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National Trading Standards releases Material Information Part B & C Guidance

about 1 year ago
National Trading Standards releases Material Information Part B & C Guidance

The National Trading Standards Estate and Letting Agency Team (NTSELAT) has released comprehensive new guidelines covering all three phases of the programme, which aims to improve and standardise disclosures in property listings, helping Landlords’ and agents to meet their legal obligations.

Jigsaw pieces being put together

Propertymark is part of the Material Information Project Steering Group and has been instrumental in shaping improvements as well as working hard to represent the views, experiences, and interests of our members throughout the development of the guidance.

Part A – information which is considered essential for all properties (announced February 2022) 

  • Council tax band or rate
  • Property price or rent
  • Tenure information (for sales)
  • Details of deposit payable (lettings) 

Part B – information that must be established for all properties

  • Physical characteristics of the property – property type and construction
  • Number and types of room – including room measurements
  • Utilities – how they are supplied
  • Parking

Part C – information that may or may not need to be established

These details must be included if the property is affected by the issue.

  • Building safety – e.g., unsafe cladding, asbestos, risk of collapse
  • Restrictions – e.g. conservation area, listed building status, tree preservation order
  • Rights and easements – e.g. public rights of way, shared drives
  • Flood risk
  • Coastal erosion risk
  • Planning permission – for the property itself and its immediate locality
  • Accessibility/adaptations – e.g. step-free access, wet room, essential living accommodation on entrance level
  • Coalfield or mining area

How the industry will be monitored

NTSELAT wants all material information to be mandatory on property listings now all three phases of the project are complete. Their research strongly suggests most agents will want to comply and will actively support the sector to understand and action the new guidance.  

Both estate and letting agents already have a legal obligation under the Consumer Protection from Unfair Trading Regulations 2008 not to omit material information from consumers, and failing to do this could lead to civil or criminal sanctions. Consumers will also have the option to raise a complaint with the redress scheme of the agent.

Source: Propertymark

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