What’s Happened?

National Trading Standards (NTS) has withdrawn its material information guidance for estate and letting agents, which previously helped professionals comply with the Consumer Protection from Unfair Trading Regulations 2008 (CPUTRs).

This coincides with the Digital Markets, Competition and Consumers Act 2024 (DMCC) coming into effect in 2025, replacing CPUTRs and shifting enforcement to the Competition and Markets Authority (CMA).

 What Are the Concerns?

Regulatory Confusion

• The Royal Institution of Chartered Surveyors (RICS) has withdrawn its own guidance based on the now-repealed legislation.

• RICS warns of “uncertainty” for professionals and consumers due to a lack of clear replacement rules.

• The CMA has issued new compliance guidance, but RICS says it’s vague, placing too much interpretive burden on businesses.

A Gap in Consumer Protection

• Sheila Kumar, CEO of the Council for Licensed Conveyancers, called the withdrawal “regrettable and a backward step.”

• She urges continued use of the previous NTS standards until new rules emerge.

• Both Kumar and RICS stress the need for cooperation between government and industry groups like the Home Buying and Selling Council to address the void.

 Industry Advice: Stay Transparent

Toby Martin, industry consultant, advises:

• Don’t relax standards—raise them.

• Always ask: “Could this information affect a buyer’s decision?” If yes, disclose it early and clearly.

• Treat transparency as a business asset, not just a legal requirement.

• “Doing things properly isn’t a burden—it’s a business advantage.”

 What Should Professionals Do Now?

• Continue to follow RICS professional standards and codes of conduct.

• Disclose material information that could impact decisions—even in the absence of formal guidance.

• Recommend that buyers commission an independent survey to protect their interests during this period of regulatory change.