Material information, in National Trading Standards’ words, is what an average buyer needs to know to decide whether to enquire about, view or buy a home. Since 6 April 2025, section 227 of the Digital Markets, Competition and Consumers Act 2024 has carried the rule against estate agents leaving it out of a listing, and the 2008 regulations had the same rule. The Act sets no list of facts for a seller to volunteer, but wrong answers can still cost you, so give your agent accurate facts early and answer your solicitor’s questions truthfully.
The short version
- The law says a listing must not omit what the average buyer needs. It has no list specific to homes.
- National Trading Standards (NTS) sorts examples into Part A (always), Part B (every property) and Part C (only if the property is affected).
- Wrong facts can cost a seller: a buyer may claim compensation, and section 239 of the Act could, on our reading, make a seller who gives an agent false facts guilty too.
- On 19 June 2026 MHCLG said it will publish its own guidance "later this year" and legislate for sales packs. Neither was in place when we checked.
What counts as material information when you sell a home?
Section 227 makes an omission misleading when it leaves out "material information", meaning what the average consumer needs to take an informed transactional decision. Unclear, untimely or hard-to-see information counts as left out. It is an offence when that is likely to change the buyer's decision (section 225). Section 225 defines a trader as someone acting for business purposes. A homeowner selling their own house is not obviously acting for business purposes, so on our reading section 227 binds the agent.
The offence is in section 237, with up to two years in prison, a fine, or both on conviction on indictment (section 240). Section 238 gives a defence where the omission was due to another person's act, omission or information, among other causes, the trader took all reasonable precautions and exercised all due diligence, and notice was given under section 238(4).
The Act has no list specific to homes, as MHCLG's October 2025 consultation says, but section 230 names the main characteristics and total price for any invitation to purchase. The earlier rule, regulation 6 of the Consumer Protection from Unfair Trading Regulations 2008, was revoked on 6 April 2025. The Law Society says the 2024 Act has materially the same provisions.
What do Parts A, B and C say about property listings?
NTS's Estate and Letting Agency Team published a Part A summary in July 2022 and Parts B and C on 30 November 2023, to help agents meet obligations they already have. Part A is information "always considered material", Part B should be established for all properties, and Part C only needs establishing if the property is affected. The lists are examples.
The NTS guidance pages have changed. On 17 October 2026 the NTS web page for the guidance showed only a notice about sales packs, and the links to the full guidance PDFs redirected to it. Powys County Council's guidance page carries a general notice that all guidance is under review. The agents' quick guide (version 1.0, November 2023) and the full sales guidance are still online at The Property Institute, and the table follows them and NTS's 2023 announcement. Ask your agent which version they use.
| Part | What NTS lists | What you can gather |
|---|---|---|
| A: always | Asking price as a number. Council tax band. Tenure: freehold, leasehold, shared ownership or commonhold. For leasehold, ground rent, service charge and lease length. | The band from the Valuation Office. Your title number. For leasehold, the lease and recent ground rent and service charge papers. |
| B: every property | Property type. Main construction. Rooms, with measurements. Electricity, water, sewerage and heating. Broadband type and indicative speed. Mobile signal, including known problems. Parking. | A floor plan or room sizes. Supplier names and the heating system. Your broadband package. How parking works. |
| C: if affected | Building safety, such as unsafe cladding, asbestos or collapse risk. Restrictions: conservation area, listed status, tree preservation order. Rights and easements, such as public rights of way and shared drives. Flood and coastal erosion risk. Planning permission, for the property and nearby. Accessibility and adaptations. Coalfield or mining area. | Planning and building regulation papers for any work. Survey, asbestos or flood paperwork. Notices from the council or neighbours. Deeds that mention covenants or access. |
Where can you find the facts yourself?
- Council tax band: GOV.UK's Check your Council Tax band. GOV.UK says a band can change, for example when a previous owner made changes, and suggests asking the Valuation Office.
- Tenure and title: HM Land Registry's title register and plan. The title summary shows freehold or leasehold.
- Flood risk: GOV.UK's long-term flood risk service covers an area and does not tell you how likely an individual property is to flood. In 2024 Enfield Council called Edmonton the borough's highest flood risk area. Note any flooding you know of for the TA6.
- Broadband and mobile: Ofcom's coverage checker shows predicted speeds and says actual service at a property may differ.
What is your own duty when the solicitor sends questions?
Your solicitor will send the Law Society's TA6 form. Its 6th edition replaced the 4th and 5th for new transactions from 30 March 2026, and sellers can complete it before a buyer is found. The Law Society's TA6 page and explanatory notes say to:
- Answer truthfully, completely and as accurately as you can from your own knowledge. You are not expected to have legal or technical knowledge, but you need a reasonable basis for each answer.
- Say so if you do not know an answer. The TA6 page says a "not known" needs reasonable grounds behind it.
