Material Information in Property Listings, What Estate Agents and Sellers Must Disclose

What Is Material Information in Property Listings?

**Material information** is any fact about a property that would influence a reasonable buyer's decision to view the property, make an offer, or agree on a price. Under the **Consumer Protection from Unfair Trading Regulations 2008 (CPRs)**, estate agents are legally required not to omit or hide material information from property listings.

Since 2022, **National Trading Standards Estate and Letting Agency Team (NTSELAT)** has published detailed guidance on what information must be included in property listings, broken into three parts: **A, B, and C**.

Part A, Mandatory for All Listings

Part A information must appear in every property listing. It is non-negotiable and applies regardless of property type:

• **Price**, the asking price (not a range; an actual figure)
• **Tenure**, freehold, leasehold, or shared ownership
• **Council tax band**, the band (A–H) for the property

If the tenure is **leasehold**, Part A must also include:

• The ground rent (current amount and whether it increases)
• The service charge (annual amount)
• The remaining lease term

Omitting Part A information from a listing puts an estate agent in breach of Trading Standards rules and exposes them to potential sanctions.

Part B, Physical Characteristics and Utilities

Part B information relates to the physical attributes of the property and its utilities. It must be included in listings where it is known or should reasonably be known:

• **Property type**, detached, semi-detached, terraced, flat, bungalow
• **Number of bedrooms**, including rooms where use as bedrooms may be limited
• **Number of bathrooms**, including WCs and en-suites
• **Parking**, garage, driveway, permit zone, no parking
• **Utilities**, electricity supply type, gas/LPG/oil/heat pump, water supply (mains/private), drainage (mains/private/combined)
• **Heating type**, central heating fuel type and approximate age if old
• **Broadband speed**, Ofcom estimated download speeds
• **Mobile coverage**, indoor voice and data availability

For **new builds**, Part B also includes:

• Construction materials
• Structural warranty details (e.g. NHBC Buildmark)
• Cladding system (particularly relevant for high-rise blocks)

Part C, Information That Must Be Investigated

Part C information is more complex, it must be established by reasonable investigation before it can be included in a listing. It is not sufficient for agents to simply ask sellers; they must check official sources where material information is involved.

Part C covers:

• **Flood risk**, Environment Agency flood zone classification (Zone 1, 2, or 3)
• **Coastal erosion**, where relevant for coastal properties
• **Planning restrictions**, conservation areas, listed building status, tree preservation orders, article 4 directions
• **Building safety**, for buildings over 11 metres, the status of any remediation works or relevant building assessment certificate
• **Unusual property arrangements**, flying freeholds, split titles, estate covenants, ransom strips
• **Rights of way and easements**, footpaths, shared driveways, access rights
• **Restrictions on use**, restrictions on holiday lets, business use, or short-term lettings
• **Radon**, where the property is in a radon-affected area
• **Historical contamination**, where there is a known risk

For **leasehold**, additional Part C information includes:

• Freeholder details and contact
• Managing agent details
• Any planned major works (section 20 notices)
• Reserve fund level
• Whether the building has cladding issues or is under a remediation plan

What Counts as Misrepresentation?

Omitting material information, not just providing false information, can constitute **misrepresentation** under the CPRs. If a buyer suffers loss because they were not told about a material fact (for example, that the property is in Flood Zone 3, or that ground rent doubles every 10 years), they may have a legal claim.

Estate agents should document when and how they verified Part C information. Sellers should be asked to confirm in writing that they have disclosed all material information they are aware of.

Why This Matters for Sellers

If you are selling a property, you should work with your estate agent to ensure that:

1. **All Part A information is correct**, especially tenure, ground rent, and service charge for leasehold

2. **Utilities and parking are accurately described**, buyers increasingly check broadband speeds and parking

3. **Flood risk is checked**, even if you have never flooded, the Environment Agency designation matters

4. **Conservation area and listed building status is confirmed**, check with the local council

5. **Any known building safety issues are disclosed**, particularly for flats in buildings over 11 metres

Under the Law Society's updated **TA6 Property Information Form** (mandatory from 30 March 2026), many of these same questions are asked of sellers formally during conveyancing. Completing a property logbook in advance makes it easier to answer the TA6 accurately.

How Property Passport UK Helps with Material Information

Property Passport UK provides verified data from official sources that directly supports material information requirements:

• **EPC rating**, sourced from the official EPC Register; valid for 10 years
• **Flood risk classification**, from the Environment Agency; Zone 1, 2, or 3
• **Tenure type**, from HM Land Registry; freehold or leasehold
• **Sold price history**, from HM Land Registry price paid data
• **Local authority**, for council tax band verification

By searching your property on Property Passport UK before listing, you can verify the official data that your estate agent and solicitor will need for both the listing and the TA6 form.

Summary

Material information requirements are not optional. Estate agents who fail to include required information face Trading Standards investigation and potential penalties. Sellers benefit from understanding these requirements early, it reduces delays, reduces the risk of a fall-through, and builds buyer confidence from the first moment a listing goes live.