Property creators in England: a rule map for scope changes

Treat an expanded property-media brief as a fresh instruction to review, not an automatic extension of an agreed edit. Ask the commissioning agent to describe what has changed: the task, message or handling of replies. Keep the original creator brief visible beside the requested addition.

Preserve the boundary before reviewing the change

Write the accepted task beside the proposed addition in the amendment record. Identify who would perform it and what instructions they would receive. Use that description when reviewing commercial contracts, rather than treating a request for "a little extra help" as permission to proceed.

Route additions to the relevant instrument

Use the requested action to select a review question. Treat the entries as referral prompts, not findings that a particular creator is regulated. Ask the reviewer to assess the complete service and return a written answer that identifies the activity assessed and any conditions.

HMRC's estate agency registration guidance includes acting "on instructions from a customer who wants to buy, sell or let an interest in land, in the UK or abroad". Pair that wording with the requested tasks before seeking a scope assessment under section 1 of the Estate Agents Act 1979.

The unfair commercial practices provisions in Chapter 1 of Part 4 of the Digital Markets, Competition and Consumers Act 2024 apply to commercial practices from 6 April 2025 onwards. Banned practice 12 covers paid editorial promotion without making its paid nature clear in the content or through images or sounds clearly identifiable by the consumer.

Section 21 of the Financial Services and Markets Act 2000 restricts communicating an "invitation or inducement to engage in investment activity" in the course of business. FG24/1 is the FCA's Finalised guidance on financial promotions on social media. Approval by an appropriate authorised person is one route under which the restriction does not apply.

Example: return a bundled request for clarification

Illustrative example: an agent has commissioned a property video and asks the creator to add a paid endorsement, answer prospective buyers' questions and send follow-up promotions to people who enquire. Record each addition separately. Do not give the bundle a single "compliant" label.

Illustrative reply: "Please separate the filming brief from answering property questions and sending marketing. Identify who would perform each task and who will review its scope. Keep the added services outside the agreed deliverable until the relevant assessment and written amendment have been recorded."

For the endorsement, ask for the commercial relationship and proposed on-screen wording. Incentivised content must be clearly identifiable as advertising and reflect genuine experience. Attach the proposed label to your disclosure policy and request an ASA rules review before agreeing the wording with the commissioning agent.

For the buyer-question task, request the exact questions and the authority to respond. Answering questions from potential sellers, buyers, landlords or tenants appears among estate agency activities. Do not declare a creator in scope from that phrase alone. Send the revised task description for assessment alongside the original instructions.

For follow-up promotions, record the proposed recipients and message, not just an "enquiries" list. Marketing through social-media direct messages follows the electronic-mail marketing rules. Use a data protection review to distinguish the original response from the proposed campaign. Retain the consent or exception assessment with the amendment.

Triage the amendment before acceptance

Keep the response to the agent operational: accept only the work agreed after review, separate any disputed addition and identify who owns the next decision. Attach the resulting record to the launch review so the person releasing the content can see the revised boundary.