Material information in property listings: what UK agents must disclose

What material information means under the DMCC Act 2024

Material information is "information that the average consumer needs to take an informed transactional decision" (section 227 of the Digital Markets, Competition and Consumers Act 2024). The average consumer is reasonably well informed, observant and circumspect.

There is no fixed list for property. The government's 2025 consultation on material information says the onus is on the trader to work out what the average consumer needs, and that the decisions concerned include whether to view a property.

These rules came into force on 6 April 2025, revoking the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs), which still govern anything done before then. They apply across the UK.

A listing that describes a property and gives its price can be an 'invitation to purchase'. That must always include certain details unless obvious from the context, such as the main characteristics, the total price including any taxes or fees the consumer must pay, and the trader's identity and address. Omitting one is unfair in itself.

Where and when material information must appear

Information counts as omitted if it is unclear, untimely or placed where the consumer is unlikely to see it, though the Act allows for the limits of the medium, such as space, and for steps taken to give it another way.

The government's consultation says material information must be given before the decision in question, such as whether to view, and that a listing should not leave out anything that could lead a buyer to rule the property out later.

The rules apply to each act of promotion, so every portal listing, the agency website and printed particulars should carry the same facts.

What happened to NTSELAT's Parts A, B and C?

The National Trading Standards Estate and Letting Agency Team (NTSELAT) published guidance for sales and letting agents in stages: Part A in 2022, then Parts B and C on 30 November 2023. It was developed with portals including Rightmove, Zoopla, OnTheMarket and PropertyPal to help agents meet their obligations under the CPRs.

It was withdrawn in 2025. National Trading Standards' 2025-26 annual report says this followed a judicial review.

In June 2026 the government said it will publish non-statutory guidance in 2026 explaining agents' existing duties under the DMCC Act, and will work with the industry on a standard form for gathering the information. It had not been published when this page was last updated.

The old categories remain a practical checklist. The government's consultation listed them among the categories that may be material for sales, adding ground rent, service charges, time left on a lease, and issues such as damp, subsidence, asbestos and Japanese knotweed.

• Part A, always material: council tax band or rate, price or rent, and tenure (for sales)
• Part B, for every property: type and construction; number and types of room, with measurements; electricity, water, sewerage and heating; broadband type and indicative speed; mobile signal; parking
• Part C, only if the property is affected: building safety; restrictions such as a conservation area, listed status or tree preservation order; rights and easements; flood risk; coastal erosion; planning permission; accessibility and adaptations; coalfield or mining area

What trading standards check in listings now

The government's consultation cited National Trading Standards Estate Agency Team (NTSEAT) data suggesting only about 35% of listings contain adequate information.

NTSEAT, the UK's lead enforcement authority under the Estate Agents Act 1979, reviews property adverts against the DMCC Act in what it calls Op Robin checks. Its published criteria, which it says are not exhaustive, include:

• Redress scheme and professional body logos that match actual membership
• Tenure, verified with the Land Registry, and price
• Lease length, ground rent and service charge, where they apply
• Council tax and property type
• Floorplans, measurements or both
• The agency's trading address
• Stamp duty information or a calculator on the website or listing
• Misleading AI-generated photos, conditional selling, and listings that contradict the information pack

Does material information apply to lettings?

Yes. For these rules, goods include immoveable property and supply includes supply by lease (section 249), so lettings listings are covered. NTSELAT's withdrawn lettings guidance made council tax and rent Part A, with tenure required for sales only.

The government's planned guidance will cover sales first, because the law on renting is changing; it said it would return to lettings later.

In England, section 56 of the Renters' Rights Act 2025, in force since 1 May 2026, requires a written advert or offer for a private let on an assured tenancy to state a specific rent, and bars landlords and agents from inviting, encouraging or accepting offers above it.

Gathering material information at instruction: a checklist

Collect the facts at instruction, before the property is marketed:

• Ask the seller or landlord for every Part A, B and C item, plus lease length, ground rent and service charge where relevant
• Take title and tenure from HM Land Registry; the government says its guidance will tell agents to gather information from source
• Suggest the seller instructs a conveyancer before listing, which the government calls good practice, so rights and restrictions surface early
• Where a technical point cannot be verified, say what is known and that a surveyor or conveyancer should check it
• Record where each fact came from and when; the Act's due diligence defence requires, among other things, that all reasonable precautions were taken
• For sales, show stamp duty information or a calculator
• Keep every portal, the website and particulars in step, and update them all when something changes

What happens if a listing leaves material information out?

Trading standards in Great Britain and the Department for the Economy in Northern Ireland must enforce the ban on unfair commercial practices, and the Competition and Markets Authority (CMA) can too (section 231).

A misleading omission, or leaving required information out of an invitation to purchase, can be a criminal offence (section 237), punishable on indictment by a fine, up to two years' imprisonment, or both (section 240). Company officers can be liable where the offence involved their consent, connivance or neglect.

The CMA can also impose penalties directly for infringements that harm consumers' collective interests: up to £300,000 or 10% of worldwide turnover, whichever is higher (sections 182 and 204).

How Propily keeps listing facts on one record

Deciding what is material is the agent's judgement. Propily keeps each property's facts on one record: listing feeds for Rightmove, Zoopla and SpareRoom (lettings) run from the property record once your portal credentials are connected, and a nightly check compares what the portals hold with Propily.

EPCs are looked up from the government register, certificates are kept on the property with their expiry dates, and every change is logged with who made it.