Summary: We will not investigate this complaint about the Council’s failure to notify Mr X of the requirement to submit information at the relevant time to qualify for a self-build exemption for the Community Infrastructure Levy (CIL). This is because there is no evidence to suggest fault by the Council.

The complaint

1. Mr X complains the Council failed to notify him of the requirement to submit the relevant information to qualify for the self-build CIL exemption. As a result, he has had to pay CIL on the property he built due to the time related disqualification.

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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 impact 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 or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, including its response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The CIL is a charge which can be levied by local authorities on new development in their area. Some developments, including houses and flats built by “self builders” may be eligible for relief or exemption from the charge. There are strict criteria that must be met and procedures that must be followed.
6. Mr X did not follow the correct procedures and started his development in advance of submitting the required assumption of liability and commencement notice. The Council has now sought payment of the CIL as no exemption applies.
7. While it is clearly disappointing for Mr X that he cannot make use of the self-build exemption, there is no evidence to suggest fault by the Council. The Council says it sent out to Mr X by post, and to his agent by email, the assumption of liability form and while Mr X says these were not received, the onus was on Mr X to submit the required information before work started and the Council cannot consider a request for an exemption once it has.

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Final decision

8. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman