1. You are here:
  2. Home:
    1. Business:
      1. Land and premises:
        1. Local land charges: Land Charge Searches

Local land charge searches

Terms and conditions

The Borough of Calderdale On-Line Local Authority Land Charges Search Service

Terms And Conditions

  1. Access

    Our website offers our customers a convenient way to make an application for a local land charge search over the Internet and is operated by The Borough Council of Calderdale. We provide an on-line facility through which those buying or selling land, residential properties, commercial premises and industrial sites can make applications for and receive the results of local land charges searches. A list of “the Services” and fees are detailed below. The Services do not include providing you with an access to databases in which information used to compile the local land charge search results are stored.

    It is important that you read and understand these terms before using the Services. By using the Services, you agree to be bound by these terms. We reserve the right to change these terms at any time. Amendments will take effect when posted on the Online Site and in relation to searches that have not already been submitted.

    1. The following definitions shall apply to the Terms and Conditions:

      “Council”The Borough Council of Calderdale.
      “Customer”Applicant for Services.
      “Council Website”www.calderdale.gov.uk
      “Fees”Fees payable for the Services.
      “Services”Searches (with the exception of personal searches).
      “Online Search Site”The Borough Council of Calderdale Local Land Charge On-line site.
      “Terms and Conditions”The terms and conditions relevant to the Services and any amendments.

  2. Fees

    Our current Fees schedule is available on the Council’s website.

  3. Intellectual Property Rights

    1. All intellectual property rights in any data and materials and search results provided by the Council to the Customer shall at all times remain the property of the Council and the Customer undertakes that it shall not at any time make any copy of any such material or otherwise deal with such material or disclose the same to any third party except in accordance with these Terms and Conditions.

    2. All trade marks, product names and company names or logos cited herein are the property of their respective owners. No permission is given by the Council in respect of the use of any such brand names, product names or titles or copyrights and such use may constitute an infringement of the holder's rights.

  4. Availability of the On-line Search Site

    Whilst the Council will use all reasonable endeavours to make the Services and/or the On-line Search site available, the Council cannot guarantee that they will operate continuously or without interruptions. This could affect applications for local land charges searches or the replies to such applications and the Council shall not be liable for any loss or damage however caused by the unavailability of the Services or the On-line Search Site.

  5. Payment

    1. Payment will be by Debit or Credit card via the Capita payment site. You will be directed to the site from our website once payment has been requested.

  6. Use of the Service

    1. You may only use the Services for the making of applications for, and the delivery of the results of local land charges searches (as identified in the fee schedule) in connection with the buying and selling of land, residential properties, commercial premises and industrial sites.

    2. You will not resell the results of the local land charges searches or enquiries of local authorities without the Council’s prior written consent. The Customer will use the data provided in the results of the Local Authority search solely in connection with the sale/purchase of the land/property, the subject of the search.

    3. The Customer acknowledges that the interpretation and use of the results of the Local Authority Search delivered to you as part of the Services is dependent upon the exercise of the Customer's own skill and judgement.

  7. Customer Warranty

    In consideration of provision of the Services the Customer warrants that:-

    1. The information supplied by the Customer when registering for the Services is true accurate and complete and that he/she/it will notify the Council in writing of any changes to that information; and

    2. The Customer is authorised to receive the Services in accordance with these Terms and Conditions; and

    3. In the Customer’s use of the Services, the Customer will comply with all applicable laws, regulations and codes of practice; and

    4. Will keep confidential and secure any e-mail verification number and password which may be given to or selected by you for use on the On-line Search site and accepts that use of a user name and password allocated to a Customer shall constitute sufficient authority for the Council to provide the Services. The Customer may not share these with or transfer them to any third parties. The Customer must immediately notify us of any unauthorised use of them or any other breach of security regarding the Services.

  8. Cancellation

    Once the application for these services has been accepted by the Council no cancellation will be agreed and fees will be fully payable.

  9. Delivery

    The Council will deliver the Local Land Charges Search results to the Customer at the address and or by the means the Customer requested at the time of application for the search.

  10. Privacy

    The Council will only use any information provided by the Customer, for the purposes of the Local Land Charges Services and in compliance with the requirements of the Data Protection Act 1998.

  11. Termination

    The Council has in its sole discretion the right to issue a warning to a Customer, temporary suspension, or an indefinite suspension and termination of the Customer’s rights to use our Services if the Customer:

    1. acts in breach of these terms and conditions;
    2. at any time violates or attempts to violate any rights of any other user of the Services or third party;
    3. appears to the Council to be engaged in any fraudulent activity;
    4. fails to make any payments due to the Council in accordance with these terms;
    5. acts in a way to bring the name or reputation of the Council into disrepute or any other circumstances at the Council’s sole discretion.

  12. Compliance with Laws

    You agree to comply with all applicable laws, statutes and regulations concerning your use of the Services.

  13. Liability

    1. The Council (and all of their officers, agents and employees shall not be liable for any claims, loss and damages (both direct and indirect including but not limited to loss of profits, goodwill and business opportunity) howsoever arising out of or in any way connected to the Customer’s use of the Services, reliance on Local Search results provided as part of the Services the On-line Search site and Council Website save that the Council does not exclude or restrict its liability for personal injury or death caused by negligence or any other liability the exclusion of which is expressly prohibited by law.

    2. In addition, the Council makes no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphs published on the On-line Search site and the Council shall not be liable in this regard for any liability, costs, damages, or claims howsoever arising in this regard. The On-line Search site may from time to time contain technical inaccuracies or typographical errors. All liability of the Council howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

    3. Without prejudice for the forgoing, nothing in these terms and conditions is intended to limit the Customer's rights under the Local Land Charges Act 1975 or may have as a consumer under applicable local law or other statutory rights that may not be excluded, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

  14. Notices

    Except as otherwise stated, any notices you wish to send us should be e-mailed to landcharges@calderdale.gov.uk.

  15. Applicable Law

    The construction, validity and performance of this Agreement shall be governed by English law and the Customer irrevocably submits to the exclusive jurisdiction of the English Courts.

  16. Events beyond our Control

    The Council will not be in breach of this agreement or otherwise liable for any delay in performance if to the extent that any delay or failure is due to the circumstances beyond its reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems, or network access, flood, fire explosion or accident.

  17. Invalidity

    If any part of the terms of this agreement is unenforceable (including any provision which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

  18. Complaints

    Should you have any complaints regarding the Local Land Charges On-line Search Service please refer to the Council’s Complaints Procedure or write to the Head of Customer Services and Communications, Calderdale Metropolitan Borough Council, Westgate House, Westgate, Halifax, HX1 1PS.

Last Updated: 06/03/2013