Newcastle upon Tyne City Council (21 017 770)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 31 Mar 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Mr X’s neighbour’s extension. This is because both Mr X and his neighbour are Council tenants so this is a complaint about the management of social housing. The law does not allow us to investigate these complaints.
The complaint
- Mr X complains the Council has allowed his neighbour to build an extension without planning permission or building regulation approval.
- Mr X is worried about the safety of the extension and impact on his home.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Both Mr X and his neighbour are Council tenants. Therefore the Council owns both properties and is responsible for ensuring both buildings comply with relevant planning and building regulations. This is therefore a complaint about the management of social housing and we cannot investigate it.
- The Council has already told Mr X he can complain to the Housing Ombudsman.
Final decision
- We will not investigate Mr X’s complaint because it is about the management of social housing.
Investigator's decision on behalf of the Ombudsman