See notes
1. A list of domestic properties within the Wokingham Borough Council area that have been recorded by the council as empty (unoccupied and substantially unfurnished) for a continuous period of 6 months or more, for the period 1 January 2024 to 31 December 2024. Please include: address (uprn if available), date first recorded as empty, current status (e.g., owner contact attempted, enforcement action, subject to sale), and whether the property appears on any council priority/empty-homes register.
The Council reviewed the information that it released following decision notices published by the Information Commissioner and other Councils responses to Freedom of Information requests in regards to empty properties. While numbers may be published (can view our disclosure log for recent figures) the locations are not published.
We are applying the following exemptions in relation to this request; Section 31(1)(a) law enforcement. Freedom of Information requests are a response to the wide world, and answers are published on to the Councils website.
The provision of a list of empty properties would make it easier for criminals to identify targets for property crimes. Individuals that require information to empty properties are able to go through other routes such as the Land Registry or contact the Council departments directly and present lawful rationale for supplying the data. This is not something that we would willing put into the public domain. As a result, we consider that disclosure of this information would be likely to prejudice the prevention of crime.
Release of this type of information where buildings are situated, would increase the potential for:
• Buildings to be targeted by squatters
• Buildings to be targeted by criminals or terrorists intent on hiding or depositing proceeds of crime of terrorist materials
• Premises to be identified as short-term hiding places by criminals or terrorists
• Premises to be targeted by vandals or street artists
The Council recognises the public interest in openness and transparency, however, we consider this does not outweigh the stronger case against disclosure of these exemptions. There have been a number of cases that have gone to Tribunal where they have found that combined factors in favour of maintaining the exemption contributed very considerable weight to the public interest in withholding the information.
Unfortunately we cannot take motives into account when deciding what information to disclose under the FOI Act as disclosure under this legislation is disclosure to the general public.
We appreciate that some requesters will have honest motives for requesting this information. Wokingham Borough Council charge double the rate of Council Tax for properties that have been left empty for a 12 month period.
2. Copies of any policies, guidance or internal criteria used to decide whether an empty-homes record is published publicly or withheld.
We do not hold anything in relation to this. Officers discussed this verbally and have looked at material that is available online – other Councils approaches, ICO guidance and Tribunal decisions.
3. Copies of any relevant public-interest or s31 (prejudice to law enforcement) assessments, redaction logs, or reasons the council relied on when deciding to withhold or redact empty-homes addresses in the last 24 months.
Consideration of Decisions notices from the ICO and the Courts in relation to Empty Properties. Reviewing what other Councils have published on their websites and reasons for withholding.