Hillingdon Council Cabinet Member and Officer Decisions
Legal Service Fees and Charges
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Chief Officer Decision Notice Page 1 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Chief Officer Decision Notice For non-key decisions Notice is hereby given that the following Chief Officer Decision has been made, as delegated by the Cabinet/Cabinet Member or under their delegated authority in the Council’s Constitution. 1. NOTICE FOR PUBLICATION Title of decision Legal Service Fees and Charges Name and Title of Chief Officer(s) making the decision Daniel Toohey Head of Legal Services Directorate Corporate Services Reference No. 1413 Date of decision 29 April 2025 Relevant Ward N/A Details of Decision Taken Decision The Chief Officer (Head of Legal Services) agrees to: Approve the Fees and Charges including any increases as outlined in the attached Schedule 1 – Legal Services Fees and Charges 2025/2026. Reason for decision Legal Services fees and charges have not been reviewed for a number of years and therefore do not reflect inflation or the cost of the service accurately. A recent benchmarking exercise shows the fees and charges currently charged by Legal Services fall below those charged for the same or similar services by other Local Authority legal departments. Not increasing the fees and charges may impact Legal Services’ ability to maintain its high-quality, efficient service. Not increasing the fees and charges may result in the discretionary services provided by Legal Services being reduced. Alternative options considered and rejected Not to approve the proposed Fees and Charges or increase the current Fees and Charges is not recommended as it would not present best value for the Council and would impact on the ability for Legal Services to maintain its high-quality, efficient service. Chief Officer Decision Notice Page 2 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk Factors considered There are no relevant corporate considerations or implications in terms of public sector equality duty, stakeholder, internal consultation or HR aspects as a result of this decision. Report Author & Directorate Daniel Toohey, Head of Legal Services Legal and Finance Comments Finance comments The proposed amendments to the Fees and Charges have been undertaken in consultation with Finance. Legal Comments The Local Government Act 2003 provides a general power to charge for discretionary services. Legal Services confirm there are no legal impediments to the proposed increases. Appendices / report attached List here any report / appendices / e.g. tender evaluations or other documentation to be included in support of this decision Schedule 1 – Legal Services Fees and Charges 2025/2026. Exempt Classification Public Cabinet Member & other Chief Officer consultation Name and Title of any other Chief Officer(s) you have consulted with and as per any delegation. N/A Name and Title of the Cabinet Member you have consulted, and as per any delegation Councillor Jonathan Bianco Deputy Leader of the Council & Cabinet Member for Corporate Services & Property Any conflicts of interest declared N/A Chief Officer Decision Notice Page 3 This notice is a public document also available to view on the Council's website www.hillingdon.gov.uk by the Chief Officer making this decision and/or Cabinet Member who is consulted by the officer which relates to the decision - or if dispensation by the CEO was granted to them. Authority for this decision Detail authority from Cabinet or under delegated authority in the Constitution / Officer Scheme of Delegations Cabinet - November 2024 agreed: Delegate authority to the Head of Legal Services, in consultation with the Cabinet Member for Finance & Transformation, to set and vary legal fees chargeable to external third parties in respect of legal work undertaken by or on behalf of the London Borough of Hillingdon. Fees set or varied pursuant to this delegation shall be reported to Cabinet as part of the regular budget reporting processes. Note: the relevant portfolio holder for legal services is the Deputy Leader and Cabinet Member for Corporate Services & Property 2. APPROVAL Formal approval by Chief Officer making the decision Signed ………………………………………………………Date…29/04/2025………………….. Head of Legal Services Type of Fee/Charge Type Current Charge (Residents) VAT Status Current Charge (Non- Residents) VAT Status Proposed Charge (Residents) Increase Proposed Charge (Non-Residents) Increase Date of Last Change Effective Date Property Fees Section 42 Lease Extensions £1,200 £1,200 1400 16.67% 1400 16.67% Certificates of Compliance £150 £150 157.5 5% 157.5 5% Removal of Charge £60 £60 150 150% 150 150% Notices of Charge/Assignment/Transfer Varies Varies Dependent on Lease Terms 0% Dependent on Lease Terms 0% Deeds of Variations £500 £500 1250 140% 1250 140% Deeds of Restriciton £800 £800 1000 25% 1000 25% Licences to Assign £800 £800 850 6.25% 850 6.25% Licences to Underlet £1,500 £1,500 1575 5% 1575 5% Licences for Altertion £1,500 £1,500 1575 5% 1575 5% Licences to Occupy £1,000 £1,000 1050 5% 1050 5% Grazing Licences £800 £800 850 6.25% 850 6.25% Deeds of Easement/Wayleaves/ROW £800 £800 1250 56.25% 1250 56.25% Grant of New Shop Lease £800 £800 1250 56.25% 1250 56.25% Renewal of Shop Lease 0 0 100 100% 100 100% Grant of New Commercial Premises Lease £1,500 £1,500 1600 6.67% 1600 6.67% Renewal of Commercial Premises Lease £1,500 £1,500 1575 5% 1575 5% Right to Buy 0 0 100 100% 100 100% Buybacks 0 0 100 100% 100 100% Private Treaty & Auction Disposals Varies Varies 1% of sale price 1% of sale price Deeds of Surrender £500 £500 850 70% 850 70% Deeds of Surrender & Regrant of Lease £1,800 £1,800 1890 5% 1890 5% Deferred Payment Scheme 0 0 100 100% 100 100% Planning Fees Section 106 Agreement 1-5 obligations £3,000 £3,000 5000 66.67% 5000 66.67% Section 106 Agreements 6-8 obligations £5,000 £5,000 7000 40% 7000 40% Section 106 Agreements 8-10 obligations £7,000 £7,000 9000 28.57% 9000 28.57% Section 106 Agreements Each Additional Obligation over 10 0 0 1000 100% 1000 100% Statements of Intent £1,000 £1,000 1050 5% 1050 5% Unilateral Undertakings - Non Complex £1,000 £1,000 1050 5% 1050 5% Unilateral Undertakings - Complex £2,000 £2,000 2100 5% 2100 5% Unilateral Undertakings used in/for Appeals Section 106 Scale Section 106 Scale 5000-9000 66.67%-100% 5000-9000 66.67%-100% Deeds of Variation - Basic £750 £750 1250 66.67% 1250 66.67% Section 278 Agreements - Non Complex £2,000 £2,000 2500 25% 2500 25% Section 278 Agreements - Complex £3,000 £3,000 3500 16.67% 3500 16.67% Section 38 Agreements - Non Complex £2,000 £2,000 2500 25% 2500 25% Section 38 Agreements - Complex £3,000 £3,000 3500 16.67% 3500 16.67% Nomination Agreements - Non Complex £2,000 £2,000 2100 5% 2100 5% Nomination Agreements - Complex £3,000 £3,000 3150 5% 3150 5% Bond/Admission/Guarantor Agreements Relating to Admission to LGPS 2000 2000 2100 5% 2100 5% Administration Fees Engrossment/Sealing Fee 0 0 100 100% 100 100% Hourly Rates Solicitors and legal executives with 8+ years of experience £68 £68 £272 300% £272 300% Solicitor and legal executives with 4+ years of experience 68 68 £233 242.65% £233 242.65% Other solicitors or legal executives and fee earners of equivalent experience 68 68 £189 177.94% £189 177.94% Trainee solicitors, paralegals and other fee earners 52 52 £134 157.69% £134 157.69% SSchedule 1 – Legal Services Fees and Charges 2025/2026.