Compliance guide for real estate professionals
England is regulated by Trading Standards and the National Trading Standards Estate and Letting Agency Team (NTSELAT). The Consumer Protection from Unfair Trading Regulations 2008 makes misleading property marketing a criminal offence. The Advertising Standards Authority (ASA) enforces the CAP Code for marketing materials.
Criminal prosecution under CPRs: unlimited fines and up to 2 years imprisonment. Civil enforcement orders. Estate agents can be prohibited from practising under Estate Agents Act 1979.
The CPRs and ASA CAP Code require that marketing materials not mislead consumers. Add clear labels such as 'Virtually Staged' or 'Digitally Enhanced Image' to each modified photograph. The label should be visible at all sizes the image might be displayed—on Rightmove, Zoopla, and printed particulars.
NTSELAT expects transparency in property marketing. Provide original, unedited photographs alongside any staged versions. On property portals, use the gallery function to create separate sections for 'Current Condition' and 'Virtually Staged' images.
The CPRs prohibit creating a false impression about a product (including property). Never digitally alter walls, flooring, fixtures, windows, or gardens. Staging should be limited to items a viewer would understand are not part of the sale: furniture, artwork, rugs, and decorative items.
Beyond image labelling, include a written statement in your property particulars (the printed brochure and online description): 'Some photographs in this marketing material have been virtually staged with digital furniture. Original photographs are available upon request.'
If you're a TPO member, their Code of Practice requires honest marketing. Virtual staging complaints can result in TPO investigations and sanctions. Review TPO guidance on digital imagery and ensure your practice aligns with their expectations.
Unlike some jurisdictions where staging violations are merely civil matters, the CPRs make misleading marketing a criminal offence. Unlimited fines and up to 2 years imprisonment are possible for serious breaches. This isn't just about ethics—it's about criminal law compliance.
The ASA ruled against an estate agent for using digitally enhanced images that misrepresented the size and condition of properties without adequate disclosure.
Key Takeaway: All digitally altered property images must be clearly labelled to avoid misleading consumers.
"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"
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