Summary: We will not investigate Mr X’s complaint about the Council’s handling of his concerns about his neighbour’s building work. This is because it is unlikely we could achieve any worthwhile outcome for Mr X.

The complaint

1. The complainant, Mr X, complains about the Council’s handling of a matter relating to building work at his neighbour’s property. He says it has caused him and his wife stress.

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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 Mr X and the Ombudsman’s Assessment Code.

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My assessment

Building Regulations

4. Building Regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings. Building Regulations provide a means for the local authority to maintain building standards in general, rather than imposing a duty to maintain standards in each particular case.

5. Mr X says his neighbour’s builders breached the Building Regulations by subjecting them to excessive noise and dust, not following safe working practices and working until late at night. However these are not issues which are covered by the Building Regulations.
6. The Council confirms the work it saw did not require approval under the Building Regulations and it is unlikely we could achieve any worthwhile outcome by investigating this further now. This is because the work is complete and we cannot say the Council must carry out further inspections inside Mr X’s neighbour’s property, or that it should take any formal action against them in the event the work is not compliant. In addition, caselaw has established that councils do not take on liability for work carried out by third parties. So if Mr X is concerned the work has damaged his property his remedy would lie against his neighbour or their builders, rather than the Council, and we have no jurisdiction over either party.

Noise

7. Noise and dust are issues which are controlled under environmental protection legislation. Where the problem is excessive it may amount to a statutory nuisance which the Council would have a duty to take action to stop.
8. Construction work will always involve some noise and dust and it is for the Council to decide if the levels are acceptable or whether they may amount to a statutory nuisance.
9. Mr X says his neighbour’s building work often carried on until late in the evening. He reported the matter to the Council and the Council asked him to complete diary sheets, which he did. It also visited the property, although Mr X considers its inspection was not thorough.
10. The Council ultimately decided the issues were not so excessive that they amounted to a statutory nuisance. While Mr X is unhappy with the Council’s conclusions there is little we could achieve for him by investigating further now. This is because the work is now complete and it would not be possible for us to say the issues amounted to a statutory nuisance, or to determine the impact of any fault on Mr and Mrs X.
11. Mr X explains he suffered stress as a result of the situation with his neighbour but this was not solely the result of the Council’s actions, whether or not they amounted to fault. Mr X’s correspondence raises significant concerns about the actions of his neighbour and the Council had no control over these. We could not therefore hold it responsible for any stress or injustice resulting from Mr X’s neighbour’s actions.
12. We must also take into account that the Council would not have been able to immediately stop Mr X’s neighbour’s building work as there are several steps which need to be followed before it could take formal action. It is not therefore the case that Mr X could report what in his view amounted to excessive noise and that this could be stopped straight away.

Health and safety

13. The Council has explained it had no control over the builders’ decisions not to wear personal protective equipment while working on Mr X’s neighbour’s property. It has explained this is a matter for the Health & Safety Executive.

Conflict of interest

14. Mr X also raises several concerns about his neighbour’s intention to use the property to house vulnerable individuals. He says the setting is inappropriate and considers it would amount to a conflict of interest.
15. There is no injustice to Mr X from this issue. The Council has confirmed the property will not be used in this way and we cannot provide a remedy for something which could have happened, but has not. There is also no evidence of fault by the Council in this matter.

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Final decision

16. We will not investigate this complaint. This is because it is unlikely we could achieve any worthwhile outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman