Cinneadh
Right To Know CLG and Tailte Éireann
Ó Oifig an Choimisinéara um Fhaisnéis Comhshaoil
Cásuimhir: OCE-147108-R2Q7W3
Foilsithe
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Ó Oifig an Choimisinéara um Fhaisnéis Comhshaoil
Cásuimhir: OCE-147108-R2Q7W3
Foilsithe
Teanga: Níl leagan Gaeilge den mhír seo ar fáil.
Whether Tailte Éireann’s decision to give access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect under article 7(3)(a)(ii) of the AIE Regulations was justified.
13 October 2025
1. On 28 February 2024, the appellant contacted Tailte Éireann (TÉ) with the following request, indicating that the request should cover the date range from January 2023 to the date of the request:
“Under the AIE Regs to request any records regarding
- an API for access to LandDirect
- the release of LandDirect data under the Open Data Directive and/or Reuse of Public Sector Information regulations”.
2. TÉ responded to this request on 1 March 2024 by merely stating that Section 3(1)(a)(f) of the AIE Regulations defines “environmental information” and refused the appellant’s request on the basis that “an API for access to LandDirect or the release of data from LandDirect does not fall under the scope of the regulation and as such will not be released”.
3. The appellant requested an internal review on 4 March 2024, citing 3(1)(a) of the AIE Regulations and also noting his position that “ownership has an obvious impact on environment, and currently the LandDirect user interface forces user to look at land record-by-record”.
4. TÉ issued its internal review decision on 5 March 2024, affirming the original decision regarding the appellant’s request. Again, beyond citing article 3(1) of the Regulations, TÉ provided no reasons as to why the information at issue is not captured by any of the definitions of environmental information contained within article 3(1) of the AIE Regulations.
5. The appellant submitted an appeal to this Office on 5 March 2024.
6. I am directed by the Commissioner to carry out a review under article 12(5) of the Regulations. In carrying out my review, I have had regard to all submissions made. I have also examined the contents of the records at issue. In addition, I have had regard to:
• the judgments inMinch v Commissioner for Environmental Information 2017 IECA 223 (Minch) ,Redmond & Anor v Commissioner for Environmental Information & Anor 2020 IECA 83 (Redmond) ,Electricity Supply Board v Commissioner for Environmental Information & Lar Mc Kenna 2020 IEHC 190 (ESB) and Right to Know v Commissioner for Environmental Information & RTÉ 2021 IEHC 353 (RTÉ) ;
• the judgment of the Court of Appeal of England and Wales inDepartment for Business, Energy and Industrial Strategy v Information Commissioner [2017] EWCA Civ 844 (Henney) which is referenced in the decisions inRedmond, ESB and RTÉ ;
• Directive 2003/4/EC (the AIE Directive), upon which the AIE Regulations are based;
• the 1998 United Nations Economic Commission for Europe Convention on Access to
Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (the Aarhus Convention); and
• The Aarhus Convention—An Implementation Guide (Second edition, June 2014) (‘the Aarhus Guide’).
7. What follows does not comment or make findings on each and every argument advanced but all relevant points have been considered.
8. TÉ is a state agency in Ireland responsible for property registration, property valuation, and national mapping services. It was established in 2023 by merging the Property Registration Authority (PRA), the Valuation Office (VO), and Ordnance Survey Ireland (OSI). TÉ's key functions include providing a property registration system, a property valuation service, and maintaining the national mapping and surveying infrastructure.
9. Beyond citing the article 3(1) definition of “environmental information”, TÉ’s position that the information requested is not environmental information was not accompanied by any further reasoning at original decision stage or internal review as to why TÉ are of the view that the information does not fall under article 3(1) of the AIE Regulations.
10. TÉ provided a brief submission to this Office via email on 7 May 2024, wherein it referenced the National Data Register and outlined that “data on the register is made available through www.LandDirect.ie , which is searchable without a fee but the more detailed information from the register is provided on the basis of a fee”. TÉ also noted its compliance with its obligations in relation to provided its Land Registry boundary data.
