Don’t let AI-generated content land you in hot water

For decades, the new build industry has been using digital software to help buyers visualise what their home will look like. The rapid growth of generative AI is making this easier for builders and agents – but brings with it an increased responsibility to make sure the information you provide does not mislead buyers.

The Code sets clear requirements for builders to provide clear and truthful sales information. Failing to keep AI-generated content in check could not only lead to a breach of the Code but could even lead to builders and agents facing prosecution. Read on for tips on how to reduce your risk.

Fair, transparent marketing

Generative AI is making it easier, quicker and more cost effective to develop marketing materials. AI-generated or enhanced images can be enormously helpful to buyers, both in picturing their new home and in visualising room sizes in relation to typical furniture. But you must make clear to home owners that the images are indicative only and do not accurately represent their finished home.

We also recognise that some precise details of a home, its finish or landscaping may not be confirmed at the point of reservation. Making this clear in any sales brochures and discussions is essential so buyers know what to expect. Changes that do occur should be discussed with your buyers as soon as practical.

These requirements have been part of the Consumer Code for Home Builders since it first launched in 2010. And while the name of the consumer legislation that supports fair and transparent marketing may have changed, the rules are not new. Under the Digital Markets, Competition and Consumers Act 2024 (DMCC), information you rely on to sell a property must be accurate and not mislead buyers.

Risks of quicker content generation

What is new is the speed and ease of generating content – which brings with it increased risk. As image generation tools become more accessible and efficient, it can be easier to overlook errors. In a recent property marketing case, for example, an agent had been using AI-generated images that had removed a chimney breast, effectively altering the layout of the room. In the case of second-hand homes, these issues can be identified relatively early in the process during a viewing. But missing errors like this when marketing a new build could lead to significant disappointment later, when a buyer finally has a chance to see their property.

Similarly, using AI to generate brochure content can be useful, but it’s essential to check both for accuracy and readability. For example, how accessible is the language – is it written in plain English? Is the formatting accessible for different consumers?

Quality controls

Whether it’s images or content, builders and agents remain responsible for the accuracy of any sales and marketing information about new builds. To minimise your risk of breaching the Code (and in some cases, falling foul of the DMCC), remember to:

• Cross check all images – are the proportions correct, are the windows and doors in the right place, is outside space correctly represented
• Proof-read all content and check any claims – is the information about the property accurate, are references to local services and transport links correct, are the key details such as floor plans and EPCs included?
• Read brochure content aloud – does it sound how it should? Is it easy to understand?
• Include clear and visible disclaimers where AI content or artists impressions have been used
• Make clear which parts of your sales information may be subject to change
• Meet the Code’s pre-contract requirements, including adding the Code logo and a link to the Code in your sales materials and on your website
• Check that your information is complete and nothing important has been omitted
• Complete our free online training which covers consumer protection law and unfair trading – and refresh it every 12 months to keep up to date.

Completing these checks can help ensure your sales information remains accurate and clear, while enabling you to benefit from the latest tools and technology to support new home sales.