We check that works to new and altered buildings in the borough of Dartford comply with building regulations including responding to suspected breaches of building regulations. We need to collect your personal information to administer our building control function.
Most of the personal information we hold about you is provided by you in your application(s) and supporting document(s). The information collected and held will vary and depend on the nature of the service.
Processing activity - we will process personal information relating to:
- building regulations’ approvals;
- refusal notices;
- MHCLG determinations (in respect of the compliance of plans of building work with the building regulations)
- full plans’ applications;
- building notice applications;
- applications for variations of building regulation; approval
- pre-application advice from the earliest stages of the project design;
- building works’ inspections;
- fire safety consultations;
- means of escapes in case of fire details;
- final certificates;
- completion certificates;
- dangerous structures;
- demolitions counter notices;
- competent persons’ register;
- initial notices register;
- structural engineers’ details;
- specialist consultants’ details;
- investigating and if applicable, prosecuting for breaches of building regulations;
- site meetings;
- record of payment of fees (excluding bank/credit card details);
- general correspondence between you and us on matters related to the building control service
Information requirements - our processing activities may include:
- your address, telephone number, email address (applicant and/or agent);
- site address/location of building;
Lawful bases 1- our lawful bases for processing your personal information are:
- UK GDPR Article 6(1)(c) - our legal obligation(s) under the Building Act 1984
- UK GDPR Article 6(1)(c) - our legal obligation(s) under the Building Act 2010 supported by Approved Documents
- UK GDPR Article 6(1)(e) and DPA 2018, section 8(c)- necessary for the performance of a task in the public interest or in the exercise of official authority vested in the Data Controller under the above legislation
- where processing is necessary for the reasons of substantial public interest (UK GDPR Articles 9(2)(g),10(1) and DPA 2018, section 10(3) and Schedule 1, Part 2, para.10) under the above legislation
Reasons for processing - some of the information that is collected and shared is classified as:
- special category personal data - UK GDPR Article 9(1)
- criminal convictions and offences (including alleged offences) - UK GDPR Article 10(1)
This is processed for reasons of substantial public interest under the laws that apply to us (see above) where this helps to meet our broader social obligations such as where it is necessary for us to fulfil our legal obligations and regulatory requirements. We have a Data Protection Policy that sets out how this information will be handled.
Data sharing - we may share your personal information with a number of other organisations such as our partner building control authorities who are members of the LABC Partner Authority Scheme. We may also share your information with our planning services department, Homes Communities and Local Government and with law enforcement agencies such as the police to aid with the detection and prevention of criminal acts.
We may rely on a number of exemptions, which allow us to share information without needing to comply with all the rights and obligations under the Data Protection Act 2018. Please refer to the Kent and Medway Information Agreement for further details on our sharing arrangements.
Retention period - to ensure that we have a full history of building regulations activity applying to your property(ies), we archive your case file following its closure.
Anonymisation - your personal information may be converted ('anonymised') into statistical or aggregated data in such a way that ensures that you cannot be identified from it. Aggregated data cannot, by definition, be linked back to you as an individual and may be used to conduct research and analysis, including the preparation of statistics for use in our reports.
Soft-opt in - we have a role in checking that Building Regulations are being complied with. Following your submission of your planning application, we will contact you to discuss the building control service we can provide. You will be given the opportunity to opt-out of any further communication from us when we first contact you and in any subsequent communications. You can do this by clicking the opt-out link at the bottom of our communications or by writing to us at the address given in our communications.
We will not sell your personal information to third parties.
Right to object - where processing your personal information is required for the performance of a public interest task (see our lawful bases above), you have the right to object on ‘grounds relating to your particular situation’. We will have to demonstrate why it is appropriate for us to continue to use your personal data.
You have the absolute right to stop your personal information being used for direct marketing.
Changes to this Privacy Notice - we review this Privacy Notice regularly and will place updates on our website.
Please refer to our Corporate Privacy Notice for further details of how we process your personal information and for details on your additional rights.
1 Note that we may process your personal information on more than one lawful basis depending on the specific purpose for which we are using your information
GDPR/ Privacy Notice Building Control Services