Ten things a property creator contract should cover, from scope to exit

These ten topics are an unranked issue list for property creator work governed in England and Wales. They were selected on 5 September 2026 because each controls a distinct delivery, legal or exit risk. Consumer commissions, employment agreements, conveyancing, leases and model clauses are excluded. A qualified solicitor must draft or review the actual terms.

What to take away

A property creator contract should name entities, define deliverables and exclude valuation, survey, mortgage advice, negotiation or introduction.
Client approval of property statements is not evidence, so allocate responsibility for supplying, checking, updating and correcting them.
Set controller, joint-controller or processor roles for each purpose rather than for the contract as a whole.
Working status depends on facts beyond wording, so obtain tax and employment-status advice.
Keep the contract unsigned while any party, regulated scope, rights, privacy role or liability term remains unresolved.

1. Parties, scope and exclusions

Name the legal entities, notices and authorised contacts. Define deliverables, property geography, channels, dates, revisions and acceptance. Exclude valuation, survey, mortgage advice, negotiation or introduction unless specifically assessed. The Estate Agents Act 1979 makes real instructed activity more important than the contract's label.

2. Factual inputs and substantiation

Allocate responsibility for supplying, checking, updating and correcting every property statement. Client approval is not evidence. ASA/CAP's property marketing advice addresses objective claims, descriptions, fees and comparisons.

3. Commercial class and approvals

Record payment, benefits, sponsorship, affiliate links and final advertising approval. State who owns the disclosure wording and who monitors publication. The CMA's brand endorsement guidance says businesses should set expectations and correct improperly labelled content.

4. Media, copyright and appearance rights

Specify ownership or licence, territory, duration, platforms, edits, music, floor plans, credits and reuse. Handle identifiable people's appearance and privacy separately. The Intellectual Property Office's digital-image notice explains that commissioned or online images may still require the right holder's permission.

5. Accessibility deliverables

Define captions, transcripts, audio description where needed, keyboard journeys, formats, test cases, remediation and approval. Do not promise legal conformity from an automated score. Use a named accessibility reviewer for the intended service and audience.

6. Privacy roles and processors

Set controller, joint-controller or processor roles for each purpose, not for the contract as a whole. Include instructions, sub-processors, security, rights assistance, breach support, retention, export and deletion where Article 28 applies. The ICO provides an official processor-contract checklist.

7. Fees, benefits, tax and work status

State currency, VAT treatment, expenses, gifts, commission, invoicing, payment events and cancellation effects. HMRC's online-platform income guidance includes non-cash gifts and services within its content-creation explanation. Working status depends on facts beyond wording; GOV.UK's contractor guidance distinguishes tax and employment-law questions. Obtain tax and employment-status advice.

8. Corrections, withdrawal and incidents

Name who can pause, amend or remove an asset, the response evidence and any notification route. Include account loss, data exposure and unavailable source records. The NCSC response and recovery guide supports rehearsal, not a security guarantee.

9. Warranties, indemnity and liability

Allocate risks expressly, including supplied facts, third-party rights and unauthorised changes. Do not copy a broad exclusion or indemnity from another deal. Consumer-facing services may engage the Consumer Rights Act 2015, including transparency, fairness and limits on excluding liability.

10. Termination, continuity and deletion

Cover notice, work in progress, fees, licence survival, handover, archive, editable files, account transfer, supplier failure and verified deletion. Set a continuity test and evidence of completion. Keep the contract unsigned while any party, regulated scope, rights, privacy role or liability term remains unresolved.

Before you act

Name the legal entities, notices and authorised contacts.
Define deliverables, property geography, channels, dates, revisions and acceptance.
Record payment, benefits, sponsorship, affiliate links and final advertising approval.
Specify ownership or licence, territory, duration, platforms, edits, music, floor plans, credits and reuse.
Name who can pause, amend or remove an asset.
Set a continuity test and evidence of completion.

Common questions

What should a property creator contract exclude from scope?

Exclude valuation, survey, mortgage advice, negotiation or introduction unless specifically assessed. The Estate Agents Act 1979 makes real instructed activity more important than the contract's label, so the label alone does not settle the position.

Who owns the disclosure wording for sponsored property content?

The contract should state who owns the disclosure wording and who monitors publication. The CMA's brand endorsement guidance says businesses should set expectations and correct improperly labelled content, so this needs a named owner.

When should the contract stay unsigned?

Keep the contract unsigned while any party, regulated scope, rights, privacy role or liability term remains unresolved. A qualified solicitor must draft or review the actual terms, so unresolved points should be settled before signature.