Estate agents across the UK have a clear obligation to include material information in property listings. Since the Digital Markets, Competition and Consumers Act 2024 (DMCC) came into force on 6 April 2025 - replacing the Consumer Protection from Unfair Trading Regulations 2008 - omitting material information is automatically an unfair commercial practice. The DMCC Act extends to England, Wales, Scotland and Northern Ireland, so this duty is the same wherever in the UK you operate. It also wastes everyone's time when key facts only emerge after viewings.
This guide explains what material information is, what must be included, and how to get it right on every listing.
What Is Material Information?
Material information is any fact about a property that an average consumer needs to make an informed decision about whether to enquire, view, or make an offer. Omitting or hiding material information is a misleading omission under the DMCC Act 2024 - an automatic unfair commercial practice, with no need to prove a consumer was actually misled.
The NTSELAT three-part guidance was withdrawn in May 2025 when enforcement passed to the Competition and Markets Authority (CMA), but its Part A / B / C structure remains the practical industry framework (the Law Society's TA6 conveyancing form has since moved the other way - its 6th edition, mandatory for CQS firms from 30 March 2026, removed material-information categories such as council tax and building safety, so the listing-level duty sits with the marketing itself):
Part A - On Every Listing, Without Exception
- Asking price (sale) or rent amount and payment frequency (lettings)
- Council tax band (or domestic rates in Northern Ireland); for lettings, the deposit
- Tenure (sales) - freehold, leasehold, commonhold or shared ownership. If leasehold, the detail matters: lease length remaining, ground rent and service charges
Part B - Establish for Every Property
- Property type (detached, semi, terraced, flat and so on) and construction materials (non-standard construction affects mortgageability and insurance)
- Number and types of rooms - bedrooms, bathrooms, reception rooms
- Utilities - electricity, water and drainage (mains or otherwise), heating type and fuel, sewerage
- Broadband and mobile signal availability
- Parking arrangements
Part C - Where It Applies to the Property
- Building safety issues (e.g. cladding, asbestos, structural concerns)
- Restrictions - listed building status, conservation area, Tree Preservation Orders, restrictive covenants
- Rights of way or easements, shared access
- Flood risk or flood history
- Planning permission and neighbouring applications or developments the seller is aware of
- Accessibility and adaptations
- Coalfield or mining area designation
- Any other fact that a reasonable buyer would consider important (for example Japanese knotweed)
EPC: separately from the material-information framework, a valid EPC remains legally required when marketing under the Energy Performance of Buildings Regulations - state the rating on the listing.
Lettings-Specific Material Information
For rental listings, additional material information includes:
- Deposit amount and which protection scheme will be used
- Whether bills are included in the rent
- Furnished, part-furnished, or unfurnished status
- Any fees permitted under the Tenant Fees Act 2019
- Minimum tenancy length
- Whether the landlord requires a guarantor
- Pet policy
How to Comply on Domovita
When listing a property on Domovita, the submission form includes dedicated fields for tenure, EPC rating, council tax band, and other key details. Fill in every applicable field - do not leave them blank or enter "TBC" unless you genuinely do not yet have the information and are actively seeking it. If information is not yet available, you should obtain it as quickly as possible and update the listing promptly.
For details that do not have a dedicated form field, include them clearly in the property description. A best practice approach is to add a "Key Information" section at the end of your description covering service charges, ground rent, lease length, flood risk, and any other Part B or Part C items relevant to that particular property.
What Happens If You Get It Wrong?
Enforcement sits with the Competition and Markets Authority (CMA) under the DMCC Act 2024, with civil penalties of up to £300,000 or 10% of global turnover (and, for serious breaches, up to two years' imprisonment). Beyond enforcement, omitting material information leads to collapsed sales, wasted viewing time, and damage to your professional reputation. (See DMCC Act 2024 (legislation.gov.uk).)
Practical Checklist
- Before listing, collect all Part A information - do not publish without it
- Check Part B items against the property and include every applicable one
- Ask the vendor directly about Part C matters and record their responses
- Review every listing before publication to ensure nothing is missing
- Update listings promptly if new material information comes to light
- Keep records of what information was provided and when
Last reviewed: 10 June 2026. This guide reflects the material-information duty under the DMCC Act 2024 (in force since 6 April 2025). Always refer to the latest DMCC Act 2024 (legislation.gov.uk) and seek legal advice if you are unsure about your obligations.