Property agents: Are you complying with Material Information legislation?

Buying or renting a property is one of the biggest undertakings a person can make during their lifetime, so it’s crucial that they have all the relevant information needed to make an informed decision. Estate and letting agents already have a legal responsibility not to omit Material Information from consumers, and the National Trading Standards Estate and Letting Agency Team (NTSELAT) is continuing to work with the property industry to improve and standardise disclosures in property listings. 

Material information is defined in the Consumer Protection from Unfair Trading Regulations 2008 as “information which the average consumer needs, according to the context, to take an informed transactional decision”. 

Material Information, therefore, includes any details that would impact a consumer’s decision concerning a property, such as arranging a viewing, putting in an offer to rent or buy, and proceeding with any other aspect of the transaction.

Benefits of full disclosure

NTSELAT’s comprehensive guidelines on what constitutes Material Information are aimed at making property rental and purchase processes more consistent and transparent, and to improve confidence in the property industry and market. 

Ensuring a property is accurately advertised saves time, reduces the risk of a transaction falling through and protects consumers, as well as helping agents meet their legal obligations. 

Unavoidable costs – council tax banding or domestic rates, sale price and rent amount, and whether the property is freehold or leasehold are already detailed as standard in property adverts. However, with general industry agreement, NTSELAT wants to see more comprehensive and consistent property advertising. This includes items such as renewable or alternative energy sources, broadband availability, parking, restrictions and rights on the land, accessibility and any flood or erosion risks. 

Helping you comply

SME Professional’s comprehensive property software solution has already been expanded to include the NTSELAT’s proposed listings, from sewerage, accessibility and mobile reception to coastal and flood risks and coalfield or mining areas. 

These are fed directly to all the major property marketing portals where their systems support it, including Rightmove, Zoopla and On the Market. 

SME Professional’s property websites, which integrate with most major CRMs now also support material information with a new property preview features which allows agents and landlords to approve marketing particulars without the need to generate and send a brochure. You can view our websites here.

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Click here for the full NTSELAT guidance.

NTSELAT Material Information in Property Listings (Lettings) 

Part A 

Council Tax or Domestic Rates 

Council Tax Band (in England, Wales and Scotland) 

Domestic Rates (in Northern Ireland) 

Rent 

Details of any deposit(s) payable 

Security deposit (tenancy deposit) 

Holding deposit 

Part B 

Physical characteristics of the property 

Property type 

Material type/materials used in construction 

Number and type(s) of room(s) 

Utilities 

Electricity supply 

Water supply 

Sewerage 

Heating 

Broadband 

Mobile signal/coverage 

Parking 

Part C 

Building safety 

Restrictions and rights 

Rights and Easements 

Flood erosion/risk 

Flood risk 

Coastal erosion risk 

Planning Permission or proposal for development  

Property accessibility/adaptations 

Coalfield or mining area 

NTSELAT Material Information in Property Listings (Sales) 

Part A 

Council Tax or Domestic Rates 

Council Tax Band (in England, Wales and Scotland) 

Domestic Rates (in Northern Ireland) 

New builds and Council Tax/Domestic Rates 

Asking price 

Price and new build properties 

Tenure 

Freehold 

Leasehold 

Shared ownership 

Commonhold 

Non-traditional tenure 

Additional information about tenure 

Part B 

Physical characteristics of the property 

Property type 

Material type/materials used in construction 

Number and type(s) of room(s) 

Utilities 

Electricity supply 

Water supply 

Sewerage 

Heating 

Broadband 

Mobile signal/coverage 

Parking 

Part C 

Building safety 

Restrictions and rights 

Rights and Easements 

Flood erosion/risk 

Flood risk 

Coastal erosion risk 

Planning Permission or proposal for development  

Property accessibility/adaptations 

Coalfield or mining area  

Rent 

Details of any deposit(s) payable 

Security deposit (tenancy deposit) 

Holding deposit