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National Empty Homes Privacy Notice

Privacy notice relating to the processing of personal data by Rhondda Cynon Taf County Borough Council for the purpose of the National Empty

Introduction

This privacy notice is intended to provide information about how Rhondda Cynon Taf County Borough Council (referred to as ‘RCTCBC,’ ‘Council,’ ‘Local Authority,’ ‘we’) will use (or ‘process’) personal data about individuals for the purpose of the National Empty Homes Grant Scheme.

This notice should be read in conjunction with;

The Data Controller

The Council is the data controller for the personal data processed for the purposes of the national empty homes grant scheme.

The Council is registered with the Information Commissioner’s Office (ICO) as a controller under reference Z47870100.

Queries relating to this privacy notice

If you have any questions or queries relating to this privacy notice please contact the Empty Homes Grant team:

By email : GrantiauCartrefiGwag@rctcbc.gov.uk / EmptyHomesGrant@rctcbc.gov.uk

In writing : Prosperity and Development

                 Housing Investment and Grants

                 Sardis House

                 Sardis Road

                 Pontypridd

                 CF37 1DU       

Who we are what we do

The Empty Homes Teamwork with Local Authorities in Wales to deliver empty home grant applications.

All 22 Local Authorities in Wales have been invited to join and sign up the national scheme, please click here to see if your Local Authority has signed up.

The Scheme offers applicants a grant to bring their empty homes back in to use. It supports the delivery to return empty homes into use, help regenerate communities, provide more choice and suitable accommodation for residents.

Whose personal data we process.

We process personal data relating to the following individuals to administer the empty homes application;

  • Property owners / applicants and anyone over the age of 17 who is to live in the property (for the purposes of providing consent to the Legal charge).

The categories of personal data we process

We may process the following categories of personal data to process the application;

  • Name and address
  • Contact information including mobile or landline telephone number and email address
  • Date of birth
  • National Insurance Number
  • Bank Account details (for payment of grant aid)
  • Evidence of ownership of property (including Land Registry Title documents), Business accounts and Self-Assessment details
  • Property valuation and mortgage details.
  • Other personal information submitted as evidence in support of your grant application
  • Details of other persons related to your application, this can include your partner and other members of your household
  • Benefit entitlement and supporting information

We may receive/collect the following information from others in support of your application:

  • Confirmation of your Ownership of your property (for which grant aid is sought), 
  • Confirmation of the length of your occupancy of property
  • Confirmation of your entitlement to Reduction in Council Tax
  • Confirmation that you have registered that you will be living in the property
  • Confirmation of your National Insurance Number
  • Evidence of ownership / tenancy of property
  • Proof of identity (for example, but not restricted to; passport, driving license, utility bill etc).

Why we process the personal data

We process the personal data to administer your grant application. This may include but is not limited to the following activities;

  • Provide pre-application advice
  • Check with other Council departments such as Council Tax to assess eligibility
  • Assess and approve and make payments in respect of your application for Discretionary Grant Assistance
  • Enable assessment of Discretionary Grant applications made by members of your household/family
  • To make a payment to you or your chosen contractor which could include, builder, electrician, plumber, architect etc in respect of your grant application
  • Issue an instruction to register a Legal Charge in respect of your grant award
  • Gather customer feedback information in respect of the application process and if you would like to take part in promotion of the scheme (to include internal/external reporting and/or social media)

Our lawful basis for processing the personal data

Under the General Data Protection Regulation (GDPR), our lawful basis for processing the personal data in relation to the National Empty Homes Grant Scheme is;

  • Public Task - Article 6 (e) – processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
    • Substantial public interest - Article 9 (2) (g) - processing is necessary for reasons of substantial public interest, on the basis of statutory and government purposes.

The primary legislation, regulations and guidance that supports this includes, but is not limited to;

  • Housing Grants, Construction & Regeneration Act 1996
  • Housing Renewal Grants Regulations 1996
  • Regulatory Reform Order, Private Sector Housing Renewal 2002
  • Rhondda Cynon Taf County Borough Council Private Sector Housing Policy 2014

Who or where we get the personal data from

We may receive the personal data from the following categories of individuals or organisations;

  • You, the applicant and upon completion of the grant application form
  • Enquiries via telephone, email, letter, online enquiry
  • Local Land Charges Searches
  • Land Registry Search
  • Other service areas within the Council e.g., Council Tax, Housing Benefits
  • Information provided by the Local Authority where the empty property is that you own/intend to own.

