Estate agents

Material Information compliance guide for UK estate agents

What Parts A, B and C require, the penalties for non-compliance, and how to automate disclosure for London postcodes.

What is Material Information?

Material Information is any information that a typical buyer would consider significant when deciding to purchase a property. Since 2023, National Trading Standards Estate and Letting Agency Team (NTSELAT) has issued binding guidance making Material Information disclosure mandatory for all UK estate agents under the Consumer Protection from Unfair Trading Regulations 2008 (CPRs).

The guidance is structured into three parts — A, B, and C — each specifying different categories of disclosure. Failure to comply is a criminal offence, not merely a regulatory breach. Portals including Rightmove and Zoopla are moving to enforce Material Information requirements at the listing level.

Parts A, B and C — what they cover

Part AAlways required
  • Property price
  • Tenure (freehold, leasehold, commonhold)
  • Council tax band (England) / Council tax band or rate (Wales)

Must appear in all marketing materials, including portals, window cards, and brochures.

Part BWhere it applies
  • Physical characteristics — construction type, rooms, utilities, heating, parking
  • Accessibility features
  • Flood risk (source: Environment Agency)
  • Building safety — cladding issues, EWS1 status

Must be gathered from the vendor before marketing begins. Cannot be listed as "ask your solicitor."

Part CRestrictions and obligations
  • Planning permissions and restrictions
  • Rights of way and easements
  • Restrictive covenants
  • Ground rent and service charges (leasehold)
  • Additional flood risk detail
  • Any other restriction on use or development

The most complex area — requires engagement with Land Registry, local authority, and specialist search providers.

Common compliance gaps agents miss

Flood risk disclosure

Many agents only check the basic Environment Agency flood risk map. Part C requires disclosure of all relevant flood risk — surface water flood risk, river and sea flooding, and groundwater. Properties in apparently low-risk areas can still have elevated surface water flood risk.

Leasehold ground rent details

Ground rents must be disclosed upfront, including any escalation clauses. Doubling ground rent clauses in older leases are a known issue — agents who fail to disclose these face significant liability.

Planning restrictions

Article 4 Directions (which remove permitted development rights), conservation area restrictions, and listed building status must be disclosed. Many agents rely on vendors to volunteer this information rather than proactively checking.

Building safety

EWS1 forms, FRAEW assessments, and known cladding issues are required disclosures under Part B. Agents cannot wait for solicitors to discover these during conveyancing — they must be disclosed in marketing.

Frequently asked questions

Automate Material Information for London postcodes

LondonIQ compiles Parts A, B and C data for any London postcode in under 5 seconds — flood risk, council tax band, planning restrictions, building safety flags and more. Free for individual lookups.

Get Material Information report →All agent tools

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