Material information for estate agents: what you must disclose and when

In the UK, consumer protection law requires estate agents to disclose the information a buyer or tenant needs to make an informed decision about buying or renting a property.

Get your advertisements wrong and the consequences range from enforcement action and fines to cancelled transactions and lasting reputational damage. Property sales compliance is important, and it goes beyond advertising to include the gathering of information.

The concept of compliance is easy to understand, but knowing exactly what must be disclosed, when, and how can be challenging, especially as rules and governing bodies have changed recently. This guide covers material information disclosures, required practices and AML compliance for estate agents in the UK.

Note: This article is for informational purposes only and does not constitute legal advice. For definitive guidance, refer to the Competition and Markets Authority (CMA) guidance on unfair commercial practices and GOV.UK, and consult a qualified legal adviser.

What is material information for estate agents and what must be disclosed?

Material information is any details about a property that the average buyer or tenant would need to know in order to make an informed decision. 

Under the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which replaced the Consumer Protection from Unfair Trading Regulations 2008 from April 2025, leaving out information the average buyer or tenant needs can be an unfair commercial practice. Omitting the information that must appear in an advert with a price, such as the main characteristics and the total price, is unlawful whether or not it affects the buyer’s decision.

Take note: The guidance on disclosure has changed in recent years. The National Trading Standards Estate and Letting Agency Team (NTSELAT) had withdrawn its material information guidance by May 2025. As explained by Propertymark, enforcement is now led by the Competition and Markets Authority (CMA), although Trading Standards’ role has not formally ended, and the CMA’s guidance on unfair commercial practices is now the main official reference. 

However, until sector-specific guidance replaces it, most estate agents continue to refer to part A, B and C of NTSELAT’s three-part framework (see below).

Material information enforcement is now led by the CMA, which has direct powers to act against agents whose listings leave out information buyers and tenants need.

Where information isn’t available, the safest approach is to add a note on the listing and explain why, rather than leaving a gap that could expose the agency to enforcement action.

What compliance checks do estate agents need to do before listing a property?

The compliance checks estate agents need to apply before listing and selling a property cover the client, the property and the listing itself. In practice, that means confirming your agency’s AML supervision, completing customer due diligence on the seller, gathering and verifying material information, and confirming an Energy Performance Certificate (EPC) is available before marketing begins.

Pre-listing compliance checklist for UK estate agents:

1. Confirm your HM Revenue & Customs (HMRC) registration is current. An agency must be registered for AML supervision before it carries out estate agency work, in order to comply with anti-money laundering regulations.
2. Complete customer due diligence on the seller. Verify identity, establish beneficial ownership where a company or trust is involved, check Politically Exposed Person (PEP) and sanctions status, and understand the source of funds where the risk calls for it.
3. Collect and verify material information. Work through Part A, B and C outlined above, use the title register and seller questionnaires to confirm details, and record any gaps.
4. Confirm a valid EPC is available. A property marketed for sale needs an Energy Performance Certificate.
5. Check the listing for accuracy. Make sure price, fees and descriptions are clear and complete, with nothing that could mislead a buyer.
6. Record every step against the listing. Store checks, documents and decisions where the whole team can find them.

Agencies that also handle lettings have to comply with Right to Rent checks, a minimum EPC rating of E, gas and electrical safety certificates, smoke and carbon monoxide alarms, deposit protection and the new tenancy information requirements.

Compliance needs to be built into the agency’s listing workflow, where every step is recorded and visible.

A CRM helps by keeping the evidence in one place. Rex’s Estate Agency CRM stores client records, CDD documentation and communication history against each contact, and integrates with onboarding and compliance provider Kotini, so a listing’s compliance trail is easy to retrieve if questions arise.

What are the AML requirements for estate agents in the UK when taking on a listing?

Estate agents in the UK must comply with Money Laundering Regulations. Before completing a transaction, your agency must complete customer due diligence on a client, and carry out checks on buyers once an offer is accepted. 

Like material information, AML is a pre-listing obligation: seller checks need to be completed before a property is marketed for sale.

Five core AML obligations for UK estate agents:

1. Register with HMRC for AML supervision before trading, and renew the registration on time.
2. Assess and document risk through a firm-wide risk assessment and written policies, controls and procedures.
3. Complete customer due diligence on sellers and buyers, applying enhanced due diligence where the risk is higher.
4. Train staff and report suspicion through a nominated officer, with Suspicious Activity Reports submitted to the National Crime Agency.
5. Keep records of checks and decisions for at least five years.

Every UK estate agency business must be registered with HMRC for AML supervision before it trades, and trading without registration is an offence in its own right, separate from any failure in individual checks.

HMRC’s registration guidance sets out who needs to register. For a step-by-step look at CDD, enhanced checks and penalties, see our guide to AML checks for estate agents.

How will the Renters’ Rights Act affect estate agency businesses?

The Renters’ Rights Act 2025 is reshaping private renting in England, with the first phase in force from 1 May 2026. The Private Rented Sector Database opens for registration from 15 December 2026, mandatory Ombudsman membership is expected from 2028, and the date for the third phase is still to be confirmed. Agencies that manage lettings face new tenancy, advertising and registration duties under this Act, and sales-focused agencies feel the impact, because landlords selling tenanted property now rely on Section 8 grounds for possession, including a new ground for sale.

Compliance changes letting agents need to be aware of:

• Fixed-term assured shorthold tenancies have been replaced by assured periodic tenancies.
• Written tenancy information must be provided to tenants.
• Section 21 has been abolished, with possession now sought through revised Section 8 grounds and notice periods.
• A stated rental price in every advert, with no bidding above it.
• New rules against discrimination towards tenants with children or receiving benefits.
• Private Rented Sector Database registration, introduced from 15 December 2026 on a regional timetable.
• Mandatory PRS Landlord Ombudsman membership (expected from 2028).

Agencies running both sales and lettings now carry a dual compliance load that keeps growing. For more detail about lettings, see what the Renters’ Rights Act means for letting agents.

Compliance built into your agency’s software and workflows is the most sustainable way to keep pace as regulatory obligations on UK estate agents continue to grow.

Building property management compliance into every listing

Material information disclosure, AML checks and the Renters’ Rights Act are all part of a widening compliance framework for UK estate agents, and property management compliance and sales compliance now overlap in many agencies. 

Agencies that turn these obligations into a documented, repeatable workflow are better protected, and better placed to win vendor and landlord trust.

Treat every new instruction as a compliance checkpoint: client checks, material information and supporting records should all be complete, with evidence recorded in your CRM before the property goes to market.

For a wider view of how technology supports agency operations, read our PropTech guide for modern estate agencies.

Want a CRM that supports compliance? Request a demo of Rex’s purpose-built software today. 

This article is for informational purposes only and does not constitute legal advice. For definitive guidance, always refer to the CMA’s guidance on unfair commercial practices, HMRC’s AML guidance and GOV.UK, and consult a qualified legal adviser.