a financial advisor or solicitor to understand your options fully.

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