The property industry has been thrown into a state of uncertainty following the sudden withdrawal of the Material Information guidance by the National Trading Standards Estate and Letting Agency Team (NTSELAT). The move comes in response to the implementation of the new Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which replaces the previously relevant Consumer Protection from Unfair Trading Regulations 2008.
This guidance had only been introduced in phases from late 2023 and was aimed at standardising key information provided in property listings. Its abrupt withdrawal raises immediate questions for agents and consumers alike.
What Was the Material Information Guidance?
The Material Information guidance was developed over several years and was introduced to support agents in meeting their legal obligations under consumer law. It focused on improving transparency for buyers and renters by requiring disclosure of key facts such as:
- Tenure and pricing
- Property type and features
- Local risks (e.g. flooding, mining, coastal erosion)
- Utilities and connectivity (e.g. broadband speed)
It was widely adopted across the industry and seen as a step forward in building trust and consistency — a start on the road to upfront property information.
Why Has It Been Withdrawn?
On NTSELAT’s now-deactivated guidance page, a notice explains:
“The development of guidance on material information was based on supporting estate and letting agents to meet their legal obligations under Consumer Protection from Unfair Trading Regulations 2008. These regulations have since been superseded and replaced by the new Digital Markets, Competition and Consumers Act 2024. In light of this, the guidance on material information for estate agents and letting agents has been withdrawn.”
All references to the guidance are being rapidly removed from NTSELAT’s communications.
What Does This Mean for Agents?
Although the guidance is no longer in place, the obligation to disclose material information has not gone away. In fact, under the DMCC Act, agents may now face stricter penalties for failing to act fairly or transparently.
The Competition and Markets Authority (CMA) will enforce the new standards, which still require traders to behave “fairly and diligently” — including by providing consumers with key information that could affect their decision-making.
Higher Risk of Non-Compliance
One of the main criticisms of material information was the difficulty in enforcing it. Now, without clear, property-specific guidance under the DMCC Act, many agents are left wondering what exactly they need to do to stay compliant. General guidance on unfair commercial practices exists, but it lacks the specificity the sector had come to rely on.
This puts greater pressure on businesses to use their own judgment — increasing the risk of errors and potential sanctions.
Industry Response
Athan Emerson, CEO of Propertymark
“It is essential that all agents are aware of this crucial announcement and how it fundamentally affects their business and operations. While it’s right to consider there will always be progression within the sector, there has been much time invested in ensuring compliance across the industry regarding Material Information, for it to become superseded by new legislation in less than two years and with limited sector guidance for both consumers and practitioners to rely on, this could cause considerable confusion.”
Source: Estate Agent Today
Lesley Horton, Interim Property Ombudsman, TPOS
“Whilst the guidance has been withdrawn, we champion the principle of giving consumers and agents support in understanding what material information should be disclosed upfront. Our enquiry and casework data tells us that agents will need guidance to help them understand what is and what is not material information. We remain committed to working with National Trading Standards and industry stakeholders.”
Source: Property Industry Eye
What Should Agents Do Now?
Until new guidance is issued, agents should:
- Continue disclosing key information that a consumer would reasonably expect
- Review listings and ensure they are not misleading or incomplete
- Keep clear documentation of decision-making and disclosures
- Stay updated with news from NTSELAT, CMA, and trade bodies
Final Thoughts
The withdrawal of the Material Information guidance is a major shift — and one that has happened with little warning. While legal duties remain in place, the lack of tailored guidance increases the compliance burden on individual agents and firms.
Agents must now rely on their professional standards, the general principles of the DMCC Act, and any interim advice from industry bodies. Clarity from regulators is urgently needed to restore confidence and consistency in the property market.
However, the underlying benefits of providing upfront property information to consumers, conveyancers and agents remain. If you wish to find out more about the YourHomeReport solution, please get in touch.