Aeras Convention: increased health risk, three levels of examination and the right to be forgotten

If you are ill, or have been ill, and present a higher than average risk of disability or death, your mortgage insurance application automatically falls under the Aeras agreement (service-public.gouv.fr). This agreement establishes a three-level review process. It also provides for a right to be forgotten for cancer and hepatitis C. However, it does not obligate the insurer to offer you a policy.

This page deals with the rules of the agreement, based on the official documents. It does not provide a list of the illnesses included in the reference grid, nor statistics on refusals, nor rates. It does not address the situation of a non-resident borrower.

The rules come from three pages of service-public.gouv.fr checked in 2025 (May 7, May 20 and December 8) and from a ministerial response published in the Official Journal on July 21, 2026. The main page on Aeras dates from May 2025: check that it has not changed before deciding.

Who is affected?

Service-public.gouv.fr defines aggravated health risk as being ill, or having been ill. It adds a condition: a risk of disability or death greater than average.

In this case, the request falls under the agreement without any further action required on your part. The insurer is obligated to provide you with a specific information document.

The Aeras regulation applies, but it does not force the insurer to conclude a contract. Service-public.gouv.fr states that it "does not oblige the insurer to make you an insurance contract proposal.".

The three levels of examination

At the second level, the proposed contract may include a surcharge or an exclusion. The same applies at the third level if the application is accepted: the insurer may offer a contract with a surcharge or exclusion.

Level 3: Two conditions must be met

The case is only forwarded to the 3rd level if:

• you will be under 71 years old at the end of the future insurance contract; ;
• the amount of the loan to be insured does not exceed €420,000.

The page specifies an exception for a bridging loan that finances a primary residence. If both of your conditions are not met, the application cannot proceed to this stage.

The cap on the bonus and the reasons for refusal

Service-public.gouv.fr mentions a system that caps the insurance premium due when the borrower has modest income. The page does not specify this cap. Neither does this page.

In the event of a refusal at the 3rd level, the insurer must inform you of the reasons for this refusal.

The reference grid

The agreement defines a reference grid that lists certain illnesses. For these illnesses, declaration is mandatory, but the insurer is not allowed to apply a surcharge. This grid applies only if both conditions of the third level are met: the insured is under 71 years of age at the end of the contract, and the insured loan is no more than €420,000 (excluding bridging loans for the primary residence).

The ministerial response of July 2026 indicates that this grid is regularly updated. This page does not reproduce the current list and does not state whether a particular disease is included.

The right to be forgotten

The right to be forgotten concerns people who have had cancer or viral hepatitis C. According to the fact sheet on service-public.gouv.fr on Aeras, you do not have to declare the disease if the treatment protocol has been finished for at least 5 years and if there has been no relapse.

Two points of clarification:

• The consequences remain to be declared. The information sheet states: "You must declare the consequences of the illness that fall under the 'right to be forgotten'."«
• The deadline has changed. The ministerial response of July 2026 reiterates that the law reduced this period from ten to five years, starting from the end of the treatment protocol. It does not specify the effective date: this should be verified before relying on any older document.

Other conditions of the right to be forgotten should be checked with the official source before deciding not to declare an illness.

Without a health questionnaire

If the total amount of your mortgage loans is €200,000 or less and the repayment period ends before you turn 60, service-public.gouv.fr states that the insurer is prohibited from requiring you to complete a health questionnaire. Both conditions must be met. This rule has its own dedicated page (link below).

The ministerial response of July 2026 cites article L. 113-2-1 of the Insurance Code: the thresholds may be raised by decree in the Council of State. It does not provide any timetable.

If the insurance is refused, or if the agreement is not applied

• Alternative solutions. Service-public.gouv.fr states that credit institutions have committed to accepting alternative solutions in the event of an insurance refusal. The page cites a assurance-vie policy already taken out, the pledging of a securities portfolio, and a mortgage on a property other than the one being financed.
• Mediation Commission. If you believe the rules of the agreement have not been applied, you can contact the mediation commission. It does not rule on limitations and exclusions, the level of the premium or surcharge, or the bank's credit decision.
• Anticipate. The page recommends "planning your approach to the insurer, or even contacting several insurers.".

Numerical example (fictitious profile)

Situation. Claire is 48 years old at the time of signing, in October 2026. She had cancer: her treatment protocol ended on June 30, 2019, and she has had no relapse since. She is comparing three loan proposals. Assumptions of the hypothetical scenario: each proposal is her only mortgage, loan terms are calculated in whole years, and the insurance policy ends with the loan.

Issue. For each project, can the case proceed to the 3rd level of the Aeras? And what is the status of the 5-year period for the right to be forgotten?

Strategy. Compare each project to the two conditions of the 3rd level: credit of €420,000 maximum, less than 71 years old at the end of the contract.

Result.

Only project A meets both conditions. Project B exceeds the maximum amount. Project C remains below the maximum amount, but the contract ends after age 71.

None of the three projects meet the rule without a health questionnaire: all three exceed €200,000 and end after Claire turns 60.

Regarding the right to be forgotten, the five-year period following the end of the protocol was reached on June 30, 2024, which is 27 months before the signing. Other conditions for the right to be forgotten should be verified with the official source. The consequences of the illness still need to be declared.

This profile is fictitious. The calculation compares thresholds: it does not predict the acceptance of a file, nor a price.

What changes depending on your situation

• The amount and duration of your loan, that the thresholds of the 3rd level and of the health questionnaire take into account.
• Your age at the end of the contract.
• The disease in question and the end date of the therapeutic protocol, for the right to be forgotten.
• The insurer contacted : not everyone has the same approach to the increased health risk, according to service-public.gouv.fr.

The rule depends on your situation. No results are guaranteed.