Why we are collecting your data

Chelmsford City Council is a data controller. This means we need to collect First Homes applicant(s) personal data for the purposes of assessment and approval of their First Homes application (or otherwise) and the subsequent issuing of the Authority to Proceed form and Authority to Exchange form (which includes the Compliance Certificate). We will only collect the personal data that we need to deal with an application.

Information collected

Chelmsford City Council will collect and use the following information in relation to the applicant or joint applicants.

  • Personal details, including title(s), first name(s), middle name(s), surname(s) date(s) of birth, contact telephone number(s), email address(es), current address(es).
  • Evidence of where applicant(s) live, such as rent books, rental contract, landlord references, utility bills, council tax bill, bank statement or driving license.
  • Family, lifestyle and social circumstance, which this will include the relationship status of applicant(s), confirmation that all the applicant(s) are first time buyers (including a legal declaration confirming that they are a first-time buyer(s)) and whether the applicants are buying because of the local connection eligibility criteria.
  • Applicant(s) declaration that they will occupy the First Home as their only or main residence.
  • In the case applicant(s) meeting the Armed Forces eligibility criteria, whether the applicant(s) are divorced or separated spouse or civil partner of a member of the Armed Forces, or the spouse or civil partner of a deceased member of the Armed Forces (if their death was caused wholly or partly by their service), or a veteran within five years of leaving the Armed Forces. This includes a declaration from the applicant(s) confirming the above.
  • National Insurance Number of each applicant.
  • Mortgage and financial details, which will include the applicant(s) deposit cash contribution, amount and percentage of proposed mortgage, mortgage lender, confirmation of whether the applicant(s) mortgage lender issued decision in principle for the mortgage, all financial and non-financial incentives provided by the builder (as applicable), reservation fee paid for the First Home, market value of the First Home, First Home discount percentage, discount market price (price to be paid by the proposed applicant(s) after applying the First Homes discount to the market value), income, capital, savings, and equity, the household income of both applicants (if a joint application) to include the gross employment/self-employment income and other income for each proposed purchaser. Evidence of household income which may include payslips/bank statements, in the case of self-employment signed off accounts.
  • Confirmation of Mortgage offer and that it is at least 50% of discounted property value (evidence of mortgage decision in principle).
  • Occupation of each applicant, whether (either) of the applicant(s) meet the keyworker/essential worker criteria (employer name and address, job title/role). Declaration from the applicants if they are a keyworker/essential worker. Evidence of where they work (such as a letter from employer, employment contract, ID/warrant card, payslips, Armed Forces ID card).
  • Applicant(s) declaration that they are either a UK National, an EEA citizen, a person with indefinite leave to remain or other. This information is used for equal opportunities monitoring purposes only and will be anonymised.
  • Applicant(s) ethnicity and whether any of the applicant(s) or members of their household consider themselves to be disabled or use a wheelchair. This information is used for equal opportunities monitoring purposes only and will be anonymised.

Chelmsford City Council will collect the following information in relation to a First Home that the applicant(s) are proposing to purchase:

  • House type to be purchased (detached/semi-detached/terraced/flat)
  • Tenure of First Home (freehold/leasehold)
  • Number of bedrooms in the First Home
  • Plot number and site address of First Home
  • Scheme /development name and reference
  • Date of Reservation of the First Home
  • Expected Build Completion Date
  • Expected date for exchange of contracts of the First Home
  • Forecast First Home purchase legal completion date
  • Date Plot Marketing Commenced

Chelmsford City Council collect the following information in relation to the Developer:

  • Developer
  • Contact Name
  • Address
  • Email address
  • Contact telephone number
  • Reference (if known)
  • Confirmation (signed) that they have fully completed the First Homes application and obtained the enclosed evidence, and the application is complete, and the homebuyer(s) meets all the eligibility requirements of Chelmsford City Council and are recommending it to Chelmsford City Council to issue its First Homes Authority to Proceed.
  • Confirmation (signed) that if applicable the applicant(s) are proceeding on the National criteria, the First Home was marketed for three months to the local criteria and no proceedable enquiry could be progressed.

