Closed call for evidence

Call for evidence: Leaseholder-owned buildings (11m+ or 5 storeys+)

Published 22 August 2022

Applies to England

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This publication is available at https://www.gov.uk/government/calls-for-evidence/leaseholder-owned-buildings-11m-or-5-storeys-call-for-evidence/call-for-evidence-leaseholder-owned-buildings-11m-or-5-storeys

Scope of the call for evidence

Topic of this call for evidence:

This call for evidence is seeking information on leaseholder-owned buildings above 11m or 5 storeys with relevant defects. This will help inform government policy in determining how best to protect the leaseholders in such buildings from the impact of building safety defects.

Geographical scope:

This call for evidence is for England only.

Impact assessment:

Not applicable.

Basic information

Body/bodies responsible for the call for evidence:

Department for Levelling Up, Housing and Communities

Duration:

The call for evidence will last for 12 weeks and will close on 14 November.

Enquiries:

For any enquiries about the call for evidence please contact: leaseholderownedblocks@levellingup.gov.uk.

How to respond:

You may respond by completing an online survey.

Alternatively you can email your response to the questions in this call for evidence to leaseholderownedblocks@levellingup.gov.uk.

If you are responding in writing, please make it clear which questions you are responding to.

When you reply it would be very useful if you confirm whether you are replying as an individual or submitting an official response on behalf of an organisation and include:

  • your name,
  • your position (if applicable),
  • the name of organisation (if applicable),
  • an address (including postcode),
  • an email address, and
  • a contact telephone number

Overview

During its passage through Parliament, the government made several changes to the now Building Safety Act 2022 to protect qualifying leaseholders in buildings above 11m or 5 storeys from the costs of remediating their buildings.

The government made the decision that the leaseholder protection provisions in Part 5 of the Act would not apply to leaseholder-owned and commonhold buildings. This was because leaseholders, in their capacity as freeholders would still have had to pay to remedy the safety defects in their buildings.

This call for evidence is seeking information on leaseholder-owned buildings above 11m or 5 storeys with relevant defects. This will help inform government policy in determining how best to protect the leaseholders in such buildings from the impact of building safety defects.

About you

We will only use your personal information to contact you, should we require further clarification on a point or comment made during this engagement. We will not share your contact details or responses with third parties.

1. What is your name?

2. What is your email address?

3. Are you responding as an individual or on behalf of an organisation?

  • Individual
  • On behalf of an organisation

If you answered ‘On behalf of an organisation’ please tell us which organisation.

4. If you answered ‘On behalf of an organisation’ to question 3, which category best describes the activities of your organisation?

  • Right to Manage Company
  • Resident Management Company
  • Property Management - Third-party on behalf of resident-led organisation/s
  • Insurance services
  • Legal services
  • Construction/Property development
  • Survey/Valuation services
  • Other

If you answered ‘Other’ to this question, please give details of a category that best describes the activities of your organisation.

1. Introduction

During its passage through Parliament, the government made several changes to the now Building Safety Act 2022 to protect qualifying leaseholders in buildings above 11 metres or 5 storeys from incurring excessive service charges by:

  • Ensuring developers are on the hook for fixing their own buildings (both cladding and non-cladding defects), and only where they cannot be traced will building owners and leaseholders (subject to contribution caps for qualifying leaseholders) be required to pay for remediation works in their building.

  • Extending the limitation period for claims brought under section 1 of the Defective Premises 1972 retrospectively (i.e. for work already completed) from 6 to 30 years meaning that claims can be brought for work that was completed up to 30 years prior to the 28 June 2022. The limitation period has also been extended prospectively (i.e. for work completed in the future) from 6 to 15 years.

  • Expanding the type of work that is subject to the duty under the Defective Premises Act 1972.

This means that developers, building owners and landlords are now the first port of call to pay for meeting the cost of remedying non-cladding safety defects, not leaseholders. We have been clear that we want those responsible for defective buildings to pay the bulk of costs for remediation, where the defect was incurred during the building’s construction, or because of works carried out to it, within the last thirty years, which has impacted upon the fire and structural safety of the building (see section 120 for the definition of “relevant defect” in the Building Safety Act 2022).

