Summary: We will not investigate this complaint about the Council’s demolition of Mr X’s wall in exercise of its emergency powers under the Building Act 1984. This is because other bodies are better placed to decide whether the Council acted properly and whether Mr X is entitled to compensation.

The complaint

1. Mr X complains the Council wrongly used emergency powers to demolish his side-wall without prior notice. He says the Council alleges the wall was dangerous but has provided no evidence of this. It has left the rubble and bricks on his property but charged him £3,500 for demolishing the wall.

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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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

4. S77 and S78 of the Building Act 1984 allow the Council to take emergency measures where immediate action is necessary to remove a danger. The Council must notify the owner and occupier of the building of the intended action only where it is “reasonably practicable to do so”.
5. I appreciate Mr X disagrees with the Council that his wall was in a dangerous state or that any immediate action or emergency measures were necessary. He does not therefore believe the Council should have demolished his wall or charged him for this.
6. In this case Mr X should wait for the Council to commence proceedings to recover its expenses and present his arguments to the court. S78(5) and 78(6) of the Building Act 1984 allow the courts to consider any such disputes and to decide whether the Council should instead have proceeded using other powers. If it decides it should have done, the court may decide the Council cannot recover its expenses.
7. Mr X may also make a claim for compensation to the Council for any damage to his property from the exercise of its powers under the Building Act, in accordance with S106. The legislation states any dispute arising under this section shall be determined by arbitration in accordance with S111.

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Final decision

8. We will not investigate this complaint. This is because the courts are better placed to determine whether the Council was correct to exercise its emergency powers and is able to recover its costs, and any claim for compensation for damage resulting from the Council’s actions is a matter for arbitration, in accordance with the Building Act 1984.

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Investigator's decision on behalf of the Ombudsman