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.’

Skills Pipelines: What local government needs to know image

Skills Pipelines: What local government needs to know

Councils and mayors are to be handed a central role in developing skills pipelines for local industries, as the Government unveils what it calls a ‘fundamental change’ to the education system aimed at tackling youth unemployment. Here's what council leaders and officers need to know.
SIGN UP
For your free daily news bulletin
Highways jobs

Enhanced Social Work Practitioner

Durham County Council
Grade 12 - £44,075 - £48,226 per annum. Pay award pending.
Do you believe every child deserves to grow up surrounded by love, family, and a sense of belonging?   Are you an experienced social worker ready to p Durham
Recuriter: Durham County Council

Principal Accountancy Assistant

Durham County Council
£38,220 to £41,771 p.a. (Grade 10) Pay award pending
We are currently recruiting for two Principal Accountancy Assistant positions, one of the posts is within the Financial Technical Accounting Team, sup Durham
Recuriter: Durham County Council

Lecturer in Health, Care and Education

Durham County Council
Grade 9, £35,412 - £39,152 pro rata per annum. Pay award pending.
We are looking for an enthusiastic and dedicated Lecturer with experience in Health & Social Care and Education who is passionate about helping adults Durham
Recuriter: Durham County Council

Care Support

Durham County Council
Grade 4 £25,583 - £26,824 pro rata pa. (Pay award pending).
We have an exciting opportunity to join our Pathways Service, which delivers high-quality day services for adults with complex needs, Monday to Friday Spennymoor
Recuriter: Durham County Council

School Driver

Durham County Council
£24,796 pro-rata
Fixed Term Contract until 31 August 2027 Part-time - 7.5 hours per week- 7.15am – 8.45am Monday to Friday. Term Time Only Required to start 1st Septem Durham
Recuriter: Durham County Council
Linkedin Banner