Guides to selling your home

Material information: what to disclose when selling (DMCC Act 2024)

Selling Guides 10 June 2026 11 min read

By the Domovita editorial team

Last reviewed: 22 October 2026. This is general guidance, not legal advice. Where a specific figure, threshold or deadline matters to your sale, check the current gov.uk guidance and take advice from your conveyancer.

What "material information" means

Material information is any fact a reasonable buyer would need to make an informed decision about a property - whether to enquire, whether to view, and what to offer. The legal duty under the DMCC Act 2024 falls on traders - estate agents, developers and anyone else marketing a home for the purposes of a business (section 225). A homeowner selling their own home is not usually a trader, but that does not put you outside the Act: when a trader's advert - an agent's or a listing site's - breaks the rules because of something you told them or held back, you can commit the offence yourself (section 239). A false or misleading statement can also give a buyer a claim against you (in England and Wales under the Misrepresentation Act 1967). The checklist below is the simplest way to build an honest, complete listing either way. It is not about volunteering every detail of your life in the house - it is about the facts that materially affect value, cost of ownership, or the decision to buy.

What changed: the DMCC Act 2024

The legal framing changed materially on 6 April 2025, when the Digital Markets, Competition and Consumers Act 2024 came into force and revoked the Consumer Protection from Unfair Trading Regulations 2008 (the "CPRs"). Part 4A of those regulations - the consumer's private right to redress - is expressly saved and remains in force pending regulations under section 233. Under the DMCC Act, a trader's advert that invites you to buy - for example a listing with a price - is automatically unfair if it leaves out certain key information, such as the main characteristics of the property and its total price (section 230). Other omissions are unfair if they are likely to change the average buyer's decision (sections 225(4)(a) and 227).

The Competition and Markets Authority (CMA) can enforce the rules directly and fine a trader up to £300,000 or, if higher, 10% of its turnover (section 182), and some unfair practices are also criminal offences for traders (section 237). The exact penalty position and any sector-specific guidance can move, so check the current CMA guidance rather than relying on a fixed figure.

The practical takeaway for a seller is simple: disclose early and disclose in writing. Putting the key facts in the listing itself protects you, speeds the sale, and reduces the risk of a buyer pulling out late when something surfaces in conveyancing.

The Part A, B and C framework

The property industry has worked to a three-part framework for material information for several years. The original detailed guidance was issued by the National Trading Standards Estate and Letting Agency Team (NTSELAT); that guidance has since been withdrawn, and the CMA can now enforce the rules directly alongside Trading Standards. In practice the same A/B/C structure continues to be used across the industry, and it remains a sensible checklist for any listing. (Note that the conveyancing form your solicitor uses has since moved the other way - see TA6 below.)

Part A - the core facts the industry checklist puts on every listing

The industry checklist puts three things on every property advert, for every home, regardless of type or location:

Asking price - the price the property is marketed at.
Council tax band - the band (in England, Scotland and Wales), or the equivalent rating in Northern Ireland. You can look this up via gov.uk council tax bands.
Tenure - whether the property is freehold or leasehold (or commonhold, or shared ownership). If it is leasehold, the detail matters: the number of years left on the lease, the ground rent, and the service charge. Leasehold buyers need these to assess the true cost of ownership.

Part B - added to the industry checklist in November 2023

This second tier was added when the framework was extended in November 2023. It covers the practical facts about how the property is built and serviced:

Property type - detached, semi-detached, terraced, flat, bungalow and so on.
Construction materials - the main materials the property is built from, which matters for mortgageability and insurance (for example non-standard construction).
Number and types of rooms - bedrooms, bathrooms, reception rooms.
Utilities - electricity supply, water supply and drainage (mains or otherwise), heating type and fuel, and sewerage arrangements.
Broadband and mobile signal - the type and speed of broadband available, and mobile coverage. Ofcom data is the usual source; the Ofcom coverage checker covers both.
Parking - the parking arrangements (allocated, garage, on-street, permit).

Part C - where it applies to your property

The third tier only applies where the relevant issue exists, but where it does, it should be disclosed. These are the facts most likely to affect a buyer's decision or value, and the ones most often left out. Part C includes:

Building safety - cladding, asbestos, and any matters falling under the Building Safety Act, particularly relevant for flats.
Restrictions - whether the property is a listed building, in a conservation area, or has a Tree Preservation Order (TPO).
Rights and easements - rights of way over the land, shared access, or rights others hold over the property.
Flood risk and flood history - whether the property has flooded or sits in a flood risk area. You can check the long-term flood risk for an area in England on gov.uk (separate services cover Wales, Scotland and Northern Ireland).
Planning permission - relevant planning matters, proposals affecting the property, or development nearby.
Accessibility and adaptations - step-free access, wet rooms, stairlifts and similar.
Coalfield or mining - whether the property is in a former mining area. A coal mining report (from the Mining Remediation Authority, formerly the Coal Authority) is the usual check.
Other known issues - for example the presence of Japanese knotweed, which a buyer's lender will want addressed.

