Who enforces Material Information rules?

Last updated: 8 September 2026

Material Information rules in the UK are enforced by the Competition and Markets Authority, which since 6 April 2025 has been able to decide that a business has broken consumer law and impose a fine without going to court.  Local Trading Standards and the National Trading Standards Estate and Letting Agency Team also retain enforcement powers.  In practice that means an estate agent can now be investigated by more than one body, and the division of labour between them has not yet been spelled out.

What changed on 6 April 2025

For most of the past two decades, enforcement of consumer law against estate agents was a Trading Standards matter and it ran through the courts.  That was slow, it was expensive for the enforcer, and it meant most breaches were dealt with by correspondence rather than penalty.

The Digital Markets, Competition and Consumers Act 2024 changed the mechanism rather than the duty.  Its consumer protection provisions came into force on 6 April 2025 and gave the CMA a direct enforcement regime.  The CMA can now investigate, decide that consumer law has been breached, impose a financial penalty and require redress for affected consumers, all without a court hearing.

The obligation itself is older than that.  If a fact would likely influence the average consumer’s decision, it has to be disclosed.  What is new is that the body assessing whether you disclosed it can fine you directly.

What the CMA can actually do

The penalties are set at a level intended to be noticed.  A business can be fined up to 10 per cent of global annual turnover or £300,000, whichever is greater.  Directors and senior individuals who were party to a breach face personal fines of up to £300,000.  Criminal sanctions remain available for the most serious or fraudulent conduct.

The CMA has already shown it will use the powers.  In April 2026 it imposed its first financial penalty under the new regime, fining the AA and BSM driving schools £4.2 million over booking fees that were not shown upfront.  The case had nothing to do with property, but two things in it should hold an agent’s attention.  The conduct was a pricing omission rather than an active deception, and the time from opening the investigation to imposing the fine was measured in months.

Where Trading Standards still fits

This is the part most commentary skips.

The CMA taking direct powers did not remove anyone else’s.  National Trading Standards and local Trading Standards teams have confirmed they still hold powers to enforce consumer protection legislation, and prosecutions may be brought by the CMA, by Trading Standards services, or in Northern Ireland by the Department for the Economy.  Propertymark has publicly called for the role of each authority to be clearly defined and separated, which tells you it is not yet.

For an agent, the practical reading is straightforward.  Assume you are answerable to more than one body, and do not assume a quiet response from one means the matter is closed.

What is not yet settled

There is a gap in the rules and it is worth understanding.

NTSELAT withdrew its Material Information Guidance on 9 May 2025, which removed the list of what to disclose without removing the duty to disclose.  MHCLG then consulted on replacement guidance between 6 October and 29 December 2025.  In June 2026 the government published its Home Buying and Selling Reform Roadmap, confirming that further guidance on material information will follow later in 2026 and that sellers and agents will be expected to prepare a sales pack before a property is listed.

So the guidance is being written by the Ministry of Housing, Communities and Local Government, while the enforcement sits with the CMA.  Those are two different bodies and it is a common point of confusion.  Until the replacement is published there is no official list of what must appear in a listing.  The duty to disclose is unchanged.  The checklist that told agents how to meet it is not there.

What this means for an agent this week

The standard applied under the DMCC Act is whether a trader took reasonable steps.  That is a question about process rather than about any individual property, and it is answered by evidence: where the information came from, when it was obtained, and what was done when a seller could not or would not supply something.

An agent who gathers and verifies at instruction has that record.  An agent who fills the gaps after an offer has a listing that was published incomplete, and the file shows it.

Our own view is that continuing to work to Parts A, B and C is the most practical response while the replacement is drafted.  That is a judgement rather than a rule, and your compliance adviser may reach a different one.

Frequently asked questions

Who enforces Material Information rules in the UK?

The Competition and Markets Authority holds direct enforcement powers under the DMCC Act 2024 and can impose fines without court proceedings.  Local Trading Standards and National Trading Standards also retain enforcement powers, and the boundary between them has not been formally defined.

Can the CMA fine an estate agent without going to court?

Yes.  Since 6 April 2025 the CMA can decide a breach has occurred, impose a penalty and require redress directly.  Its decisions are subject to appeal, but the process no longer starts in a courtroom.

How much can an estate agent be fined for a Material Information breach?

Up to 10 per cent of global annual turnover or £300,000, whichever is greater.  Individual directors face personal fines of up to £300,000.

Is NTSELAT guidance still in force?

No.  It was formally withdrawn on 9 May 2025.  The duty to disclose survives it, and replacement guidance from MHCLG is expected later in 2026.

Get ahead of the question

The agents who will find the new guidance easy are the ones already collecting verified information at the point of instruction rather than chasing it after an offer.

Snapshots run from an agent account, which we set up for your branch.  Get in touch and we will have you running your first Snapshot on a live valuation, or read more about hop Snapshots first.

This article is general information about the regulatory position and is not legal advice.