Compliance guide for real estate professionals
NSW has not enacted the page's claimed 2025 virtual-staging law. The Residential Tenancies Amendment (Protection of Personal Information) Bill 2025 remains before the Legislative Council and its image provision concerns rental advertising that is reasonably likely to mislead or deceive. Existing NSW Fair Trading guidance is more restrictive: agents must not modify property photographs so they cease to truthfully and fairly represent the property, or change a property's appearance by digitally adding or removing features. Disclosure alone may not cure a misleading alteration, so agents should obtain guidance from NSW Fair Trading or their legal adviser before using virtual staging.
The proposed bill's penalties must not be presented as current law. Existing NSW property and consumer laws provide remedies and penalties depending on the contravention. For qualifying ACL false-or-misleading-representation provisions, current national maximums can reach A$100 million for corporations and A$2.5 million for individuals; these are not automatic penalties for every altered image.
NSW's existing guidance focuses on whether the photograph remains truthful and fair and says agents must not digitally add or remove property features. A clear label can reduce confusion but does not cure an otherwise misleading image.
Keep high-resolution original photographs in your records and make them available to prospective buyers upon request. Many agents now include a gallery section showing both staged and original versions side-by-side in their online listings.
Do not digitally add or remove property features, conceal undesirable characteristics, alter views or surroundings, or distort room dimensions.
Keep a record of which images were staged, what was added, and where disclosures were made (listing description, image watermarks, etc.). This documentation protects you if a complaint is lodged with NSW Fair Trading.
The Residential Tenancies Amendment Bill may change before enactment. Check its official status and final text before describing any proposed image disclosure as a legal requirement.
“Images have been virtually staged to illustrate the property's potential. Furniture and décor shown are digitally rendered and are not included with the property. Please refer to the original photographs for an accurate representation of the property's current condition.”
“This property features virtual staging to help you visualise its potential. The furniture shown is digitally added and not physically present. Book a viewing to see the actual space. #VirtualStaging #PropertyMarketing”
“This listing includes virtually staged photographs. Digital furniture and décor have been added to help you visualise the space. These items are not present in the physical property. Unstaged photographs are available upon request.”
“VIRTUALLY STAGED – Furniture shown is digitally rendered”
Official statutes, regulator guidance, and board or MLS materials were reviewed July 23, 2026. Board rules are not statewide law, and recommended practices are identified separately above. Verify current local requirements before publishing.
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