Summary: We will not investigate Mr X’s complaint about the Council’s handling of a planning enforcement/building control matter. This is because Mr X’s injustice stems from substandard work by the developer and we could not hold the Council responsible for the cost of repairs.

The complaint

1. The complainant, Mr X, complains the Council failed to deal with breaches of planning control and substandard work by a developer. The developer has now gone into administration and Mr X and the other residents have been told they will have to pay the cost of any works to rectify the issues.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We cannot hold the Council responsible for substandard work by the developer and we cannot therefore achieve any worthwhile outcome for Mr X by investigating his complaint.
6. While Mr X considers the Council missed opportunities to take formal enforcement action against the developer it is pure speculation to say this would have resolved the issue without the requirement for any contribution by the residents. The developer clearly suffered financial difficulties and had the Council taken formal action sooner it may simply have entered administration sooner. Mr X and the other residents also have their own responsibility for any breaches of planning control or failures to comply with the Building Regulations following their purchase of properties on the development.
7. In any case, caselaw has established that where a local authority issues a completion certificate for building work it does not take on responsibility or liability for any substandard work; this remains with those responsible for the work rather than with the Council for signing it off.
8. If Mr X considers his case should be treated differently he would need to argue the point at court. We could not say Mr X’s case is an exception and hold the Council responsible for the costs, which run into the hundreds of thousands of pounds, contrary to decisions made by the courts.

Back to top

Final decision

9. We will not investigate this complaint. This is because we could not hold the Council responsible for the substandard work and we could not therefore achieve any worthwhile outcome for Mr X.

Back to top

Investigator's decision on behalf of the Ombudsman