THE CHARTER ON PROPERTY ENQUIRY CERTIFICATES

1. INTRODUCTION

1.1 The purpose of Property Enquiry Certificates is to provide with respect to particular subjects, basic information which Local Authorities are obliged to hold in a register or other form which is accessible to the public. The property enquiry certificate is, therefore, a pulling together of publicly accessible information to one convenient ‘form’. (For information to be provided, see section 2).

1.2 The Administration Service will endeavour to meet its commitments as detailed within this Charter by establishing a quality service that will provide the required information to its clients in an efficient and cost effective way.

1.3 All requests for Property Enquiry Certificates should be submitted to the Administration Manager, Department of Corporate Support, Administration Annexe, London Road, Kilmarnock, KA3 7BU, or by Legal Post 18. Tel: (01563) 576571/576283. Fax: (01563) 576245 on the pre-printed application forms (copies of which are available from the Administration Department). Requests can also be emailed to propertyenquiries@east-ayrshire.gov.uk

2. CONTENT OF PROPERTY ENQUIRY CERTIFICATE

2.1 The Property Enquiry Certificate WILL provide relevant information on:-

(1) The Adopted East Ayrshire Local Plan.
(2) Whether the subjects are listed as being of architectural or historic merit by the Secretary of State.
(3) Outstanding Notices/Orders under the Building ( Scotland) Acts 1959 and 1970, Town and Country Planning ( Scotland) Act 1997, Planning (Listed Buildings and Conservation Areas) ( Scotland) Act 1997 or under Sections 95 and 96 of the Civic Government ( Scotland) Act 1982.
(4) Outstanding Notices/Orders under the Public Health legislation, Housing Acts, Food Safety Act 1990 or Sections 87, 90 and 92 of the Civic Government (Scotland) Act 1982.
(5) Entries onto the Contained Land Register (where appropriate).
(6) Whether the subjects are situated within a Smoke Control Area.
(7) Improvement/Repairs Grants (where appropriate).
(8) Road adoptions/proposals including carriageways, footways and verges.
(9) Water and Sewerage (where appropriate). East Ayrshire Council currently provide a contact point for Scottish Water Certificates and an additional fee of £40.00, charged by Scottish Water, is incurred.

2.2 Property Enquiry Certificates WILL NOT provide information outwith the scope of the matters detailed under section 2.1 above (eg information on existing planning use, planning permissions, building warrants), nor involve visits to the subjects.

2.3 Requests for additional information should be directed to the specific departments for independent action (officer contact points are detailed on page 3). Solicitors should note that a fee may be payable.

3. INFORMATION REQUIRED

3.1 Solicitors enquiries should provide:-

(1) Correctly identified/addressed subjects.
(2) Where appropriate (eg. land/farmlands etc) a suitable location plan with reference points, or ordinance survey co-ordinates.
(3) Where tenement property is involved, the address should be northmost/westmost etc and not G/F left or 1st right etc.
(4) Fee (currently £50.00).

4. PROCEDURES ADOPTED BY THE COUNCIL ON RECEIPT OF A REQUEST FOR A PROPERTY ENQUIRY CERTIFICATE

4.1 LOCATION - When the Council receives a request from a Solicitor on behalf of an applicant we will check that the subjects are within the Area. Therefore, if you are unsure whether a particular property or piece of land is within a particular Council’s area you can phone the Council’s offices to obtain clarification.

4.2 FEE - We will also ensure that your cheque is for the correct amount and is payable to the correct authority. The fee for a Property Enquiry Certificate is currently £50.00 and all cheques must be made payable to East Ayrshire Council. Whilst property enquiries will be processed from date of receipt, the certificate will not be issued where the full amount has not been paid. We also offer an invoicing system, whereby a monthly bill will be issued to you and we will ensure that your invoice is for the correct amount.

4.3 REGISTER - The Administration Service holds a register of all property enquiries for the area in which all requests for certificates are recorded.

4.4 TARGET DATE - The Council will operate a next day service for Property Enquiry Certificates where all relevant information/fee has been submitted (this only applies to applications received before 12 noon. Applications received after that time will be processed the following day and issued the day after (see Section 3).

4.5 FURTHER INFORMATION - Any further information or queries you may have should be addressed to the Administration Manager at the above address. Officer contact points are detailed on page 3.

5. COMPLAINTS AND PERFORMANCE

5.1 Complaints about the way in which Property Enquiry Certificates have been handled should be directed to the Administration Manager, Department of Corporate Support at the address shown in paragraph 1.3. Complaints will be acknowledged within seven days. Complaints and the action taken upon them will also be identified. Complaints will be fully and promptly investigated, and the complainant will be given a written response recording the outcome of the investigation and any action the Council propose to take.

5.2 If no action is proposed, the reasons will be explained. If the complainant remains dissatisfied with the way in which the Administration Service has handled the matter, the complainant will be directed to the Chief Executive in terms of the Council’s Corporate Complaints Procedure. The complainant will also be provided with information on the Scottish Public Services Ombudsman. The Council will publicise its complaints procedures. Disagreement with a decision of the Council will not, of itself, be a ground for complaint and in some situations there will be separate provision for appeal against such decisions.

5.3 Performance in relation to meeting the targets as set out in this charter, will be continually monitored.

Elizabeth Morton
Depute Chief Executive/Executive Director of Corporate Support

January 2005

OFFICER CONTACT POINTS

FOR INFORMATION ON PROGRESS OF PROPERTY ENQUIRY CERTIFICATE

Lynn Young, Administration Service, telephone number (01563) 576283
Sandra Rorison, Administration Service, telephone number (01563) 576571

FOR ADDITIONAL INFORMATION ENQUIRIES WRITE TO:

Environmental Health: Mike Rooney, Team Leader (Environmental Health and Waste Management), Western Road, Kilmarnock KA3 1LL.
Planning and Building Control: John Lilley, Principal Planning Officer (Policy), 6 Croft Street, Kilmarnock, KA1 1JB.
Housing: Mark Hunter, Grants Officer, Department of Housing, Civic Centre, Kilmarnock KA1 1BY.
Roads: Jim Kane, Head of Roads and Transportation, Greenholm Street, Kilmarnock KA1 4DJ.
Water and Sewerage: Gary Cree, Scottish Water Property Searches, Bullion House, Invergowrie, Dundee, DD2 5BB.