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.’

SIGN UP
For your free daily news bulletin
Highways jobs

Transformation Lead

The Royal Borough of Kensington & Chelsea Council
£53076 - £54076 per annum
Bring your children's social care knowledge to lead digital transformation and help shape better systems, processes and services for practitioners, ch England, London, City of London
Recuriter: The Royal Borough of Kensington & Chelsea Council

Referral Taker

Gloucestershire County Council
£28,142 - £29,540 per annum
Are you an experienced Adult Social Care Administrator looking for an opportunity to develop your career? Gloucestershire
Recuriter: Gloucestershire County Council

Floor Layer

Durham County Council
£36,040 p.a. (Made up of £24,027 salary plus £12,013 p.a Interim Operational Allowance)
Durham County Council have an exciting opportunity for the role of a permanent Floor Layer working within Corporate Property and Land, Strategic Facil Durham
Recuriter: Durham County Council

Headteacher

Durham County Council
£67,898 to £78,702
Permanent Contract - Full Time Required to start January 2027 N.O.R. 187 plus nursery (group 2).   The Governors seek to appoint a committed, experien Peterlee
Recuriter: Durham County Council

Occupational Therapist

Gloucestershire County Council
£37,280 - £40,777 per annum
Are you passionate about supporting adults to live independently and achieve what matters most to them? Gloucester, Gloucestershire
Recuriter: Gloucestershire County Council
Linkedin Banner