SUP 16.11 Product Sales, Performance and Back-book Data Reporting

This section applies:

1. (1)

   in relation to sales data reports, to a firm:

   1. (a)

      which is a home finance provider; or

   2. (aa)

      which is a P2P platform operator which facilitates entry into a regulated mortgage contract, home purchase plan, home reversion plan or regulated sale and rent back agreement where the lender or provider does not require permission to enter into the transaction; or

   3. (b)

      which is:

      1. (i)

         a threshold 1 category A firm;

      2. (ii)

         a threshold 1 category B firm;

      3. (iii)

         a threshold 2 category A firm;

      4. (iv)

         a threshold 2 category B firm; or

      5. (v)

         a non-threshold short-term loan firm; or

   4. (c)

      which is, in respect of sales to a retail client or a consumer:

      1. (i)

         an insurer; or

      2. (ii)

         the manager of an authorised AIF or a UCITS scheme; or

      3. (iii)

         the operator of an investment trust savings scheme, or a personal pension scheme; or

      4. (iv)

         a person who issues or manages the relevant assets of the issuer of a structured capital-at-risk product;

      unless the firm is a managing agent;

2. (2)

   in relation to performance data reports:

   1. (a)

      to the firm (“A”) which entered into the regulated mortgage contract;

   2. (b)

      where the right of the lender to receive payments under the regulated mortgage contract has passed to another person (“B”) by legal or equitable assignment or by operation of law:

      1. (i)

         where B is a firm with permission for administering a regulated mortgage contract, firm B (and it is immaterial for this purpose whether B makes arrangements for A or another person to administer the mortgage or to exercise the lender’s rights under it); or

      2. (ii)

         where B is not a firm with permission for administering a regulated mortgage contract and B enters into an agreement with a firm (“C”) to administer the contract, firm C (it is immaterial for this purpose whether firm C is firm A, or whether firm C enters into an arrangement with another person to outsource or delegate the performance of some of those administration activities); or

   3. (c)

      to a firm which is:

      1. (i)

         a threshold 1 category A firm;

      2. (ii)

         a threshold 1 category B firm;

      3. (iii)

         a threshold 2 category A firm; or

      4. (iv)

         a threshold 2 category B firm.

3. (3)

   in relation to back-book data reports, to a firm which is:

   1. (a)

      a threshold 1 category A firm;

   2. (b)

      a threshold 1 category B firm;

   3. (c)

      a threshold 2 category A firm; or

   4. (d)

      a threshold 2 category B firm.

1. (1)

   A firm must submit a report (a 'data report') containing the information required by:

   1. (a)

      SUP 16.11.5 R (a 'sales data report') within 20 business days of the end of the reporting period;

   2. (b)

      for regulated mortgage contracts and relevant regulated credit agreements, SUP 16.11.5A R (a 'performance data report'), within 30 business days of the end of the reporting period; and

   3. (c)

      SUP 16.11.5BR (a ‘back-book data report’), within 30 business days of the end of the firm’s first reporting period,

   unless (3A) or (4) applies.

2. (2)

   The reporting periods are;

   1. (a)

      for sales data reports, the four calendar quarters of each year beginning on 1 January;

   2. (b)

      for performance data reports for regulated mortgage contracts, the six month periods beginning on 1 January and 1 July in each calendar year; and

   3. (c)

      for performance data reports for relevant regulated credit agreements, the four calendar quarters of each year beginning on 1 January.

3. (2A)

   The requirement set out in SUP 16.11.3R applies as follows:

   1. (a)

      in relation to a threshold 1 category A firm, the first reporting period to which the requirement applies is the calendar quarter beginning on 1 January 2026;

   2. (b)

      in relation to a threshold 1 category B firm:

      1. (i)

         the first reporting period to which the requirement applies is calculated by reference to the quarter in which the relevant annual period ended;

      2. (ii)

         the relevant annual period is the annual period in respect of which the firm first reported in accordance with SUP 16.12.29CR;

         1. (A)

            an annual total value of £2,000,000 or more, but less than £20,000,000, outstanding for relevant regulated credit agreements; or

         2. (B)

            an annual total value of £2,000,000 or more, but less than £20,000,000, of new advances for relevant regulated credit agreements;

      3. (iii)

         the first reporting period is the seventh calendar quarter following the quarter in which the relevant annual period ended;

   3. (c)

      in relation to a threshold 2 category A firm, the first reporting period to which the requirement applies is the calendar quarter beginning on 1 July 2025;

   4. (d)

      in relation to a threshold 2 category B firm:

      1. (i)

         the first reporting period to which the requirement applies is calculated by reference to the quarter in which the relevant annual period ended;

      2. (ii)

         the relevant annual period is the annual period in respect of which the firm first reported in accordance with SUP 16.12.29CR;

         1. (A)

            an annual total value of £20,000,000 or more outstanding for relevant regulated credit agreements; or

         2. (B)

            an annual total value of £20,000,000 or more of new advances for relevant regulated credit agreements;

      3. (iii)

         the first reporting period is the fifth calendar quarter following the quarter in which the relevant annual period ended.

