Summary: We will not investigate this complaint about how the Council dealt with Mr X’s complaints about his neighbour’s building work. This is because any damage caused to Mr X’s property is a civil matter between him and his neighbour.

The complaint

1. Mr X complains the Council has failed to ensure his neighbour complied with building regulations when carrying out work. Mr X says the issue has been ongoing for three years and defects in work carried out has caused damage to his home. Mr X says he is concerned that the issue will lead to significant damage being caused to his property.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council’s role is to satisfy itself that buildings are compliant with Building Regulations. The Council is not responsible for protecting neighbouring property from damage caused by defective building work. That is a civil matter between neighbours. Therefore, we will not investigate Mr X’s complaint.

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Final decision

6. We will not investigate Mr X’s complaint because the Council is not responsible for protecting his property.

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Investigator's decision on behalf of the Ombudsman