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Call the legal helpline (NAEA Propertymark members only) if you have a question about your obligations under the Consumer Protection Regulations. More info...

Consumer Protection Regulations

The National Trading Standards Estate Agency Team of Powys County Council in its role as the UK’s lead enforcement authority for the Estate Agents Act 1979 has updated it’s guidance to help property sales businesses to comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) and the Business Protection from Misleading Marketing Regulations 2008 (BPRs) when carrying out activities in the UK. This guidance updates and replaces the previous Office of Fair Trading ‘Guidance on Property Sales’.

Read the guidance...

Mark Hayward

Mark Hayward

Chief Executive

“NAEA Propertymark supports the move towards the Guidance being presented in a way that consumers will find easier to understand. However, we believe that the Guidance should go further in including specific examples which will help agents to understand what they should and should not say when dealing with consumers.

“Working examples could include the need for agents to tell an individual or couple looking to buy a house for retirement that there is a school nearby with increased noise and traffic levels at certain times; a self-employed consumer looking to purchase a property should be made aware of any parking restrictions surrounding commercial vehicles.

“By including detailed instances relevant to the buying and selling process we believe that the Guidance would be more descriptive and allow agents to clearly understand what they can and cannot do.”

Increasing the transparency of referral fees

On 28 February 2019, the National Trading Standards Estate Agency Team (NTSEAT) published new guidance on referral fees received by estate agents across the UK, with the aim of making previously hidden fees open and transparent to consumers. Within the new guidelines, agents now need to disclose in writing, at the earliest opportunity:

  • The price of its services, including any “compulsory” extras.
  • Where a referral arrangement exists, that it exists, and with whom.
  • Where a transaction-specific referral fee is to be paid, its amount.
  • Where a referral retainer exists, an estimate of the annual value of that retainer to the estate agent or its value per transaction.
  • Where the referral is rewarded other than by payment, an assessment of the annual value of the reward or the value of the reward per transaction.

The new guidance was produced by the NTSEAT with assistance from NAEA Propertymark, the Property Ombudsman, Property Redress Scheme, the Guild of Property Professionals and the Royal Institution of Chartered Surveyors.

If the industry does not take this guidance seriously and transparency is not achieved referral fees could be banned when this guidance is reviewed after 12 months.

Read the guidance...

Property Information Questionnaires

We have produced Property Information Questionnaires (PIQs) to help agents comply with their legal obligations under the CPR’s. The forms are a general guide as there may be other questions that only apply in your area such as the underground or presence/history of mining etc.

Get More Insight at NAEA Propertymark Workshops

Find out about any recent changes to the industry including CPRs. Get anecdotal examples that will help you stay compliant and take the opportunity to get any of your burning questions answered. More info...

Book onto the Consumer Protect Regulations course

Our CPRs course looks at the law from both a sales and lettings perspective, advising on the right procedures to have in place, what is and isn't permissible and the consequences of a breach. More info...

Free legal advice

Call the legal helpline (NAEA Propertymark members only) if you have a question about your obligations under the Consumer Protection Regulations. More info...