FOI Release: Sensitivity and Disclosure of Land Register, Application Record and Archive Record Information

1. When members of the public obtain a copy of the title for a property, which often also discloses the price paid, and the name of the owner(s) of the property, have the Registers of Scotland ever refused to provide this information, or redacted the name(s) of the owner and/or price on the basis that is it commercially sensitive, confidential, or for any other reason? If so, why?

2. When members of the public obtain a copy of the 'application for registration' form which discloses the price paid and the supposed value of the property, the name of the owner(s) of the property, has the Registers of Scotland ever refused to provide this information, or redacted the name(s) of the owner and/or price and value on the basis that is it commercially sensitive, confidential, or for any other reason? If so, why?

3. Do the Registers of Scotland consider the identity of individuals or organisations who are landowners as commercially sensitive and or confidential? Is the identity of these individuals or organisations non-disclosable?

4. Do the Registers of Scotland consider the price paid and the value recorded by the Registers of Scotland for land acquired to be commercially sensitive, confidential, or non-disclosable for any other reason?

1. No. Registers of Scotland would not refuse to provide, or redact, this information from a title sheet. This information forms part of a public register, so it is made available to anyone who purchases a copy of a title sheet. RoS does not treat this information as commercially sensitive or confidential and it would not be subject to FOISA or DPA exemptions when released as part of the register itself.

Under the Land Registration etc. (Scotland) Act 2012, the Keeper is under a statutory duty to make the component parts of the Land Register available to the public. The Act provides no discretion to the Keeper to omit or redact information. This would apply to title sheets (the title sheet record, where ownership and consideration will be held), pending applications (the application record, where ownership and consideration and/or value information will be held) and historical applications (the archive record, where ownership and consideration and/or value information will be held).

However, when information that is not part of the Land Register itself is disclosed, for example emails, letters or documents held by RoS, the disclosure regime is different. In these cases, RoS is required to apply exemptions in line with Freedom of Information (Scotland) Act 2002 (FOISA) and Data Protection Act 2018 (DPA) legislation.

2. No. Registers of Scotland would not refuse to provide, or redact, this information from an 'application for registration' form. This information forms part of the application record, so it is made available to anyone who purchases a copy of the application form. RoS does not treat this information as commercially sensitive or confidential and it would not be subject to FOISA or DPA exemptions when released as part of the register/application record itself.

Under the Land Registration etc. (Scotland) Act 2012, the Keeper is under a statutory duty to make the component parts of the land register available to the public. The Act provides no discretion to the Keeper to omit or redact information. This would apply to title sheets (the title sheet record, where ownership and consideration will be held), pending applications (the application record, where ownership and consideration and/or value information will be held) and historical applications (the archive record, where ownership and consideration and/or value information will be held).

However, when information that is not part of the application record itself is disclosed, for example emails, letters or documents held by RoS, the disclosure regime is different. In these cases, RoS is required to apply exemptions in line with Freedom of Information (Scotland) Act 2002 (FOISA) and Data Protection Act 2018 (DPA) legislation.

3. No. Registers of Scotland does not consider the identity of individuals or organisations who own land to be commercially sensitive or confidential. The name and address of the current owner is made available as part of the Proprietorship Section on the title sheet.

Under the Land Registration etc. (Scotland) Act 2012, the Keeper is under a statutory duty to make the component parts of the land register available to the public. The Act provides no discretion to the Keeper to omit or redact information. This would apply to title sheets (the title sheet record, where ownership and consideration will be held), pending applications (the application record, where ownership and consideration and/or value information will be held) and historical applications (the archive record, where ownership and consideration and/or value information will be held).

However, when information that is not part of the application record or the land register itself is disclosed, for example emails, letters or documents held by RoS, the disclosure regime is different. In these cases, RoS is required to apply exemptions in line with Freedom of Information (Scotland) Act 2002 (FOISA) and Data Protection Act 2018 (DPA) legislation.

4. No. Registers of Scotland does not consider the price paid or the value recorded for land acquired to be commercially sensitive or confidential. Information relating to consideration (price paid) is reflected within the title sheet.

Under the Land Registration etc. (Scotland) Act 2012, the Keeper is under a statutory duty to make the component parts of the land register available to the public. The Act provides no discretion to the Keeper to omit or redact information. This would apply to title sheets (the title sheet record, where ownership and consideration will be held), pending applications (the application record, where ownership and consideration and/or value information will be held) and historical applications (the archive record, where ownership and consideration and/or value information will be held).

However, when information that is not part of the application record or the land register itself is disclosed, for example emails, letters or documents held by RoS, the disclosure regime is different. In these cases, RoS is required to apply exemptions in line with Freedom of Information (Scotland) Act 2002 (FOISA) and Data Protection Act 2018 (DPA) legislation.