Code of Practice
Professional standards for UK property agents
Introduction
This Code of Practice sets out the standards expected of all property agents registered with Agent Standards. It provides a framework of professional conduct and practice that all members must adhere to in order to maintain their certification.
Our Code of Practice is aligned with the requirements set out in relevant legislation and industry best practices, including the Estate Agents Act 1979, Consumer Protection from Unfair Trading Regulations 2008, Consumer Rights Act 2015, and other applicable laws.
Compliance with this Code is mandatory for all Agent Standards members. Failure to adhere to these principles may result in disciplinary action, including suspension or revocation of certification.
Core Principles
All property agents must conduct their business according to these fundamental principles:
Integrity
Act honestly, transparently, and ethically in all dealings with clients, customers, and third parties. Avoid conflicts of interest and disclose any potential conflicts immediately.
Competence
Maintain professional knowledge and skills to ensure a high standard of service. Complete all required training and continuing professional development.
Communication
Provide clear, timely, and accurate information to clients and customers. Respond promptly to all inquiries and keep relevant parties informed throughout transactions.
Diligence
Act with care and thoroughness in all professional activities. Follow established procedures and pay attention to detail in all aspects of property transactions.
Fairness
Treat all clients, customers, and colleagues with respect and without discrimination. Provide equal service quality regardless of race, gender, religion, disability, or other protected characteristics.
Confidentiality
Protect client and customer information and maintain confidentiality of sensitive data. Only share personal information as permitted by law and with explicit consent.
Specific Standards of Practice
Marketing and Advertising
- All property advertisements must be accurate, clear, and not misleading.
- Property descriptions must include all material information required by law (Parts A, B, and C).
- Images must fairly represent the property and its condition.
- Terms of business, fees, and charges must be transparent and disclosed upfront.
- Property measurements must adhere to the RICS Property Measurement Standards.
- Energy Performance Certificate (EPC) ratings must be displayed as required by law.
Client Money Handling
- All client money must be held in dedicated client accounts.
- Client money must be protected through an approved Client Money Protection (CMP) scheme.
- Accurate records must be maintained for all client money transactions.
- Deposits for assured shorthold tenancies must be protected in an approved tenancy deposit scheme.
- Client accounting procedures must be transparent and regularly audited.
Anti-Money Laundering
- Conduct appropriate due diligence on all clients and beneficial owners.
- Verify client identity using reliable, independent sources.
- Maintain appropriate records of all identity checks and transactions.
- Report suspicious activity to the National Crime Agency as required.
- Implement risk assessment procedures to identify high-risk transactions.
- Provide regular staff training on anti-money laundering requirements.
Data Protection
- Comply with the UK GDPR and Data Protection Act 2018.
- Maintain a clear privacy policy that accurately describes data processing activities.
- Only collect personal data for specified, explicit, and legitimate purposes.
- Implement appropriate technical and organizational measures to protect personal data.
- Respect data subject rights including access, rectification, and erasure.
- Report data breaches to the Information Commissioner's Office when required.
Property Management
- Conduct regular property inspections and maintain detailed records.
- Respond promptly to maintenance issues and safety concerns.
- Ensure all properties meet legal safety requirements including gas, electrical, and fire safety.
- Address damp and mould issues in accordance with Awaab's Law.
- Conduct legionella risk assessments as required.
- Provide clear lines of communication for tenants to report issues.
Complaints Handling
- Maintain a clear, accessible complaints procedure.
- Acknowledge complaints within 3 working days.
- Provide a substantive response within 15 working days.
- Inform clients of their right to refer complaints to an approved redress scheme.
- Keep records of all complaints and their resolutions.
- Use complaints as a learning opportunity to improve service.
Compliance and Enforcement
Adherence to this Code of Practice is a condition of Agent Standards membership. We enforce these standards through:
Monitoring and Auditing
Agent Standards conducts regular audits and compliance checks to ensure members maintain the required standards. These may include:
- Desk-based reviews of marketing materials and documentation
- Mystery shopping exercises
- Formal compliance audits
- Inspection of client money handling procedures
Disciplinary Procedures
Breaches of the Code of Practice may result in disciplinary action, depending on the severity and frequency of the breach:
- Formal warning
- Requirement to undertake additional training
- Temporary suspension of certification
- Permanent revocation of certification
- Referral to regulatory authorities where appropriate
Support and Guidance
Agent Standards is committed to helping members achieve and maintain compliance with this Code of Practice through:
- Detailed guidance notes on specific aspects of the Code
- Regular updates on regulatory changes
- Training and continuing professional development
- Compliance helpline for specific queries
- Template documents and best practice resources
Uphold the Highest Standards
Join Agent Standards to demonstrate your commitment to professional excellence and regulatory compliance in the property sector.