The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to take action to deal with breaches of planning control and the Building Regulations relating to a property he later purchased. This is because we cannot say the injustice Mr X claims is the result of any fault by the Council.
The complaint
The complainant, Mr X, complains the Council took no action in respect of breaches of planning control and the Building Regulations relating to his property, prior to his purchase. He has now become aware that work to develop the property does not benefit from planning permission and has not been issued a completion certificate to confirm compliance with the Building Regulations.
The Ombudsman’s role and powers
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)
How I considered this complaint
I considered information provided by Mr X and the Ombudsman’s Assessment Code.
My assessment
There is no requirement for councils to take enforcement action to deal with breaches of planning control or of the Building Regulations and even if there was, its actions could not have caused Mr X injustice. This is because the issue with the build dates back some 16 years and Mr X is only affected by it as a result of his decision to buy the property six years later. There is therefore no direct link between the Council’s actions and Mr X’s claimed injustice.
It is the responsibility of anyone purchasing a property to satisfy themselves that the proper permissions are in place and that there are no issues or defects which may put their investment at risk.
If Mr X was not properly advised as part of his purchase he may wish to seek legal advice about making a claim against the solicitors who acted for him in the transaction. He may also seek advice about a claim against the previous owners.
Final decision
We will not investigate this complaint. This is because we cannot say Mr X’s injustice is the result of any fault by the Council.
Investigator's decision on behalf of the Ombudsman