In plain English
The Business Protection Regulations 2008 ban misleading property adverts and unfair comparisons between agents. Every claim in a listing, from square footage to performance boasts, has to be accurate and something the agent can prove.
What this law is
The Business Protection from Misleading Marketing Regulations 2008 are the business-to-business sister rules to the consumer regime. Consumer protection now sits in the Digital Markets, Competition and Consumers Act 2024 (which replaced the CPRs in April 2025), while the BPRs deal with misleading advertising and false comparisons between businesses.
In practice, the two sets of regulations overlap massively for property. A misleading listing on Rightmove or Zoopla can fall under both. Trading Standards normally uses whichever gives them the stronger enforcement route.
The BPRs also regulate comparative advertising. For example, one agent claiming they sell homes "30% faster than the competition" has to be able to prove it. Without evidence, the claim is illegal.
Why it exists
The BPRs were introduced in 2008 alongside the consumer rules of the day to create a complete protection regime. Misleading adverts distort the market and unfairly damage honest competitors. The rules protect both consumers and legitimate businesses.
What it means for you
- Every claim in a property listing. Square footage, number of bedrooms, garden size, tenure, annual bills. Has to be accurate. Agents cannot round up or guess.
- Claims about an agent's performance ("we sold 95% of listings last year", "fastest-moving agent in your area") must be backed up with real, recent data.
- "Off-market" and "exclusive" claims have to be genuine. Saying a home is off-market when it has been on Rightmove for three weeks is a breach.
- Comparative claims against specific competitors have to be fair and provable. Trash-talking another agent with unverifiable stats is not allowed.
Red flags to watch for
- ⚠Vague superlatives. "award-winning", "top-rated", "leading". With no evidence attached.
- ⚠Floor plans that add "useable loft space" into square footage without marking it separately.
- ⚠Reviews that look identical across multiple listings or with no identifiable reviewer.
- ⚠"Under offer" status that never seems to resolve into a sale but keeps the listing at the top of search results.
How to use it
- 1Screenshot any claim before challenging it. Listings get edited quickly once a complaint comes in.
- 2Complain to the Advertising Standards Authority (ASA) for adverts on websites, portals, and social media.
- 3For comparative claims against other agents, Trading Standards can take direct action.
- 4Factual inaccuracies in a listing (wrong square footage, wrong tenure) are often easiest to prove and quickest to resolve.
Key terms, translated
- Misleading marketing
- Any advert, brochure, or online listing that creates a false impression. Even if the literal words are technically true.
- Comparative advertising
- An advert that directly or indirectly compares one business with another. It has to be fair, relevant, and verifiable.
- Puffery
- Harmless exaggeration ("best view in town") that no reasonable person would take literally. Allowed. Specific false claims are not.
Official source
This guide is a plain-English summary, not legal advice. For the original text, always go to the official source.
Business Protection from Misleading Marketing Regulations 2008 on legislation.gov.ukFrequently asked questions
What is the difference between the consumer rules and the BPRs?
The consumer rules (now the DMCCA 2024, which replaced the CPRs) protect consumers from misleading practices. The BPRs cover misleading marketing between businesses and comparative advertising. A single misleading listing often breaches both.
Can I complain about a property advert I saw on Rightmove or Zoopla?
Yes. First route is the agent's redress scheme. For the advert itself, the ASA handles online and portal adverts. For factual accuracy, Trading Standards.
What counts as evidence for a performance claim?
Recent, verifiable data. Typically from the last 12 months. That can be checked against a recognised source like TwentyCi, Rightmove Intel, or an agent's own audited numbers.