What estate agency work is

What estate agency work is and exemptions to the law

Estate agency work

Even if you don't call yourself an estate agent, you may be seen as one in the eyes of the law if you:

have a business that deals with people who buy or sell freehold or leasehold properties, in the UK: this includes commercial and agricultural properties
send out property particulars and arrange viewings
offer personal advice to potential sellers or buyers
get queries from potential sellers or buyers which you pass on to clients
provide clients with a 'For Sale' board or put it up outside their property with your contact details

The law includes internet run businesses.

If you’re in any doubt you should consult a legal adviser.

If you’re an estate agent, there are important laws and regulations that may apply to you.

The Estate Agents Act 1979 explains them in more detail.

For further advice on the Act and how it applies to you, contact:

There are some exceptions to the definition of estate agency work.

These include:

surveys or valuations carried out independently of any other estate agency work
work connected with planning applications or covered by the Town and Country planning legislation
arranging rentals or property management for a client
estate agency work carried out entirely outside of, and with no connection to, the UK
work done to arrange mortgages
publishing advertisements or putting information in a newspaper or similar publication

You're classed as an intermediary if you:

only pass on the seller’s information to a prospective buyer
only provide a way for the seller and buyer to contact one another directly, for example online
don’t offer any personal advice to a seller or a buyer, such as preparing property particulars or photographs or an energy performance certificate
provide a branded 'For Sale' board to the seller without your contact details

If you’re an intermediary, you are exempt from requirements that are relevant to full service estate agency businesses, such as:

You can not be an estate agent if you’re an undischarged bankrupt. You can work for another estate agency, as long as it is not your own company.

You can not engage in estate agency work if you’ve been prohibited by:

The National Trading Standards Estate and Letting Agency Team
The Office of Fair Trading (OFT) up until 31 March 2014, orders issued by the OFT still have effect