Or current First Homes Owner:

  • Title(s)
  • First Name(s)
  • Middle Name(s)
  • Surname(s)

Chelmsford City Council collect the following information in relation to the applicant(s) conveyancer:

  • Contact Name
  • Firm
  • Address
  • Contact telephone number
  • Email address
  • Reference (if known)
  • Solicitor’s undertaking signed

Chelmsford City Council collect the following information in relation to the applicant(s) mortgage advisor:

  • Contact Name
  • Firm
  • Address
  • Contact telephone number
  • Email address
  • Reference (if known)
  • Confirmation (including signature) that they have fully completed the First Homes application and obtained the enclosed evidence, and the application is complete, and the homebuyer(s) meets all the eligibility requirements of Chelmsford City Council and are recommending it to Chelmsford City Council to issue its First Homes Authority to Proceed.

Who provides this information

Chelmsford City Council will receive this information from the developer for the First Home scheme or in the case of resales from the applicant(s) estate agent. This comes via the First Homes Application submitted on our website.

Who we will share your information with

We are required by Homes England to share the completed Authority to Proceed form and Authority to Exchange (and Compliance Certificate) with:

  • the applicant(s)
  • the applicant(s) conveyancer
  • the applicant(s) mortgage advisor (in the case of resales)
  • the developer (in the case of first sales)

Personal data may need to be shared with Homes England and the Department for Levelling Up, Housing and Communities (DLUHC) for reporting and monitoring purposes.

All parties that we share your data with will respect the security of your data and treat it in accordance with the law. For more information on how your personal data is managed by Homes England and the DLUHC, please refer to the appropriate privacy notices below:

Any information which is shared will only be shared on a need-to-know basis, with appropriate organisations. Only the minimum information for the purpose will be shared.

We will never sell your data. However, we may share some of your personal information with third parties to:

  • help prevent fraud.
  • pursue people or companies who owe us money. We may share your information with debt collection agencies.
  • help us if we are need additional professional or legal advice on a matter relating to you.
  • to improve and optimise the performance of our website. Analytics and search engine providers that we use can collect your data when you interact with us online. However, they will aggregate and anonymise the information, meaning we can’t identify any individual personally.
  • work out if a grant we have spent was successful in achieving its aims. This could be funding from the Government or a grant from a local, regional or national organisation. However, they will aggregate and anonymise the information, meaning we can’t identify any individual personally.

Providing accurate information

We need to hold accurate and up to date information about you so that we can deliver appropriate services. If any of your details change, you need to tell us as soon as possible so that we can update your records.

We will not:

  • use your information for marketing or sales purposes without your prior explicit consent.
  • send or store your data abroad unless it meets the requirements of the Data Protection regulations.
  • make decisions about you based on automated processing.

The basis for the processing

We have legal grounds under the UK GDPR to process this information. 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 Council.

How long we hold your data

The application forms and associated evidence provided by the developer/estate agent will be held securely by us for a period of no longer than three months from legal completion of the property - unless we are required by Homes England to retain the information for longer. The name, address and contact details of the applicant(s) plus the Authority to Proceed form, Authority to Exchange form and the Compliance Certificate will be retained by the Council until the property is resold.

How we keep your information

The information is stored electronically, on the Council’s network including records management systems.

Your rights

You have the right to access the personal information we hold about you. Any access requests are free of charge.

If the information we hold about you is inaccurate, you have a right to have this corrected and you have the right to request completion of incomplete data.

You have the right to ask us to erase your personal data in certain circumstances (‘right to be forgotten’).

You have the right to ask us to stop or restrict the processing of your personal data, in certain circumstances. Where possible, we will seek to comply with your request, but we may need to hold or process information to comply with a legal requirement.

You can make any of these requests by:

Digital Services
Chelmsford City Council
Civic Centre
Duke Street
Chelmsford
CM1 1JE

Email: ir@chelmsford.gov.uk

Tel: 01245 606606

If you are dissatisfied with how we have used your personal information, you can complain to the Information Commissioner’s Office at casework@ico.org.uk

Identity of Data Protection Officer

Our designated Data Protection Officer is John Breen.

You can contact him by emailing ir@chelmsford.gov.uk

Contact details

Chelmsford City Council
Civic Centre
Duke Street
Chelmsford
CM1 1JE

Email: ir@chelmsford.gov.uk

Tel: 01245 606606

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Last updated: 05 December 2022