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Who regulates estate agents?

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  (EAA 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 EAA 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 approved redress schemes administered by The Property Ombudsman and Property Redress. 

Part 4 of the Digital Markets, Competition and Consumers Act 2024 has replaced the Consumer Protection from Unfair Trading Regulations 2008 (CPUTR 2008) in respect of consumer contracts made on or after 6 April 2025. The provisions contained in Part 4 protect consumers from unfair or misleading trading practices, misleading omissions and aggressive sales tactics. The CPUTR 2008 continue to apply to contracts made before 6 April 2025.     

Estate agents must also 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 2007 regulations (including internet property retailers).  

In practice, 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. They must also keep proper written records of transactions.  

All the 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 EAA 1979.  

Specifically, the NTSEAT is responsible for: 

• issuing individual warnings or prohibition notices against estate agents who do not comply with the EAA 1979 
• maintaining a public register of such warning or prohition notices 
• 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 NTSEAT can require anyone (including clients) to produce information or documents. An estate agent shown to have breached certain provisions of the EAA 1979, 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 or Property Redress. It should be apparent from the estate agency’s website which redress scheme they belong to. Each scheme offers a mediation service to help resolve complaints.   

Where to go for consumer advice? 

• Information is available on The Property Ombudsman and Property Redress websites. 
• Citizens Advice has a free consumer service helpline.  

Further reading

Library briefing, Regulation of estate agents (pdf).   

Lbrary briefing, Legal help: where to go and how to pay (pdf).