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Building control privacy notice

1 Council Contact Details

1.1 West Northamptonshire Council

Registered Office:
One Angel Square
Angel Street
Northampton
NN1 1ED

Tel: 0300 126 7000
Website: West Northamptonshire Council

1.2 The Building Control service email is [email protected].

2 Information that we hold

We currently collect and process the following information for functions carried out by our Building Control Service:

  • names, addresses and contact details (phone numbers and email addresses) of:
    • applicants
    • agents
    • Clients
    • Principal Designer
    • Principal Contractor
    • representatives
    • public contributors
    • complainants
    • enquirers
  • bank account information
  • property or site details including floor plans
  • medical or health information where this is relevant
  • details of race and ethnic origin if provided
  • political opinions if provided
  • religious or philosophical beliefs if provided

3 How the information is obtained

3.1 Most of the personal information we process is provided to us directly by you or your representative for one of the following reasons:

  • as part of an application or pre-application
  • when processing quote requests
  • to receive and collect application and inspection payments
  • in connection with inspections
  • by contributing to applications
  • to make an enquiry, request or complaint
  • to report alleged breaches of building control, or regulations
  • to report dangerous buildings or structures
  • to give notice of demolitions
  • in connection with Initial Notices
  • to request copies of documents or records

We also receive personal information indirectly, from the following sources in the following scenarios:

  • Land Registry enquiries, to identify landowners, investigate allegations and serve notices
  • Council tax property ownership
  • complainants, reporting alleged breaches of building control or building regulations
  • when gathering evidence of contraventions or breaches of building control or building regulations
  • when visiting construction sites and in connection with site inspections
  • special category information such as political opinions, race or ethnic origin, religion or beliefs can be implicated within an application but not explicitly requested by the council, for example. a representative of a religious organisation submitting a building regulations application

3.2 There are a number of reasons why we need to collect and use your personal information. Generally, we collect and use personal information when:

  • it is necessary to meet our legal obligations set out in law
  • we are carrying out a task which is in the public interest which is supported in law
  • you have requested a service from us
  • you, or your legal representative, have given us your consent
  • on the basis of substantial public interest, when processing special category data, which will be proportionate to the aim pursued

The legislation or standard which supports this processing is:

  • Anti Social Behaviour Act 2003
  • Anti Social Behaviour, Crime and Policing Act 2014
  • The Building Act 1984
  • The Building Regulations 2010 (as amended)
  • The Building Safety Act 2022
  • The Building (Local Authority Charges) Regulations 2010
  • The Building (Approved Inspectors) Regulations 2010
  • The Building (Registered Building Control Approvers etc) (England) Regulations 2024
  • The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023
  • The Regulatory Reform (Fire Safety) Order 2005
  • The Party Wall Act 1996
  • The Building Control Performance Standards 2017
  • Electronic Communications Regulations
  • Environment Act 1995
  • Environmental Impact Assessment Regulations 2017
  • Environmental Information Regulations 2004
  • Local Audit and Accountability Act 2014
  • Localism Act 2011
  • Planning (Listed Buildings and Conservation Areas) Act 1990
  • Police and Criminal Evidence Act 1984
  • Town and Country Planning Act 1990
  • The Town & Country Planning (General Permitted Development) (England) Order 2015

4 What we do with the information

4.1 We use the information that you have given us in order to:

  • consider and determine applications
  • charge for applications
  • inspect work
  • determine compliance with regulations or standards
  • assess fee exemptions using health data
  • advise you of and carry out consultations
  • provide updates
  • carry out investigations and enforcement action
  • tell you the outcome of an application, enquiry, request or investigation
  • issue and serve notices

Failure to provide data:

  • such as the applicant name or other relevant information will mean your application cannot be processed
  • anonymous comments may not be considered and the contributor will not be kept up to date
  • anonymous complaints relating to alleged breaches of building control will not be investigated

4.2 Information may be shared in the following circumstances:

Building Control and Building Regulations applications:

  • Applicants’ contact information (phone numbers and email addresses) and signatures are not disclosed

Information provided for building control matters is made available:

  • to statutory consultees and public bodies being consulted, to assist in determining an application – such as the Fire Service and The Water Authority
  • to neighbouring properties as notification of an intended demolition
  • to consultants and contractors providing services to the Council

Building Control Enforcement:

  • the council will seek to maintain the confidentiality of a complainant at all times. Where an enforcement investigation proceeds to court, it may be necessary to identify the complainant

5 How long we keep your information for and how we securely dispose of it after use

5.1 We keep your personal information for the purpose of building control matters in line with the council’s retention schedules. Other supporting documents, reports, comments, letters of complaint or other types of correspondence vary in their retention schedule. Special category data to determine fee exemption will only be held until the exemption is confirmed.

5.2 We will securely dispose of your information in line with the Council's Retention Schedules.

6 How we store your information

6.1 Your information is securely stored electronically on the council’s systems. Hard copy files are also maintained and held in a secure environment.

7 Your data protection rights

7.1 The law gives you a number of rights to control what personal information is used by us and how we can use it. Please see section 15 of the council’s Corporate Privacy Notice for further information.

7.2 Please be aware that your rights may differ depending on the lawful basis for processing your personal data.

7.3 The right to withdraw consent

7.3.1 You can ask that we no longer use your details for keeping in contact with you. If you wish to exercise this right, please contact the Data Protection Officer detailed in section 8.1 below.

8 Who to contact

8.1 If you would like further information about how we use your personal information, or you wish to exercise one of your data rights or you wish to complain about the use of your personal information please contact the Data Protection Officer.

8.2 If you are still dissatisfied once you have contacted the Data Protection Officer, you have the right to complain to the ICO.

The ICO’s address:
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Helpline number: 0303 123 1113

You have a right to approach the Information Commissioner’s Office regarding your Information Rights at any time. Please visit Information Commissioner's Office website.

9 Changes to this privacy notice

9.1 Privacy notices are live documents, which will be updated or revised in line with legislation.

Last updated 15 August 2024