11. What was notably omitted from any correspondence from TÉ was any reasoning for its reliance on article 3(1) of the AIE Regulations in this case. In addition, TÉ were also asked by this Office to provide any subject records relating to this case. In response, TÉ confirmed that “they do not hold any main records that all records are available through www.LandDirect.ie , which is searchable without a fee but the more detailed information from the register is provided on the basis of a fee”.
12. During this investigation, the Investigator accessed the National Land Cover Map, which was produced by the National Mapping Division of TÉ in partnership with the Environmental Protection Agency (EPA). The EPA’s website outlines that the “aim of a land cover map is to map what is physically present on the Earth’s surface, for example forests, grasslands, and artificial areas”. It also states that the land cover map will “have many uses in environmental assessments on water, climate, air, noise, and biodiversity and will be an important resource into the future”.
13. Article 3(1)(a) of the AIE Regulations provides that “environmental information” means -
“any information in written, visual, aural, electronic or any other material form on:
(a) the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements”
14. Access to LandDirect and the release of LandDirect data would give access to land map boundary data, of which a map is visual information on the state of elements of the environment, including water, land, landscape and natural sites. Accordingly, the Investigator considered the information requested in this case to come within category 3(1)(a) of the definition of environmental information.
15. Given that the other provisions provided for in the AIE Regulations generally only fall to be considered where information is, in the first instance, “environmental information”, the Investigator wrote to TÉ, asking for clarification on whether TÉ continued to be of the view that the information requested is not “environmental information” under the AIE Regulations or if TÉ is in a position to accept that the information requested is “environmental information” under the AIE Regulations.
16. The Investigator’s request for submissons to TÉ also considered TÉ’s initial submission to this Office wherein TÉ had outlined the following:
“The National Land Register is considered to be a public register but not a completely open register. Data on the register is made available through www.LandDirect.ie , which is searchable without a fee but the more detailed information from the register is provided on the basis of a fee”
17. Article 7(3) of the AIE Regulations is the relevant provision regarding access in a particular form or manner. The Investigator set out that as it was her current position that the information requested is environmental information under the AIE Regulations, that she considered it appropriate to assess if TÉ’s provision of data on the land direct register website by way of a map as opposed to the provision of an API is warranted in line with article 7(3).
18. TÉ’s response set out that it “is in agreement with [the Investigator’s] view that the information available through LandDirect.ie does fall under environmental information”. However, TÉ’s submissions noted that TÉ are “not in a position to release the information in the scope or manner requested”. In addition, TÉ’s submissions also outlined that “there is currently no access to information from the Land Register through an API, from LandDirect.ie or any other portal, and reasonable access to the information has been provided to all members of the public in accordance with current legislation and the Open Data Directive”.
19. I also wish to note here the appellant’s request wherein the appellant had requested “the release of LandDirect data under the Open Data Directive and/or Reuse of Public Sector Information regulations”. The appellant’s statement of appeal, received in this Office on 5 March 2024, specifically states that the information was requested under the AIE Regulations. Accordingly, as this is an appeal that was received in respect of AIE, it can only be dealt with under those Regulations. It is open to the appellant to make a request under a different access regime, should they wish to do so.
20. In accordance with article 12(5) of the AIE Regulations, the role of this Office is to review the public authority’s internal review decision and to affirm, annul or vary it. Where appropriate in the circumstances of an appeal, I will require the public authority to make available environmental information to the appellant.
21. As set out above, TÉ’s updated position is that the information sought in this case is environmental information. Accordingly, article 3(1) of the AIE Regulations is no longer being considered.
22. In all the circumstances, I am satisfied that the scope of this review now solely concerns whether TÉ’s decision to give access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect under article 7(3) of the AIE Regulations was justified.
23. I note that API stands for “Application Programming Interface” and that APIs are commonly used for the release of information and data-sharing online.
