What does the law require if there is no licence?
UK estate agency runs on what the law calls negative licensing. Almost anyone can set up as an estate agent without a licence, a qualification or prior experience. The main exception is undischarged bankrupts, who may work for an agency but not run their own. The state steps in afterwards, banning people who prove unfit. The main statute is the Estate Agents Act 1979, which defines estate agency work rather than defining an estate agent. If you do that work, the Act applies to you, whatever your job title says.
Three duties apply from day one. Agents doing residential sales must belong to a government-approved redress scheme under the Consumers, Estate Agents and Redress Act 2007. The business must register with HM Revenue and Customs for anti-money laundering supervision before it carries out any estate agency activity. Trading without that registration, or after it has been cancelled, is a criminal offence. Consumer protection law also governs how you market property and treat buyers and sellers.
Who can be banned from estate agency?
The National Trading Standards Estate Agency Team (NTSEAT), whose officers are appointed by Powys County Council as lead enforcement authority under the 1979 Act, decides who is unfit. It can issue warning orders and prohibition orders. A prohibition order can bar someone from all estate agency work or from part of it, and NTSEAT does not have to issue a warning order first.
Triggers include committing offences listed in the Estate Agents (Specified Offences) (No 2) Order 1991 and practices declared undesirable, such as treating buyers worse because they turn down the agent's other services. Failing to join a redress scheme can lead to a penalty charge. An independent adjudicator decides whether a person is unfit, and NTSEAT then decides whether to make the order. Offences by letting agents under the Tenant Fees Act can also prompt a fitness investigation.
Which rules shape the job day to day?
You must disclose any personal interest before negotiating. That covers property owned by you, your employer, a colleague or an associate, and an agent may not take a deposit on such a property. Firms must keep records, including offer letters, for six years, and trading standards officers can inspect them. Property listings and marketing fall under consumer protection law. Since 6 April 2025 that means the Digital Markets, Competition and Consumers Act (DMCC Act).
Money laundering work is routine. HMRC's definition of estate agency activity is wide: sending out particulars, arranging viewings, valuing property and putting up a for sale board all count. Online agents, auctioneers, land agents, property finders and letting agents that also sell for landlords must register. A firm using self-employed agents must register their premises, including home addresses, and is answerable for their failures.
Is licensing coming?
Yes, but it is not law yet. The 2019 Regulation of Property Agents (RoPA) working group recommended licensing for every residential agency, with a fit and proper person test for directors. It proposed a Level 3 qualification for staff doing reserved activities and Level 4 for directors and managers. Governments sat on the report for years. In May 2025 ministers told the House of Lords only that the issue would be dealt with in due course.
On 29 September 2026 the Ministry of Housing, Communities and Local Government announced that property agents will need a licence and appropriate qualifications. An independent regulator will set codes of conduct and be able to take licences away. The structure, the qualifications required, how licences are paid for and the start date have not been announced. If you are entering the trade now, a recognised qualification is the sensible hedge.
Pay
GBP a year, before tax. Ranges run from the 25th to the 75th percentile for estate agency, based on the Office for National Statistics Annual Survey of Hours and Earnings, April 2026 (provisional), moved to the current year with a wage index. Regional figures are modelled, and commission and location move actual earnings. Refer to the Estate Agency salary guide for figures from live adverts.
What you need
- LicenceNone anywhere in the UK for sales work as of November 2026. Government has announced a licensing regime but has not set a start date.
- QualificationsNo qualification is legally required. Propertymark's Level 3 Certificate in Property Agency matches the level RoPA proposed for frontline staff.
- Redress schemeEvery agent doing residential estate agency work must belong to a government-approved redress scheme. Failing to join can lead to a penalty charge.
- HMRC AML registrationThe business must register with HMRC before carrying out estate agency activity and renew each year by paying the annual fee for every listed premises. Trading unregistered is a criminal offence.
- Personal interest disclosureDisclose any personal interest in a property before negotiating, under section 21 of the Estate Agents Act 1979. You cannot take a deposit on a property you have a personal interest in.
- Record keepingKeep records, including offer letters, for six years. Trading standards officers can demand to see them.
- FitnessSpecified offences or undesirable practices can lead NTSEAT to issue a warning order or a prohibition order banning you from the work.
Across the UK
| England | No licence for estate agents. The Estate Agents Act 1979, redress membership and HMRC money laundering registration apply. Letting agents must also protect deposits and join a client money protection scheme. |
|---|---|
| Wales | Sales work follows the same UK-wide rules with no licence. Anyone letting or managing rented homes in Wales must be trained and licensed through Rent Smart Wales. |
| Scotland | No licence for sales agents, and solicitors handle much of each sale. Letting agency work is a criminal offence unless the agent is on the Scottish Letting Agent Register, which has applied since October 2018. |
| Northern Ireland | No licence for estate agents. The Department for the Economy enforces the Estate Agents Act there, and letting agents have no statutory redress or client money protection duty. |
How to get there
- Day oneJoin an agency as a negotiatorNo licence or qualification is needed to start. Your employer's HMRC registration and redress membership cover you.
- First monthsLearn the compliance basicsExpect training on customer due diligence, personal interest disclosure and accurate property descriptions under consumer law.
- Year 1-2Take a recognised qualificationPropertymark's Level 3 Certificate in Property Agency is voluntary now and likely to matter under the planned licensing regime.
- Year 3 onwardsMove into managementThe Level 4 Certificate in Property Agency Management matches the level RoPA proposed for directors and managers.
- Before tradingSet up your own agencyRegister with HMRC for money laundering supervision and join an approved redress scheme before you take a single instruction.
Open now on PropertyRoles.uk
Questions people ask
Can I sell houses without any qualifications?
Yes. UK law sets no qualification for estate agents as of November 2026. Most employers train new negotiators in-house, and many encourage a Propertymark qualification.
Who regulates estate agents in the UK?
No single licensing body exists yet. The National Trading Standards Estate Agency Team, based at Powys County Council, enforces the Estate Agents Act 1979 and approves redress schemes. HMRC supervises money laundering compliance, and local trading standards enforce consumer law.
Can an estate agent be struck off?
Effectively, yes. NTSEAT can make a prohibition order that bans a person from all or part of estate agency work after an independent adjudicator finds them unfit. Grounds include specified criminal offences and undesirable practices.
When will estate agent licensing start?
No date has been set. On 29 September 2026 the government said property agents would need a licence and appropriate qualifications, overseen by an independent regulator. It has not yet said how the regulator will be set up or which qualifications will count.
Does a self-employed agent need their own HMRC registration?
It depends on how independent you are. If you work under a firm's policies and procedures, the firm registers your premises and is responsible for you. If you make key business decisions and run your own controls, you must register with HMRC yourself.
Does joining Propertymark or RICS count as a licence?
No. Membership of a professional body is voluntary self-regulation. It can show clients your standards, but the law does not require it.
Sources
- HMRC: Money laundering supervision for estate agency businesses
- HMRC manual AMLG2200: Estate agent business guidance
- Powys County Council: Who can be an estate agent
- Powys County Council: Warning orders and prohibition orders
- Powys County Council: About NTSEAT
- legislation.gov.uk: Estate Agents Act 1979, section 21
- legislation.gov.uk: Consumers, Estate Agents and Redress Act 2007 explanatory notes
- MHCLG: Government goes further to protect leaseholders (29 September 2026)
- Propertymark: Regulation of Property Agents (RoPA)
- Propertymark: Regulation of estate and letting agents around the UK



