GDPR query

[DrFfybes]

We are looking to buy a house in Shropshire.

A garage with bedroom above gained planning in 2001, but the top floor wasn't built. We asked the vendor who says ground conditions meant deeper foundations were required. The vendor says they built deeper ones, but ran out of money for the upper story. We want to check what was built, which should be on the Building Regs file.

The council says they cannot show us the file under GDPR, even though the plans and details are available. Our solicitor could request it and it would be released.

My understanding is GDPR only applies to personal data, not one relating to a structure, and even so "The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities."

So are Shropshire CC just trying to fob me off?

thanks

Paul

[Breelander]

So are Shropshire CC just trying to fob me off?

Sure does sound like it....

You have the right to ask to see recorded information held by public authorities.
The Freedom of Information Act (FOIA) and Freedom of Information (Scotland) Act (FOISA) give you the right to see information.

https://www.gov.uk/make-a-freedom-of-in ... on-request

[bungeejumper]

Surely it must have been in the vendor's interest to make access to the document easy? Wouldn't this sort of thing have been in the TA6 sales pack'?

https://www.kfh.co.uk/resources/sellers ... e-required

BJ

[DrFfybes]

Surely it must have been in the vendor's interest to make access to the document easy? Wouldn't this sort of thing have been in the TA6 sales pack'?

https://www.kfh.co.uk/resources/sellers ... e-required

BJ

The house is on with Purple Bricks - sort of saying "We're not too bothered if we sell so pay us what we want or go away" sowe want to check this detail before spending any money. We made a cash offer 6% under the asking price which was swiftly refused. We're in no rush, neither are they, so whilst we like the place weare not at all confident things will pan out properly,

I think the TA6 pack usually only becomes available when the sols send you the forms to fill in.

Paul

[pochisoldi]

Surely it must have been in the vendor's interest to make access to the document easy? Wouldn't this sort of thing have been in the TA6 sales pack'?

https://www.kfh.co.uk/resources/sellers ... e-required

BJ

The thing with the TA6 and subsequent enquiries is that when you ask a question that the vendor doesn't know the answer to, it is quite legit to respond "I don't know". The more technical/obscure the the question, the more likely that "plausible deniability" will work.

As far as the local building control office is concerned, their contradictory claim of "GDPR means no" and "solicitors request means yes" should be read as "If this is a casual enquiry - go away, if you are serious, then we will give you the information". The smaller the council, the more likely you are to run up against this kind of obstructive attitude. A FoI request would probably get the information released to a member of the public, but again, expect a smaller council to spend more effort (and get more job satisfaction) refusing the request than actually finding a way of keeping their "customer" happy.

[didds]

Our solicitor could request it and it would be released.

so what if you were doing your own conveyancing?

sounds rubbish to me - a CYA approach

didds

[pochisoldi]

Our solicitor could request it and it would be released.

so what if you were doing your own conveyancing?

sounds rubbish to me - a CYA approach

didds

Nope it's a "bugger off, leave me alone, I'm too busy dunking my biscuit in my brew" response.

[modellingman]

We are looking to buy a house in Shropshire.

A garage with bedroom above gained planning in 2001, but the top floor wasn't built. We asked the vendor who says ground conditions meant deeper foundations were required. The vendor says they built deeper ones, but ran out of money for the upper story. We want to check what was built, which should be on the Building Regs file.

The council says they cannot show us the file under GDPR, even though the plans and details are available. Our solicitor could request it and it would be released.

My understanding is GDPR only applies to personal data, not one relating to a structure, and even so "The GDPR does not apply to certain activities including processing covered by the Law Enforcement Directive, processing for national security purposes and processing carried out by individuals purely for personal/household activities."

So are Shropshire CC just trying to fob me off?

thanks

Paul

If Shropshire are anything like County Durham, then GDPR may have put the fear of god into them. I have no idea what is held on the Building Regs file but if it includes anybody's name (such as the applicant for building control approval) then the council may well take the view that this means it constitutes personal data and can't be released. GDPR has made data protection the new elf and safety in quite a lot of areas.

I had a similar experience in a completely different context last Summer. I let to students and each year I send the CC the names of the tenants so that the properties and tenants get the student exemption from council tax. This year they wouldn't accept that and I had to send a separate notification for each property. The reason given was GDPR - if anybody made a subject access request, the Council argued, it would be necessary to release my email to them and this would disclose personal data of tenants in properties other than the one the data subject had lived in.