The Building Safety Act 2022 received Royal Assent on 28 April 2022 and the leaseholder protection provisions came into effect on 28 June 2022 (see section 170(3) of the Act). This ensures that no qualifying leaseholder in a building taller than 11 metres or 5 storeys will face bills to remediate unsafe cladding, and their bills for non-cladding remediation work will be capped, with many leaseholders paying nothing at all.

Leaseholder-owned buildings

The government is committed to transforming the experience of leaseholders by making it easier and cheaper for them to extend their lease, buy their freehold and take control of the management of their buildings.

The government made the decision that the leaseholder protection provisions in Part 5 of the Building Safety Act 2022 would not apply to leaseholder-owned and commonhold buildings. This was because leaseholders, in their capacity as freeholders rather than as leaseholders, would still have had to pay to remedy the safety defects in their building.

The financial burden would have been worse in circumstances where some leaseholders collectively enfranchised, and others had not. The enfranchised leaseholders may have had to pay for remediation of the whole building, in their capacity as owners of the freehold, including the share of remediation costs that would otherwise have been recoverable from those leaseholders who had not enfranchised, once they have paid up to the cap. This would have created the perverse situation where the leaseholder protections resulted in an increase in liability for those leaseholders who had chosen to collectively enfranchise.

The Building Safety Act 2022 provides other routes for redress (which also apply to leaseholder-owned buildings) for buildings with relevant defects, enabling interested parties to pursue those directly responsible for defects through the courts. This is now available for longer, and in a far greater range of circumstances, including a cause of action relating to product manufacturers and the provisions enabling associated companies to be sued.

In April 2022, the Minister for Housing announced that the government would consult on how best leaseholder-owned and commonhold buildings can be protected from the costs associated with building safety defects.

Before we can come forward with our proposals, we need to better understand the types of relevant defects present in leaseholder-owned buildings. We are initially seeking to collect data on leaseholder-owned buildings that are above 11 metres[footnote 1] or 5 storeys including collecting information on any relevant defects that may also be present in these buildings.

2. Leaseholder-owned blocks

The Department for Levelling Up, Housing and Communities (DLUHC) is seeking to gather data on the number of buildings with the following criteria:

  • the building is above 11 metres or 5 storeys in height and located in England; and
  • the freehold to the building is held by some, or all, of its leaseholders.

This includes buildings where leaseholders have exercised their right to collectively enfranchise.

5. Are the building/s you are submitting information about 11 metres+ or 5 storeys+ and located England?

  • Yes
  • No
  • Don’t know

If you answered ‘Don’t know’ to this question, please explain why.

6. Is the freehold for the building/s held by some or all the leaseholders?

  • Yes
  • No
  • Don’t know

If you answered ‘Don’t know’ to this question, please explain why.

If you answered no to either Question 5 and/or Question 6 please note that the building/s are outside the scope of this call for evidence.

7. How many buildings (that are 11 metres+ in height or 5 storeys+) in England are you providing information about?

  • 1
  • 2
  • 3
  • 4
  • 5
  • 6 or more

If you answered ‘6 or more’ to this question, please give the number of buildings that you are submitting information about.

8. Please provide the full building address and postcode.

If you are providing addresses for multiple buildings, please leave this question blank and move on to the next question

9. Multiple buildings - Please provide the full building addresses and postcodes.

10. How many storeys does the building have?

  • 5-6
  • 7-10
  • 11-15
  • 16+
  • Don’t know
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the number of storeys as set out in the example below.

Example:

  1. Postcode – Storeys.
  2. Postcode – Storeys.
  3. Postcode – Storeys.
  4. Etc.

11. Which option best describes the height of the building? (Please note for determining the height of the building you should measure from the lowest ground level up to the finished floor level of the top occupied storey)

  • 11-18m
  • 18m+
  • Don’t know
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the height as set out in the example below.

Example:

  1. Postcode – Height.
  2. Postcode – Height.
  3. Postcode – Height.
  4. Etc.

12. Can you provide us with the total number of dwellings in the building?

  • 0-10
  • 11-20
  • 21-30
  • 31-40
  • 41-50
  • 51-75
  • 76-99
  • 100+
  • Don’t know
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the number of dwellings as set out in the example below.

