Material information
after NTSELAT

The Digital Markets, Competition and Consumers Act 2024 received Royal Assent on 24 May 2024 and repealed the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) from 6 April 2025. The NTSELAT material information guidance was founded on the CPRs. Once the CPRs were repealed, NTSELAT withdrew its guidance on 8 May 2025 because it no longer had a statutory basis.

• DMCC Act 2024 received Royal Assent 24 May 2024
• CPRs 2008 repealed from 6 April 2025
• NTSELAT guidance withdrawn 8 May 2025
• CMA now holds enforcement powers as the primary enforcement authority
• CMA may act without requiring a court order

The obligation to disclose material information remains. It is now governed by s.21 of the DMCC Act 2024. The test is stricter than under the CPRs: omission of material information is automatically an unfair commercial practice regardless of its effect on any consumer's decision. The substance of Parts A, B, and C from the NTSELAT framework remains the reference point pending formal CMA guidance.

• Material information must appear in all invitations to purchase or let
• Accessible within one click on all online listings
• QR code required on all printed materials to link to online material information
• Parts A, B, and C substance unchanged pending CMA guidance
• Omission is automatically unfair — no need to prove consumer was misled

The DMCC Act 2024 introduced significant penalties for estate agents who fail to disclose material information. Penalties apply to both individuals and corporate entities from 6 April 2025.

• Individual: unlimited fine and/or up to two years' imprisonment on conviction
• Business: CMA fine up to £300,000 or 10% of global annual turnover — whichever is greater
• CMA may act without a court order
• Penalties apply to directors and senior managers individually, not only to the corporate entity
• No safe harbour for omission — the stricter test applies from 6 April 2025

EstateHQ tracks material information completion per property and flags incomplete records before listing. The following features are live in the current platform.

• Per-property material information completion percentage
• Incomplete properties flagged in the dashboard before listing
• Parts A, B, and C fields tracked per property
• Timestamped audit record for CMA inspection
• Linked to each property instruction record