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.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained the Council’s building control officers failed to notice that her neighbour’s extension encroached on her land.

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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 have considered Mrs X’s complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

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What I found

4. Mrs X’s neighbour started works to extend their property. Mrs X complained to the Council about the standard of works being carried out and said the development encroached on her land.
5. The Council agreed there had been issues with the first building company appointed by Mrs X’s neighbour. However, it said a new contractor was appointed and the issues rectified. The Council also said it was not its responsibility to identify issues with the extension encroaching on Mrs X’s land.
6. Mrs X is unhappy with the Council’s response. She says the extension’s foundations are still on her land and she is concerned this may cause problems in the future if she tries to sell her home.

Assessment

7. 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.
8. Mrs X says the Council should have carried out checks to ensure the building work did not encroach on her land. A Council will usually visit the site at various stages of the build. But it does not act as a clerk of works and the responsibility for the standard of the works and compliance with the relevant regulations rests with the building owners and builders. It is also not for the Council to get involved with land ownership or boundary issues as this will be a private civil matter between Mrs X and her neighbour. Therefore, it is unlikely I could say it was fault for the Council not to notice the extension was being built over the boundary with Mrs X’s home.

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Final decision

9. We will not investigate this complaint. This is because it is unlikely we would find fault by the Council.

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Investigator's decision on behalf of the Ombudsman