Summary: We will not investigate this complaint about the Council’s response to the complainants’ reports that his neighbour has carried out unauthorised building work. We have not seen any evidence of fault in the way the Council considered the report and decided it cannot take any action against the neighbour.

The complaint

1. The complainant, I shall call Mr X, says the Council has ignored his reports that his neighbour has carried out unauthorised work on their property. He says it refuses to understand the severity of the problem or assess the problem from his property.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

5. Most building work requires building regulation approval. Building regulations set out requirements and guidance that builders and building owners are required to follow. The regulations are to ensure buildings are safe for those that use them or live around them.
6. Where there is an alleged breach of building regulations, Council Building Control Officers may take enforcement action.
7. Mr X told the Council his neighbour has carried out building work which violates building regulations. He said the neighbours have carried out work to the party wall without planning permission and without telling anyone. He says the work has seriously damaged the party wall and impaired the structural stability of his home.
8. He also says the neighbours removed sound insulation which is causing noise to penetrate his home.
9. The Council confirms a Building Control Officer visited the neighbour’s property. They found no evidence of structural changes and the completed work has the correct certification. There is no visual damage to party wall and property is in good condition.
10. It also confirmed that because of the age of the properties there would have been no sound insulation to remove. Regardless of this, the Council could not act because its powers for sound insulation only apply to new build properties, or conversions or alterations such as a garage or loft conversion.
11. We are not an appeal body. Our role is to look at the way the Council makes its decisions. When we find fault, we look for evidence to show it caused a significant injustice to the individual complainant. Without fault in the decision-making process, we cannot recommend a remedy or comment on the judgements that have been made by officers in reaching their decisions.
12. The evidence I have seen shows the Council considered Mr X’s report, inspected the neighbour’s property, and considered its statutory powers.
13. I understand Mr X disagrees with the outcome of the Council’s investigation. However, as the Council has followed the appropriate decision-making processes we cannot find fault.

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Final decision

14. We will not investigate Mr X’s complaint because we have not seen evidence of fault in the Council’s actions.

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Investigator's decision on behalf of the Ombudsman