Material Information in Property Listings: New Rules for Sellers
The latest rules on material information that must be included in property listings, and what sellers need to provide to their estate agent.
What you need to know
Material information is any fact about a property that the average consumer needs to make an informed decision. Under the Consumer Protection from Unfair Trading Regulations 2008 and National Trading Standards guidance, estate agents must include material information in property listings. The guidance is divided into Part A (mandatory details), Part B (property features), and Part C (situation-specific issues). Sellers must provide this information to their agent before marketing begins.
- Estate agents must include material information in property listings under the Consumer Protection from Unfair Trading Regulations 2008.
- National Trading Standards guidance divides material information into three parts: Part A (mandatory), Part B (property features), and Part C (situation-specific).
- Sellers are responsible for supplying accurate property details to their agent before the listing goes live.
- Omitting material information from a listing is a misleading omission and can result in enforcement action, complaints, and civil claims.
- Material information requirements work alongside, not instead of, the TA6 Property Information Form completed during conveyancing.
Pine handles the legal prep so you don't have to.
Check your sale readinessWhen you put your home on the market, the listing is often the first thing a potential buyer sees. What many sellers do not realise is that there are strict rules about what information must be included in that listing — and leaving things out can have serious legal consequences for your estate agent and, indirectly, for you.
This guide explains the material information rules that apply to property listings in England and Wales, what you as a seller need to provide to your estate agent, and how to avoid common pitfalls. If you are also looking at your broader disclosure obligations, our guides on what to disclose when selling and the seller's duty of disclosure cover the legal framework in detail.
What is material information?
Material information is any fact about a property that the average consumer needs in order to make an informed purchasing decision. The concept comes from the Consumer Protection from Unfair Trading Regulations 2008 (commonly called the CPRs), which prohibit traders from omitting material information in a way that would cause the average consumer to make a different decision than they would otherwise have made.
In a property context, this means estate agents cannot leave out important details from their listings. A buyer scrolling through Rightmove or Zoopla should be able to see the key facts they need before booking a viewing or making an offer. If those facts are missing and the buyer later discovers them, this could be treated as a misleading omission under the CPRs.
The legal background
The rules on material information are rooted in two key pieces of legislation:
Consumer Protection from Unfair Trading Regulations 2008
The CPRs replaced the Property Misdescriptions Act 1991 (which was repealed in October 2013) and go significantly further. While the old Act only covered positive false statements about a property, the CPRs also cover misleading omissions — meaning estate agents can breach the law by leaving information out, not just by getting things wrong.
Under the CPRs, estate agents are classified as traders and must not engage in unfair commercial practices. This includes misleading actions (making false statements) and misleading omissions (failing to include material information). The regulations are enforced by local trading standards authorities and carry both criminal sanctions and civil remedies.
National Trading Standards guidance
To help estate agents understand exactly what constitutes material information, the National Trading Standards Estate and Letting Agency Team (NTSELAT) has published detailed guidance. This guidance does not create new law — it interprets the existing obligations under the CPRs and provides a practical framework for compliance. Trading standards officers use it when assessing whether an agent has met their obligations.
The guidance divides material information into three parts: Part A, Part B, and Part C. Each part covers a different category of information, with Part A being the most fundamental and Part C covering issues that only apply in certain situations.
Part A: mandatory property information
Part A covers the core details that must appear in every property listing from the moment it is published. These are the basic facts that any buyer would expect to see.
| Information required | Details |
|---|---|
| Asking price | The price at which the property is being marketed, including whether offers are invited above or around a certain figure |
| Property address | The full postal address or sufficient detail to identify the property's location |
| Tenure | Whether the property is freehold, leasehold, commonhold, or another form of tenure. For leasehold properties, the remaining lease length should also be stated |
| Council tax band | The current council tax band for the property in England, or the council tax charge in Wales |
| Property type | Whether the property is a house, flat, bungalow, maisonette, or other type, along with whether it is detached, semi-detached, terraced, or end-terrace |
| Number of bedrooms and bathrooms | The total number of bedrooms and bathrooms, including en-suites |
| EPC rating | The current Energy Performance Certificate rating. An EPC must be commissioned before marketing begins and a copy made available to prospective buyers |
Most of this information is straightforward and your estate agent will gather it during their initial valuation visit. As a seller, you should make sure you have your EPC arranged before the property is listed and that you can confirm the tenure and council tax band accurately.
