As of Thursday 8th May 2025, the Material Information guidance from the National Trading Standards Estate and Letting Agency Team (NTSELAT) has been withdrawn. Created to help agents follow legislation and remain compliant when dealing with customers, the unexpected change has caused concern across the property industry.
Here’s what we know so far, and how Alto can support you to navigate these changes…
What has changed regarding Material Information guidance?
As of 8th May 2025, the NTSELAT has withdrawn its Material Information guidance for property listings, in relation to the Unfair Trading Regulations 2008.
This decision follows the implementation of the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), which replaces the legislation this guidance was based on.
Does this mean agents no longer need to provide Material Information?
No. Even though the official guidance is gone, agents still have the obligation to provide the key information needed to allow for a legitimate property transaction. A buyer or renter still needs to be informed of any information that could influence their decision about a property, in order for the transaction to remain compliant.
In fact, the absence of specific guidance increases the importance of agents exercising due diligence to avoid hefty fines and penalties.
What are the potential consequences of non-compliance?
Under the DMCC Act, the Competition and Markets Authority (CMA) has enhanced enforcement powers. Agents failing to treat customers fairly and honestly, or leaving out important property information may face substantial penalties, including fines and other legal actions.
How should agents determine what constitutes Material Information now?
While specific guidance has been withdrawn, the principle remains: any information that could impact a consumer’s decision should be disclosed. Misleading or acting aggressively towards customers can also result in a breach of compliance.
This includes details about property tenure, price, council tax band, utilities, building safety, and any known restrictions or risks. Agents can access general guidance through the CMA, whilst we wait for more industry-specific guidance.
General guidance on Unfair commercial practices
How can Alto assist agents during this transition?
Alto’s platform is designed to help agents manage property information effectively. While the specific Material Information guidance has been withdrawn, Alto continues to support agents in collecting and presenting comprehensive property details to ensure transparency and compliance with current regulations.
Alto also provides a digital property questionnaire covering all the material information intended to make your listing compliant with National Trading Standards requirements.
Will there be new guidance issued to replace the withdrawn Material Information guidance?
As of now, no new sector-specific guidance has been released. However, the CMA has published general guidance on unfair commercial practices. Agents should monitor official channels for any updates or new publications that provide further clarity.
What steps should agents take to remain compliant?
- Review and update all property listings to ensure they include comprehensive and accurate information
- Stay informed about the DMCC Act and any related guidance from the CMA
- Utilise Alto’s dedicated tools and features to manage and present property information effectively
- Consider seeking legal advice to understand the full implications of the DMCC Act on your operations
