2026 compliance guide for real estate professionals • Reviewed September 10, 2026
NSW Fair Trading guidance says agents must not modify photographs so they cease to truthfully and fairly represent a property, or change its appearance by digitally adding or removing features. It does not provide a blanket exception for furniture staging. Obtain advice on the proposed images before publishing; a watermark is not permission to alter property features. Separately, the Residential Tenancies Amendment (Protection of Personal Information) Bill 2025 remained before the Legislative Council when checked on September 10, 2026. Its proposed misleading-rental-image provision is not an enacted virtual-staging disclosure law.
Existing NSW property and consumer laws provide remedies and penalties depending on the contravention. Applicable ACL corporate maximums can exceed A$100 million under the benefit or turnover calculation; the individual maximum for qualifying provisions is A$2.5 million. The pending rental bill does not create an operative penalty. Use the current ACCC source for national maximums: older dollar figures on the NSW advertising guidance page are outdated.
NSW's existing guidance focuses on whether the photograph remains truthful and fair and says agents must not digitally add or remove property features. A clear label can reduce confusion but does not cure an otherwise misleading image.
Keep the source photographs and publish accurate current-condition images. Where a separately labelled illustration is considered appropriate after review, make the corresponding original easy to compare; this is a transparency recommendation, not a statutory safe harbour.
Do not digitally add or remove property features, conceal undesirable characteristics, alter views or surroundings, or distort room dimensions.
Keep a record of which images were staged, what was added, and where disclosures were made (listing description, image watermarks, etc.). This helps establish what was published if NSW Fair Trading investigates; it does not prove compliance by itself.
The Residential Tenancies Amendment Bill may change before enactment. Check its official status and final text before describing any proposed image disclosure as a legal requirement.
Describe the edits accurately and replace every bracketed placeholder. Check the required wording, image placement, MLS fields, and original-photo access described above. Use custom image labels only where permitted. A template does not authorise an otherwise prohibited or misleading alteration.
“The identified images have been digitally altered with virtual furniture and décor. These items are not physically present. View the corresponding original, unaltered photographs at: [PUBLIC ORIGINAL-IMAGE LINK].”
“Digitally altered / virtually staged image. The furniture and décor shown were digitally added and are not physically present. View the original, unaltered image: [PUBLIC ORIGINAL-IMAGE LINK].”
“This photograph has been digitally altered with virtual furniture and décor. These items are not physically present. Compare the clearly identified original, unaltered image shown alongside it or at: [PUBLIC ORIGINAL-IMAGE LINK].”
“DIGITALLY ALTERED / VIRTUALLY STAGED – Original image: [PUBLIC URL OR QR CODE]”
Guide reviewed September 10, 2026. Links below include legislation, regulator guidance, and board or MLS materials. Their scope differs: a board rule is not statewide law, and a regulator homepage is not proof that no other rules exist. This guide does not verify every local MLS policy. Confirm the current requirements before publishing.
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