Compliance guide for real estate professionals
Estate agents and letting agents in England must comply with the Estate Agents Act 1979 (estate agents only), the Digital Markets, Competition and Consumers Act 2024 (DMCC Act), and the Committee of Advertising Practice (CAP) Code. Additionally, all residential estate agents must belong to a redress scheme under the Consumers, Estate Agents and Redress Act 2007, and letting agents must belong to a redress scheme under the Redress Schemes for Lettings Agency Work and Property Management Work. Both estate agents and letting agents may join The Property Ombudsman (TPO) or the Property Redress Scheme (PRS), and must comply with the applicable Code of Practice.
The Competition and Markets Authority (CMA) and local Trading Standards authorities enforce the DMCC Act, which makes misleading commercial practices, including property marketing, a criminal offence, punishable by a fine and/or up to two years imprisonment.
The National Trading Standards Estate and Letting Agency Team (NTSELAT) enforces the Estate Agents Act 1979, which provides the general regulatory framework for estate agents. While the Act does not specifically address virtual staging, convictions for breaches of the DMCC Act can serve as a "trigger offence" under the Estate Agents Act 1979, allowing NTSELAT to issue warning orders or prohibition orders banning estate agents from practice.
The Advertising Standards Authority (ASA) enforces the CAP Code, which requires all marketing materials to be legal, decent, honest and truthful. While the ASA cannot impose criminal penalties, they can refer non-compliant advertisers to Trading Standards for prosecution under the DMCC Act.
The Property Ombudsman Code of Practice for Residential Estate Agents and Code of Practice for Residential Letting Agents require all statements about a property, including oral, pictorial, and written, are accurate and not misleading. These codes currently reference the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), which were replaced by the DMCC Act on April 6, 2025.
The PRS does not have a formal published Code of Practice like TPO, but members must still comply with all relevant consumer protection legislation, including the DMCC Act.
Misleading property marketing materials can result in criminal prosecution under the DMCC Act, including a fine and/or up to 2 years imprisonment. Convictions can lead to NTSELAT prohibiting estate agents from practising.
The DMCC Act and 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.
Transparency in property marketing is essential under the DMCC Act and redress scheme codes. Provide original, unedited photographs alongside any staged versions.
The DMCC Act prohibits creating a misleading impression about a property. Digitally altering structural elements such as walls, flooring, fixtures, windows, or gardens would likely constitute a misleading practice and should be avoided. Staging should be limited to items a viewer would understand are not part of the property sale: furniture, artwork, rugs, and decorative items.
Beyond image labelling, include a written statement in your property particulars: 'Some photographs in this marketing material have been virtually staged with digital furniture. Original photographs are available upon request.'
If you're a member of The Property Ombudsman (TPO) or Property Redress Scheme (PRS), you must comply with their requirements for honest marketing. Virtual staging complaints can result in investigations and sanctions. Review your scheme's guidance on digital imagery and ensure your practice aligns with their expectations.
"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"
© 2026 MappedBy Inc. All Rights Reserved