Skip to main content

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

Last reviewed: 10 June 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 duty applies to anyone marketing a home for sale to consumers. It is the same standard whether a high-street agent lists the property or you list it privately. 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changed materially on 6 April 2025, when the Digital Markets, Competition and Consumers Act 2024 came into force and repealed the Consumer Protection from Unfair Trading Regulations 2008 (the "CPRs"). Under the older regime, an omission generally had to be shown to have misled the consumer. Under the DMCC, omitting material information is automatically an unfair commercial practice - there is no separate need to prove the buyer was actually misled.

Enforcement sits with the Competition and Markets Authority (CMA). Penalties under the new regime can reach up to £300,000, or 10% of global turnover for a business, and individuals can face serious consequences for the most serious breaches. 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guidance was issued by the National Trading Standards Estate and Letting Agency Team (NTSELAT); that guidance was withdrawn in May 2025 when enforcement passed to the CMA. 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 - always required, on every listing

Three things must appear 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 - required on every listing since late 2023

This second tier has been expected on listings since 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 - required where it applies to your property

The third tier only applies where the relevant issue exists, but where it does, it must 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 (March 2024) added material-information questions; after feedback from conveyancers and the withdrawal of the NTSELAT guidance, 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

None of this is specific to selling through an agent. The disclosure duty attaches to the marketing of the property, so it applies equally to a homeowner who lists their own home. 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.

Related obligations to have ready

Material information sits alongside a few other things a seller needs in place:

  • Energy Performance Certificate (EPC) - a valid EPC must be available before you market the property. An EPC is valid for 10 years. If you do not have a current one, an accredited Domestic Energy Assessor can produce it. See gov.uk on EPCs when selling.
  • Conveyancing and AML checks - your conveyancer handles the legal transfer and, as a regulated firm, must carry out anti-money-laundering and source-of-funds checks.
  • Capital Gains Tax - usually not due on your main home, but it can apply to second homes and buy-to-lets, with a tighter reporting deadline. Check the current position on gov.uk Capital Gains Tax.

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 both the legal expectation and the fastest route to a sale that completes.

Frequently asked questions

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

Yes. The duty attaches to marketing the property to buyers, not to using an agent. A homeowner listing their own home must disclose the same material information as an agent would - Part A facts on every listing, plus Part B and any Part C issues that apply. 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?

Since the DMCC Act 2024 came into force on 6 April 2025, omitting material information is automatically an unfair commercial practice, with no separate need to prove a buyer was misled. The Competition and Markets Authority enforces it and penalties can be significant. 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?

Yes. Council tax band is one of the three Part A items that must appear on every property advert, alongside the asking price and the tenure. 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 repealed the Consumer Protection from Unfair Trading Regulations 2008. The earlier rules generally required showing a buyer was misled. Under the DMCC, omitting material information is itself an unfair commercial practice, which raises the bar for sellers and 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.