Virtual staging and photo editing rules in Victoria
Editing is normal in real estate photography. Editing that changes what a buyer would find at the inspection is not. This is where the line sits in Victoria, and how we work to it.
Updated 29 October 2026 · 3 min read
Key takeaways
- Consumer Affairs Victoria says agents shouldn't use photos “digitally or otherwise enhanced to hide undesirable features or promote other features”.
- An offence can happen whether or not anyone meant to mislead, and the principal agent is responsible for the agency's advertising.
- Colour correction, straightening, removing temporary clutter and labelled virtual staging are fine. Removing permanent features is not.
- Label every virtually staged photo on the image and keep the unstaged original in the listing.
The rule in Victoria
Consumer Affairs Victoria's guidance for estate agents says: “You should not use photographs that give the wrong impression of a property.” It lists two kinds of photos to avoid:
- photos with comments or other photos that suggest a property has views, or is close to amenities such as parks, beaches, schools, transport or recreational facilities, when it isn't;
- photos “digitally or otherwise enhanced to hide undesirable features or promote other features”.
Two more lines from the same page matter for anyone editing listing photos: “An offence can occur whether or not you intended to mislead or deceive,” and “A principal agent or officer in effective control (OIEC) is responsible for the accuracy of their agency's advertising.” A false or misleading ad can cost up to 25 penalty units (about $5,200) under the Estate Agents Act, and the national Australian Consumer Law ban on misleading or deceptive conduct applies on top of this.
Victoria has no separate rule that says “label AI images”. The test is simpler and stricter: would the photo give a buyer the wrong impression of the property?
What's fine and what isn't
| Edit | Our approach | Why |
|---|---|---|
| Colour, exposure, white balance | Always | Shows the home as it looks in person |
| Straightening verticals, lens correction | Always | Removes camera distortion, not features |
| Removing bins, cars, cords, clutter | Yes | Temporary things the buyer won't see at inspection |
| Lawn touch-up on small bare patches | Light touch only | Large dead areas are a real condition of the property |
| Sky replacement (grey to blue) | Yes, kept natural | Weather isn't a feature of the property |
| Day-to-dusk conversion | Yes, as a marketing image | Reads as a stylised shot; we don't add lights that don't exist |
| Virtual staging (adding furniture) | Yes, labelled | Shows how a room could be used; the label and original stop it misleading |
| Removing power lines, poles, towers | Never | Permanent features a buyer would find |
| Removing neighbouring buildings or walls | Never | Changes the outlook and privacy |
| Hiding damage, stains, cracks | Never | Hides undesirable features |
| Adding views, water, greenery that isn't there | Never | Promotes features the property doesn't have |
| Changing room sizes or proportions | Never | Misrepresents the space |
How to label virtual staging
Virtual staging is useful for empty homes, new builds and rentals. Buyers and renters understand it, as long as they know it's there. We deliver staged photos with:
- a visible “Virtually staged” label on the image itself, not just in the listing text;
- the unstaged original of the same room, to run alongside it;
- furniture at a realistic scale for the room, with nothing that hides walls, floors or fixtures.
Never stage over a problem: a stain on the carpet under a virtual rug is still a hidden defect. See virtual staging for how we do it.
What's changing elsewhere
NSW passed a law on 24 September 2026 that makes landlords and agents disclose digitally generated or altered images in rental ads when they're reasonably likely to mislead. It's expected to start in early 2027, covers rental ads only, and carries fines of up to $22,000 for businesses. Queensland's Office of Fair Trading published an AI and editing guide in June 2026. If you list across the border, see the rules in every state.
A quick check before you publish
- Would a buyer at the inspection see anything the photos hid?
- Is every staged photo labelled on the image, with the original included?
- Do the window views in the photos match the real views?
- Does any caption suggest a view, park, beach or station the property isn't close to?
If the answer to any of these is wrong, fix the photo or the caption before the listing goes live. Getting it right is the agency's responsibility, and it's quicker to fix now than after a complaint.
Sources
- Consumer Affairs Victoria: Advertising and representations, estate agent obligations (updated 9 September 2026)
- Consumer Affairs Victoria: Penalties, estate agents (updated 1 July 2026)
- NSW Government: Renters get landmark protections against privacy breaches and misleading rental ads (25 September 2026)