4. (3)

   [deleted]

5. (3A)

   A firm must submit a nil return in respect of sales data reports if no relevant sales have occurred in the quarter.

6. (3B)

   A firm must submit a nil return in respect of performance data reports for regulated mortgage contracts if it does not own any rights of a lender under a regulated mortgage contract, and only carries on the regulated activity of administering a regulated mortgage contract for firms which are themselves obliged to submit performance data reports under SUP 16.11.1R(2).

7. (4)

   The following types of firm must compile, and keep for at least five years from the end of the relevant quarter, a data report containing the information required by SUP 16.11.5 R, but are not subject to the requirement in (1) to submit a data report (or to the requirement in SUP 16.11.9 R:

   1. (a)

      a SRB agreement provider; and

   2. (b)

      a P2P platform operator which facilitates entry into a regulated sale and rent back agreement where the provider does not require permission to enter into the transaction.

A sales data report must contain sales data in respect of the following products:

1. (1)

   retail investments;

2. (2)

   pure protection contracts;

3. (3)

   regulated mortgage contracts (including further advances (see SUP 16.11.7R(3)) and internal product transfers and internal remortgages, irrespective of whether there is a new mortgage contract);

4. (4)

   home purchase plans;

5. (5)

   home reversion plans;

6. (6)

   regulated sale and rent back agreements; and

7. (7)

   relevant regulated credit agreements.

8. (8)

   [deleted]

A performance data report must contain performance data in respect of:

1. (1)

   regulated mortgage contracts other than legacy CCA mortgage contracts; and

2. (2)

   relevant regulated credit agreements,

as applicable.

1. (1)

   Subject to (2), a back-book data report must contain data in respect of all relevant regulated credit agreements that are in force on the first day of the firm’s first reporting period within the meaning of SUP 16.11.3R(2A).

2. (2)

   A back-book data report must not contain data in respect of a relevant regulated credit agreement which was executed on the first day of the firm’s first reporting period within the meaning of SUP 16.11.3R(2A).

3. (3)

   A firm must only provide one back-book data report.

1. (1)

   A firm which provided a back-book data report because it was either a threshold 1 category A firm or a threshold 1 category B firm is not required to provide an additional back-book data report if it subsequently becomes a threshold 2 category B firm.

2. (2)

   A firm which provided a back-book data report because it was either a threshold 2 category A firm or a threshold 2 category B firm is not required to provide an additional back-book data report if it subsequently becomes a threshold 1 category B firm.

1. (1)

   A data report must comply with the provisions of SUP 16 Annex 21R.

2. (2)

   But (3) to (5) apply where a firm which is required to submit a sales data report under SUP 16.11.3R(1)(a) is a PRA-authorised person which is also required to submit information to the FCA under chapter 23 (regulatory mortgage contract reporting) of the PRA’s Regulatory Reporting rules.

3. (3)

   Where the sales data report relates to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm only in relation to the format in which the data elements in the report are to be submitted to the FCA.

4. (4)

   Where the sales data report does not relate to a further advance, SUP 16.11.3R(1)(a) and SUP 16 Annex 21R apply to the firm in respect of the data elements listed in (5) only in relation to the format in which the data elements are to be submitted to the FCA.

5. (5)

   The data elements are:

   1. (a)

      the total amount owed by the borrower to the firm and secured on the property immediately prior to the new borrowing;

   2. (b)

      for a second charge regulated mortgage contract, the total amount owed by the borrower to third parties secured on the property;

   3. (c)

      rate to which stress test applied; and

   4. (d)

      contractual reversion rate.

1. (1)

   A sales data report must relate both to transactions undertaken by the firm and to transactions undertaken by an intermediary which has dealt directly with the customer on the firm’s behalf.

2. (2)

   The requirement in (1) does not apply to transactions relating to regulated credit agreements.

Where a P2P platform operator facilitates an arrangement under which a number of persons provide home finance to a single customer, either individually under separate contracts, or jointly and severally under a single contract:

1. (1)

   the sales data report and performance data report of the P2P platform operator must include data in respect of the arrangement taken as a whole, as though it comprised a single transaction; and

2. (2)

   the sales data report and performance data report of any firm which is the lender or provider under any separate contract forming part of the arrangement must include data in respect of that contract.

A firm must provide a data report to the FCA electronically in a standard format provided by the FCA.

1. (1)

   A firm may appoint another person to provide a data report on the firm's behalf if the firm has informed the FCA of that appointment in writing.

2. (2)

   Where (1) applies, the firm must ensure that the data report complies with the requirements of SUP 16.11 and identifies the originator of the transaction.