24. As set out above, TÉ were invited to make submissions during the course of this appeal. In its response, TÉ provided some background information concerning LandDirect.ie. TÉ submitted that LandDirect.ie was developed to provide an electronic means for members of the public to search the National Land Register for basic details of whether a parcel of land has been registered on the Land Register, and if so, the folio number is provided. TÉ submitted further details in relation to the registered title appearing on that folio are protected under legislation.
25. TÉ set out that LandDirect business account holders are provided access to certain further details about pending applications for registration on the Land Register for a specific folio, such as lodging party, date and type of application etc., to assist when carrying out searches when engaged in the conveyancing process. TÉ added that all business account holders must pay the same fees as members of the public when requesting copies of folio or filed plans (maps) through their LandDirect business account.
26. TÉ outlined that there are two different maps in use on LandDirect.ie – the National Map (Surveying) and the Land Registry Map.
• TÉ submitted that the The National Map (Surveying) is TÉ’s detailed, object-based digital mapping database that underpins Ireland’s national mapping system. TÉ submitted that it stores real-world features like buildings, roads, and water bodies as individual, topologically connected objects with rich attribute data. Captured to sub-metre accuracy and regularly updated, TÉ submitted that the National Map provides a consistent and authoritative spatial framework for mapping, analysis, and decision-making across a wide range of sectors.
• TÉ submitted that The National Map is used to create MapGenie basemaps, one of which is used on LandDirect.ie, which are updated periodically as data is updated within the National Map. TE noted that the basemaps are available through the Open Data Directive.
• TÉ submitted that the Land Registry Map identifies legal property boundaries of registered land in Ireland. TÉ noted that it does not show where physical features are on the ground, and the Land Register does not record the existence of any buildings or otherwise on the property.
• TÉ submitted that the legal extent of a parcel of land is determined by the documents lodged for registration of the property. TÉ added that the Land Registry Map is an index map only and plots the ownership of property on the Land Register using the map lodged for registration.
• TÉ further submitted that the use of the national topographical map as a reference base layer is to assist members of the public in showing approximately where on the ground the property boundary is. TÉ added that in simple terms, only the red lines you see to denote the legal property boundary on LandDirect.ie, and any registered burdens marked in yellow, come from the Land Registry Map. TÉ also noted that the information recorded on the Land Register has been prescribed by legislation.
27. TÉ submitted that there is currently no API facility in place for LandDirect and as such TÉ are not able to provide the records as requested. TÉ set out that the use of an API is a request that TÉ have had on occasion from different Departments, for example National Parks and Wildlife, however, efforts to date to enable API sharing of the data have not progressed to completion for administrative, legal and security reasons.
28. TÉ added that the legal and governance approvals regarding the Terms of Use in particular have not been secured, and submitted that any decision to provide API access to LandDirect, and the Land Register data it holds, is not entirely within the control of TÉ as it would require a broad range of consultation with Government Departments, legislators and stakeholders to obtain various approvals and sanctions to amend current legislation.
29. In regard to the security of API access, TÉ submitted that the Land Register provides a critical legal infrastructure for the state and the integrity of the data contained on the Register is relied on for hundreds of thousands of conveyancing transactions each year. TÉ submitted that the complexities of providing all, or partial, data by API, and the risks of any delays in the administrator’s side of the API process, could result in significant inconsistencies during the process of purchasing property which could result in claims for compensation against the exchequer or prolonged court proceedings. TÉ further submitted that these factors must be mitigated for in any decision to provide access to the live Register and detailed analysis would be required to understand the restrictions imposed on use of such data.
30. TÉ outlined that there are in excess of 2.2 million registered parcels of land in the state and explained that a copy of a folio with map is currently prescribed under the Land Registration Fees Order to be €40 per folio. TÉ submitted that to provide this information without charge would have a direct impact on the exchequer and would require an amendment to current legislation. In addition, TÉ outlined that requests for copy folios, or copy folios with map, received via LandDirect.ie alone generate in excess of €10M revenue for the State each year. TÉ added that this figure does not take into account requests received by post, nor the significant volume of requests for certified copy folios which are lodged as part of an application for registration in paper form.