Part B: property features
Part B covers more detailed information about the property's features and services. This information should be included in the listing or made available to prospective buyers at the earliest opportunity.
| Category | Information required |
|---|---|
| Utilities | What utilities are connected to the property (mains gas, electricity, water, sewerage) and whether any are off-mains (such as a septic tank, oil heating, or private water supply) |
| Heating and hot water | The type of central heating system (gas boiler, electric, heat pump, etc.) and how hot water is provided |
| Broadband and mobile signal | Available broadband speeds and mobile phone coverage at the property. Ofcom's online checker can provide this data |
| Parking | Whether the property has a garage, driveway, allocated parking space, on-street permit parking, or no dedicated parking |
| Building safety | For flats in buildings over 11 metres or with 5 or more storeys, details of any building safety issues, cladding concerns, or fire risk assessments that have been carried out |
| Construction materials | Whether the property is built of standard construction (brick and block) or non-standard materials (timber frame, concrete panel, steel frame, etc.) that may affect mortgageability |
| Accessibility | Any accessibility features or adaptations, such as ramps, stairlifts, wet rooms, or widened doorways |
| Lease details (leasehold only) | Annual ground rent, service charge, any major works planned or recently completed, and details of the freeholder or managing agent |
Part B information requires more input from you as the seller. Your agent will likely provide a questionnaire asking about utilities, heating, and parking, but you are the person who knows whether the property has a septic tank, a private water supply, or non-standard construction. Being upfront about these details avoids problems further down the line when the buyer's solicitor raises property information enquiries.
Part C: situation-specific information
Part C covers material information that only needs to be disclosed if it is relevant to the specific property being sold. Not every property will have Part C issues, but where they exist, they must be included in the listing.
| Issue | When it must be disclosed |
|---|---|
| Flooding | If the property has a history of flooding from any source (rivers, surface water, groundwater, sewers), or is in a flood risk zone |
| Coastal or cliff erosion | If the property is at risk of coastal erosion or is in a shoreline management plan area |
| Subsidence | If the property has a history of subsidence, heave, or landslip, or if insurance claims have been made |
| Japanese knotweed | If Japanese knotweed is present on the property or within three metres of the boundary |
| Planning and building work | If the property has been extended or altered, and whether planning permission and building regulations approval were obtained. Also covers nearby planning applications that could affect the property |
| Conservation area or listed building | If the property is in a conservation area, is a listed building, or is within the curtilage of a listed building |
| Rights of way and easements | If there are public or private rights of way across the property, or easements such as drainage or access rights benefiting neighbouring properties |
| Restrictive covenants | If the property is subject to restrictive covenants that limit how the property can be used (for example, no business use, no further building, or restrictions on keeping animals) |
| Mining or mineral rights | If the property is in an area affected by current or historical mining activity, or if mineral rights are not included in the sale |
| Electricity pylons, substations, or masts | If the property is near overhead power lines, electricity substations, mobile phone masts, or other infrastructure that could affect amenity or health concerns |
Part C is where honest input from the seller is particularly important. Your agent can check flood risk maps and planning records, but they rely on you to disclose things like a past insurance claim for subsidence, an ongoing dispute with a neighbour about a right of way, or building work you know was done without proper approvals. These are all issues that would also need to be disclosed on your TA6 form, so being upfront at the marketing stage prevents contradictions later on.
What sellers need to provide to their estate agent
When you instruct an estate agent to sell your property, they will ask you for information to compile the listing. Under the material information rules, agents need more detail from sellers than they did in the past. Here is a practical checklist of what you should prepare:
- Tenure confirmation. Know whether your property is freehold or leasehold. If leasehold, have the remaining lease length, annual ground rent, and service charge figures ready.
- Council tax band. Check your council tax bill or look up the property on the Valuation Office Agency website.
- EPC certificate. If your existing EPC has expired (they last 10 years), arrange a new one before marketing begins. See our guide to EPC certificates explained for more detail.
- Utility details. Confirm which utilities are connected to the property and whether any are off-mains. Note your heating type, hot water system, and whether the boiler has been serviced recently.
- Building work and planning history. Gather any planning permissions, building regulations completion certificates, and guarantees for work done to the property. If work was done without consent, be upfront with your agent. For more on the documents needed to sell a house, see our separate guide.
- Known issues. Disclose any flooding history, subsidence, Japanese knotweed, boundary disputes, rights of way, restrictive covenants, or other issues you are aware of. Your agent needs to know about these to include them in the listing.
- Construction type. If your property is non-standard construction (timber frame, concrete panel, steel frame, etc.), tell your agent. This affects mortgageability and is material information under Part B.
The more complete and accurate the information you provide at this stage, the less likely you are to face delays or disputes once a buyer has been found and conveyancing begins.
How material information relates to the TA6 and conveyancing
Material information requirements apply at the marketing stage — before a buyer has even been found. The TA6 Property Information Form applies at the pre-contract stage — after an offer has been accepted and the conveyancing process is underway. Both require honest, accurate information, and there is significant overlap between the two.
