Search Legislation

Estate Agents Act 1979

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Estate Agents Act 1979, Section 1 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Section 1:

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

1 Estate agency work. U.K.

(1)This Act applies, subject to subsections (2) to (4) below to things done by any person in the course of a business (including a business in which he is employed) pursuant to instructions received from another person (in this section referred to as “the client”) who wishes to dispose of or acquire an interest in land—

(a)for the purpose of, or with a view to, effecting the introduction to the client of a third person who wishes to acquire or, as the case may be, dispose of such an interest; and

(b)after such an introduction has been effected in the course of that business, for the purpose of securing the disposal or, as the case may be, the acquisition of that interest;

and in this Act the expression “estate agency work” refers to things done as mentioned above to which this Act applies.

(2)This Act does not apply to things done—

(a)F1in the course of his profession by a practising solicitor or a person employed by him [F2or by an incorporated practice (within the meaning of the Solicitors (Scotland) Act 1980) or a person employed by it]; or

(b)in the course of credit brokerage, within the meaning of the M1Consumer Credit Act 1974; or

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)in the course of carrying out any survey or valuation pursuant to a contract which is distinct from that under which other things falling within subsection (1) above are done; or

(e)in connection with applications and other matters arising under [F4the Town and Country Planning Act 1990, the Planning (Listed Buildings and Conservation Areas) Act 1990, the Planning (Hazardous Substances) Act 1990] or [F5the Town and Country Planning (Scotland) Act 1997, the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, the Planning (Hazardous Substances) (Scotland) Act 1997] or the M2[F6Planning (Northern Ireland) [F7Order 1991]] [F6Planning Act (Northern Ireland) 2011] .

(3)This Act does not apply to things done by any person—

(a)pursuant to instructions received by him in the course of his employment in relation to an interest in land if his employer is the person who, on his own behalf, wishes to dispose of or acquire that interest; or

(b)in relation to any interest in any property if the property is subject to a mortgage and he is the receiver of the income of it; or

(c)in relation to a present, prospective or former employee of his or of any person by whom he also is employed if the things are done by reason of the employment (whether past, present or future).

[F8(4)This Act does not apply to the following things when done by a person who does no other things which fall within subsection (1) above—

(a)publishing advertisements or disseminating information;

(b)providing a means by which—

(i)a person who wishes to acquire or dispose of an interest in land can, in response to such an advertisement or dissemination of information, make direct contact with a person who wishes to dispose of or, as the case may be, acquire an interest in land;

(ii)the persons mentioned in sub-paragraph (i) can continue to communicate directly with each other.]

(5)In this section—

(a)practising solicitor” means, except in Scotland, a solicitor who is qualified to act as such under section 1 of the M3Solicitors Act 1974 or Article 4 of the M4Solicitors (Northern Ireland) Order 1976, and in Scotland includes a firm of practising solicitors;

(b)mortgage” includes a debenture and any other charge on property for securing money or money’s worth; and

(c)any reference to employment is a reference to employment under a contract of employment.

Textual Amendments

F1S. 1(2)(a) amendment to earlier affecting provision SI 2000/1119 Sch. 4 para. 17 (E.W.)

F3S. 1(2)(c) omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(1)

F5Words in s. 1(2)(e) substituted (27.5.1997) by 1997 c. 11, ss. 4, 6(2), Sch. 2 para. 28 (with s. 5, Sch. 3)

F6Words in s. 1(2)(e) substituted (N.I.) (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in force) by Planning Act (Northern-Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 21 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2)

F7Words in s. 1(2)(e) substituted (N.I.)(21.8.1991) by S.I. 1991/1220, art. 133(1), Sch.5.

Modifications etc. (not altering text)

C5S. 1(2)(a) amended (E.W.)(1.2.1992) by S.I. 1991/2684, arts. 4, 5, Sch.2

s. 1(2)(a) modified (22.5.2000) by S.S.I. 2000/121, regs. 1, 37(2), Sch. 2 Pt. II para. 2

s. 1(2)(a) modified (22.5.2000) by S.I. 2000/1119, regs. 1, 37(3), Sch. 4 para. 17 (as amended (1.7.2009) by S.I. 2009/1587, arts. 1(1)(c), 3(13))

C6S. 1(5)(a) amended (E.W.)(1.2.1992) by S.I. 1991/2684, arts. 4, 5, Sch. 2%

Marginal Citations

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources