Why legal information now matters before a viewing

The Digital Markets, Competition and Consumers Act 2024 (DMCCA) reinforces the legal duty to present material information to consumers at the earliest possible stage. In practice, this means critical legal details - such as leasehold terms, restrictive covenants, ground rent arrangements and known planning proposals - should be disclosed before a buyer books or even enquires about a viewing. [Fact check needed]

For estate agents, the compliance bar at listing stage has risen. Sellers and agents should consider whether to instruct a conveyancer prior to marketing so key documents and answers are ready up-front.

This is good news for buyers and sellers – evidence shows that agents and conveyancing lawyers that work together to list a property results in lower fall throughs and speedier sales.

What to show on leasehold listings

For a leasehold property, the listing should include the following details, as they directly influence a buyer’s decision to view, make an offer and obtain a mortgage.

• Tenure: clearly state leasehold.
• Length of lease / years remaining: include the original term and the precise years remaining to signal mortgageability and future resale risk.
• Ground rent: show the current amount, payment frequency, review mechanism and next review date. Note: for new leases created after 30 June 2022 (and April 2023 for retirement homes) the ground rent should be a peppercorn (£0) under the Leasehold Reform (Ground Rent) Act 2022.
• Service charges: state the current amount, payment period/frequency, whether fixed or variable, and any reserve/sinking fund contributions.
• Building safety / major works (especially flats): disclose known safety issues and any planned or required works to remedy identified defects or hazards.

If relevant:

• Shared ownership: the percentage share being sold and the rent payable on the unsold share (plus usual leasehold charges).
• Share of freehold / commonhold: make this clear and include any communal-area charges or estate fees.

What this means for conveyancers who don’t pay referral fees

Some worry that bringing legal expertise in before listing could divert work toward panel firms or those with agent affiliations. In reality:

• Most sellers and buyers still instruct a conveyancing lawyer when an offer is accepted, giving agents a much stronger opportunity to recommend partners.
• Encouraging sellers to instruct earlier can improve readiness, reduce delays and create more opportunities for conveyancing lawyers to secure clients on merit rather than at the last minute.
• Good conveyancing lawyers can also recommend effective agents to their clients, and with around 55% of sellers likely to be buyers, early engagement can increase conversion for both sale and purchase.
• Many conveyancing lawyers who don’t pay referral fees rely on repeat clients and direct referrals; earlier instruction and clearer up-front information should strengthen, not weaken, those channels.

Will sellers pay up-front for conveyancing and other material information?

A common concern is that asking sellers to pay for legal work and documents before listing could reduce the number of properties for sale - especially where owners are undecided. Evidence suggests otherwise:

• Scotland requires sellers to instruct a conveyancing lawyer and commission a Home Report, typically paying around £1,000 up-front. Properties advertised for sale achieve a 79% sell-through rate (source: TwentyCi).
• In England, a lower proportion of listed properties sell - around 40% in London and ~60% in other regions. (source: TwentyCi)
• Case studies from agents and conveyancing firms indicate that instructing legals at listing, alongside gathering other material information, can reduce fall-throughs to ~10% and cut transaction times substantially.
• Looking ahead, legal packs and property logbooks prepared pre-marketing -alongside EPCs - may be mandated subject to the outcomes of the government’s Home Buying and Selling Reform and Material Information consultations.

Summary

• The DMCCA strengthens the requirement to present material information prior to viewings and offers. [Fact check needed]
• Agents, conveyancers and surveyors—and competent specialists able to flag condition issues that could affect a buyer’s decision—should be involved at the listing stage, not only after offer.
• Doing the work up-front improves transparency, can shorten timelines and help to reduce fall-throughs—benefiting consumers and the industry.

What are the government proposals in the Home Buying and Selling and Material Information Consultations to support upfront information on listing?

The recent Government consultation sets out a clear framework for how this will be achieved:

1. Requiring upfront property information: Sellers and estate agents will increasingly be asked to provide a standardised set of data at listing stage (tenure; council tax band; EPC rating; property type; title information; leasehold terms; building safety data; standard searches; property condition assessment). GOV.UK
• This will likely be phased in rather than immediate. GOV.UK
• The aim is to reduce fall‑throughs and speed up transactions by about four weeks. GOV.UK
2. Digital property logbooks and packs: The consultation proposes that digital packs become standard, with a core data set linked to the Unique Property Reference Number (UPRN) and integrating with conveyancing platforms via APIs. GOV.UK
3. Professional standards and transparency: Estate agents will face a Code of Practice and possibly mandatory qualifications; consumers will have clearer transparency on agent/conveyancer performance. GOV.UK
4. Streamlined transactions via digital/data sharing: The Government seeks to streamline anti‑money‑laundering checks, adopt digital identity verification, and enable better data sharing across conveyancer, agent, and lender. GOV.UK

How can you achieve this in practice?

• Estate Agents: Begin collecting and verifying key material and legal information at the instruction stage. Work with sellers to prepare initial search orders or condition assessments.
• Conveyancers: Position yourself as the early advisor — review title records, advise sellers/buyers on required documentation early, push for initial information to be gathered ahead of contract stage.
• Collaboration & Digital Platforms: Work with your introducers and technology providers to implement a shared, secure digital portal for passing UFI between agent‑seller‑conveyancer. Ensure you define the process and clearly assign responsibility.
• Training & Change Management: Ensure your firm is ready for the change. If mandatory standards/qualifications come in, be ahead of the curve. Use the looming reforms as a differentiator for marketing (“we’re ready for the future of faster moves”).
• Use the opportunity commercially: Offer efficiency as a proposition - “we can reduce risk of fall‑throughs by providing upfront verified information” - which becomes a selling point for your clients.

Final thoughts

The discussion about upfront information has run long enough. The consultation is signalling clear change is coming. Now is the time for the industry — estate agents, conveyancers, technology providers — to recognise that we need to work together, collaborate and embed the urgent solution for how this information is collated and shared.

The process may not be “broken” - but it does need help and reform.

Have Your Say

Take part in the government consultation before 29 December 2025:
Respond now on GOV.UK 

Learn More
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