31. Article 7(1) of the AIE Regulations provides a public authority shall, notwithstanding any other statutory provision and subject only to the AIE Regulations, make available environmental information that is held by or for them on request.
32. Article 7(3)(a) of the AIE Regulations provides that where a request has been made to a public authority for access to environmental information in a particular form or manner, access shall be given in that form or manner unless (i) the information is already available to the public in another form or manner that is easily accessible or (ii) access in another form or manner would be reasonable. Article 7(3)(b) provides that where a public authority decides to make available environmental information other than in the form or manner specified in the request, the reason therefore shall be given by the public authority in writing.
33. I wish to highlight that article 7(3) of the AIE Regulations can only be considered where a public authority has identified relevant information held by or for it, determined that information should properly be released (i.e. that no exemption provision in article 8 or 9 of the AIE Regulations (subject to article 10) applies), and has then decided to give access to that information other than in the form or manner requested.
34. Article 7(3)(a) of the AIE Regulations transposes part of Article 3(4) of the AIE Directive, which provides that where an applicant requests a public authority to make environmental information available in a specific form or format (including in the form of copies), the public authority shall make it so available unless (a) it is already publicly available in another form or format which is easily accessible by applicants or (b) it is reasonable for the public authority to make it available in another form or format, in which case reasons shall be given for making it available in that form or format.
35. Article 3(4) of the AIE Directive goes on to state “[f]or the purposes of this paragraph, public authorities shall make all reasonable efforts to maintain environmental information held by or for them in forms or formats that are readily reproducible and accessible by computer telecommunications or by other electronic means”. This wording, which is reflective of Article 5(3) of the Aarhus Convention, was not transposed by article 7(3) of the AIE Regulations. However, I do note that article 5(1)(b) of the AIE Regulations states that a public authority shall “make all reasonable efforts to maintain environmental information held by or for it in a manner that is readily reproducible and accessible by information technology or by other electronic means”.
36. As indicated, it is not within my powers to examine the implementation of article 5(1)(b) of the AIE Regulations by public authorities generally. However, a public authority’s implementation of article 5(1)(b) of the AIE Regulations may impact its ability to rely on article 7(3) of the AIE Regulations. In cases involving article 7(3) of the AIE Regulations this Office may consider whether the particular information requested is the kind of environmental information that one would expect to be maintained in a manner that is readily reproducible and accessible electronically. Greater implementation of article 5(1)(b) of the AIE Regulations by a public authority, may increase the likelihood that article 7(3) of the AIE Regulations can be relied upon or that information can be obtained by members of the public without the need to submit an AIE Request. It is also of note that, while a public authority can only engage article 7(3) of the AIE Regulations where it has been determined that the information should properly be released under the AIE Regulations, the AIE Regulations are just one access regime and there is nothing in the AIE Regulations which precludes a public authority from providing access to information outside the regime, even if access would be denied as a result of one of the exemptions in the AIE Regulations.
37. TÉ did not explicitly reference article 7(3) in its decisions, however the Investigator was of the view that TÉ’s provision of data on the Land Register through www.LandDirect.ie rather than providing access via an API as requested by the appellant constitutes to a reliance on article 7(3)(a) due to TÉ offering access via the online LandDirect platform. As such, TÉ were also asked to provide any submissions it wished to make regarding article 7(3) of the AIE Regulations.
38. TÉ’s submissions made reference to article 7(3)(a)(ii) of the AIE Regulations, which sets out that “where a request has been made to a public authority for access to environmental information in a particular form or manner, access shall be given in that form or manner unless— (ii) access in another form or manner would be reasonable”. In addition, TÉ set out following:
“There is no API facility in place for LandDirect and as such the information cannot be provided in the requested form”. Access to information on the Land Register is restricted under Statute and access to information is in accordance with Rule 165 of the Land Registration Rules, 2012 (S.I. No. 483/2012) and the Land Registration (Fees) Order, 2012 (S.I. No. 380/2012). Applications for copy folio, or copy folio file plan may be made via LandDirect or by post to TÉ with details of how to do so available on its website (https://tailte.ie/services/copy-services/). TÉ also provide a Bulk Data Request option. The requests are susceptible to applicable fees. Details can be found on the Data Sharing section (https://tailte.ie/data-sharing/) of TÉ’s website”.
