The real estate sector is undergoing a profound transformation, and telephone prospecting is no exception. With a decree coming into effect on July 23, 2026, real estate professionals must now adhere to strict guidelines regarding consent before any solicitation. These measures aim to better protect consumers while cleaning up industry practices. Here's what every professional needs to know to anticipate these changes and adapt their prospecting strategy.
A regulatory turning point for real estate prospecting
Real estate prospecting—the technique of directly contacting homeowners who have listed their properties for sale—is now subject to formal consent requirements. Applicable from August 11, 2026, these new rules require professionals to obtain the explicit consent of consumers before any commercial telephone contact. The message is clear: mass solicitation without a safety net is over. Failure to comply with these obligations exposes offenders to particularly dissuasive penalties, up to €75,000 in fines for individuals and €375,000 for legal entities.
The five pillars of valid consent
The decree of July 23, 2026, leaves no room for improvisation: consent must be obtained clearly, comprehensibly, and traceably. Five mandatory elements must be included in any consent request:
- Professional identity : the consumer must know precisely who is contacting them and for what type of good or service.
- Nature of the prospecting : it is essential to explicitly describe the type of commercial approach envisaged.
- Duration of consent : the agreement given cannot exceed one year, after which it must be renewed.
- Right of withdrawal : the consumer must be informed that they can withdraw their consent at any time, without conditions or delay.
- Proof of consent : the professional must be able to produce proof of this agreement upon simple request.
These five criteria form a non-negotiable foundation. The absence of even one of them is enough to render consent invalid — and therefore the prospecting unlawful.
The formalism of consent: positive act and preservation of evidence
A deliberate and unequivocal act
Consent can no longer be obtained passively. Pre-checked boxes, simply browsing a website, or the absence of explicit refusal are no longer sufficient legal grounds. Consumers must take a deliberate and unambiguous action to validate their agreement: checking a blank box, signing a form, confirming by email, etc. These are all mechanisms that must be integrated into data collection processes.
Rigorous archiving over three years
Obtaining consent is only the first step. Professionals must also implement a reliable archiving system to retain this evidence for three years. Each record must include the date and time of consent, as well as any time slots the consumer may have agreed to be contacted outside of legally mandated hours. These documents must be provided to the consumer free of charge upon request.
What this means in practical terms for real estate agents
Completely overhaul prospecting methods
Work habits must evolve. Telephone scripts, email sequences, lead qualification processes: everything must be reviewed in light of the new regulatory framework. Training sales teams becomes a priority, as does updating CRM tools to automatically filter out non-compliant contacts. Publishing a real estate listing can also become a more strategic lever for attracting a qualified and already consenting audience, thus reducing reliance on outbound prospecting.
Clean and recertify existing databases
This is undoubtedly the most demanding task in the short term. Databases created before the decree came into effect must be thoroughly reviewed: any contact who has not given consent in accordance with the five mandatory criteria must be deleted or have their consent collected again. This compliance work, while time-consuming, is essential to avoid unnecessary penalties. It also represents an opportunity to build a database of genuinely engaged prospects, who are easier to convert.
Legal and financial risks in case of non-compliance
Heavy fines and potentially void contracts
The penalties stipulated in the decree are not limited to administrative fines. Any contract concluded following non-compliant prospecting can be declared null and void by a court. For a real estate professional, this means canceled fees, disputed transactions, and exposure to costly legal proceedings. The risk is therefore both financial and reputational.
The burden of proof rests with the professional
In the event of a dispute or complaint, it is the professional—not the consumer—who must prove that the contact was established in accordance with the rules, or that the approach was not commercial in nature. This reversal of the burden of proof further reinforces the importance of a rigorous archiving system and flawless documentation.
The new consent rules for real estate prospecting are not just another burden to bear; they are an opportunity to further professionalize prospecting practices. Agents who anticipate these changes now—by training their teams, restructuring their databases, and adopting appropriate tools—will not only avoid penalties but will also be better positioned to build lasting relationships of trust with their clients. To help you achieve compliance and adapt your practices to this new framework, please contact our customer service team, which is at your disposal.