Example:

  1. Postcode – Number of dwellings.
  2. Postcode – Number of dwellings.
  3. Postcode – Number of dwellings.
  4. Etc.

13. Please provide us with the name of the freeholder for the building.

One building - Freeholder name

When inputting information for multiple buildings below, please use the postcode for each building followed by the name of the freeholder as set out in the example below.

Example:

  1. Postcode – Freeholder.
  2. Postcode – Freeholder.
  3. Postcode – Freeholder.
  4. Etc.

14. Where this is applicable, please provide us the company registration number (CRN) of the freeholder for the building below.

One building - Freeholder CRN

When inputting information for multiple buildings below, please use the postcode for each building followed by the freeholder CRN as set out in the example below.

Example:

  1. Postcode – Freeholder CRN.
  2. Postcode – Freeholder CRN.
  3. Postcode – Freeholder CRN.
  4. Etc.

15. How did the freehold to the building come to be held by some or all the leaseholders?

  • Statutory right to collectively enfranchise (Leasehold Reform Housing & Urban Development Act 1993 (as amended)­). (Including where an RMC is set up in exercising rights under the 1993 Act)
  • Resident Management Company (RMC) that owns freehold (e.g. RMC set up by the developer and freehold transferred to RMC)
  • Rights of first refusal (Part I Landlord Tenant Act 1987)
  • Compulsory acquisition (Part III Landlord Tenant Act 1987)
  • Voluntary acquisition (non-statutory)
  • Don’t know
  • Other
  • Multiple buildings

If you answered ‘Other’ to this question, please give further details.

When inputting information for multiple buildings, please use the postcode for each building followed by how the freehold was acquired by all or some leaseholders as set out in the example below.

Example:

  1. Postcode – How acquired.
  2. Postcode – How acquired.
  3. Postcode – How acquired.
  4. Etc.

16. If you answered ‘Statutory right to collectively enfranchise’ for the previous question, can you tell us the year the freehold was transferred to the nominee purchaser?

  • Yes
  • No
  • Multiple buildings

One building - YYYY transferred

When inputting information for multiple buildings below, please use the postcode for each building followed by the year the freehold was transferred to the nominee purchaser as set out in the example below.

Example:

  1. Postcode – Year transferred.
  2. Postcode – Year transferred.
  3. Postcode – Year transferred.
  4. Etc.

17. If you answered ‘Voluntary acquisition’ for question 15, does the long lease of the flat require the leaseholder to acquire a share of the freehold of the building or a share in the company in which the freehold of the building is vested?

  • Yes
  • No
  • Don’t know
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by Yes/No as applicable. Example

  1. Postcode – Yes/No.
  2. Postcode – Yes/No
  3. Postcode – Yes/No.
  4. Etc.

18. Where applicable, please provide us with the names and company registration numbers of all previous freeholder/s for the building, including the years that the freehold was retained by them.

One building - previous freeholder/s. [Name, CRN, freehold retained from YYYY – YYYY]

When inputting information for multiple buildings below, please use the postcode for each building followed by the relevant information as set out in the example below.

Example:

  1. Postcode – [Name, CRN, freehold retained from YYYY – YYYY] + [Repeat for each additional freeholder]
  2. Postcode – [Name, CRN, freehold retained from YYYY – YYYY] + [Repeat for each additional freeholder]
  3. Postcode – [Name, CRN, freehold retained from YYYY – YYYY] + [Repeat for each additional freeholder]
  4. Etc.

19. Where applicable, please provide us with the name and company registration number (CRN) of the developer for the building.

One building - Developer name + CRN

When inputting information for multiple buildings below, please use the postcode for each building followed by the relevant information as set out in the example below.

Example:

  1. Postcode – Developer name + CRN.
  2. Postcode – Developer name + CRN.
  3. Postcode – Developer name + CRN.
  4. Etc.

3. ‘Unsafe’ cladding systems

Private sector ACM (Aluminium Composite Material) cladding remediation fund

On 9 May 2019 it was announced that the government would fully fund the removal and replacement of unsafe ACM cladding on private sector residential buildings 18 metres or over, with costs estimated at £200 million.

