Summary: We will not investigate this complaint about damage caused to Mr X’s property by development work near to his home. it is reasonable for him to seek a remedy by making a claim against the developers or the Council and to seek redress in the courts if liability is not accepted.

The complaint

1. Mr X complained about development work at the rear of his home which he says caused cracking and movement of internal fittings due to vibration from plant , vehicles and excavations nearby. He also says some exterior fixtures were damaged. He says the Council or the developer should pay him compensation for the damage and disturbance caused by the development.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered the information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X says his home has suffered cracking and damage to doorframes caused by vibration from development work nearby. The work began in late 2022 and he complained to the Council about the proximity of the excavations which he was worried may lead to structural damage. He also complained about the length of time the works were taking and insufficient notice of when they were to commence.
6. The Council rejected any liability for damage to Mr X’s home but commissioned a structural survey with the developers to check the effect on Mr X’s home. The survey did not find structural damage and the developers offered to carry out minor repair works.
7. Mr X says the developers took a long time to carry out the works and that the Council did not properly supervise the building site. The Council says the developers were responsible for the works and their sub-contractors and that site safety was not breached.
8. Once plans for a development are approved the works can begin at any time within the 3-year planning validity period. There is no requirement for the developer or the Council to notify residents of particular works other than any road closures. Once the works have started there is no time limit on how long they may take to complete.
9. Negligence claims and interpreting the law around legal torts are generally best decided by a court where no insurance liability is accepted. Only a court can decide whether the problem should have been dealt with by the council before it caused any harm or if the council is liable to pay “damages” for the loss or injury suffered.
10. It is reasonable for Mr X to submit an insurance claim against the developer or the Council and to seek a remedy in the courts if no liability is accepted.

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Final decision

11. We will not investigate this complaint about damage caused to Mr X’s property by development work near to his home. it is reasonable for him to seek a remedy by making a claim against the developers or the Council and to seek redress in the courts if liability is not accepted.

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Investigator's decision on behalf of the Ombudsman