The CMA now holds direct enforcement powers under the Act, including the ability to impose fines or take action without a court process — raising the stakes for non-compliance. While Trading Standards’ role has not formally ended, its enforcement powers remain limited compared to those of the CMA.
Agents must also be aware that the DMCC Act only applies to commercial practices occurring from 6 April 2025 onwards. For actions prior to this date, the CPRs may still be enforced.
Propertymark’s response
We have consistently called for clear, enforceable standards on material information to promote transparency and trust in the property sector. We are actively engaging with the CMA and relevant stakeholders to ensure that future guidance reflects the practical realities faced by agents.
Our member FAQ on the DMCC Act outlines in plain language the obligations for property professionals. Members can also access our compliance resources and helpline for support in navigating the transition.
FAQ: Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025
The Digital Markets, Competition and Consumers Act (DMCC Act) was enacted on 24 May 2024 and provides regulation of competition in digital markets, amending the Competition Act 1998 and the Enterprise Act 2002 and encompassing the protection of consumer rights and other related rights.
What’s changed?
The NTSELAT’s guidance — introduced in Parts A, B and C to clarify what “material information” should be disclosed when marketing a property — has been withdrawn from official channels. Part 4, Chapter 1 of the DMCC Act has now come into force, repealing the CPRs, the original foundation on which NTSELAT’s material information framework was built.
While the DMCC Act also recognises “material information” as key information a consumer needs to make an informed transactional decision, the legal threshold for compliance has changed: under the new rules, omitting this information is now automatically considered an unfair commercial practice, regardless of whether the omission affects the consumer’s decision.
What does this mean for agents?
Agents must now ensure they review all commercial practices to comply with the DMCC Act and new guidance from the CMA, which now leads enforcement. Areas affected include:
Advertising and material information: The new rules require clear and complete presentation of key facts. While no sector-specific guidance has been issued yet, the burden is now on agents to assess what the average consumer needs to know to make a decision.
Pricing transparency: Drip pricing is prohibited. Agents must present the full price including mandatory charges upfront and clearly separate any optional costs.
Reviews and endorsements: Agents must take steps to prevent fake or incentivised reviews, publish a clear policy for review handling, and remove or report misleading content.
Subscription contracts: Where agents offer services via recurring payments, contracts must include key information, explicit consent for charges, and biannual renewal reminders.
Importantly, the new rules apply regardless of whether the transaction takes place online or offline. The CMA has so far published the following guidance:
General guidance on unfair commercial practices →
What businesses need to know about unfair commercial practices →
The CMA's approach to direct consumer protection →
Actions to take now
We strongly advise all members to:
- Review marketing materials, listings, and property adverts.
- Audit all consumer-facing communications to ensure clarity and fairness.
- Check CRM systems and workflows for compliance with new subscription and pricing rules.
- Implement and publish fake review prevention policies.
While we continue to push for formal sector-specific guidance from the CMA, the principles of fairness, transparency, and accessibility should guide every commercial interaction.
We will continue to keep members informed of developments. If you have any questions or comments, please don’t hesitate to contact us via [email protected].
It is essential that all agents are aware of this crucial announcement and how it fundamentally affects their business and operations.
While it’s right to consider there will always be progression within the sector, there has been much time invested in ensuring compliance across the industry regarding material information, for it to become superseded by new legislation in less than two years and with limited sector guidance for both consumers and practitioners to rely on, this could cause considerable confusion.