39. The investigator had also asked TÉ some specific queries relating to the appellant’s request, which included the following:
i. TÉ were asked to provide full details of the actual steps that would be necessary to extract the relevant data from the National Land Register in order to provide an API for access to LandDirect for the dates specified by the appellant
ii. TÉ were asked to provide an estimate of the number of hours and number of staff required to process this request, relative to the number of staff and other work of TÉ.
iii. TÉ were asked to outline any relevant categories of information that would form the data within an API for LandDirect.
iv. TÉ were asked to explain clearly why TÉ considered that by giving access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect that the information at issue is easily accessible to the appellant.
v. TÉ were asked to explain clearly why TÉ considered that access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect is reasonable.
40. Within its response, TÉ reiterated that there is no API facility currently in place for LandDirect.ie or the Land Register. TÉ submitted that it is furthermore not possible to provide the information as requested in its current form. TÉ outlined that the Land Register is a living Register, with in excess of 400,000 transactions recorded each year. TÉ explained that the search function available on LandDirect.ie is a mechanism to search the current Land Register only. TÉ noted there is no archive version retained as the Register must be maintained in live form for integrity of the legal conveyancing process. TÉ outlined that no outdated copies of the register may be made available to any member of the public, in any form, for legal reasons. TÉ further added that a record of each transaction is recorded on the relevant folio as the transaction is completed, and the Register is updated on an ongoing basis.
41. TÉ submitted that the technical capabilities to enable API access to the Land Registry data via LandDirect.ie are not the root cause of why it is not currently available. TÉ estimated that it would take approximately six months and 30% of current ICT resources in this area to develop the infrastructure required. TÉ outlined that there are currently two major projects in progress in TÉ to update the technology in use behind LandDirect.ie and the internal registration processing systems and these efforts are expected to take 18 – 24 months to complete. TÉ noted that any project to build an API for LandDirect could not be progressed until the current projects are completed.
42. TÉ submitted that any decision to provide API access to the National Land Register is not within the control of TÉ. TÉ outlined that the Register is a public record, of which LandDirect is a portal, and any person may search the map provided free of charge. Further information relating to the folios and maps are available on payment of the prescribed fees and restricted under legislation. TÉ set out that consultation with Government bodies, legislators, the law society, and many other key stakeholders would be required. In addition, TÉ submitted that considerable expenditure of time and resources for senior management of TÉ would be involved in this work to secure the necessary approvals and any change to legislation would take a substantial commitment from various Government Departments.
43. As noted above, the investigator asked TÉ to outline any relevant categories of information that would form the data within an API for LandDirect. TÉ cited Rule 3 of the Land Registration Rules 2012 ( S.I No. 483/2012 ) which provides the details recorded on a folio on the Land Register. TÉ submitted that no further categories of information could be released as no further information is retained on the Register. TÉ also noted that the National Map basemap contains all of the topographical features you may expect to see on such a map and that that these basemaps are available to the public through the open data directive.
44. In considering if the information at issue is easily accessible to the appellant, TÉ submitted that “LandDirect.ie is an easy to use, interactive search portal which provides all the information that is publicly available about the Land Register, including whether the parcel of land is registered or unregistered, the folio number and whether there are any applications pending on the folio”. TÉ added that “any member of the public may search by folio number, address, or Eircode to locate the property of interest and see the publicly available details for the parcel of land selected”.
45. TÉ also outlined that further details of the Land Register are protected under statute and are available to members of the public on payment of the appropriate fee. In addition, TÉ set out that a plain copy of a folio, with all the information available on the Land Register relating to that folio, is available by clicking ‘Add to Basket’ within LandDirect.ie. TÉ added that on payment of the appropriate €5 fee for a plain copy, the copy folio will be available for instant download and viewing.