This creates a practical advantage for sellers who prepare early. If you complete your TA6 before you instruct your agent, you will already have the detailed property information needed to satisfy the material information requirements. Your agent can draw on your TA6 answers to compile an accurate listing, and when the buyer's solicitor requests the property information form, it is ready to send immediately rather than delaying the transaction by weeks.
Pine is designed to help you take this approach. By guiding you through the TA6 and other seller forms before you list your property, Pine helps you build a solicitor-ready legal pack that also supplies your agent with the material information they need from day one.
What happens if material information is missing or wrong
The consequences of getting material information wrong differ depending on who is at fault and what went wrong:
For estate agents
- Trading standards enforcement. Local trading standards authorities can investigate complaints about missing or misleading material information. Agents can face warnings, fines, or criminal prosecution under the CPRs.
- Property Ombudsman complaints. Buyers who feel misled by a listing can complain to The Property Ombudsman (TPO) or the Property Redress Scheme. These bodies can require agents to pay compensation.
- Propertymark and RICS disciplinary action. Agents who are members of professional bodies such as Propertymark or RICS may face disciplinary proceedings for failing to meet professional standards on material information.
For sellers
- Misrepresentation claims. If you provide false information to your agent and a buyer relies on it when deciding to purchase, the buyer can bring a claim against you under the Misrepresentation Act 1967 after completion. Our guide to the seller's duty of disclosure covers this in detail.
- Agent recovery claims. If your agent faces a fine or compensation order because you supplied inaccurate information, they may pursue you to recover their losses.
- Collapsed sales. If a buyer discovers missing or misleading information during the conveyancing process, they may withdraw from the sale. This wastes time and money for everyone involved.
Practical tips for getting material information right
Meeting your material information obligations does not need to be complicated. The following steps will help you provide your agent with what they need:
- Be honest from the start. Do not wait for the conveyancing stage to reveal issues. If there is a flooding history, a boundary dispute, or unauthorised building work, tell your agent before the listing goes live. It is always better for a buyer to know upfront than to discover a problem during searches or enquiries.
- Complete a property information questionnaire early. Many agents now provide a material information questionnaire based on the National Trading Standards guidance. Fill this in carefully and attach supporting documents where possible.
- Review your listing before it goes live. Ask your agent to show you the draft listing before it is published. Check that the details are accurate, including tenure, council tax band, EPC rating, and any disclosed issues. If anything is wrong or missing, correct it before the listing goes public.
- Keep your listing up to date. If circumstances change during marketing — for example, you receive a notice about a nearby planning application or discover Japanese knotweed — tell your agent immediately so the listing can be updated.
- Prepare your TA6 early. Completing the TA6 form before you list gives you a thorough review of your property's details, which feeds directly into the material information your agent needs. It also means you are ready to issue the draft contract pack as soon as you accept an offer.
How material information affects how you write a listing
If you are involved in drafting or approving your property listing, it is worth understanding how material information rules affect the language and content. The key principle is that listings must not mislead by omission. This does not mean every listing needs to lead with the property's problems — but it does mean that material facts cannot be buried or left out.
For example, if your property is leasehold with a short remaining lease, this must be stated clearly rather than hidden in a footnote. If the property has non-standard construction, this should be mentioned rather than described vaguely as "character construction." For more guidance on writing an effective and compliant listing, see our guide on how to write a property listing.
The role of portals
Major property portals such as Rightmove and Zoopla have updated their listing formats to accommodate material information. Agents can now include structured data fields for tenure, council tax band, EPC rating, utilities, and other Part A and Part B details. This means buyers are increasingly accustomed to seeing this information and may be suspicious of listings that lack it.
From a seller's perspective, the portal changes are helpful. They give your agent a clear framework for presenting property details, and they make it easier for buyers to compare properties on a like-for-like basis. Listings with complete material information tend to attract more serious buyers and fewer time-wasters, because expectations are set correctly from the outset.
Sources and further reading
- Consumer Protection from Unfair Trading Regulations 2008 (SI 2008/1277) — legislation.gov.uk
- National Trading Standards Estate and Letting Agency Team — Material Information in Property Listings: Part A, Part B, and Part C guidance — ntselat.gov.uk
- The Property Ombudsman — Code of Practice for Residential Estate Agents — tpos.co.uk
- Propertymark — Material Information Guidance for Estate Agents — propertymark.co.uk
- Consumer Protection (Amendment) Regulations 2014 (SI 2014/870) — legislation.gov.uk (repeal of Property Misdescriptions Act 1991)
- Misrepresentation Act 1967 — legislation.gov.uk
- Law Society of England and Wales — Property Information Form (TA6), 4th edition, 2020
- GOV.UK — Energy Performance Certificates: gov.uk/buy-sell-your-home/energy-performance-certificates
Frequently asked questions
What is material information in a property listing?
