Privacy Notice for Local Land Charges

We provide a Local Land Charges Direct service - an electronic search service of our local land charges register of information (commercial and residential) about any conditions or restrictions which may potentially limit the use of a land or property or any financial liability against the same.

Processing activity: - There are two parts to a local authority search:

(a) The LLC1 Local Land Charges Search – covers any charges or attendant restrictions relating to land or property. These can include whether the property is:

  • a listed building
  • subject to a tree preservation order
  • situated in a smoke control zone
  • in need of an improvement or renovation grant
  • affected by a planning agreement
  • affected by conditional planning permissions

(b) The Con29 Local Authority Search - supplies information relating to and which could affect the property:

  • public highways
  • proposals for new roads
  • rail schemes
  • planning decisions
  • financial charges imposed by the Council
  • outstanding statutory notices, breaches of planning or building regulations or the existence of a compulsory purchase order
  • environmental factors, such as whether the property stands on contaminated land or in a Radon gas affected area

The CON29 (O) optional form - which deals with:

  • applications on roads proposed by private bodies
  • completion notices
  • land maintenance notices
  • environmental and pollution notices
  • environmental searches (to determine a risk of flooding for example, as well as the proximity of any waste sites or potentially contaminated sites)
  • water authority searches (which show any public sewers within the boundaries of the property which could impact upon future building or development)
  • Chancel Repair reports (to determine if the property is liable for church repair contributions)

In general terms, we process personal information relating to:

  • personal searches
  • history of search requests
  • general correspondence between you and us

Information requirements - our processing activities may include:

  • full name/company name
  • your address including postcode
  • telephone number
  • email address
  • address of property or land the subject of the search
  • registration details – including passwords
  • record of fee payments (excluding debit/credit card details)

Your personal data will either have been provided by you directly to us or it is data provided to us by a third party authorised to act on your behalf, such as a solicitor, conveyancer, mortgagee or agent.

Lawful bases1- our lawful bases for processing your personal information are:

  • our legal obligation(s) under the Land Charges Act 1975
  • where needed for the performance of a task carried out in the public interest (under the above legislation)
  • in the exercise of official authority vested in us (under the above legislation)

Data sharing - we may share and receive information from:

  • our department(s) including Legal Services, Planning, Building Control and Environmental Health
  • Courts/tribunals
  • Land Registry
  • Ombudsman
  • lawyers and other professionals who may be acting on your behalf

We may also 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 - we keep your personal information for the minimum period necessary. The information outlined in this Privacy Notice will be kept in accordance with the retention periods referred to in our Asset Information Register. All information will be held securely and disposed of confidentially.

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.

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.

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.

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 Local Land Charges Privacy Notice