This information should not be relied upon as legal or professional advice. Read the disclaimer.

What is an estate agency? 

Many people who sell a property in the UK will use the marketing services of an estate agency. The Estate Agents Act 1979 defines estate agency work as:  

[…] introducing and/ or negotiating with people who want to buy or sell freehold or leasehold property (including commercial or agricultural property) where this is done in the course of a business pursuant to instructions from a client. 

Estate agents are not currently required by law to be licensed or qualified. However, many individual estate agents are professionally qualified and do belong to a professional body, such as the Royal Institution of Chartered Surveyors (RICS) or Propertymark.  

In Scotland, where property law is different, a solicitor will manage much of the property sale. In England, Wales, and Northern Ireland, unless an estate agent is also a qualified chartered surveyor, they will liaise with other professional bodies. 

Relevant legislation 

Estate agents are principally regulated by the Estate Agents Act 1979 (EEA 1979). Its primary aim is to ensure that estate agents work in the best interests of their clients, and that both buyers and sellers are treated “honestly, fairly and promptly”. To this end, the act sets out minimum standards of behaviour across the profession.  

Specifically, the EAA 1979 covers:  

  • duties that estate agents owe to clients and third parties (such as the passing on of offers, handling money and giving details of charges and terms of business)  
  • providing information to clients, declaring a personal interest in a transaction, handling negotiations (including which records must be kept of offers received) 
  • insurance that must be taken out to cover liabilities arising out of estate agency business.  

In addition, under the Consumers, Estate Agents and Redress Act 2007, all estate agents who engage in residential work must belong to an approved redress scheme. There are two redress schemes: The Property Ombudsman (TPO) scheme and the Property Redress Scheme. 

Part 4 of the Digital Markets, Competition and Markets Act 2024 (DMCCA 2024) has replaced the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) in respect of consumer contracts made after on or after 6 April 2025. It protects consumers from unfair or misleading trading practices, misleading omissions and aggressive sales tactics. However, the CPUTR 2008 still applies to any conduct that occurred before this date.     

Finally, estate agents must comply with the Money Laundering Regulations 2007. The aim of the regulations is to detect, deter and disrupt financial crime and terrorist financing by reducing the possibility of legitimate businesses being used for money laundering. Anyone who engages in estate agency work within the meaning of section 1 of the EAA 1979 must comply with the regulations (including internet property retailers).  

In practice, this means that estate agents must put in place procedures to anticipate and prevent money laundering, and to verify their client’s identity before entering into a business relationship with them. In addition, estate agents must keep proper written records of transactions.  

All our acts outlined above apply across the UK. 

Who regulates estate agents? 

The remit of the National Trading Standards Estate Agency Team (NTSEAT) is to protect consumers and businesses by enforcing the EAA 1979. The team, part of of Powys County Council, will assess whether an individual or business in any part of the UK is fit to carry out estate agency work within the terms of the EEA 1979.  

Specifically, the NTSEAT is responsible for: 

  • issuing individual warning or banning orders to estate agents who do not comply with the EAA 1979 
  • maintaining a public register of such warning or banning orders 
  • approving and monitoring consumer redress schemes 
  • providing specific advice and guidance to consumers and businesses about their rights and obligations under the EAA 1979 

When investigating an estate agent, the NTSELAT can require anyone (including clients) to give information or produce documents. The EAA 1979 empowers the NTSELAT to issue warning or prohibition notices against those persons whom it considers to be unfit to carry on estate agency work. An estate agent shown to have breached certain provisions of the act, and/or to have been convicted of certain criminal offences (such as fraud or other serious dishonesty offences) may be banned from continuing in estate agency work.  

How to complain about an estate agency? 

If a consumer wishes to make a formal complaint, they must first contact the estate agency in question.  

If the consumer remains dissatisfied, they may then contact the relevant redress scheme – either The Property Ombudsman (TPO) or the Property Redress Scheme (PRS). It should be apparent from the estate agency’s website which redress scheme they belong to. Each scheme provides redress, where appropriate, to consumers where complaints are considered on a case-by-case basis. They offer a mediation service to help resolve complaints.  

However, neither the TOP nor the PRS are regulators. They do not have the authority to take regulatory or legal action against an agent, impose fines or dictate the way agents conduct their business.      

The following links provide information on the kinds of complaints which can and cannot be considered by each redress scheme:  

Where to go for consumer advice? 

Further reading

Commons library briefing, Regulation of estate agents (PDF).  

Commons library briefing, Legal help: where to go and how to pay (PDF).  

Disclaimer

The Commons Library does not intend the information in our research publications and briefings to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing ‘Legal help: where to go and how to pay’ for further information about sources of legal advice and help. This information is provided subject to the conditions of the Open Parliament Licence.