46. In considering if TÉ’s provision of access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect is reasonable, TÉ submitted that LandDirect.ie was developed to provide an electronic means for members of the public to search the Land Register for basic details of whether a parcel of land has been registered on the Land Register, and if so, the relevant folio number is provided.
47. TÉ outlined that the search functionality is available free of charge to any member of the public to access details of the Land Register which are available publicly. TÉ explained that any user may explore the interactive map to search by folio number, address, townland, Eircode or by coordinates to find the property details they need. TÉ added that any member of the public may also choose to enable property alerts for a number of folios they wish to monitor activity on.
48. In addition, TÉ submitted that access to property alerts is provided free of charge through registration on LandDirect.ie. TÉ set out that on lodgement of any application for registration, where a change to the folio or map is sought, a message is sent by SMS or email to the registered property alert user. TÉ submitted that all further details in relation to the registered title appearing on a folio are protected under legislation and are available on payment of appropriate fees. TÉ explained that any user may search on LandDirect.ie, click on the property of concern, and add the folio to the shopping cart to initiate a transaction to purchase a copy folio. TÉ noted that a plain copy of the folio is available for instant download once the online payment of €5 is made, and also added that should an official certified copy be required, or a copy of the relevant map, the fee per folio is €40 and again this may be requested directly through LandDirect.ie in the same way as above.
49. TÉ’s submissions were shared with the appellant for any further comments they wished to make but no response was received in the allowed timeframe.
50. The Investigator had some follow up correspondence with TÉ to address one additional query which had not been addressed from the appellant’s original request. The appellant had provided a link to the Data Catalogue website which appeared to suggest that an API for LandDirect existed but the appellant could not locate it. In response, TÉ confirmed that this information is incorrect and reiterated its position that no API exists for LandDirect. TÉ also noted that it will request an update to the Data Catalogue to reflect this.
51. The AIE Regulations make it clear that the default position is that an appellant is entitled to be provided with information in the form or manner requested. It is only possible to depart from that default position where the requirements of article 7(3)(a)(i) or 7(3)(a)(ii) are satisfied. As previously set out, TÉ’s submissions in this case made reference to article 7(3)(a)(ii). Accordingly, I will consider whether it is reasonable for TÉ to provide access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect.
52. The reasonableness requirement in article 7(3)(a)(ii) must be interpreted teleologically in line with the purpose of the Directive (see National Asset Management Agency v Commissioner for Environmental Information [2015] IESC 51, paragraph 10). As article 7(3)(b) makes clear, it is for the public authority in question to provide reasons as to the basis on which it considers the provision of information in an alternative form or manner to be justified. Articles 3(5) and 7 of the AIE Directive also make it clear that arrangements must be in place to ensure the public are adequately supported in seeking access to information and that public authorities take steps to ensure that access can be effectively exercised.
53. Having considered TÉ’s submissions in full, I am satisfied that TÉ has adequately set out its reasons why it is reasonable to provide the appellant with access to the information sought in a form or manner other than specified in the request. In addition, I acknowledge the timeline and resources that would be needed to develop the infrastructure required for an API. I also note TÉ’s position that there is no archive version of the Land Register retained as the Register is maintained in live form. Further, I note TÉ’s description of the interactive search portal and its position concerning the search functionality of the Land Register website.
54. Accordingly, taking all of the above into account, in my view it is reasonable for TÉ to provide access to Land Registry data by way of viewing and accessing the National Land Register online platform via the map on LandDirect in circumstances where TÉ has provided sufficient reasons as to why it cannot provide an API for LandDirect and has also clearly set out why access via LandDirect is reasonable. On that basis, I find that article 7(3)(a)(ii) applies in the circumstances of this case.
55. Having carried out a review under article 12(5) of the AIE Regulations, I affirm TÉ’s decision.
56. A party to the appeal or any other person affected by this decision may appeal to the High Court on a point of law from the decision. Such an appeal must be initiated not later than two months after notice of the decision was given to the person bringing the appeal.
Julie O’Leary
on behalf of the Commissioner for Environmental Information