Requirements for businesses
When you register your business with us, it is important to ensure that you can operate fairly and efficiently in line with current laws and regulations.
General Membership Obligations
Our General Membership Obligations are the rules and standards of behaviour that all businesses registered with us must follow. This is applicable across all of our registration types.
Codes of Practice
Businesses registered with us under a full membership must follow our Codes of Practice. This sets out the standards of behaviour and best practice that must be followed. The contents cover a wide range of areas such as viewing and accessing premises, conflict of interest, duty of care and offers.
We have tailored codes for different sectors and locations.
Deed
This Membership Deed and Application Form can be used if you are unable to register your business using our online form.
Client Money Protection (CMP)
CMP is a legal requirement for letting agents in England that deal with client money. The rules are different in Scotland, Wales and Northern Ireland so do refer to the government’s CMP guidance. You are required to display your certificate prominently on your website(s) and in all branches.
Identification
We will ask for your company registration number and/or VAT number.
Internal complaints procedure
As part of your membership obligations, you must maintain and operate an internal complaints procedure. This must be in writing and should explain how customers can complain to you and the timescales, which are outlined in our Codes of Practice. Your procedure should also include how a consumer can refer their complaint to us within 12 months of receiving the final viewpoint letter and our contact details (website, email address, phone number and postal address).
Our complaint handling toolkits are available for you to use and include complaints procedure templates. Our toolkits are regularly reviewed in line with legislative and regulation changes.
Anti Money Laundering (AML)
If your services include residential sales, you must be registered with HM Revenue and Customs (HMRC) for money laundering supervision. Letting agents must register for supervision if you meet all the following criteria:
- Acting as a letting agency business for a month or more
- Manage residential or commercial properties which, individually, generate over 10,000 euros per month.
- You do not need to register if you are a lettings agent only carrying out lettings work that is not defined within the regulations. For example, below 10,000 euros rent per month.
Visit the GOV.UK guidance for further information.
Professional Indemnity (PI) insurance
All agents must hold valid PI insurance. Please note that this is different from Employers Liability or Public Liability insurance. You must be able to provide your policy schedule if requested.
By registering your business with us, you confirm that your PI insurance:
- Is current and valid
- Has a limit of indemnity of at least £100,000
- Has an excess of no more than £1,000
- Covers the specific professional services you provide, for example estate agency or surveying
If your excess exceeds £1,000, your policy must include The Property Ombudsman Endorsement L1391, unless you are part of a solicitors’ firm with PI insurance approved by the Law Society.
Compliance
We carry out compliance audits to check that businesses are operating in line with best practice and regulations as set out on this page, and in our General Membership Obligations and Codes of Practice.
With industry input, we’ve produced a range of complaint handling toolkits that you can use.