- Tell your solicitor immediately if anything you gave is wrong or has changed.
- Treat a yes or no as a statement the buyer may rely on. All sellers prepare and sign the form.
The 6th edition dropped the questions the 5th had added for NTS, including council tax, asking price, tenure, building safety and accessibility, so on our reading those reach buyers through your agent's listing. Tell your agent what you know. Whether you must mention something nobody asked about depends on the facts, so ask your solicitor.
What happens if the information is wrong?
The agent risks an offence under section 237. The Law Society says a buyer may be able to claim compensation after completion if you give misleading information. Section 2(1) of the Misrepresentation Act 1967 makes a person who misrepresents liable in damages unless they prove they had reasonable ground to believe, and did believe, the facts were true.
Section 239 is a separate route. If a trader's offence, or one the trader would have committed but for the section 238 defence, is due to another person's act or omission, that person commits it too, "whether or not" they are a trader. On our reading that could reach a seller who gives an agent false facts. The Act does not say how it applies to private sellers, so take advice if you are unsure what to tell your agent.
What has changed in 2026, and what is still to come?
| Date | What | Status |
|---|---|---|
| 6 April 2025 | Section 227 and the 2024 Act's unfair commercial practices rules start; the 2008 Regulations are revoked | In force |
| 19 June 2026 | MHCLG roadmap: legislation for sales packs before listing, plus guidance and a standard form for gathering material information | Announced, not law |
| Later in 2026 | MHCLG's non-statutory material information guidance | Promised; not on GOV.UK when we searched on 17 October 2026 |
What should you do before you list?
- Instruct a conveyancer early. The Law Society encourages this, ideally before marketing.
- Download your title register and check the tenure, rights and restrictions it shows.
- Check your council tax band and tell your agent about any extension.
- Gather planning and building regulation papers, guarantees and any survey or flood paperwork, and ask your agent to arrange an EPC.
- Complete the TA6 early and keep copies of what you relied on.
- Tell your agent about anything that could change a buyer's mind, good or bad. NTS says material information should not be left out because it may deter interest. Check the agent's draft particulars and correct anything wrong before they go live.
Our legal paperwork guide lists the documents. A flat brings extra paperwork: see selling a leasehold flat. If you are thinking of selling in Edmonton or nearby, you can book a free sales valuation and ask what an agent will need from you.
Questions readers ask
What must an estate agent disclose when selling a house?
The law, section 227 of the Digital Markets, Competition and Consumers Act 2024, says an agent must not omit material information, meaning what an average buyer needs to make an informed decision. It has no list specific to homes. National Trading Standards guidance gives examples: price, council tax band and tenure always, then property basics and utilities, then issues such as flood risk where they apply.
Is the National Trading Standards material information guidance law?
No. It is guidance that sorts examples into Parts A, B and C to help agents meet their legal duty. The duty itself is in the 2024 Act, in force since 6 April 2025. Only a court can say what the law requires in a particular case, and the government has said it will publish its own non-statutory guidance later in 2026.
Do sellers have to tell buyers about problems with a property?
Your solicitor will send a property information form (TA6). The Law Society says to answer truthfully, completely and as accurately as you can, to say so if you do not know, and to tell your solicitor at once if an answer is wrong or changes. Whether you must mention something nobody asked about depends on the facts, so ask your solicitor.
What happens if information in a listing or form is wrong?
An agent who omits material information can commit an offence under the 2024 Act, with a defence if they prove the omission was due to something like another person’s information and that they took all reasonable precautions. The Law Society says a buyer may claim compensation after completion if a seller gives misleading information. A buyer who relies on a false statement may also have a claim under the Misrepresentation Act 1967.
Sources
- legislation.gov.uk, Digital Markets, Competition and Consumers Act 2024: section 227 (in force 6 April 2025 by S.I. 2025/272), 225, 230, 237, 238, 239 and 240, read on 17 October 2026.
- legislation.gov.uk, Consumer Protection from Unfair Trading Regulations 2008, regulation 6 (revoked) and Misrepresentation Act 1967, section 2, read on 17 October 2026.
- National Trading Standards, Full material information guidance published, 30 November 2023.
- National Trading Standards Estate and Letting Agency Team, Guide for Property Agents, version 1.0, November 2023, and Part A summary, July 2022.
- National Trading Standards, Material information page, and Powys County Council, Our guidance, read on 17 October 2026.
- GOV.UK (MHCLG), Home buying and selling reform roadmap, 19 June 2026, and Material information in property listings consultation, opened 6 October 2025.
- The Law Society, TA6 Property information form (6th edition), 4 February 2026, and explanatory notes, 13 October 2025.
- GOV.UK, How Council Tax works, updated 5 February 2025, Get information about property and land and long term flood risk.
- Enfield Council, Flood awareness (Edmonton), April to May 2024, and Ofcom, Mobile and broadband checker, read on 17 October 2026.