Material information is any fact about a property that the average consumer needs to make an informed purchasing decision. Under the Consumer Protection from Unfair Trading Regulations 2008, estate agents must not omit material information from their listings. National Trading Standards has published detailed guidance dividing material information into three parts: Part A (mandatory details like tenure, price, and council tax band), Part B (property features such as utilities and parking), and Part C (situation-specific issues like flooding risk or planning applications).
Is it the seller or the estate agent who is responsible for material information?
The legal obligation to include material information in listings falls on the estate agent, because the Consumer Protection from Unfair Trading Regulations 2008 apply to traders rather than private individuals. However, agents depend on sellers to supply accurate property details. If you provide false or incomplete information and your agent includes it in the listing, the agent faces potential enforcement action and will likely seek to recover any losses from you. In practice, both parties share the responsibility.
What happens if material information is missing from a listing?
If an estate agent omits material information from a property listing, they may be in breach of the Consumer Protection from Unfair Trading Regulations 2008. This is classified as a misleading omission and can result in enforcement action by local trading standards authorities, including prosecution. The Property Ombudsman can also investigate complaints. Buyers who suffer a loss because of missing information may have grounds for a civil claim against the agent, the seller, or both.
When did the material information rules come into effect?
The Consumer Protection from Unfair Trading Regulations 2008 have been in force since May 2008, replacing the Property Misdescriptions Act 1991 from October 2013. National Trading Standards published its detailed material information guidance in phases: Part A was issued in 2022, with Parts B and C following in 2023. While the guidance is not legislation in itself, it interprets the legal obligations under the CPRs and is used by trading standards officers when assessing compliance.
Do I need to provide material information before my property is listed?
Yes. Your estate agent should collect material information from you before the property goes on the market. Under the National Trading Standards guidance, Part A details must be included in the listing from day one. Part B and Part C information should also be gathered upfront where possible, and added to the listing as soon as it is available. Listing a property without the required material information puts the agent at risk of a misleading omission complaint.
Does material information replace the TA6 form?
No. Material information requirements and the TA6 Property Information Form serve different purposes at different stages of the sale. Material information applies to the marketing stage and governs what must appear in the listing. The TA6 is a pre-contract disclosure document completed by the seller and sent to the buyer's solicitor after an offer is accepted. There is significant overlap in the topics covered, but both are required. Completing your TA6 early can help you supply accurate material information to your agent from the outset.
What is Part C material information?
Part C covers situation-specific material information that only applies if certain conditions exist at the property. Examples include flooding history, coastal or cliff erosion risk, subsidence, Japanese knotweed, planning permissions or applications affecting the property or neighbouring land, rights of way, restrictive covenants, and conservation area or listed building status. If any of these issues are relevant to your property, they must be disclosed in the listing. If none apply, there is nothing additional to include.
Can I be fined for not providing material information to my estate agent?
Private sellers are not directly subject to fines under the Consumer Protection from Unfair Trading Regulations 2008, as the regulations target traders such as estate agents. However, if your failure to provide accurate information leads to the agent publishing a misleading listing, the agent may face enforcement action and could pursue you for their losses. You could also face a civil claim from the buyer for misrepresentation if your omission induced them to proceed with the purchase.
Does material information apply to private sales without an estate agent?
The Consumer Protection from Unfair Trading Regulations 2008 apply to traders, not private individuals. If you sell your property privately without using an estate agent, the material information guidance does not apply directly to your advertising. However, you are still bound by the Misrepresentation Act 1967, which means you cannot make false statements that induce a buyer to enter into a contract. You must also complete the TA6 form honestly once the sale is underway.
Where can I find the official material information guidance?
The official guidance is published by the National Trading Standards Estate and Letting Agency Team. It is available on the NTSELAT website and is also referenced by industry bodies including The Property Ombudsman, Propertymark, and the National Association of Estate Agents. Your estate agent should be familiar with the guidance and may provide you with a questionnaire based on it when you instruct them to market your property.
Related guides
View allLegal Forms
- →TA6 6th Edition: Key Changes for Sellers (2026)
- →TA6 6th Edition and Material Information Requirements
- →What Is a TA6 Form? Property Information Form Explained
- →How to Fill In the TA10 Fittings and Contents Form
- →TA7 Leasehold Information Form Explained
- →What Do I Legally Have to Disclose When Selling My House?
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