William Eichler 07 October 2015

Councils allowed to charge for property searches following landmark ruling

A ruling by the European Court of Justice (ECJ) means that local authorities will be able to charge and offset the costs of staff time spent producing information for property searches and other types of environmental information.

The decision comes after a number of disputes between local authorities and property search agencies over the costs of obtaining property search information under the Environmental Information Regulations 2004, which provides public access to recorded environmental information held by public authorities in England, Wales and Northern Ireland.

One such dispute was the test case on this issue brought by East Sussex County Council and 314 other local authorities, along with the Local Government Association, the Property Search Group (PSG) and the Information Commissioner (ICO).

Earlier decisions by courts in England and Wales meant that public authorities could only recover a limited amount of the costs (photocopying and postage, for example) of supplying environmental information.

The ECJ’s decision has now made it possible for authorities to recover the costs of staff time, although this does not include costs such as maintaining databases.

Cllr Claire Kober, lead resources portfolio holder for the Local Government Association (LGA), said: ‘This decision is good news for councils who will now have clarity over the costs that they can recoup for providing, finding and sending environmental information.’

‘Councils use significant amounts of staff time and resources providing the hundreds of thousands of requests they can receive each year from property search agencies. It is right that local government can continue to charge for this and that local taxpayers aren’t expected to foot the bill.’

Black hole spending review image

Black hole spending review

Jonathan Werran, chief executive of Localis, reflects on what the Spending Review means for local government.
SIGN UP
For your free daily news bulletin
Highways jobs

Portage Worker - SEND and Inclusion

Durham County Council
Grade 8 £31,586 - £35,235
Term-time only (plus one week) – Temporary for 18 months Term-time only (plus one week) – Temporary for 12 months   We are recruiting Portage Workers Spennymoor
Recuriter: Durham County Council

Social Worker

Durham County Council
£34,314 - £37,938 (pre-progression) / £39,513 - £43,693 (post-progression)
We are looking for social workers who have completed their assessed and supported year in employment to join our Families First Service. WHAT IS INVO Durham
Recuriter: Durham County Council

Receptionist

Durham County Council
£24,404 to £25,183 pro rata p.a. Grade 3 (£12.64 to £13.05 per hour)
Casual as and when required opportunity is available Spennymoor Leisure Centre. WHAT IS INVOLVED? In this role you will professionally welcome custom Spennymoor
Recuriter: Durham County Council

Lunchtime Supervisory Assistant

Durham County Council
£24,027 pro rata
2x Lunchtime Supervisory Assistant Vacancies Would you like to work with a group of wonderful children in order to help them to have a happy and sett Durham
Recuriter: Durham County Council

Enhanced Teaching Assistant

Durham County Council
£25,584 - £27,711?pro rata
Enhanced Teaching Assistant Grade 5     £25,584 - £27,711?pro rata Full time, Term Time Only + 2 Weeks Temporary – required from 1st September 2025 un Durham
Recuriter: Durham County Council
Linkedin Banner