Digital Markets, Competition and Consumers Act 2024
The Digital Markets, Competition and Consumers Act 2024 is all about making things fairer for people buying and selling online. It gives the Competition and Markets Authority more muscle to step in quickly and fine companies that break the rules. The Act cracks down on sneaky tactics like fake reviews, hidden extra costs, and tricky subscription sign-ups—so customers get clearer, more honest information before they decide to buy.
The National Trading Standards has withdrawn its Material Information guidance for estate and letting agents in light of the Digital Markets, Competition and Consumers Act 2024. The DMCC Act, which came into effect on April 6, 2025, has superseded the Consumer Protection from Unfair Trading Regulations 2008 and shifted enforcement powers to the Competition and Markets Authority.
You can click straight through to the Government's website and read the Act here https://www.legislation.gov.uk/ukpga/2024/13/contents, but it isn't for the faint hearted and so we have a simplified version of how things are changing and what you are now obliged to show. In the past this has just applied to estate agents, but now also applies to residential and holiday parks selling direct to the public and manufacturers who advertise their client's properties on their websites.
Until this Act, the National Trading Standard Office deemed the use of the words 'Price on Application' as unlawful. However, we are advised that this is now covered by the section as below, Material Information - must be upfront with the price.
1. Material Information – Must Be Upfront
Include these before the buyer reserves or commits:
- Price – full selling price, not just “from £X”.
- Tenure – freehold, leasehold, shared ownership, licensed holiday agreement, or Non-traditional tenure etc.
- Lease details – term length, ground rent amount and review clauses (if leasehold).
- Service charges – what’s payable, how often, and what it covers.
- Council tax band (or expected band if new build).
- Planning conditions / covenants that limit use (e.g. no business use, parking restrictions).
- Energy performance (EPC rating or projected SAP score for new build) or exempt
- Tip: If a buyer would want to know before paying a reservation fee, it’s probably “material information” under the Act.
2. No Drip Pricing
- Show all compulsory charges upfront in the headline price or alongside it.
- Examples:
- Compulsory landscaping or estate management fees.
- Mandatory parking spaces or garages.
- Compulsory “community” or “club” membership fees.
- Optional extras (e.g. upgraded kitchen) can be priced separately, but must be clearly labelled as optional.
3. Truthful & Transparent Marketing
- Images – if using CGI or artist impressions, clearly label them as such.
- Claims – any performance claims (energy bills, soundproofing, “fast broadband”) must be accurate and evidence-backed.
- Availability statements – “only 2 left” or “selling fast” must reflect current reality.
- Sizes & measurements – floorplans and square footage must be correct and match finished build.
4. Reviews & Endorsements
- Only use genuine, verifiable testimonials from real customers.
- Don’t edit out all negative feedback if it makes the overall picture misleading.
- Never pay for or create fake reviews.
5. Online Sales Pages & Portals
- Make sure property portals, your website, and show home literature all match in terms of pricing and key details.
- Don’t hide key costs in downloadable PDFs—important facts must be on the main listing page.
6. Sales Process – How You Interact
- Train sales staff to avoid “pressure selling” tactics (e.g. false urgency or misleading comparisons).
- Ensure reservation forms and contracts don’t hide key terms in small print.
- Give buyers reasonable time to review documents before taking payment.
7. Internal Checks & Record Keeping
- Keep records of:
- What information was given to buyers and when.
- Evidence for any marketing claims.
- Copies of all adverts and listings.
- Have a sign-off process so no property is listed without compliance review.
8. Penalties if You Don’t Comply
- CMA can fine up to 10% of global turnover.
- Daily fines until the breach is fixed.
- Possible criminal prosecution for serious or repeated offences.
Best Practice Summary:
“Nothing hidden, nothing exaggerated, nothing fake.” If the buyer will eventually find out about it, tell them now—clearly and in plain English.