The private sector ACM cladding remediation fund was available to private sector 18 metres and over buildings with cladding systems which were identified as containing combustible materials (e.g. a polyethylene core in an aluminium composite panel) and which failed the series of BS8414 tests commissioned by the government over summer

Building Safety Fund

In the March 2020 budget, the government announced that it would provide £1 billion in 2020 to 2021 to support the remediation of unsafe non-ACM cladding systems on residential buildings that were 18 metres and over in both the private and social housing sectors.

On 26 May 2020, the Department published the registration prospectus. The registration process that opened following publication of the prospectus closed on 31 July 2020.

On 17 December 2020, the Department announced the extension of the closing date for applications to the Building Safety Fund until 30 June 2021 with the start on site date moving to 30 September 2021.The Building Safety Fund was available to 18 metres and over buildings where cladding, insulation or filler materials were present that did not meet specific criteria when tested in accordance with BS EN 13501. The detailed definitions of cladding, insulation and filler materials are set out in Annex A to the Building Safety Fund prospectus.

The Building Safety Fund was reopened on 28 July 2022 for new applications from responsible entities of private or social sector buildings that meet the following criteria:

  • buildings that are 18 metres or above (with 30cm tolerance)

  • buildings have at least one qualifying residential leaseholder (with the exception of social-sector landlords applying due to financial viability concerns)

  • the building must have cladding, as defined in the PAS 9980:2022 code of practice

  • buildings have a Fire Risk Appraisal of External Wall construction (FRAEW) following the PAS 9980:2022 methodology which recommends actions to address fire risks to life safety presented by the external wall system

20. Does/did the building have any ‘unsafe’ cladding systems installed as set out above?

  • Yes
  • No
  • Not assessed yet
  • Don’t know
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the relevant answer from the list above as set out in the example below.

Example:

  1. Postcode – Yes/No/Not Assessed/Don’t know.
  2. Postcode – Yes/No/Not Assessed/Don’t know.
  3. Postcode – Yes/No/Not Assessed/Don’t know.
  4. Etc.

21. If you answered ‘Yes’ to the previous question, can you provide us with information on the types of assessments that took place to determine the cladding systems installed were ‘unsafe’?

  • Yes
  • No
  • Multiple buildings

One building - If you answered ‘Yes’ to this question, please give further details of the method of assessment used.

When inputting information for multiple buildings below, please use the postcode for each building followed by the relevant answer as set out in the example below.

Example:

  1. Postcode – Yes/No + [If Yes] further details of the method of assessment used.
  2. Postcode – Yes/No + [If Yes] further details of the method of assessment used.
  3. Postcode – Yes/No + [If Yes] further details of the method of assessment used.
  4. Etc.

22. If you answered yes or ‘Multiple buildings’ to Question 20 in this section, have any applications been made to any of the Department for Levelling Up (previously known as MHCLG) funding schemes?

  • Yes
  • No
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the relevant answer as set out in the example below.

Example:

  1. Postcode – Yes/No.
  2. Postcode – Yes/No.
  3. Postcode – Yes/No.
  4. Etc.

23. If you answered yes or ‘Multiple buildings’ to the previous question, can you tell us which funding schemes have been applied for the building?

  • Private Sector Remediation Fund (PSRF)
  • Building Safety Fund (BSF)
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the type funding scheme applied for as set out in the example below.

Example:

  1. Postcode – PSRF/BSF.
  2. Postcode – PSRF/BSF.
  3. Postcode – PSRF/BSF.
  4. Etc.

24. If a funding scheme has been applied for, can you tell us the status of the application?

  • Successful
  • Pending
  • Rejected
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the status of the funding scheme application as set out in the example below.

Example:

  1. Postcode – Successful/Pending/Rejected.
  2. Postcode – Successful/Pending/Rejected.
  3. Postcode – Successful/Pending/Rejected.
  4. Etc.

25. If you answered ‘No’ to Question 22 in this section, can you tell us if there is an intention to make an application in the future?

