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
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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.
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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.
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Hold employers' liability insurance
At least £5 million cover from an authorised insurer if you employ anyone.
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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, with equivalent rules in Northern Ireland).
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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)
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Register with HMRC for AML supervision
Before trading, regardless of transaction value. Carry out customer due diligence and appoint a nominated officer. UK-wide.
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Join a redress scheme
The Property Ombudsman or the Property Redress Scheme. UK-wide for estate agency work under the Estate Agents (Redress Scheme) Order 2008. Trading without membership is a ground for a prohibition or warning order under the Estate Agents Act 1979.
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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.
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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
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Join a Client Money Protection scheme
Before you hold any client money, if you operate in England. Display your membership certificate.
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Join a redress scheme
Letting and property-management agents in England must belong to an approved redress scheme. The enforcement authority can impose a penalty of up to £5,000 for carrying out that work without membership.
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Publish your fees
Display a full tariff of fees, your CMP status and your redress scheme at premises and online (England and Wales).
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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, Discrimination etc.) (Wales) Act 2019.
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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
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Arrange an annual gas safety check
Gas Safe engineer. Record to tenants within 28 days. Great Britain (equivalent rules in Northern Ireland).
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Inspect the electrics
EICR at least every 5 years in England. Repairing standard in Scotland. Renting Homes fitness regulations in Wales.
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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.
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Make sure the home is fit to live in
Fit for human habitation throughout the tenancy (England, with an equivalent in Wales under Renting Homes).
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Protect the deposit
In an approved scheme — 30 days (England and Wales), 30 working days (Scotland), 28 days (Northern Ireland) — and serve prescribed information.
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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.
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License an HMO if required
In England, a mandatory licence is needed for 5+ occupants in 2+ households, whatever the number of storeys. In Wales the same test applies but only where the property is also 3 storeys or more. All HMOs are licensable in Scotland.
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Carry out Right to Rent checks
England only — not commenced in Scotland, Wales or Northern Ireland.
Section 5 — Social housing providers
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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
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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.
Legal basis
Primary legislation and key regulations
Official guidance
Regulator of Social Housing (opens in a new tab)
RSH
Estate agents: your responsibilities (GOV.UK) (opens in a new tab)
GOV.UK
Renting out a property: landlord responsibilities (GOV.UK) (opens in a new tab)
HMRC
Developing a tourist accommodation registration scheme in England (opens in a new tab)
DCMS
Fire safety risk assessment - sleeping accommodation (opens in a new tab)
Publication · Home Office
HMO licensing and standards (opens in a new tab)
GOV.UK