Summary: We will not investigate Mrs X’s complaint that the Council failed to ensure the developer of her property used the materials she says were required to comply with the planning permission for her property. This is because the injustice she claims is the result of the developer’s actions rather than those of the Council. Mrs X may wish to obtain legal advice about making a claim against the developer if she believes they have failed to provide what she has paid for.

The complaint

1. The complainant, Mrs X, complains the Council allowed a developer to deviate from the approved plans for her new property. As a result Mrs X says the developer has used cheaper materials to complete the work leaving her with a poor quality build. She would like the Council to pay her and her neighbours compensation to account for the difference in the cost of materials approved and those actually used by the development.

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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 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)=

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How I considered this complaint

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

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My assessment

4. In the Council’s role as local planning authority it will consider whether the materials used by a developer are acceptable in planning terms; this relates primarily to their appearance rather than the quality of the materials proposed or whether they represent good value for money for prospective purchasers.
5. Mrs X confirms she has now exchanged contracts with the developer and if she feels the developer has breached the sale/purchase contract by using substandard materials she may wish to seek legal advice about a claim against the developer.
6. The Council cannot refuse a developer’s application to use certain materials or to change the approved plans simply because the materials are cheaper and prospective purchasers feel they are getting less than they have paid for. It is for the purchasers rather than the Council to ensure their rights and investment are protected and we could not reasonably say the Council must compensate Mrs X for the difference in the cost of materials as it is a matter between the purchasers and the developer.
7. Mrs X is also unhappy with the way the Council dealt with her complaint. But it is not a good use of public resources to look at the Council’s complaints handling if we are not going to look at the substantive issue complained about. We will not therefore investigate this issue separately.

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Final decision

8. We will not investigate this complaint. This is because the injustice Mrs X claims results from the actions of the developer rather than any fault by the Council.

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Investigator's decision on behalf of the Ombudsman