Compliance guide for real estate professionals
Estate agents and letting agents in Scotland 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. Estate agents may join the Property Ombudsman (TPO) or the Property Redress Scheme (PRS), and must comply with the applicable Code of Practice. Letting agents may also voluntarily join TPO or PRS for additional dispute resolution, but most rely on the statutory First-tier Tribunal redress mechanism.
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 requires advertising material to be truthful and not misleading. The Code references the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), which were replaced by the DMCC Act on April 6, 2025.
The Letting Agent Code of Practice Regulations 2016 requires all letting agents to ensure advertising and marketing is accurate and not misleading. Letting agents must also comply with relevant consumer protection legislation when marketing properties. Breaches can be enforced by landlords, tenants, or Scottish Ministers through the First-tier Tribunal for Scotland, which can issue Letting Agent Enforcement Orders. Failure to comply with an Enforcement Order is a criminal offence.
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. For letting agents, breaching the Letting Agent Code of Practice can lead to Enforcement Orders from the First-tier Tribunal, with criminal prosecution for non-compliance.
Scotland's unique Home Report system means buyers receive detailed property information upfront. While the Home Report focuses on survey and energy data, consider noting in your marketing materials that virtually staged images should be viewed alongside the Home Report's factual assessment of property condition.
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, across all property portals and marketing materials.
In Scotland, solicitors often handle property sales directly. If you're an estate agent marketing on behalf of a selling solicitor, ensure they're aware of and approve your virtual staging approach. The Law Society of Scotland holds solicitors accountable for marketing accuracy.
Digitally altering structural features, flooring, fitted items, or exterior views would likely constitute a misleading practice under the DMCC Act and should be avoided. Scottish properties often have distinctive features (tenement flats, New Town townhouses, traditional cottages)—these characteristics should be presented accurately. Stage with furniture that complements but doesn't misrepresent.
Include unstaged photographs in your marketing materials so buyers can see the property's actual current condition. This transparency aligns with Scottish property law's emphasis on informed decision-making.
Include written disclosure in property particulars (printed and online), on your website, in social media posts, and portal listings. Consistency across all channels is essential—local Trading Standards authorities can investigate any misleading marketing touchpoint.
All residential estate agents in Scotland must belong to a government-approved redress scheme. If you're a member of The Property Ombudsman (TPO) or Property Redress Scheme (PRS), you must comply with their requirements for honest and accurate property marketing. Virtual staging complaints can result in investigations and sanctions.
The Letting Agent Code of Practice Regulations 2016 requires all letting agents to ensure advertising and marketing is accurate and not misleading. Virtual staging must not create false impressions about rental properties. Breaches can be enforced through the First-tier Tribunal for Scotland, which can issue Letting Agent Enforcement Orders.
"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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