Paper BRAC(08)P12 gave an update on the proposals to improve building control record keeping by LAs. The aim is to provide easy access to key information and introduce consistency in the way LAs record activities relating to their building control functions as well as provide uniformity in the information provided to the public, Competent Person Schemes, Approved Inspectors and the property industry.

The project has since been put on hold primarily due to the need to resolve issues relating to the funding of the register. However, this has now been further complicated by the recent Information Commissioner's Office (ICO's) decision regarding accessing information.

The ICO considered complaints against two LAs made by the Independent Personal Searchers Association (IPSA). The complaint stated that data required to complete a local enquiries search (CON29) is `environmental information' as defined by the EIR and therefore LAs cannot charge for allowing the information to be inspected on site. The ICO concluded that the majority of information provided by LAs in response to CON29 enquiries is likely to be environmental information.

The ICO's decision will require information under EIR to be available for inspection free of charge and this will have implications for LAs and the register as the CON29 form includes building control information. Where information is regarded as being Environmental information, LAs will only be able to charge a nominal fee for providing photocopies. They will not be allowed to charge for collecting, collating, abstracting and storing the information which will make the funding issue of the register more complex as LAs will no longer be able to charge for access to building control information.

In response to the ICO's decision an LA, East Riding of Yorkshire, has lodged an appeal against the ICO's decision. Subject to the outcome of the appeal the Department will decide how best to proceed with the proposed LA registers of building control information.