  • Yes
  • No
  • Building does not meet current funding criteria (e.g., below 18 metres)
  • Costs recovered from another source
  • Don’t know
  • Multiple buildings

When inputting information please provide the most relevant answer from the list above provided above.

Example:

  1. Postcode – relevant answer from the list above.
  2. Postcode – relevant answer from the list above.
  3. Postcode – relevant answer from the list above.
  4. Etc.

26. Please provide us with the buildings Unique Property Reference Number (UPRN) where applicable.

One building - UPRN

When inputting information for multiple buildings below, please use the postcode for each building followed by the UPRN as set out in the example below.

Example:

  1. Postcode – UPRN.
  2. Postcode – UPRN.
  3. Postcode – UPRN.
  4. Etc.

4. Relevant defects

For the responses for this section, we are referring to definitions of:

  • relevant defects
  • relevant works
  • the relevant period; and
  • building safety risk

as set out in section 120(2)-(5) of the Building Safety Act 2022.

A relevant defect includes anything done, or not done, during construction or later works to a building that results in people’s safety being put at risk from the spread of fire or a structural failure. This could therefore include both cladding and non-cladding related safety defects. The relevant period is for work which was completed from 28 June 1992 – 28 June 2022.

27. Does the building have any relevant defects which has caused a building safety risk, created as result of work which was completed from 28 June 1992 – 28 June 2022?

  • Yes
  • No
  • Don’t know
  • Building has not been surveyed
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the relevant answer as set out in the example below.

Example:

  1. Postcode – Yes/No/Don’t know/Not surveyed.
  2. Postcode – Yes/No/Don’t know/Not surveyed.
  3. Postcode – Yes/No/Don’t know/Not surveyed.
  4. Etc.

28. If you answered yes or ‘Multiple buildings’ (where yes also applies to at least one building) to the previous question, please provide a description of the relevant defects, including how such defects were identified.

When inputting information for multiple buildings below, please use the postcode for each building followed by a description of the relevant defects and how they were identified as set out in the example below.

Example:

  1. Postcode – description of defects + how identified.
  2. Postcode – description of defects + how identified.
  3. Postcode – description of defects + how identified.
  4. Etc.

29. Do you know when the work was completed which resulted in the relevant defects?

One building - Work completed [YYYY]

  • Yes
  • No
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by the year when the work was completed which resulted in the relevant defect/s as set out in the example below.

Example:

  1. Postcode – [YYYY].
  2. Postcode – [YYYY].
  3. Postcode – [YYYY].
  4. Etc.

30. Do you have information on those responsible for creating the relevant defects for the building?

  • Yes
  • No
  • Multiple buildings

One building - If you answered yes to this question, please provide details on those you believe were responsible for causing the relevant defects and why.

If you answered ‘Multiple buildings’ (where yes also applies to at least one building), please provide details on those who you believe were responsible for causing the relevant defects and why.

When inputting information, please use the postcode for each building followed by those you believe are responsible and why as set out in the example below.

Example:

  1. Postcode – Responsible + why.
  2. Postcode – Responsible + why.
  3. Postcode - Responsible + why.
  4. Etc.

31. Can you provide details on the costs to remediate the relevant defects?

  • Yes
  • No
  • Multiple buildings

One building - If you answered yes, please provide a breakdown of any actual or estimated costs to remediate each relevant defect you have provided information on.

One building - If you answered yes, please also provide the total actual or estimated cost to remediate all the relevant defects you have provided information on.

If you answered ‘Multiple buildings’ (where yes also applies to at least one building), please provide a breakdown of any actual or estimated costs to remediate each relevant defect for each applicable building you have provided information on.

When inputting information, please use the postcode for each building followed by the relevant defect and a breakdown of costs to remediate as set out in the example 1 below.

Example 1:

  1. Postcode – Relevant defect 1 + breakdown of actual or estimated cost. Relevant defect 2 + breakdown of actual or estimated cost + [Repeat for each additional defect]
  2. Postcode – Relevant defect 1 + breakdown of actual or estimated cost. Relevant defect 2 + breakdown of actual or estimated cost + [Repeat for each additional defect]
  3. Etc.

Please also provide the total actual or estimated cost to remediate all of the relevant defects you have provided information on.