Who we share personal data with

We may share the personal data with the following key organisations to administer your application.

When sharing the personal data, we only share the minimum amount necessary in relation to the purpose.

Who

Purpose

Other Council departments such as but not limited to

  • Council Tax
  • Housing Benefits
  • Legal
  • Finance
  • To confirm whether the home meets the minimum period eligibility criteria for being empty (12 months at the point of application)

 

  • To provide instruction for submitting the application to the Land Registry for registering the Legal Charge against the property.
  • To set applicants up on the creditor system to enable payment to be released.

The Local Authority where the empty property is that you own/intend to own

So that the Local Authority can make arrangements (with grant surveyors) to attend the property to assess condition and produce a fully costed schedule of works

Surveyors (Agency)

To carry out property inspections on behalf of the Local Authority

Representative;

  • Agent

Anyone you many nominate to act on your behalf or support with the grant application process

Data Processors

A data processor is a company or organisation that processes personal data on our behalf. Our data processors act only upon our instruction. They cannot do anything with the personal data unless we instruct them to do so. They will not share the personal data with any organisation apart from us or use it for their own purposes. They will hold it securely and retain it for the period we instruct.

The categories of data processors we use for the purpose of administering your grant application are;

-       IT system suppliers etc.

-       Employment agency for the provision of surveying services

How long we retain the personal data

We retain the personal data contained within Housing Strategy records for:

Record

Basic Record Description

Statutory Provision

Retention period

Application Form

Certificate of Future Occupation

 

Deeds Information Sheet

Information required to progress application

 

Housing Grant, Construction & Regeneration Act 1996

(HGC&R 1996)

 

Regulatory Reform Order for Housing Renewal 2002 (RROHR 2002)

10 years from the certification of works

E-mail From Council Tax confirming duration that the property has been empty

 

 

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Certificate of Title

Evidence of property ownership

 

HGC&R 1996

RROHR 2002

10 years from the certification of works

Financial Information (received from applicants)

Benefit Entitlement Letters

Evidence of income

 

HGC&R 1996

RROHR 2002

           

10 years from the certification of works

Structural Calculations / Drawings

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Estimates / Specialist Quotations & reports

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Planning Application forms

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Building Regulations / Notice application form

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Schedule of Eligible Works (including unforeseen schedules of work)

 

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Party Wall Agreement (from neighbouring properties)

 

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Approval Checklists

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Correspondence with Legal to Register Legal Charge

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Approval Document

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Diary of Actions taken

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Correspondence with applicants, RCT departments

& external partners

financial Information, benefit information

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Invoices for Grant Aided works

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Interim & Final Payment Valuation

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Interim & Final Payment Certificates

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Emails & letters related to progressing the grant application,

 

HGC&R 1996

RROHR 2002

 

10 years from the certification of works

Cancelled enquiry (whether by applicant or by Local Authority)

Name, Address, Telephone number, email address, National Insurance Numbers, financial Information, benefit entitlement, bank details & any information required to progress application (including letters & emails).

HGC&R 1996

RROHR 2002

 

2 Years after year Cancelled

In keeping with the General Data Protection Regulation storage limitation principle, records are periodically reviewed. Not all personal data is retained. Only personal data that is relevant to the record is retained for the entire retention period. Information that has no long term or evidential value is routinely destroyed in the normal course of business.

Your data protection rights

The General Data Protection Regulation (GDPR) gives individuals important rights, including the right of access to the personal data that the Council holds about you.

Click here for further information on your information rights and how to exercise them. 

Your right to make a data protection complaint to the Council

You have the right to complain to the Council if you believe we have not handled your personal data responsibly and in line with good practice.

You can do this by contacting the Empty Homes Grant team directly via one of the following communication methods. Most concerns can be resolved relatively quickly through a simple phone call or email;

                 Housing Investment and Grants

                 Sardis House

                 Sardis Road

                 Pontypridd

                 CF37 1DU

Alternatively, you can raise a formal complaint via the Council’s Customer Feedback Scheme using the following link (Make a comment, compliment or complaint online) or you can contact the Council’s Data Protection Officer at Information.management@rctcbc.gov.uk.

Your right to make a data protection complaint to the ICO

You also have the right to complain to the ICO if you are unhappy with how we have used your data. However, we encourage you to contact us first and provide us with an opportunity to look into your concern and put things right.

The ICO can be contacted:           

  • Address: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
  • Helpline number: 0303 123 1113
  • Website: https://www.ico.org.uk