Since the National Trading Standards Estate and Letting Agency Team updated its guidance, estate agents in England have a clear obligation to include material information in property listings. Getting this wrong can lead to enforcement action under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) — and, just as importantly, 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 considered a misleading omission under the CPRs, which is a criminal offence.
The National Trading Standards guidance organises material information into three parts:
Part A — Information That Must Always Be Included in the Listing
- Council tax band (or domestic rates in Northern Ireland)
- Asking price (sale) or rent amount and payment frequency (lettings)
- Property tenure — freehold, leasehold, commonhold, or other
- Property type and number of bedrooms
- EPC rating (where required under the Energy Performance of Buildings Regulations)
Part B — Information That Must Be Provided Where Applicable
- Lease length remaining (if leasehold)
- Service charges and ground rent (if leasehold or managed)
- Shared ownership or shared equity arrangements
- Council tax payment amount
- Flood risk
- Whether the property is in a conservation area
- Listed building status
- Restrictive covenants or planning restrictions
- Rights of way or easements
- Mining or subsidence risk
- Utility types (mains gas, electric, water, drainage — or alternatives)
- Broadband and mobile signal availability
- Parking arrangements
- Building safety issues (e.g. cladding, structural concerns)
Part C — Information That Must Be Provided If Known
- Accessibility and adaptations
- Coalfield or mining area designation
- Neighbouring planning applications or developments the seller is aware of
- Any other fact that a reasonable buyer would consider important
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?
Local authority Trading Standards officers can investigate and prosecute breaches of the CPRs. Penalties can include unlimited fines and, in serious cases, imprisonment. Beyond enforcement, omitting material information leads to collapsed sales, wasted viewing time, and damage to your professional reputation.
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
This guide reflects the National Trading Standards guidance current as of early 2026. Always refer to the latest NTS publications and seek legal advice if you are unsure about your obligations under the CPRs.