Summary: Mr X complains that the Council has not enforced building control regulations against his neighbour. The Ombudsman will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Mr X complains that the Council has not enforced building control regulations against his neighbour.

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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)

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How I considered this complaint

3. I considered the complainant's and Council's comments. The complainant has been given the opportunity to comment on the draft decision.

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What I found

4. Mr X’s neighbour built a new driveway at the front of his house. Mr X says that the drive is not porous and water runs off that drive onto Mr X’s driveway.
5. The Council’s Building Inspector says that the driveway is exempt from building regulations and so no action can be taken.
6. The Government’s Planning portal states; Generally a new driveway or patio area does not require building regulations approval. However, you will need to make sure that any alterations do not make access to the dwelling any less satisfactory than it was before.
7. I am satisfied that the Council’s view about building regulation approval is not the result of fault and so the Ombudsman cannot criticise the Council’s decision not to take action.

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Final decision

8. The Ombudsman will not investigate this complaint because there is no evidence of fault.
    

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Investigator's decision on behalf of the Ombudsman