TA6: where the conveyancing form now stands

Alongside the listing, a seller completes the TA6 Property Information Form, the standard form a conveyancer asks for. Its relationship with material information has shifted. The 5th edition (2024) added material-information questions; after consulting conveyancers and sellers, the Law Society pared the form back. The current 6th edition - mandatory for firms accredited under the Law Society's Conveyancing Quality Scheme for new instructions from 30 March 2026 - is a streamlined form, and categories such as council tax and building safety were removed from it. A separate optional material-information form was announced but has not been issued.

The practical consequence for a seller is important: the TA6 still gives your buyer's solicitor an honest account of the property's history and condition, but it will not gather your listing's material information for you. The Part A, B and C facts on the advert are your responsibility (or your agent's). Your conveyancer will provide the current version of the form.

How this fits a private sale

If you sell privately as a homeowner, the DMCC Act's main duty falls on traders, such as an agent or the listing site that publishes your advert. But you can still be liable if their listing breaks the rules because of what you supplied or left out, and a false or misleading statement can give your buyer a claim against you - so the same checklist is your best protection. If anything, gathering the material information yourself is straightforward: you live there, and the Part A, B and C checklist above walks you through it. Getting it onto the listing from day one means buyers self-select, viewings are better qualified, and the sale is less likely to fall through when a fact emerges later.

The short version

Put Part A on every listing without exception. Add Part B as a matter of course. Work through Part C honestly and disclose anything that applies. Complete your TA6 early. Where you are unsure of a specific number, date or threshold, link to or follow the current gov.uk guidance rather than guess - and let your conveyancer confirm the detail. Disclosing fully and early is the safest and fastest route to a sale that completes.

Frequently asked questions

Do I have to disclose material information if I sell my house privately?

In practice, yes. The DMCC Act's main duty falls on traders, such as estate agents and the listing sites that publish adverts, rather than on a homeowner. But if a trader's listing breaks the rules because of something you told them or left out, you can commit the offence yourself (section 239), and a false or misleading listing or answer can give the buyer a claim against you for misrepresentation. If you are selling as part of a business, for example a rental property, the Act can apply to you directly. The Part A, B and C checklist in this guide helps you gather it all in one place.

What is the difference between Part A, B and C material information?

Part A must appear on every listing: asking price, council tax band, and tenure (with leasehold detail). Part B covers practical facts on every listing - property type, construction, rooms, utilities, broadband and mobile, and parking. Part C applies only where relevant, covering issues like flood risk, listed status, rights of way, building safety and mining.

What happens if I leave out material information?

For a trader such as an estate agent, a listing with a price that leaves out key information - such as the property's main characteristics or total price - is automatically an unfair commercial practice under the DMCC Act 2024, and other omissions are unfair if they are likely to change a buyer's decision. The Competition and Markets Authority can fine a trader up to £300,000 or, if higher, 10% of its turnover. A homeowner can be liable too if a trader's listing breaks the rules because of what they supplied or left out (section 239), and the buyer may be able to claim against you for misrepresentation. A practical risk is also a sale collapsing late when the omission surfaces in conveyancing. Check current CMA guidance for the penalty position.

Is the council tax band really required on the listing?

It is one of the three Part A items the industry checklist puts on every property advert, alongside the asking price and the tenure, because it is part of the cost of living in the home. You can look up the band for a property free on gov.uk. For leasehold homes, the tenure detail also needs the lease length, ground rent and service charge.

What is the TA6 6th edition?

TA6 is the standard Property Information Form a seller completes for their conveyancer. The current 6th edition became mandatory for firms accredited under the Law Society's Conveyancing Quality Scheme for new instructions from 30 March 2026. It is a streamlined form - material-information categories such as council tax and building safety were removed from it - so the material information on your listing is your or your agent's responsibility, not the form's. Your conveyancer supplies the current version.

Did the DMCC Act replace the old consumer protection rules?

Yes. The Digital Markets, Competition and Consumers Act 2024 came into force on 6 April 2025 and revoked the Consumer Protection from Unfair Trading Regulations 2008 - though Part 4A of those regulations, the consumer's private right to redress against a trader, is saved and still applies. Under the DMCC Act, a trader's listing with a price that leaves out certain key information is automatically unfair, which raises the bar for estate agents to disclose fully and in writing.

Related guides

General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. Always check the current position on the official gov.uk pages linked above, and take professional advice - a solicitor, or your local council for licensing questions - before relying on it for a specific decision.