OpenLegislation

Estate Agents Act 1979

1979 c. 38 · Enacted 4 April 1979 · Extends to United Kingdom

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 6 April 2025.

See the changes not yet applied
ProvisionChangeMade by
s. 1(2)(e)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 121
s. 3(1)(c)word substitutedConsumers, Estate Agents and Redress Act 2007 s. 54(2)
s. 21AinsertedConsumers, Estate Agents and Redress Act 2007 s. 54(1)
s. 30(2)word insertedConsumers, Estate Agents and Redress Act 2007 Sch. 7 para. 3

An Act to make provision with respect to the carrying on of and to persons who carry on, certain activities in connection with the disposal and acquisition of interests in land; and for purposes connected therewith.

[4th April 1979]C1I1C2C3

Annotations to the whole text

Modifications

C1

Act excluded (prosp.) by Administration of Justice Act 1985 (c. 61, SIF 98:1), s. 34(3)

C2

Act applied (1.8.2007 for specified purposes, 10.9.2007 for specified purposes, 14.12.2007 for specified purposes, 6.4.2008 in so far as not already in force) by Housing Act 2004 (c. 34), ss. 175(3), 270(6); S.I. 2007/1668, art. 2 (with arts. 3, 4); S.I. 2007/2471, art. 2 (with arts. 3, 4); S.I. 2007/3308, art. 2 (with arts. 3, 4); S.I. 2008/898, art. 2(1) (with art. 2(2))

C3

Act excluded (12.9.2011) by The Legal Services Act 2007 (Designation as a Licensing Authority) Order 2011 (S.I. 2011/2038), Sch. para. 4

Commencement

I1

Act not in force at Royal Assent see s. 36(2); Act partly in force at 3. 5. 1982 see S.I. 1981/1517.

Contents

  1. Application of Act
  2. 1Estate agency work.
  3. 2Interests in land.
  4. Orders by the lead enforcement authority
  5. 3Orders prohibiting unfit persons from doing estate agency work.
  6. 4Warning orders.
  7. 5Supplementary provisions as to orders under sections 3 and 4.
  8. 6Revocation and variation of orders under sections 3 and 4.
  9. 7Appeals.
  10. 8Register of orders etc.
  11. Information, entry and inspection
  12. 9Information for the lead enforcement authority
  13. 9ANotice of convictions and judgments
  14. 10Restriction on disclosure of information. Repealed
  15. 11Powers of entry and inspection. Repealed
  16. 11AFailure to produce information Repealed
  17. Clients’ money and accounts
  18. 12Meaning of “clients’ money” etc.
  19. 13Clients’ money held on trust or as agent.
  20. 14Keeping of client accounts.
  21. 15Interest on clients’ money.
  22. 16Insurance cover for clients’ money. Not yet in force
  23. 17Exemptions from section 16. Not yet in force
  24. Regulation of other aspects of estate agency work
  25. 18Information to clients of prospective liabilities.
  26. 19Regulation of pre-contract deposits outside Scotland. Not yet in force
  27. Supervision, enforcement, publicity, etc.
  28. 20Prohibition of pre-contract deposits in Scotland.
  29. 21Transactions in which an estate agent has a personal interest.
  30. 22Standards of competence. Not yet in force
  31. 23Bankrupts not to engage in estate agency work.
  32. Redress schemes
  33. 23ARedress schemes
  34. 23BEnforcement
  35. 23CMeaning of residential property
  36. Supervision, enforcement, publicity etc.
  37. 24Supervision by Council on Tribunals.
  38. 24ALead enforcement authority
  39. 25General duties of the lead enforcement authority
  40. 26Enforcement authorities.
  41. 27Obstruction and personation of authorised officers. Repealed
  42. Supplementary
  43. 28General provisions as to offences.
  44. 29Service of notices etc.
  45. 30Orders and regulations.
  46. 31Meaning of “business associate” and “controller”.
  47. 32Meaning of “associate”.
  48. 33General interpretation provisions.
  49. 34Financial provisions.
  50. 35Scotland. Repealed
  51. 36Short title, commencement and extent.
  52. Schedule 1: Provisions Supplementary to Section 3(1)
  53. Spent convictions
  54. 1Paragraph 1
  55. Discrimination
  56. 2Paragraph 2
  57. 3Paragraph 3
  58. 4Paragraph 4
  59. 5Paragraph 5
  60. 6Paragraph 6
  61. Schedule 2: Procedure etc.
  62. Part I: Orders and Decisions Under Sections 3, 4 and 6
  63. Introductory
  64. 1Paragraph 1
  65. Notice of proposal
  66. 2Paragraph 2
  67. Hearing of representations
  68. 3Paragraph 3
  69. 4Paragraph 4
  70. 5Paragraph 5
  71. Decision
  72. 6Paragraph 6
  73. 7Paragraph 7
  74. 8Paragraph 8
  75. Notification of decision
  76. 9Paragraph 9
  77. 10Paragraph 10
  78. Part II: Applications Under Sections 6(1) and 8(3)
  79. 11Paragraph 11
  80. 12Paragraph 12
  81. 13Paragraph 13
  82. 14Paragraph 14
  83. Schedule 3: Redress Schemes
  84. Approval of redress schemes
  85. 1Paragraph 1
  86. 2Paragraph 2
  87. 3Paragraph 3
  88. 4Paragraph 4
  89. 5Paragraph 5
  90. Applications for approval to the lead enforcement authority
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. Notification of changes to an approved scheme
  95. 9Paragraph 9
  96. Withdrawal of approval by the lead enforcement authority
  97. 10Paragraph 10
  98. 11Paragraph 11
  99. 12Paragraph 12
  100. 13Paragraph 13
  101. Revocation of designation by the Secretary of State
  102. 14Paragraph 14
  103. Defamation proceedings
  104. 15Paragraph 15
  105. Interpretation
  106. 16Paragraph 16
  107. Schedule 4: Penalty notices under section 23B(1)
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. 3Paragraph 3
  111. 4Paragraph 4
  112. 5Paragraph 5
  113. 6Paragraph 6
  114. 7Paragraph 7
  115. 8Paragraph 8
  116. 9Paragraph 9
  117. 10Paragraph 10
  118. 11Paragraph 11
  119. 12Paragraph 12