This notice provides details of what information we collect from you, what we do with it and who it might be shared with.

Identity and contact details of the controller and the data protection officer

Falkirk Council is the data controller. You can contact the data protection officer at:

Data Protection Officer
Municipal Buildings
West Bridge Street
Falkirk
FK1 5RS

Frequently asked questions

  1. Table of contents

Why do we collect this information?

The Building Standards Unit processes applications submitted to the Council in its role as Verifier for the Falkirk Council area. The information provided will be used to process and determine building warrant applications, completion certificate submissions, letters of comfort and requests for copy documents.

Information is being collected for the following purposes:

  1. To allow us to carry out our statutory functions under the Building (Scotland) Act 2003 and related building standards legislation.
  2. To contact you and inform you in relation to the submission and assessment of applications.
  3. To allow us to consider and respond to general building standards enquiries.
  4. To allow us to deal with any matters relating to enforcement or dangerous buildings.

The legal basis for each purpose is set out below:

Legal basis Purpose
Consent  
Performance of a contract  
Legal obligation 1,2,3,4
Vital interests  
Task carried out in the public interest 1,2,3,4
Legitimate interests  

In relation to these purposes we must comply with various pieces of legislation. Some of the key legislation is listed below.

  • The Building (Scotland) Act 2003
  • The Building (Procedure) (Scotland) Regulations 2004

What information do we collect?

We collect your name, signature and contact details, including your postal address, email address and/or phone number. We may collect information about health/disability if relevant to an application as your application may be fee exempt.

If you use the online payment facilities offered on the website you will be asked for your bank details which are stored on a secure server operated by our online banking partner.

We may also keep copies of your communications with us and our responses.

To investigate or enforce legislation we may be required to collect information specific to businesses including registered owners, business address and contact details.

To report breaches of building standards legislation to the Procurator Fiscal we may collect information relating to name and address, contact details and land ownership interests.

If you provide anyone else's details in your application, please make sure that you have told them that you have given their information to Falkirk Council. We will only use this information to contact them in relation to the application/correspondence you have made or in carrying out our building standards functions.

Where do we collect information from?

We get your information from communications with us, for example when you submit an application or an enquiry to us.


Who might we share your information with?

Applications

Certain information included in applications will be made available for public viewing. The Building (Scotland) Act 2003, requires Falkirk Council to keep a Building Standards Register covering the geographical area of the authority. Consisting of 2 parts, Part 1 of the register contains data with Part II containing documents.

Part I of the register is electronic. It must be available on the Council's website and be kept permanently.

It contains details of applications for warrants and amendments to warrant, decisions on the applications, any certificates from approved certifiers of design or construction submitted with warrants and completion certificates, any conditions relating to grants of warrants, any enforcement notices when issued, altered or withdrawn and any continuing requirements imposed by warrant.

Part II of the register contains copies of warrants and completion certificates, certificates from approved certifiers of design and construction, the principal drawings and specification and any other documents submitted in connection with the application.

The documents contained within Part II require to be kept for 25 years however details of complex buildings should be kept until the building is demolished but at least 50 years.

The Building Standards Manager in conjunction with the Local Authority Archivist will agree which records are to be disposed of after 25 years.

We may also need to share information with statutory consultees.

Sharing with Council Services and organisations

The Council has a duty to protect public funds. We may check your information within the Council for verification purposes and for the prevention of fraud. We may share your information with other organisations where we are required to do so for the purposes of the prevention or detection of crime. We are also legally obliged to share certain data with other public bodies. We will also generally comply with requests for specific information from other regulatory and law enforcement bodies where this is necessary and appropriate


Will we send your information outwith the UK?

Your information will be stored and processed in premises in the Council area or on servers based in the UK. While it may sometimes be necessary to transfer personal information overseas, any transfers will be in compliance with data protection law.


How long do we keep hold of your information?

We keep your information as long as required by law or by our business requirements. We have a Business Classification Scheme in place which sets out the types of records we hold, and how long we hold them - you can access the relevant part of the scheme below.

Planning and Building Standards

What are my rights in relation to the information held about me?

You have the following rights:

  • To see any information held about you by making a subject access request.
  • To withdraw consent at any time, where the legal basis for processing is consent.
  • To data portability, where the legal basis for processing is (i) consent or (ii) performance of a contract.
  • To request rectification or erasure of your information, where data protection legislation allows this.

Do I have a right to complain about the way information has been used?

If you have a concern about the way we are collecting or using your personal data, please let us know and we will try to resolve this. If you are still concerned, you can contact the Information Commissioner:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow, Cheshire
SK9 5AF

or if you prefer to use a national rate number:


Do I have to provide my personal data to you?

We require your information to process your application (or representation) made under the Town and Country Planning (Scotland) Act 1997 and related planning legislation and to deal with general planning enquiries and enforcement matters.

There may be consequences if you do not provide your information. Depending on the situation, the consequences may include:

  • Your application not being accepted by us as valid.
  • Your representation not being accepted by us.
  • No contact information to inform you of the outcome of the Council's determination of an application.
  • No contact information to issue a response to your request for information or your enquiry.
  • No contact information for us or the DPEA to contact you.
  • Missing information for stakeholders (the public, developers, Council services, government agencies and so on) to consider a planning matter.

Do you use any automated processes to make decisions about me?

No. We do not use automated decision making processes.


This notice was last updated in November 2020.