Construction & Property

Run an estate agency: rules for selling property

Estate agents who act for buyers and sellers must register with HMRC for anti-money-laundering supervision before they trade, join a government- approved redress scheme, follow the Estate Agents Act conduct duties, and make sure every property they market has a valid EPC. These duties apply across the UK; the EPC rule applies in England and Wales.

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Estate agency work — acting for other people in the sale or purchase of property — is regulated to protect consumers and to keep criminal money out of the housing market. Complete the registrations below before you start trading, then follow the conduct duties on every instruction. If you also let or manage property, follow the lettings guide as well, and put the shared duties in place using Run a compliant real estate business.

1. Register with HMRC for anti-money-laundering supervision

Estate agency businesses must register with HMRC for AML supervision before they trade — unlike lettings agents, estate agents must register regardless of transaction value. You must carry out customer due diligence on both buyers and sellers and appoint a nominated officer. Trading without registration is a criminal offence. This applies across the UK.

2. Join a redress scheme

Anyone doing estate agency work must belong to a government-approved redress scheme — The Property Ombudsman or the Property Redress Scheme — so buyers and sellers can complain free of charge. This applies UK-wide to estate agents, and is enforced by the National Trading Standards Estate & Letting Agency Team through local Trading Standards.

3. Follow the Estate Agents Act conduct duties

The Estate Agents Act 1979 requires you to disclose your fees and any personal interest in a transaction, hold clients' money in a separate client account, and avoid "undesirable practices". You must also disclose material information about a property under the consumer protection rules. Trading Standards, through NTSELAT, can make a prohibition order banning an unfit person from estate agency work, or issue a warning order.

4. Make sure every property has a valid EPC

You must not market a property for sale unless a valid Energy Performance Certificate has been commissioned, and the energy rating must be shown in your advertising. The seller is responsible for obtaining it, but the duty not to market without one falls on the agent. This applies in England and Wales; Scotland and Northern Ireland have their own EPC regimes.

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If you also let or manage property

Estate agents who also carry out lettings or property management take on extra duties — client money protection, the letting agent redress scheme, fee transparency and the Tenant Fees Act ban. Follow Set up a property letting business for those requirements.

Confirm you are compliant

Work through the real estate compliance checklist to confirm every obligation that applies to your agency is in place.