The End of the Consumer Protection from Unfair Trading Regulations 2008
- Jen Lemen
- Jun 10
- 4 min read
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What is this blog about?
In this week’s blog, we look at the impact of the new Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025, which implemented specific provisions of the Digital Markets, Competition and Consumers Act 2024 and replaced the former Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
This is essential reading for RICS APC and AssocRICS candidates undertaking the Purchase & Sale and Leasing & Letting competencies, as it relates to the legal obligations of agents when dealing with consumers.
What’s new?
In April 2025, the Digital Markets, Competition and Consumers Act 2024 (Commencement No. 2) Regulations 2025 came into effect.
This implemented specific provisions of the Digital Markets, Competition and Consumers Act 2024 (DMCCA) and replaced the former Consumer Protection from Unfair Trading Regulations 2008 (CPRs).
It also transferred enforcement powers from National Trading Standards (NTS) to the Competition and Markets Authority (CMA). If a trader breaches the DMCCA, the CMA can levy fines of up to 10% global turnover and pay compensation to affected consumers.
As a result, all existing guidance on the CPRs 2008 and material information has been withdrawn by NTS.
What guidance should agents now follow?
The CMA have published full guidance on the new legislation, alongside a technical note and example practices.
Agents should continue to provide consumers with material information about any properties they are marketing, including the key characteristics and sale price.
Who does the DMCCA apply to?
The new legislation applies to ‘traders’, which essentially includes anyone (individuals, businesses or agents) providing frequent/high volume services to consumers, at a profit. This includes estate and letting agents.
What is the aim of the DMCCA?
Similarly to the CPRs, the DMCCA regulates commercial practices that are unfair to consumers.
What are unfair commercial practices?
Under the Act, traders must act fairly and diligently when dealing with consumers. This also includes not being misleading or acting aggressively (e.g., harassment, coercion and undue influence).
32 practices are prohibited completely, whilst other practices are instead considered unfair or misleading if they will have an adverse impact on the decision making of consumers.
Banned practices include:
Misuse of trust marks, codes of conduct or endorsements
Misleading promotional claims
Deceptive marketing and false, fraudulent or incentivised reviews
Illegal products
Pressured selling
Lack of or poor quality after sales care
Omitting information from invitations to purchase
Misleading practices include:
Misleading actions – providing false information, presenting information in a misleading way or failing to comply with a code of conduct (e.g., such as the RICS Rules of Conduct)
Misleading omissions – not providing information which consumers need to know or which is required under legislation, failing to make it clear when products are being marketed, providing information late or attempting to hide key information from consumers
Have RICS provided any guidance on the changes?
Not specifically. RICS have so far withdrawn existing guidance based on the CPRs 2008. We understand that they will be issuing new guidance in the future.
RICS has also raised concerns over ambiguities in the CMA guidance. To address these, RICS has emphasised the important of Home Surveys in the conveyancing process.
In the interim, the provisions of VPS 4 and VPGA 8 of the RICS Valuation – Global Standards 2025 and UK VPGA 11 of the UK National Supplement apply and all RICS members must follow the five Rules of Conduct.
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Stay tuned for our next blog post to help build a better you.
N.b. Nothing in this article constitutes legal, professional or financial advice.
