Guide for Perth agents
Virtual Staging Disclosure in Australia
What the Australian Consumer Law actually says about staged and edited listing photos, what applies to WA agents, and the practical rules that keep a campaign out of trouble.
Virtual staging is legal in Western Australia, but a staged or edited listing photo is still a representation about the property. Under the Australian Consumer Law an agent must not engage in conduct that is misleading or deceptive, or make a false or misleading representation about the characteristics of land. Intent does not matter. In practice that means: label staged images on the image itself, never use editing to hide defects or change fixtures, outlook or size, and keep the unedited original.
General information only, current as at 19 October 2026 — not legal advice. For a specific campaign, check with your licensee, REIWA or a lawyer.
The law that actually applies
There is no WA statute written specifically about virtual staging. The rules come from the general consumer law, which applies in WA as the Australian Consumer Law (WA), and from the code that binds WA agents.
- Section 18 — misleading or deceptive conduct. “A person must not, in trade or commerce, engage in conduct that is misleading or deceptive or is likely to mislead or deceive.” It covers any conduct, including the overall impression a photo gives.
- Section 29 — false or misleading representations about goods or services. This is the general list of specific false representations, such as claims that goods or services are of a particular standard or quality.
- Section 30 — false or misleading representations about land. The one that matters most for sales. It applies to the promotion “by any means” of the sale or grant of an interest in land, and prohibits false or misleading representations about, among other things, the location of the land, its characteristics, its use, and the facilities associated with it. The Act notes a pecuniary penalty may be imposed.
- WA Code of Conduct 2016, rule 11. When acting for a client, an agent or sales representative must not engage in conduct that is misleading or deceptive within the meaning of the Australian Consumer Law (WA). Rule 24 requires agents to make reasonable efforts to verify material facts and to promptly communicate a material fact to anyone who may be affected by it.
The stakes are real. For conduct from 10 November 2022, the maximum penalty per contravention of the consumer law’s penalty provisions is the greater of $50 million, three times the benefit obtained, or 30% of adjusted turnover for a company, and $2.5 million for an individual. Those are ceilings, not typical outcomes, but they show how seriously the law treats misleading conduct.
What the ACCC says about photos and fine print
The ACCC’s guidance on false or misleading claims sets out four points that map directly onto staged listing photos:
- Intent is irrelevant. “It makes no difference whether a business intends to mislead or not.”
- Images count. “Images and descriptions of what is offered” must be accurate and truthful, across advertising, social media and websites.
- The overall impression is what’s tested. Businesses should check that the overall general impression is accurate.
- Fine print can’t rescue it. Qualifications must not conflict with the overall message, and failing to disclose important information can itself be misleading.
On real estate specifically, the ACCC says agents must give complete and truthful information about a property, including its features, and that the rule applies whether a breach is deliberate or not. It also points out that it does not administer state real estate laws: in WA, agents are regulated by Consumer Protection.
Staging the room vs changing the property
The useful line is between presenting what is there and changing it. Virtual furniture in an empty lounge shows how the space could be used. Painting out a crack, adding a deck, or swapping the neighbour’s wall for a park view misrepresents the property’s characteristics, which is exactly what section 30 covers.
NSW Fair Trading’s advertising guidelines put it plainly: agents must not change the appearance of a property by digitally removing or adding features, while adjusting lighting only to compensate for poor lighting may be acceptable. That is NSW guidance, not WA law, but it is the clearest regulator statement in Australia on the point and it rests on the same national consumer law.
NSW has also gone further for rentals. On 29 June 2025 the NSW Government announced reforms requiring disclosure when rental advertising images have been altered to conceal faults, with penalties of $5,500 for individuals and $22,000 for businesses. WA has no equivalent rule at the time of writing.
And a label is not a licence. As First National’s Stewart Bunn told Money magazine about misleading edits, “the risk is real, even if a disclaimer is included.”
Practical rules for WA agents
Not a legal checklist — a working standard that keeps the overall impression accurate.
- Label every staged image on the image. “Virtually staged” in a corner of the photo survives portals, social posts and brochures. A line in the listing text does not.
- Show the empty room too. Include at least one unstaged shot of any staged room, so buyers can see what they are actually inspecting.
- Never hide defects. Cracks, damp, stains, damage and wear stay in the photo.
- Don’t alter fixtures or finishes. Benchtops, flooring, cabinetry, wall colours and built-ins should appear as they are.
- Don’t change the outlook or the block. No added views, pools, landscaping or lawn that isn’t there; no removed powerlines or neighbouring buildings.
- Don’t change the size. No stretching rooms or using furniture scaled to make a space read larger.
- Keep the unedited originals with the campaign file, so you can show exactly what was changed if anyone asks.
- Tell your vendor or landlord which images are staged before the campaign goes live, and follow any agency wording requirement.
How Baker Studio handles disclosure
Every image enhanced through Baker Studio comes back with a disclaimer marked into the bottom corner of the image, not in fine print. Decluttering is built to tidy a room, not strip it, and rain cleanup leaves genuine stains and cracks where they are. Staging runs from $1.50 an image self-serve, or $25 an image when we handle it as part of a shoot — details on the virtual staging page.
Virtual staging disclosure — common questions
Sources
- Competition and Consumer Act 2010 (Cth), Schedule 2 — Australian Consumer Law (ss 18, 29, 30)
- ACCC — False or misleading claims
- ACCC — Real estate
- WA Legislation — Real Estate and Business Agents and Sales Representatives Code of Conduct 2016
- Consumer Protection WA — Do you know your advertising requirements? (Real estate bulletin 98)
- NSW Government — Advertising guidelines for property agents
- NSW Government — Ministerial release on misleading rental ads (29 June 2025)
- Gadens — Increased competition and consumer law penalties now take effect
- Money magazine — AI real estate photos: what’s legal
We could not find published REIWA guidance specifically on virtual staging at the time of writing. REIWA members should check with REIWA directly.
Staged images that come back labelled
Self-serve on Baker Studio, or added to your next shoot.