EPC reforms designed to underpin net zero journey
Energy Performance Certificates (EPCs) in Scotland are to be revised and updated to give consumers a clearer picture of their home’s energy performance and link better with the drive to cut emissions from buildings. The proposed changes include a new rating system with clearer information on the fabric energy efficiency of a property, the emissions, efficiency and running costs of its heating system, and the cost of energy to run the home.
New fire safety guidance offers support for managing agents
The UK Government has published a new guide to help make small blocks of flats in England safer from fire. It has practical advice for agents, building managers and owners on improving fire safety in blocks of up to three storeys containing up to six flats and includes new legal requirements introduced through Section 156 of the Building Safety Act 2022.
AML registration failures place hundreds of agents and auctioneers in jeopardy
The most recent compliance and registration penalties published by HM Revenue and Customs reveal 144 agents sanctioned between October and December 2023. Most fines were for failing to register at the required time, and the amounts ranged from £1,250 to £52,000. However, the largest fine on the list is for a High Value Dealer ordered to pay £175,701 for multiple failures in carrying out risk assessments, having the correct policies, controls and procedures, appropriate staff training, conducting due diligence, and record keeping.
Propertymark members should be exempt from advertising board restrictions
In our response to Westminster City Council’s consultation on the renewal and potential expansion of a requirement for planning permission to erect sales and lettings boards, we argue that our members’ high professional standards mean they should be left out of the plans. Propertymark recognises the need to protect Westminster’s aesthetic appeal but cautions against measures that could disproportionately impact responsible property agents.
Uninhabitable properties: HMRC urges caution over SDLT claims
HM Revenue and Customs (HMRC) has seen a spike in Stamp Duty Land Tax (SDLT) repayment requests where it’s claimed a property is not suitable for use (NSFU) as a dwelling so the lower, non-residential rates of SDLT apply. However, over 95% of NSFU claims are found to fall well below the required threshold, leaving property owners at risk of penalties.
What the Employment Rights Bill could mean for property agents
The UK Government introduced the Bill to Parliament on 10 October 2024, proposing significant changes to workers' rights and employer obligations across everything from sick pay to trade union membership. Described as the biggest upgrade to employment rights for a generation, the legislation aims to help create secure economic growth, provide better support for businesses, and raise living standards across the UK.
Economic Crime Act: new guidance for agents on information sharing
The Department for Business and Trade (DBT) has published in-depth advice for anti-money laundering (AML) regulated firms to explain the legal protections around sharing client data. The Economic Crime and Corporate Transparency (ECCT) Act 2023 introduced provisions that allow businesses to tackle AML by voluntarily sharing and receiving information, however, agents have raised concerns that they may be liable for breaches of confidentiality.
Self-assessment tax returns up-to-date guidance
For many property agents, self-assessment tax returns are the norm. Created in 1996, self-assessment has streamlined tax collection for those with untaxed income who declare and pay tax on it and has evolved into an online mechanism for digital tax returns.
HM Land Registry announces first-in-a-decade fee increase for information services
From 9 December 2024, fees will double for accessing and obtaining copies of title plans and registers – the first change to the cost in more than 10 years – and customers with automated systems are advised to make the necessary changes to their systems before the implementation date. According to HMLR, even with this increase, most customers will pay less than in 1992.
Fact Sheet: Town and Country Planning (Control of Advertisements) Regulations 1992
The Town and Country Planning (Control of Advertisements) Regulations 1992 apply to Wales and some aspects of the regulations were updated by the Town and Country Planning (Control of Advertisements) (Amendment) (Wales) Regulations 2017.
Quality standards must underpin accelerated housebuilding
The Ministry of Housing, Communities and Local Government has launched a new initiative to speed up the completion of stalled housing developments across England, estimating it could deliver 300,000 new homes. The announcement comes hot on the heels of a warning from the New Homes Ombudsman that only 55% of new builds are currently covered by its service.
Failure to display Client Money Protection certificates can lead to fines
Property agents must obtain a certificate confirming membership of an approved Client Money Protection (CMP) scheme and meet specific in-branch and online display requirements to comply with the law. Breaches can result in civil penalties of up to £5,000.
Councils warn agents not to disregard property board rules
Complaints from residents and businesses have prompted authorities in Warwickshire to remind sales and letting agents that they must comply with the law on advertising boards, or they could be penalised by the local planning authority. The consequences of illegal or poorly maintained boards can include injury or nuisance to the public, damage to the reputation of property businesses, and potential fines of up to £2,500 per board.
Anti-Money Laundering registration – consequences of non-compliance
In April 2024, HMRC announced fines of over £1.6 million for agents found to have committed various breaches, and we are concerned that agents, including some Propertymark members, may be incorrectly applying, failing to apply or not maintaining an accurate and up-to-date registration with HMRC.
A positive HMRC Self-Assessment evolution
For many self-employed property agents, self-assessment is how they declare their tax liabilities. However, self-assessment has only been in place since 1996 and was created to streamline the tax collection process for those with untaxed income who declare and pay tax on it. With the move to an online service, HMRC went from zero to 97% of Self-assessment filers submitting their tax returns online.
Ombudsman raises concerns about rise in conditional selling
In its 2023 Annual Review, The Property Ombudsman (TPO) reported that it resolved 1,663 sales disputes last year, with the main concerns arising from instructions and fees, the under-offer period, and marketing and advertising. Issues of conditional selling and buyer reservation fees were highlighted as key concerns.