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

Triage Advisor

Durham County Council
Grade 5 £27,274 - £29,542
We’ve got an exciting opportunity for a passionate and people-focused individual to join DurhamEnable as a Triage Advisor, supporting the Connect to W Durham
Recuriter: Durham County Council

Specialist Support Worker

Durham County Council
Grade 6 £29,071- £32,046 pro rata to hours worked
We are seeking to appoint a Specialist Support Worker for d/Deaf children and young people to work mainly within our Enhanced Learning Provisions in C Durham
Recuriter: Durham County Council

Lunchtime Supervisor

Durham County Council
£25, 614
Temporary contract until 21st July 2027 Part Time- 7.5 hours per week. Term Time Only Required to start 01/10/2026 (or as soon as possible)   The Gove Durham
Recuriter: Durham County Council

X3 Enhanced Teaching Assistants

Durham County Council
£29,071- £32,046 pro rata
Hours on site may vary due to training and meeting commitments- Staff are typically expected on site 8
Recuriter: Durham County Council

Team Manager - Connected Carers Team

Durham County Council
Grade 14, £51,928 - £56,293
We are looking for a Team Manager to join our Fostering service.  In Durham we strive to keep our children within their family, if at all possible an Seaham
Recuriter: Durham County Council
Linkedin Banner