Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because we are unlikely to find fault by the Council. It is also unlikely an investigation could achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained the Council wrongly told his neighbour they did not need building regulation approval for the works they carried out to their property.

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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, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision and have considered his comments in response.

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What I found

4. In 2020, Mr X moved back into a property he had previously occupied. Mr X noticed that since he had last lived in the property, the owner of the flat below his had carried out internal alterations to their flat, including the removal and replacement of the original ceiling.
5. Mr X was concerned the new ceiling may not comply with fire safety regulations or provide effective sound installation. Mr X contacted the Council to confirm if his neighbour had been given building regulation approval for the works.
6. The Council responded and said it had been contacted in 2010 about the proposed changes to the property below Mr X’s. However, it was decided at the time that building regulation approval was not necessary as the works would be considered a repair or replacement.
7. Mr X is unhappy with the Council’s response. He says the works carried out by his neighbour were extensive and building control approval should have been required. Mr X says he has been caused significant stress by the matter and he is concerned about fire safety. He says there is also significant noise disturbance from the property below.

Assessment

8. I will not investigate this complaint about how the Council dealt with a building control matter. This is because I am unlikely to find fault by the Council.
9. Mr X says the alterations to the flat below his were extensive. He argues the Council failed to properly consider the matter or carry out an inspection before deciding his neighbour did not need building regulation approval. However, there was no requirement for the Council to visit the site and it has said it was able to reach a decision following a discussion with the developer about the planned works.
10. I understand Mr X disagrees, but the Council was entitled to decide the works amounted to a repair or replacement. The Ombudsman cannot question the Council’s professional judgment in this regard unless it was tainted by fault. As the Council properly considered if building regulation approval was needed it is unlikely I could find fault.
11. It is also unlikely an investigation by the Ombudsman could achieve the outcome Mr X wants as the works are now immune from enforcement action. Mr X says the Council should pay to correct its mistakes and install new sound and fire protective materials. However, the courts have held that councils should not be liable for pure economic loss (the cost for putting a building right) even if it was negligent or failed to ensure compliance with building regulations. The Ombudsman takes the same view as the courts in this regard.

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Final decision

12. We will not investigate this complaint. This is because we are unlikely to find fault by the Council and it is unlikely an investigation could achieve the outcome Mr X wants.

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Investigator's decision on behalf of the Ombudsman