When inputting information, please use the postcode for each building followed the relevant defect and total cost to remediate each building as set out in example 2 below.

Example 2:

  1. Postcode – actual/estimated total cost.
  2. Postcode - actual/estimated total cost.
  3. Etc.

32. Please add any comments about the certainty of any of the estimates provided in the previous question, or any further comments.

One building - comments

When inputting information for multiple buildings, please use the postcode for each building followed any comments as set out in the example below.

Example:

  1. Postcode – comments.
  2. Postcode – comments.
  3. Postcode – comments.
  4. Etc.

33. Do you know if leaseholders have been contributing service charges towards any of the remediation of relevant defects?

  • Yes
  • No
  • Multiple buildings

One building - If you answered yes, please provide a description of the relevant defects that leaseholders have been contributing towards.

If you answered ‘Multiple buildings’ (where yes also applies to at least one building), please provide a description of the relevant defects that leaseholders have been contributing towards.

When inputting information for multiple buildings, please use the postcode for each building followed the relevant defects that leaseholders have been contributing towards as set out in the example below.

Example:

  1. Postcode – relevant defects leaseholders contributing towards.
  2. Postcode – relevant defects leaseholders contributing towards.
  3. Postcode – relevant defects leaseholders contributing towards.
  4. Etc.

34. If you answered no to the previous question, are you aware any outstanding service charge demands/requests that have been made to leaseholders but have not paid for?

  • Yes
  • No
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed the relevant answer to the question as set out in the example below.

Example:

  1. Postcode – Yes/No.
  2. Postcode – Yes/No.
  3. Postcode - Yes/No.
  4. Etc.

35. If you answered ‘Yes’ to Question 33 do you know whether reserve funds have been drawn upon?

  • Yes
  • No
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed the relevant answer to the question as set out in the example below.

Example:

  1. Postcode – Yes/No.
  2. Postcode – Yes/No.
  3. Postcode - Yes/No.
  4. Etc.

36. Have any steps been taken to recover any costs (e.g. from developers/insurance/warranties etc.) to remediate the relevant defects for the building?

  • Yes
  • No
  • Multiple buildings

When inputting information for multiple buildings below, please use the postcode for each building followed by whether any steps have been taken to recover any costs as set out in the example below.

Example:

  1. Postcode – Yes/No.
  2. Postcode – Yes/No.
  3. Postcode - Yes/No.
  4. Etc.

37. If you answered yes or ‘Multiple buildings’ (where yes also applies to at least one building) to the previous question, please provide a description of any steps taken to recover any costs to remediate the relevant defects for the building in the relevant box. This could include through any insurance claims, warranties, legal action etc.

One building - description of steps taken

When inputting information for multiple buildings below, please use the postcode for each building followed by the steps taken to recover any costs to remediate the relevant defects as set out in the example below.

Example:

  1. Postcode – Steps taken.
  2. Postcode – Steps taken.
  3. Postcode – Steps taken.
  4. Etc.

About this call for evidence

This call for evidence document and call for evidence process have been planned to adhere to the Consultation Principles issued by the Cabinet Office.

Representative groups are asked to give a summary of the people and organisations they represent, and where relevant who else they have consulted in reaching their conclusions when they respond.

Information provided in response to this call for evidence may be published or disclosed in accordance with the access to information regimes (these are primarily the Freedom of Information Act 2000 (FOIA), the Environmental Information Regulations 2004 and UK data protection legislation. In certain circumstances this may therefore include personal data when required by law.

If you want the information that you provide to be treated as confidential, please be aware that, as a public authority, the Department is bound by the information access regimes and may therefore be obliged to disclose all or some of the information you provide. In view of this it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department.

The Department for Levelling Up, Housing and Communities will at all times process your personal data in accordance with UK data protection legislation and in the majority of circumstances this will mean that your personal data will not be disclosed to third parties. A full privacy notice is included below.

Individual responses will not be acknowledged unless specifically requested.

Your opinions are valuable to us. Thank you for taking the time to read this document and respond.

Are you satisfied that this call for evidence has followed the Consultation Principles? If not or you have any other observations about how we can improve the process please contact us via the complaints procedure.

