Summary: We will not investigate Mr X’s complaint about the Council’s handling of a building control matter. This is because the Council’s actions have not caused Mr X injustice and as building work is currently on hold it is unlikely investigation would achieve anything more at this time.

The complaint

1. The complainant, Mr X, complains the Council failed to properly consider and act on his concerns about his neighbour’s building work.

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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)

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How I considered this complaint

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

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My assessment

4. Building regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings. Building work is monitored for compliance with the Building Regulations by local authority building control departments. Where work does not comply with the Regulations a local authority may take enforcement action to ensure any defects are put right. If work is considered to comply with the Regulations the local authority, or an independent building inspector, may issue a completion certificate. But a local authority does not take on liability for any substandard work even where it is found the work does not comply with the Regulations. Liability rests with those who commission the work and those who carry it out.
5. Mr X is unhappy his neighbour’s builder moved their shared drains and that the Council did not take any action once he had reported the matter to it. But he confirms the builder has now replaced the drains as they were and this is as much as the Council could have achieved, had it investigated and taken formal action. He has therefore not suffered significant injustice as a result of the failure he alleges.
6. Mr X is concerned about what will happen in the future but we cannot investigate or provide a remedy for this. Building work is currently on hold and the Council has explained that once it recommences it will assess it further for compliance with the Building Regulations. We could not achieve anything more for Mr X at this time.

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Final decision

7. We will not investigate this complaint. This is because the Council’s actions have not caused Mr X significant injustice and it is unlikely investigation would achieve any worthwhile outcome for him.

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Investigator's decision on behalf of the Ombudsman