Building regulations privacy notice
Published: 29 April 2021
Our contact details
Name: Data Protection Officer
Address: Time Square, Market Street, Bracknell, RG12 1JD
Phone Number: 01344 352000
The type of personal information we collect
We currently collect and process the following information:
- personal identifiers, contacts and characteristics (for example, name and contact details)
- building regulations applications, initial notices and final certificates
- demolition notices
- complaints and enquiries relating to building work, dangerous buildings and buildings open to access
- work done by competent persons
How we get the personal information and why we have it
Most of the personal information we process is provided to us directly by you for one of the following reasons:
- to process your application or the service you need for building regulations compliance
- to enable us to be able to issue valid certificates or permits and communicate effectively with you about your application
- if you are the owner of a building or structure that becomes dangerous we may collect your personal information so that we can resolve the issue in accordance with dangerous building and structure legislation
If you do not provide your name and address we are unable to legally process your building regulation application.
For the purposes of processing your application quickly and providing you with an efficient service, we ask that you also voluntarily provide us with a contact telephone number and email. These details do not have to be given and you can request that they are removed at any time, however this may result in delays if the council needs to contact you about your application.
We also receive personal information indirectly, from the following sources in the following scenarios:
- if we receive a neighbour complaint, or complaint from a member of the public or organisation in relation to a matter of concern for our service and they provide us with data which relates to you
We use the information that you have given us in order to administer and discharge the functions required of us under the Building Act 1984 and the Building Regulations (as amended) 2010 to make sure of:
- the health, safety and welfare of people in and around buildings
- the energy efficiency of those buildings
An example of this may include issuing you with statutory notices or contacting you to arrange inspections of your property during construction works or dangerous events.
How the law allows us to use your personal information
The Building Regulations (as amended) 2010, sections 13,14 and 18, makes it a requirement that any persons who undertakes building work at their premises applies for building control consent. In applying for building control consent you must provide your name, address and contact details.
The council also has a statutory duty to protect members of the public from dangerous buildings or structures under the Building Act 1984, sections 77,78 and 79. In doing so it may be necessary to get the name and address of the building or structure owner so that the dangerous condition of the structure or building can be abated or if the council has to exercise its enforcement powers in relation to the matter.
Lawful basis for processing
Under the Data Protection Act 2018 General Data Protection Regulation (GDPR), the lawful basis for processing is Article 6 GDPR:
- (c) processing is necessary for compliance with a legal obligation to which we are subject
Who we share your information with
Information held by the council may be shared with:
- other council departments
- other relevant local authority building control teams within England or Wales, if your application has been submitted under a partner agent registered with the national LABC partnership scheme
- other local or national enforcement agencies
- legal services
- investigative contractors and other third parties to prevent crime, protect the public form harm or fraud and protect public funds
- statutory consultants such as Thames Water or the fire and rescue service
How we store your personal information
Your information is securely stored in our electronic database and administration system.
The council will keep a record of building regulation applications for a period of 15 years.
This is in accordance with the council's retention policy, which in turn is taken from government guidelines published in the building control performance standards document.
Information in relation to dangerous structures will be retained for a period of 7 years from the last action in the case, in line with local government best practice.
Retention periods are laid out in the council’s retention and disposal schedule.
Your data protection rights
Under data protection law, you have rights we need to make you aware of. The rights available to you depend on our reason for processing your information.
Your right of access
You have the right to ask us for copies of your personal information. This right always applies. There are some exemptions, which means you may not always receive all the information we process.
Find out more about your right of access from the ICO.
Your right to get your data corrected
You have the right to ask us to correct information you think is inaccurate. You also have the right to ask us to complete information you think is incomplete. This right always applies.
Find out more about your right to get your data corrected from the ICO.
Your right to get your data deleted
You have the right to ask us to delete your personal information in certain circumstances.
Find out more about your right to get your data deleted from the ICO.
Your right to limit how organisations use your data
You have the right to ask us to limit the processing of your information in certain circumstances.
Find out more about your right to limit how organisations use your data from the ICO.
Your right to object to the use of your data
You have the right to object to processing if we are able to process your information because the process forms part of our public tasks.
Find out more about your right to object to the use of your data from the ICO.
Your right to data portability
This only applies to information you have given us. You have the right to ask that we transfer the information you gave us from one organisation to another, or give it to you.
The right only applies if we are processing information based on your consent or under, or in talks about entering into a contract and the processing is automated.
Find out more about your right to data portability from the ICO.
Making a request
You are not required to pay any charge for exercising your rights. If you make a request, we have 28 days to respond to you.
To make a request, contact us by:
- email: firstname.lastname@example.org
- phone: 01344 354100
As a public authority and a provider of services to the public, we have a legal duty to comply with the Equality Act 2010.
This means we need to make service adjustments for anyone with a disability who contacts us in any capacity, to eliminate any barriers to accessing our services.
Our lawful basis for processing this information is article 6(1)(c) of the GDPR as we have a legal obligation to provide this. Our processing of special category data, such as health information you give us, will be based on article 9(2)(a), which means we need your consent.
We will create a record of your adjustment requirements. These will give your name, contact details and type of adjustment required, along with a brief description of why it is required. Relevant staff can access this to make sure they are communicating with you in the required way.
To request service adjustments, contact us by:
- email: email@example.com
- phone: 01344 354100
How to complain
If you have any concerns about our use of your personal information, you can make a complaint to us at firstname.lastname@example.org
You can also complain to the ICO if you are unhappy with how we have used your data by:
- visiting the ICO website
- phoning the ICO helpline on 0303 123 1113
Information Commissioner’s Office
- Information Commissioner’s Office