Summary: Mr X complained the Council gave incorrect advice about the listed status of his property. He says this caused distress and a significant financial impact. We have ended our investigation as we could not add to the Council’s investigation or achieve a worthwhile outcome.

The complaint

1. Mr X complains the Council gave incorrect advice about their property being curtilage listed.
2. Mr X says this has had a significant financial impact due to losing their sale and caused distress.

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The Ombudsman’s role and powers

3. 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

• we could not add to any previous investigation by the organisation;
• we cannot achieve the outcome someone wants; or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

4. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Legislation and guidance

Listed building consent

7. Where a council consider a building has significant historic or architectural interest it may record and grade it on the National Heritage List for England.
8. If a building is listed, it is subject to an additional layer of planning control and protection. In addition to any planning permission that may be required, any work to a listed building will also need listed building consent from the local planning authority.
9. A curtilage listing relates to a building, object, or structure which forms part of a listing, even though it is not attached to the principal listed building.
10. It is an offence to carry out work on a listed building without first getting listed building consent from the planning authority.

Background Information

11. In November 2021, the previous owner of Mr X’s property contacted the Council for advice about whether the property was listed. The Council responded and said the property was not listed.
12. In April 2022, Mr X purchased the property.

What happened

13. In 2024, Mr X obtained planning permission for works to the property. Mr X says due to delays with the planning application process and a change in personal circumstances, he later decided to sell the property instead of carrying out the works.
14. In September 2024, Mr X secured a buyer for the property.
15. During the conveyancing process, the purchaser’s solicitor raised enquiries about whether the property was listed.
16. Between November 2024 and January 2025, Mr X’s solicitor contacted the Council several times seeking clarification about the property’s listed status.
17. In January 2025, the Council provided a detailed response. The Council explained it has reviewed the documents and planning evidence relating to the property and concluded the property was curtilage listed.
18. Mr X complained to the Council in May 2025. The Council accepted the advice given in 2021 was incorrect and said it no longer provides informal advice. It also explained the building heritage team was not consulted during the 2024 planning process. The Council said the heritage team was contacted during the purchaser’s enquiries and advised the property was curtilage listed.
19. The Council told Mr X his existing planning permission remained valid but would require additional building consent applications.
20. Mr X escalated his complaint. He said he would not have purchased the house if he knew it was listed, and it had caused the sale of his property to fall through, so he should be financially reimbursed to reflect the loss.
21. In its stage two complaint response, the Council again accepted the 2021 advice was incorrect. It said conveyancing solicitors would normally carry out appropriate due diligence when purchasing a property and it was therefore not appropriate for the Council to compensate Mr X for the purchase of the property or the failed sale.
22. The Council said it would work with Mr X to resolve the planning application. It has offered to pay for the additional planning applications required. Mr X has said he does not wish to go ahead with the work and sold the property just before this offer was made.

My findings

23. The Council accepted the advice provided was incorrect and apologised to Mr X. It also offered to pay the costs of any additional applications needed because the property is curtilage listed. Mr X has said he does not wish to continue with the planning permission and has sold the property. While I recognise the Council’s offer came after Mr X had moved, he has been clear he would not have exercised this option anyway. Overall, in these circumstances, further investigation into this aspect would not achieve a worthwhile outcome.
24. Mr X says he would not have purchased the property had he known it was curtilage listed and says the sale of the property fell through as a result. However, we could not determine what decision Mr X would have made at the time of purchase. Mr X would like the Council to reimburse him for financial losses arising from the failed sale. We could not achieve this outcome.
25. In these circumstances, it would not be a good use of public resources to continue the investigation. I am therefore ending my investigation as further investigation would not achieve a worthwhile outcome, and we could not achieve the outcome Mr X wants.

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Decision

I have ended my investigation and do not uphold Mr X’s complaint. I cannot achieve a worthwhile outcome from further investigation.

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Investigator's decision on behalf of the Ombudsman