Estate Agents
The role of an Estate Agent
Estate Agents play a central role in the property buying and selling process. Their involvement includes:
✓ Marketing the property
✓ Negotiating the sale
✓ Project managing the transaction
✓ Chasing up missing information to enable the transaction to go through
✓ Valuing the home
Following the implementation of the protocol, Estate Agents will have the opportunity to collaborate with other stakeholders to ensure an efficient customer journey.
Under the Digital Markets Competition and Consumers Act 2024, Estate Agents must provide all material information related to the property. This means all information that the average consumer needs to take an informed transactional decision. The specific information provided may differ depending on the specific characteristics of the property but doesn’t include accounting for the unique needs of the individual buyers.
Rules and Regulations
The following rules and regulations apply to Estate Agents
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In England, estate agents need to abide by the Estate Agents Act 1979, and in the UK the Consumer Protection from Unfair Trading Regulations 2008 (Consumer Protection Regulations, CPR) which is updated by the Digital Markets, Competition and Consumers Act 2024 . Agents who engage in residential estate agency are required to belong to an approved redress scheme under the Consumers, Estate Agents and Redress Act 2007.
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They must adhere to the Tenant Fees Act 2019, register with a Government-approved Client Money Protection (CMP) scheme and register with HMRC under anti-money laundering legislation. Property professionals are required to comply with the Money Laundering Regulations 2017 and be aware of the Proceeds of Crime Act 2002.
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The are no regulators but the National Trading Standards Estate and Letting Agency Team still enforce the Digital Markets, Competition and Consumers Act at an individual business level. This is despite the withdrawal of Parts A, B and C of the Material Information Guidance, which was published in November 2023. The Competition and Markets Authority enforces the Digital Markets, Competition and Consumers Act 2024 at a sector-level, setting how the Act should be interpreted. The Ministry of Housing, Communities and Local Government is currently reviewing the response to a consultation launched in October 2025 which will set new requirements for material information across all organisations involved in the home buying and selling process, including estate agents.
Material Information and EPCs
Material Information (MI) means the information relevant to the property which would impact the average consumer’s ability to make an informed transactional decision. This covers the legal and physical aspects of the property, along with the affordability of the financial aspects.
This will include things like:
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Size of the property
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Any restrictions on the property
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The tenure of the property (leasehold, freehold, commonhold)
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Any structural issues with the property that will need addressing
Energy Performance Certificates (EPCs) fall outside the scope of Material Information CPR as they are already required under different legislation, The Energy Performance of Buildings (England and Wales) Regulations 2012.
Failure to comply with the legislation carries the risk of customer complaints, fines, and even criminal prosecution and prison sentences.
Benefits and opportunities in collaborating to share data
There are many benefits to sharing data in the early stages, and throughout the buying and selling process. Benefits include:
Better outcomes
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Improving collaboration - Prevent fall throughs through a cross-industry commitment to data sharing
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Unlock new opportunities – Expand access to data, reaching new customers and enabling innovative use cases
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Enhanced data access – Provide customers with reliable, up-to-date property information
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Efficiency gains – Streamline processes and reduce administrative burdens
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Improved decision-making – Enable informed choices with accurate insights
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Regulatory compliance – Support adherence to industry standards and legal requirements
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Competitive advantage – Offer unique data solutions that add value to customers
Faster certainty
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Faster transactions – Reduce turnaround times for property searches, streamlining the process for everyone involved
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Smarter market operations – Drive efficiency with data-powered insights that enhance decision-making
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Trusted and verified data – Ensure confidence with reliable, high-quality information backed by proven sources
What information does an Estate Agent need?
An Estate Agent would benefit from knowing the following information from an early stage:
Unavoidable Costs
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Council tax rates and band
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Asking prices
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Tenure
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Service Charge and Ground Rent Costs
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Lease Length
General Property Characteristics
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Property type
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Construction material
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Number and types of rooms
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Utilities and nature of the supply
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Heating type
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Broadband supply
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Mobile signal/coverage
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Parking
Property Specific Issues
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Building safety
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Restrictions, rights and easements
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Flood or coastal erosion risk
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Planning permission and proposed development
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Property accessibility and adaptations
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Coalfield or mining areas
Note: The information is based off guidance previously produced by the National Trading Standards Estate and Letting Agency Team and may be subject to change.
What information does an Estate Agent need?
An Estate Agent would benefit from a range of data to support their service, including:
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Seller ID and Anti Money Laundering verification
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Buyer ID and Anti Money Laundering verification
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Proof of funds for buyer
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Copy of Mortgage Agreement in Principle
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Confirmation Solicitors are instructed
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Energy Performance Certificate (EPC) Environmental data
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Local Authority data
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HM Land Registry data
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Mining Remediation /Coal Authority data
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HS2 and other road or rail network infrastructure
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Lease and managed estate information
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Whether the property is impacted by the Building Safety Act
Data sources
An Estate Agent can obtain data from a variety of sources, including:
Gathering information direct from seller, verifying* with the relevant authorities
Verifying* the Material Information in existing Property Logbook
From the seller's conveyancing lawyer who gathers and reviews Material Information
Receiving verified* Material Information, either directly or shared by others in the process
*Authenticating the origin of the data will mean the estate agent can establish whether the information is verified by the relevant data authority
Sharing data
The increased sharing of digital data will have many positive impacts, including:
Digital verification certificates will speed up the verification under Anti-Money Laundering requirements for estate agents, conveyancing lawyer, mortgage intermediaries and lenders
The data in the property description, searches, title and seller information is also used by estate agents, surveyors, valuers, mortgage intermediaries, lenders and domestic energy assessors to provide their services
Process flow to completion
How the process flow to completion could look for estate agents under the Protocol
Upfront Information
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Review Seller ID
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Property Logbook
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Assess and advise on pre-marketing inspections/surveys, search data,
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Title & seller information
Viewing
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Review Material Information
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Mortgage in principle
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Proof and source of funds confirmed
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Buyer ID
Offer made
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Mortgage application
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Contract pack
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Valuation
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Survey (where advised)
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Due diligence
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Enquiry of specifics relevant to the buyer and their lender
The current process
