Making sense of Material Information
On 6th April 2025, the Consumer Protection Regulations that required agents to collect and disclose material information about a property was replaced with the Digital Markets Competition and Consumers Act. The new act has moved the responsibility of enforcing the disclosure of material information from the National Trading Standards to the Competitions and Markets Authority as well as increased the consequences of non-compliance.
To help make sense of the changes we pulled together a panel of five agency experts to discuss the changes and material information in general. Those experts were:
- Toby Martin – Estate Agency Consultant
- Matt Baldock – Owner of Charles David Casson
- Sophie Lang – Director of Lang Llewellyn
- Ann Durrell – Managing Director of Maddox Noel Estate Agents
- Rowan Waller – Chief Scribe at the The Property Pen and ex estate agency owner
What is Material Information – a reminder
Under the Digital Markets, Competition and Consumers Act (DMCC Act), material information refers to any information a typical consumer needs to make an informed decision when buying, selling, or renting a property. This includes details that might affect their decision to proceed with a transaction or the terms on which they would be willing to do so.
The Act builds on the previous consumer protection laws, reinforcing that failing to provide material information or providing it in a misleading way is now a breach in itself, even if no harm occurs. That means agents must proactively disclose important facts about a property upfront, not just when asked or when a problem arises.
Material information typically includes things like:
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Tenure (freehold/leasehold) and lease length
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Ground rent and service charges
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Building safety issues or cladding
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Flood risks or restrictive covenants
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Whether planning permission has been granted
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Local connection requirements or occupancy restrictions
In short, if the information could reasonably impact a buyer or tenant’s decision, it’s material and under the DMCC Act, it must be disclosed.
The consequences of non compliance
Non-compliance with the consumer protection rules under Part 4 of the Digital Markets, Competition and Consumers Act 2024 comes with serious consequences, far beyond a slap on the wrist.
If you breach these new obligations (for example, by failing to provide material information), enforcement can now include civil penalties of up to £300,000 or 10% of your business’s turnover. In more serious cases, such as unfair trading practices, criminal sanctions can apply—including up to two years’ imprisonment, unlimited fines, or both.
The CMA doesn’t need to take you to court first—they can act directly. That’s why now is the time to get your house in order. This isn’t about red tape; it’s about protecting your business and your clients by getting things right, upfront.
