Mandatory Registration for Estate Agents: Minister Opts for Regulation of Professional Conduct

Since the abolition of statutory title protection in 2001, anyone has been able to carry out estate agency activities. Since then, industry associations have sought to safeguard service quality through registers, codes of conduct and disciplinary procedures. However, recent research shows that this system is not functioning adequately. For example, consumers receive the mandatory bidding log in only 32% of cases, while enforcement of codes of conduct is virtually non-existent.

Why Not Introduce a Statutory Bidding Procedure or Licensing System?
The Minister has examined various forms of regulation, including a statutory bidding process, an enhanced role for civil-law notaries and a licensing system. These options were rejected because they would be too far-reaching or would not adequately address the nature of the problems identified. According to the Minister, most complaints concern estate agents’ conduct rather than their professional knowledge or training.

The Minister has therefore opted to introduce a statutory registration requirement. Anyone offering estate agency services will be required to register. Registration will be subject to statutory standards of conduct, with a particular focus on:

• Transparency in the property purchase process, including a mandatory bidding log.
• The provision of accurate and complete information about the property.
• Equal treatment of prospective buyers, regardless of whether they use a buyer’s agent.

With this approach, the Minister aims to address misconduct in the property purchasing process without unnecessarily restricting access to the profession.

The proposed regulatory framework provides for more extensive enforcement measures than the current system. These include:

• Mandatory participation in a dispute resolution scheme.
• Removal from the register in the event of serious violations.
• Preventing estate agents who have been struck off from continuing to operate as unregistered agents.
• The possibility of prohibiting advertisements that do not display a registration number.

The aim is to prevent estate agents from simply continuing their activities under a different name or banner after disciplinary action has been taken against them.

The precise details of the register, the standards of conduct and the supervisory arrangements have yet to be worked out. The Minister will develop these proposals further in consultation with the sector and expects to provide the House of Representatives with a further update in the first quarter of 2027.

Do you have questions about the proposed registration requirement for estate agents? At De Clercq, we will be happy to answer them. Please contact our specialists in the Real Estate & Government team.

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