European UnionA property ad hid the fact that there's a motorway being built next door. Is this a misleading omission?
Yes, omitting the planned motorway construction next door is likely a misleading omission under EU consumer protection law, as it deprives buyers of material information affecting property value and desirability.
What the Law Says
Under EU law, sellers and intermediaries must not omit material information that the average consumer needs to make an informed transactional decision. Hiding major infrastructure developments — like a motorway being built next door — falls squarely within this rule.
The Unfair Commercial Practices Directive (UCPD) sets harmonised standards across all EU Member States to protect consumers from misleading actions and omissions. A 'misleading omission' occurs when a trader fails to provide material information that the average consumer needs to take an informed decision — and this omission causes or is likely to cause the consumer to take a different transactional decision.
Property location and surrounding development plans are objectively material: they directly affect market value, noise, air quality, privacy, and long-term habitability. Courts and national authorities consistently treat such infrastructure plans as material — especially when publicly confirmed (e.g., via planning permission notices or official transport authority announcements).
The UCPD applies to all stages of a commercial practice — including advertising — and binds not only sellers but also estate agents, online platforms, and other intermediaries involved in presenting the property.
Statutory Text‘Misleading omission’ means withholding material information that the average consumer needs, according to the context, to take an informed transactional decision and thereby causing or likely to cause the average consumer to take a transactional decision he would not have taken otherwise.
— Directive 2005/29/EC, Art. 2(i) — Definition of ‘misleading omission’
Statutory TextA commercial practice is misleading if it omits material information… and thereby causes or is likely to cause the average consumer to take a transactional decision he would not have taken otherwise.
— Directive 2005/29/EC, Art. 6(1)(b) — Misleading omissions
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.