While most mortgage brokers need to be registered with the Financial Services Authority in order to advise clients on residential mortgages, no such rule exists for buy-to-let mortgages. This is because buy-to-let mortgages are regarded as commercial loans and the Financial Services Authority does not regulate this type of finance.

Regardless of the fact that a mortgage broker does not need to be registered to advise on buy-to-let mortgages, if you are applying for a buy-to-let mortgage you may find that your mortgage broker is registered with the Financial Services Authority anyway because they also broker residential mortgages.

Because of the different rules, a mortgage broker does not need to follow the same processes for buy-to-let mortgage applications as they do for residential mortgages. The Financial Services Authority has not, as yet, issued a set of strict rules and regulations to follow for this type of mortgage.

However, this does not mean that you will receive inferior service for your investment mortgage applications. Most mortgage brokers treat all mortgage applications with the utmost care and expertise whether you are applying for a residential or commercial mortgage.

Some lenders will also only deal with mortgage brokers who are registered with and regulated by the Financial Services Authority to ensure that their customers are receiving the most professional advice possible. Therefore it can be beneficial for a mortgage broker to register with the Financial Services Authority even if they only deal with buy-to-let lending. The more lenders a mortgage broker can deal with ? the better they will be able to advise their clients.

While the rules for residential mortgages do not presently cover investment mortgages, it is possible that within the next few years the Financial Services Authority will extend their powers to include the policing of buy-to-let mortgages. If that is to be the case then mortgage brokers who are currently unregistered but who deal with buy-to-let mortgages will most likely need to be registered with the industry regulator.

However, it is a tricky situation to regulate buy-to-let mortgages in the same way as residential mortgages and the Financial Services Authority has yet to find a way to do it. If they regulate buy-to-let mortgages they will also need to regulate other commercial mortgages. This is a situation that mortgage brokers and the Financial Services Authority do not want to occur.

Regulating the buy-to-let industry is a topic that has gained exposure in the press in recent years. This is perhaps because of a growing opinion that people who invest in property should be protected from unscrupulous operators in the industry. This not only includes mortgage brokers, but also individuals and companies who run buy-to-let investment seminars and people who source properties and sell them to investors.

The Financial Services Authority has shown interest in regulating more of the buy-to-let industry which may mean that buy-to-let mortgages may one day fall under the scope of their mortgage industry regulations. It may be tricky, however, to develop regulation for buy-to-let mortgages while not regulating finance for non-residential commercial properties.