This commission can be agreed and that will be prevalent if it is respectful with maximum limits. It can be agreed that no commission is taken.
• Mortgages at variable rates signed before 04/27/2003: The maximum commission will be 1%, whether it is a cancellation per subrogation or not.
• Mortgages at variable rates signed between 04/27/2003 and 9/12/2007: In the case of early cancellation by subrogation, the maximum fee will be 0.5%. If it is not by subrogation, the maximum commission will be 1%.
• Mortgage loans at fixed rates signed before December, 9th, 2007: maximum limit of 2.5% for early cancellation. For those formalized as of 9/12/2007 will have to attend the compensation regime for withdrawal and / or interest rate risk (below).
• Mortgages (fixed and variable) formalized as of 9/12/2007: Here we refer to (1) a commission for withdrawal and / or (2) compensation for interest rate risk.
(1) As for the compensation (commission) for withdrawal, the commission cannot exceed 0.5% of the capital amortized in advance if it occurs in the first 5 years of the loan and may not exceed 0.25% if it occurs after the first 5 years.
(2) If we talk about compensation for interest rate risk, the rules (article 9 of Law 41/2007 does not stipulate a maximum limit), will be the one that has been agreed in the contract, and "will depend on whether the cancellation generates a profit or a loss of capital to the entity.
• No cancellation fees from sixth year?
A preliminary draft of the Real Estate Credit Regulatory Law that responds to the transposition of the European Directive 2014/17 eliminates the commission for early repayment if it occurs from the sixth year. That is, the commission that could be up to 0.25% will be 0 from the sixth year. This Law has not yet been approved and it is to be approved within the next months.