Personal data

The following is to explain your rights and give you the information you are entitled to under UK data protection legislation.

Note that this section only refers to personal data (your name, contact details and any other information that relates to you or another identified or identifiable individual personally) not the content otherwise of your response to the call for evidence.

1. The identity of the data controller and contact details of our Data Protection Officer

The Department for Levelling Up, Housing and Communities (DLUHC) is the data controller. The Data Protection Officer can be contacted at dataprotection@levellingup.gov.uk or by writing to the following address:

Data Protection Officer
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

2. Why we are collecting your personal data

Your personal data is being collected as an essential part of the call for evidence process, so that we can contact you regarding your response and for statistical purposes. We may also use it to contact you about related matters.

We will collect your IP address if you complete a call for evidence online. We may use this to ensure that each person only completes a survey once. We will not use this data for any other purpose.

Sensitive types of personal data

Please do not share special category personal data or criminal offence data  if we have not asked for this unless absolutely necessary for the purposes of your call for evidence response. By ‘special category personal data’, we mean information about a living individual’s:

  • race
  • ethnic origin
  • political opinions
  • religious or philosophical beliefs
  • trade union membership
  • genetics
  • biometrics
  • health (including disability-related information)
  • sex life; or
  • sexual orientation.

By ‘criminal offence data’, we mean information relating to a living individual’s criminal convictions or offences or related security measures.

The collection of your personal data is lawful under article 6(1)(e) of the UK General Data Protection Regulation as it is necessary for the performance by DLUHC of a task in the public interest/in the exercise of official authority vested in the data controller. Section 8(d) of the Data Protection Act 2018 states that this will include processing of personal data that is necessary for the exercise of a function of the Crown, a Minister of the Crown or a government department i.e. in this case a call for evidence.

Where necessary for the purposes of this call for evidence, our lawful basis for the processing of any special category personal data or ‘criminal offence’ data (terms explained under ‘Sensitive Types of Data’) which you submit in response to this call for evidence is as follows. The relevant lawful basis for the processing of special category personal data is Article 9(2)(g) UK GDPR (‘substantial public interest’), and Schedule 1 paragraph 6 of the Data Protection Act 2018 (‘statutory etc and government purposes’). The relevant lawful basis in relation to personal data relating to criminal convictions and offences data is likewise provided by Schedule 1 paragraph 6 of the Data Protection Act 2018.

4. With whom we will be sharing your personal data

DLUHC may appoint a ‘data processor’, acting on behalf of the Department and under our instruction, to help analyse the responses to this call for evidence. Where we do we will ensure that the processing of your personal data remains in strict accordance with the requirements of the data protection legislation.

5. For how long we will keep your personal data, or criteria used to determine the retention period

Your personal data will be held for two years from the closure of the call for evidence, unless we identify that its continued retention is unnecessary before that point.

6. Your rights, e.g. access, rectification, restriction, objection

The data we are collecting is your personal data, and you have considerable say over what happens to it. You have the right:

a. to see what data we have about you

b. to ask us to stop using your data, but keep it on record

c. to ask to have your data corrected if it is incorrect or incomplete

d. to object to our use of your personal data in certain circumstances

e. to lodge a complaint with the independent Information Commissioner (ICO) if you think we are not handling your data fairly or in accordance with the law. You can contact the ICO at https://ico.org.uk/, or telephone 0303 123 1113.

Please contact us at the following address if you wish to exercise the rights listed above, except the right to lodge a complaint with the ICO: dataprotection@levellingup.gov.uk or

Knowledge and Information Access Team
Department for Levelling Up, Housing and Communities
Fry Building
2 Marsham Street
London
SW1P 4DF

7. Your personal data will not be sent overseas

8. Your personal data will not be used for any automated decision making

9. Your personal data will be stored in a secure government IT system

We use a third-party system, Citizen Space, to collect call for evidence responses. In the first instance your personal data will be stored on their secure UK-based server. Your personal data will be transferred to our secure government IT system as soon as possible, and it will be stored there for two years before it is deleted.

  1. The height of the building is a measure from the lowest ground level up to the finished floor level of the top occupied storey. ↩

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