Construction & Property

Real estate compliance checklist

A confirmation checklist for real estate businesses. Work through the cross-cutting duties every property business shares, then the section for what you do — estate agency, lettings, landlording, social housing or a licensed venue. Several duties differ by nation, so check the rule for where you operate.

UK-wide
On this page
UK-wide

Related guides in General Compliance

Confirm the obligations that apply to your real estate business are in place. Start with section 1, which applies to everyone, then complete the section for what you do. Where a duty differs by nation, the item says so — check the position for where your business or property is.

Section 1 — Every real estate business

  1. 1

    Pay the ICO data protection fee

    Unless exempt, register and pay the ICO fee, and handle applicant, tenant and sales data under the UK GDPR. Applies UK-wide.

  2. 2

    Avoid discrimination

    Make sure your service, advertising and tenant-selection policies comply with the Equality Act 2010 (Great Britain) or Northern Ireland equality law. No blanket "No DSS" policies.

  3. 3

    Hold employers' liability insurance

    At least £5 million cover from an authorised insurer if you employ anyone.

  4. 4

    Manage health and safety

    Protect staff, clients at viewings and visitors to common parts under the Health and Safety at Work etc. Act 1974 (Great Britain; equivalent in Northern Ireland).

  5. 5

    Assess fire safety

    Carry out and maintain a fire risk assessment for your premises and any common parts you manage (Fire Safety Order in England and Wales; separate regimes in Scotland and Northern Ireland).

Section 2 — Estate agents (selling property)

  1. 1

    Register with HMRC for AML supervision

    Before trading, regardless of transaction value. Carry out customer due diligence and appoint a nominated officer. UK-wide.

  2. 2

    Join a redress scheme

    The Property Ombudsman or the Property Redress Scheme. UK-wide for estate agency work; up to £5,000 per non-compliant branch.

  3. 3

    Follow the Estate Agents Act conduct duties

    Disclose fees and any personal interest, hold client money in a separate account, and disclose material information about properties.

  4. 4

    Commission an EPC before marketing

    Do not market a property for sale without a valid EPC commissioned; show the rating in advertising. England and Wales.

Section 3 — Letting and managing agents

  1. 1

    Join a Client Money Protection scheme

    Before you hold any client money, if you operate in England. Display your membership certificate.

  2. 2

    Join a redress scheme

    Letting and property-management agents in England must belong to an approved redress scheme.

  3. 3

    Publish your fees

    Display a full tariff of fees, your CMP status and your redress scheme at premises and online (England and Wales).

  4. 4

    Follow the Tenant Fees Act ban

    Charge only permitted payments to tenants. England under the Tenant Fees Act 2019; Wales under the Renting Homes (Fees etc.) (Wales) Act 2019.

  5. 5

    Register with HMRC for AML if high-value

    Required where you handle lettings of €10,000 or more per month per property.

Section 4 — Private residential landlords

  1. 1

    Arrange an annual gas safety check

    Gas Safe engineer; record to tenants within 28 days. Great Britain (equivalent rules in Northern Ireland).

  2. 2

    Inspect the electrics

    EICR at least every 5 years in England; repairing standard in Scotland; Renting Homes fitness regulations in Wales.

  3. 3

    Fit smoke and CO alarms

    Smoke alarm on every storey used as living accommodation; CO alarm in any room with a fixed combustion appliance (other than a gas cooker); check at the start of each tenancy. The specific rule is set by the Smoke and Carbon Monoxide Alarm (England) Regulations 2015; Scotland, Wales and Northern Ireland set their own alarm standards.

  4. 4

    Make sure the home is fit to live in

    Fit for human habitation throughout the tenancy (England; equivalent in Wales under Renting Homes).

  5. 5

    Protect the deposit

    In an approved scheme — 30 days (England and Wales), 30 working days (Scotland), 28 days (Northern Ireland) — and serve prescribed information.

  6. 6

    Meet the minimum EPC rating

    At least E to let in England and Wales unless a valid exemption is registered. No minimum in Scotland at present.

  7. 7

    Licence an HMO if required

    Mandatory licence for 5+ occupants in 2+ households (England and Wales); all HMOs licensable in Scotland.

  8. 8

    Carry out Right to Rent checks

    England only — not commenced in Scotland, Wales or Northern Ireland.

Section 5 — Social housing providers

  1. 1

    Register with the Regulator of Social Housing

    Private providers of social housing in England; meet the economic and consumer standards. Scottish Housing Regulator and Welsh Government register elsewhere.

Section 6 — Commercial-venue landlords

  1. 1

    Get a premises licence

    If you sell alcohol or provide regulated entertainment from the property. Licensing Act 2003 in England and Wales; separate regimes in Scotland and Northern Ireland.

Related guides

The guides this checklist confirms.