Summary: We will not investigate Mrs X’s complaint that the Council wrongly signed off building work as compliant with the Building Regulations. This is because there is not enough evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council wrongly signed off building work for her neighbour’s development as compliant with the Building Regulations. Mrs X says the development has not been built to a good standard and its appearance impacts the surrounding area. She is also concerned about flooding.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

Back to top

Background

4. The Council granted planning permission for development to Mrs X’s neighbour’s property several years ago. The build is nearing completion but Mrs X was not satisfied with the standard of work carried out so complained to the Council’s building control department. She is unhappy the department has signed off the works, which she considers defective and unsafe.

Back to top

My assessment

5. The Council has carried out such inspections as it considers necessary to reach a view on the standard of the work and is satisfied there are no issues which compromise the structural stability or fire safety of the building. It is also satisfied the building does not cause any risk to neighbouring properties or the wider public. The Council’s view is a matter of professional judgement and the law does not allow us to criticise it in the circumstances.
6. Mrs X also raises issues concerning site levels and the appearance of the development. These are planning matters rather than issues for building control, so if she believes her neighbour has not built in accordance with the plans approved by the Council she may wish to report the matter to its planning enforcement department. They will then decide whether the work complies with the original planning permission.
7. If Mrs X is concerned the new development will cause surface water to run onto her property she may wish to take legal advice; this issue would be a matter between Mrs X and her neighbour.

Back to top

Final decision

8. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council.

Back to top

Investigator's decision on behalf of the Ombudsman