Right to be forgotten

Easier access to a mortgage for former cancer patients

Publié le null - Directorate for Legal and Administrative Information (Prime Minister)

Five years after their recovery, cancer and hepatitis C patients will be able to obtain a mortgage on the same terms as all borrowers. This provision will be extended to other chronic diseases. This is what the act provides for fairer, simpler and more transparent access to the market for borrower insurance. The law also removes the medical questionnaire for loans of less than €200,000. It also introduces the termination of the borrower's insurance at any time.

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Image 1Crédits: © Ngampol - stock.adobe.com

Published on Official Journal of 1er March 2022, the law for fairer, simpler and more transparent access to the borrower insurance market simplifies the conditions for borrowing for a real estate acquisition for former cancer and hepatitis C patients: five years after the end of their treatment protocol (active treatment phase), and in the absence of relapse, they will no longer have to declare this history of illness to their insurer. Previously on right to be forgotten was 10 years, except for cancers discovered before age 21, for which it was already five years.

This new provision will allow these individuals to more quickly return to borrower insurance rates identical to those of all borrowers and thus reduce their borrowing costs. It will be extended to other chronic diseases, such as diabetes, through a negotiation among the signatories of the AREAS (Insurance and Borrowing with an Aggravated Health Risk) convention, which brings together the state, insurance and banking professional federations, patients' associations and consumers. If no agreement is reached, this extension will be fixed by decree in the Council of State by July 31, 2022.

On the other hand, for borrowings less than €200,000 the health questionnaire of the borrower's insurance is deleted by the insured and whose repayment maturity occurs before the borrower's 60th birthday. No medical examination of the insured person may be requested by the insurer.

These measures come into force on 1er June 2022.

Terminate and change your borrower insurance at any time, it is possible

The law of 28 February 2022 also opens the possibility to terminate and change at any time of insurance borrower, free of charge. Several texts had gradually enabled this solution, which was intended to facilitate the renegotiation of insurance conditions in order to benefit from a better rate, but it was still little used by people who had taken out a mortgage.

This measure shall apply from 1er June 2022 for new loans, and from 1er September 2022 for contracts outstanding at that date. Insurers will have to inform their policyholders of this right of cancelation every year. They will also be required to report the cost of borrowing insurance for eight years.

Please note

The purpose of this Act is to

end unfair discrimination against many mortgage borrowers who have been, or are, sick

, points out the Senate. Indeed, depending on borrowers’ medical history and chronic medical conditions, rates can be very high, and even a strong deterrent, to considering a real-estate acquisition project.