Construction & Property

Run a compliant real estate business

Whether you are an estate agent, a lettings agent, a landlord or a housing provider, the same core duties apply: protect the personal data you hold, do not discriminate, insure your employees, manage health and safety, and keep your premises and any common parts fire-safe. Put these in place before you take on staff, clients or tenants.

UK-wide
On this page
UK-wide

Related guides in Health & Safety

Every real estate business — from a one-person lettings agency to a large managing agent or housing provider — has a set of duties that do not depend on the kind of property work it does. Put these in place first, then add the rules for your specific activity.

Protect the personal data you hold

Agents and landlords process a great deal of personal data — applicant references, tenancy and sales files, Right to Rent copies, guarantor details. You must handle it under the UK GDPR and the Data Protection Act 2018, and unless you are exempt you must pay the ICO data protection fee. These rules apply across the whole UK.

Do not discriminate

You must not discriminate against applicants, tenants or buyers because of a protected characteristic when you provide a service or dispose of premises. Blanket "No DSS" lettings policies have been held to be unlawful indirect discrimination. The Equality Act 2010 applies in England, Scotland and Wales; Northern Ireland has its own equality law enforced by the Equality Commission for Northern Ireland.

Insure your employees

If you employ anyone — negotiators, property managers, administrative staff — you must hold employers' liability insurance of at least £5 million from an authorised insurer. This is a duty in Great Britain; equivalent rules apply in Northern Ireland.

Manage health and safety

You owe a general duty to protect your employees and anyone else affected by your business — staff in the office, members of the public at viewings, contractors and visitors to common parts you manage. The Health and Safety at Work etc. Act 1974 applies in Great Britain; Northern Ireland has its own corresponding health and safety order.

Keep premises and common parts fire-safe

The Regulatory Reform (Fire Safety) Order 2005 applies to your commercial premises and to the common parts of blocks of flats, where the freeholder or managing agent is usually the "responsible person" who must carry out and maintain a fire risk assessment. The Fire Safety Act 2021 and the Fire Safety (England) Regulations 2022 added duties for multi-occupied residential buildings. This is a devolved area: the Order covers England and Wales, with the Fire (Scotland) Act 2005 in Scotland and the Fire and Rescue Services (Northern Ireland) Order 2006 in Northern Ireland.

Next steps

With the shared duties in place, follow the guide for what your business actually does:

Then confirm everything with the real estate compliance checklist.