Summary: Mrs X complains about flooding caused by the Council’s failure to ensure a neighbour complied with building regulations when building an extension. The Ombudsman will not investigate this complaint because the law does not hold the Council responsible for financial losses caused and there is a private legal remedy available.

The complaint

1. Mrs X complains about flooding caused by the Council’s failure to ensure a neighbour complied with building regulations when building an extension.

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The Ombudsman’s role and powers

2. We would not generally investigate complaints about ‘pure economic loss’ arising from an alleged failure in Building Control. This is because councils do not hold the primary responsibility for the quality of building work undertaken in a particular case (this lies with the builder and/or the land owner).

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How I considered this complaint

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

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What I found

4. Mrs X’s neighbour built an extension to their semi-detached property. Mrs X says that the neighbour removed some drains as part of the work and, as a result, her property has been flooded.
5. The Council denies that any work has been carried out in contravention of building regulations and is not the cause of flooding.
6. We will not investigate most building control complaints because primary responsibility for building work rests with those who commission it and those who do the work.
7. 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.
8. Nevertheless, the cause of the flooding as alleged by Mrs X lies with the neighbour and their builder. The Ombudsman does not hold a Council responsible for any failure of the builder the carry out work properly. There is a private legal remedy available for any damage caused by the alleged negligence of the builder.

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Final decision

9. The Ombudsman will not investigate this complaint because the Ombudsman does not consider the cause of the damage to Mrs X’s property lies with the Council.

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Investigator's decision on behalf of the Ombudsman