Compliance Guide for Estate Agents (Material Information)
3rd February 2026
If you have been following the industry news in 2024 and 2025, you might be feeling a little whiplash. First, we had the phased rollout of Material Information Parts A, B, and C. Then, in May 2025, the National Trading Standards (NTSELAT) guidance was technically "withdrawn" as the new Digital Markets, Competition and Consumers (DMCC) Act took precedence.
Does this mean the rules have vanished? Absolutely not.
In fact, the opposite is true. Under the DMCC Act, the Competition and Markets Authority (CMA) now has direct enforcement powers, meaning they can fine agencies up to £300,000 or 10% of global turnover without even taking you to court.
The "guidance" may have changed formats, but the requirement to disclose Material Information is now stricter than ever. Here is your plain-English guide to staying compliant and keeping the CMA happy.
The "New" Reality: It’s All About "Misleading Omissions"
Under the new DMCC Act, the core legal principle is simple: You must not omit information that an average consumer needs to make an informed decision.
While the official NTSELAT paperwork has been superseded, the industry standard for what you need to disclose remains the "Part A, B, C" framework. If you stick to this checklist, you are protecting your agency from accusations of misleading omissions.
The Compliance Checklist
Part A: The Non-Negotiables (Must be on the listing immediately)
This is the basic financial data that must be present on every portal listing from day one.
- Price: Asking price or rent.
- Tenure: Freehold, Leasehold (with years remaining), or Commonhold.
- Costs: Council Tax band (or rates in NI) and any shared ownership details.
- Deposits: For lettings, the holding deposit and security deposit amounts.
Part B: The Physical Property (Must be established for all listings)
This covers the physical attributes of the home. This is where "approximate" guesses can land you in hot water.
- Physical Characteristics: Property type (e.g., semi-detached, flat) and construction type (especially non-standard construction).
- Rooms: The number and types of rooms.
Compliance Tip: This is where a verified floor plan is your best friend. Stating a room is a "double bedroom" when it doesn't fit a double bed is a prime example of a misleading action.
- Utilities: What is connected? (Electricity, water, sewerage, heating source).
- Tech: Broadband speed/type and mobile signal coverage.
- Parking: Is there a garage? Driveway? Permit only?
Part C: The "If Applicable" Issues
These only need to be disclosed if the property is affected by them, but you
must check.
- Building Safety: Unsafe cladding, asbestos, or risk of collapse.
- Restrictions: Conservation areas, listed building status, or restrictive covenants.
- Risks: Flood risk or coastal erosion.
- Planning: Outstanding planning permissions or proposals for development nearby.
Why "Visual Evidence" is Your Safety Net
In the era of the DMCC Act, ambiguity is risk. If a buyer views a property and claims they were "misled" about the size of the box room or the layout of the kitchen, it becomes your word against theirs.
This is where
Made Snappy becomes a compliance tool, not just a marketing one:
- Definitive Floor Plans: Our technology generates floor plans from 360° data, ensuring you have a digital record of the property's layout and room types (Part B compliance).
- 360° Virtual Tours: A virtual tour offers total transparency. It is hard for a buyer to claim a "misleading omission" regarding the condition of a room when there is a high-definition, 360-degree view of it available online before they even book a viewing.
Don't Panic, Just Prepare
The shift to the DMCC Act sounds scary due to the fines, but the day-to-day job hasn't changed. Buyers still need to know what they are buying.
Your Action Plan:
- Audit your current listings: Are any Part A or B fields empty?
- Standardise your intake: Ensure your valuation forms ask vendors the "Part C" questions (flooding, covenants, etc.) so you have a paper trail.
- Visual Proof: ensuring every listing has a clear floor plan and tour to minimise disputes over physical characteristics.
Need to tighten up your Part B compliance? Our 360° platform can generate accurate floor plans and virtual tours for your entire stock in minutes. Book a demo today to see how we help keep you compliant and safe.
