Summary: We will not investigate Mr X’s complaint about the Council’s refusal to inspect his neighbours building works because there is not enough evidence of fault to justify our involvement. Neither we nor the Council can intervene to resolve a private civil matter between Mr X and his neighbour.

The complaint

1. Mr X says the Council failed to carry out a building control inspection of his neighbour’s loft conversion and did not respond to his requests. He is concerned the works have caused damage to his property. He wants the Council to inspect the completed development, identify any breaches of building regulations, and ensure the issues are put right.

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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 how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. 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 continue an investigation if we decide there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained the Council failed to inspect his neighbours’ building works and identify issues, which he says caused damage to his chimney, altered his guttering, and led to water ingress.
7. The Council refused to consider Mr X’s complaint, stating the issues concern the impact of the works on his property rather than compliance with building regulations. It said the matter is a private dispute between neighbours and advised him to seek independent advice.
8. The Council has no responsibility under building control legislation to resolve damage caused to neighbouring properties or to make a builder to carry out repairs for damage. These are private civil issues between neighbours. They may fall under the Party Wall Act 1996 or be matters for the courts to consider.
9. We will not investigate Mr X’s complaint about the Council’s refusal to intervene in alleged property damage and poor workmanship by his neighbour and/or builder. There is not enough evidence of fault in the Council’s handling of Mr X’s concerns to justify our involvement.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Councils actions to justify our involvement.

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Investigator's decision on behalf of the Ombudsman