Summary: Mrs X complains that the Council failed to ensure that a neighbour did not damage her property when building an extension. The Ombudsman will not investigate this complaint because any damage caused by the neighbour has a private legal remedy and is not the fault of the Council.

The complaint

1. Mrs X complains that the Council failed to ensure that a neighbour did not damage her property when building an extension.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
3. Where there is damage to property caused by a neighbour’s building work, it would normally be a matter for private legal action by the property owner against the neighbour. If work is being carried out, at or near the common boundary of the properties it is possible that a Party Wall Act Agreement should have been made between the neighbours. A local authority has no part to play in this agreement – it is a civil matter between the neighbours.

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How I considered this complaint

4. I considered the complainant's and Council's comments. The complainant has commented on the draft decision.

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What I found

5. Mrs X’s neighbour built an extension in 2016. The Council advised her that the extension needed planning permission. A planning application was submitted in February 2017 which has yet to be determined. The Council says that Building Control has been involved to ensure that the builder complies with building regulations.
6. The neighbour’s failure to obtain planning permission and building control approval was at the risk that the Council could take enforcement action. The Council has not taken such action because it is working with the builder to ensure compliance.
7. However, Mrs X’s injustice lies with damage caused by the neighbour. That is the fault of the neighbour (and their builder) and Mrs X can take legal action to achieve a remedy. The courts do not consider the Council responsible for work carried out by a builder.
8. I am not therefore persuaded that there has been fault by the Council or that any injustice has been caused by the Council’s actions (or inaction).

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Final decision

9. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council causing injustice.

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Investigator's decision on behalf of the Ombudsman