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

Library Service - Customer Service Officer

Kirklees Metropolitan Council
£13,201 - £14,071
Are you organised, detail-focused, and great at keeping things on track? Kirklees, West Yorkshire
Recuriter: Kirklees Metropolitan Council

Cleaner

Ashfield District Council
£8,508 - £8,642 per annum
The Facilities Management team are looking to employ an enthusiastic and committed operative Sutton-In-Ashfield, Nottinghamshire
Recuriter: Ashfield District Council

Instrumental Woodwind Teacher

Wakefield Council
£22,601.00 to £35,259.00, FTE. (Unqualified Teacher Pay Range)
Are you an excellent and enthusiastic woodwind teacher who can inspire and motivate children? Wakefield, West Yorkshire
Recuriter: Wakefield Council

Waste Enforcement Officer

London Borough of Richmond upon Thames and London Borough of Wandsworth
Starting Salary from £38,976 based on skills, k
Job TitleWaste Enforcement Off... London, Wandsworth
Recuriter: London Borough of Richmond upon Thames and London Borough of Wandsworth

Town Clerk

Biggleswade Town Council
£74,454 - £89,081
Biggleswade Town Council is looking to appoint a highly motivated and forward-thinking Town Clerk, to drive its services forward. Biggleswade
Recuriter: Biggleswade Town Council
Linkedin Banner