Material Information: An Estate Agent's Compliance Checklist

Material information is the compliance obligation most likely to bite an agency in 2026 — not because it is new, but because scrutiny of it is rising sharply while practice across the sector remains uneven.

This guide sets out the three parts, what must appear on a listing, where agents most often fall short, and what the reform programme changes.

The legal basis

Two things operate together. National Trading Standards guidance describes what should be disclosed and structures it into Parts A, B and C. The legal force comes from consumer protection law — now the Digital Markets, Competition and Consumers Act 2024, which took over from the Consumer Protection from Unfair Trading Regulations in this area.

Under that regime, omitting information a reasonable buyer needs in order to make an informed transactional decision can amount to a misleading omission. The DMCC Act also brought materially stronger enforcement powers, which is the practical change agents should be planning around.

Part A — every listing, no exceptions

Leasehold detail within Part A is the most common failure point. “Leasehold” alone is not sufficient: the unexpired term, ground rent and service charge are all required.

Part B — all properties, detail varies by type

• Property type and build form
• Construction materials — non-standard construction must be flagged
• Number and types of room, and floor area where available
• Utilities: electricity, water, heating, drainage, broadband and mobile signal
• Parking arrangements
• Accessibility and adaptations

Broadband and mobile signal are routinely omitted and are squarely within Part B. So is drainage — particularly where a property is not on mains drainage, which has cost implications a buyer needs upfront. See selling a house with a septic tank.

Part C — where the real risk sits

Part C covers matters affecting only some properties, which is exactly why they get missed. If it applies, it must be disclosed:

Notice how many of those are answered by documents in a sales pack. An agency that has title and searches at listing has most of Part C evidenced as a by-product, which is a quietly strong argument for adopting packs early.

The standard: reasonable steps

The point agents most often get wrong. The obligation is not to repeat what the seller told you; it is to take reasonable steps to establish material information.

“The vendor said there was no flooding” is not a complete answer where a freely available Environment Agency check would have shown otherwise. Reasonable steps in practice means:

• A structured seller questionnaire at instruction, in writing
• Checking obvious public data sources — flood, mining, planning
• Reviewing the title register where you have it, which you will under a sales pack model
• Asking the managing agent directly on leasehold, rather than relying on the seller's recollection
• Recording what you asked, what you were told, and when

That last one is the one that saves you. A documented enquiry trail is the difference between a defensible position and an indefensible one.

What the 2026 reforms change

The duty already exists. What is changing is the surrounding pressure:

• October 2025: MHCLG consulted on guidance to support agents with material information obligations.
• 2026: a non-statutory Code of Practice for property agents, plus guidance on property listing quality.
• 2027–2028: consultation on mandatory qualifications for estate and letting agents. CILEX has specifically called for mandatory training or certification in relation to material information.
• Later: sales packs before listing, which make much of Part C evidenced by default.

See what the reforms mean for estate agents.

The practical checklist

1. Structured written seller questionnaire at instruction, covering all three parts
2. Council tax band verified, not estimated
3. Tenure fully stated — lease length, ground rent and service charge on every leasehold listing
4. Construction type checked where anything looks non-standard
5. Utilities including broadband, mobile signal and drainage
6. Flood risk checked against Environment Agency data
7. Mining and ground stability checked in affected areas
8. Building safety and EWS1 position confirmed on flats
9. Title register reviewed for covenants and rights of way
10. Enquiry trail documented and retained
11. Listing re-checked when any material fact changes

Sources and further reading

• National Trading Standards— Material Information guidance, Parts A, B and C (nationaltradingstandards.uk)
• Digital Markets, Competition and Consumers Act 2024 — misleading omissions (legislation.gov.uk)
• MHCLG— Material information consultation, October 2025; reform roadmap, June 2026 (gov.uk)
• Propertymark— Material information guidance for members (propertymark.co.uk)

Related guides

• What the 2026 Reforms Mean for Estate Agents
• Sales Packs at Listing
• RoPA and Estate Agent Qualifications
• Material Information Rules (seller view)
• Material Information in Property Listings
• Material Information Seller Checklist

Frequently asked questions