| Publishing organisation: | Scottish Public Services Ombudsman |
| Topic: | Repairs |
| Determination: | Not upheld |
| Tenure: | Home owner |
Organisation:
| City of Edinburgh Council |
| Country of relevance: | Scotland |
| Report link: | Click here to view this document |
The complainant (Mr C) lives in a first floor flat in a three storey tenement at the corner of two roads in Edinburgh. The ground floor of the building is occupied by commercial premises. The building was the subject of notices issued by The City of Edinburgh Council under section 24(1) of the City of Edinburgh District Council Order Confirmation Act 1991, notifying owners of a state of disrepair.
When the owners did not voluntarily agree to undertake the works, the relevant committee authorised officers to arrange for their implementation. During the period of implementation of the works, a firm occupying one of the ground floor premises successfully applied to the Council for planning consent and building warrant to combine two ground floor premises into a larger office.
The complaint from Mr C was not about the administration of the works by agents appointed by the Council, but rather with the apportionment of the costs of the works.
Legal Background
The Council has powers under the City of Edinburgh District Council Order Confirmation Act 1991 to serve notice on the owners of buildings that they are in a state of disrepair.
Owners are encouraged to instruct the repairs themselves, but where this does not happen, a second intimation is given that, if cause is not shown, the Council will proceed to instruct the works themselves with the addition of an administration fee.
While the 1991 Act was specific to Edinburgh, powers available to the Council and other local authorities under the Civic Government (Scotland) Act 1982 until its repeal on 3 May 2005, allowed for a right of appeal to the sheriff about the apportionment of the costs of the works.
That legislation was repealed with the Building (Scotland) Act 2003. Section 28 of the 1991 Act provides for an appeal against the notice but not against the apportionment of costs. Generally, the Council issues accounts on an equal share basis, but recognises that, particularly where there is a mixture of domestic and commercial properties, the liability for repairs might be differently distributed.
Determination
The complaint which has been investigated is that the Council unfairly altered to Mr C's detriment the list of recipients for works instructed by the Council as a result of statutory notices served by them (not upheld). The Ombudsman had no recommendations to make.