Summary: We will not investigate this complaint about how the Council dealt with the complainant’s concerns regarding development carried out next to his home. We are unlikely to find fault.

The complaint

1. The complainant, who I shall call Mr X, complains the Council failed to act when he reported a developer carried out work contrary to planning permission and without issuing a party wall notice.
2. He says the developer has caused damage to his property and wants the Council either to pay for the repairs or contribute to the cost of taking legal action.

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The Ombudsman’s role and powers

3. 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Most building work requires building regulation approval. Building regulations set out requirements and guidance that builders and building owners are required to follow. The purpose of the regulations is to make sure buildings are safe for those that use them or live around them.
7. Building regulations approval can be granted by councils acting as building control authorities, or by independent ‘approved’ inspectors. Councils employ building control officers (BCOs) to carry out this work.
8. There are two ways a building owner can get building regulations approval. These are:
• Full plans application. The owner or their agent submits plans. The plans are checked for compliance with building regulations.
• Building notice application. The owner or their agent informs the council or approved inspector of their intention to begin building work. The BCO/approved inspector will visit the site at various stages of the work to check compliance with building regulations.
9. Council BCOs can act if they consider buildings or structures are hazardous or in danger of imminent collapse.
10. Mr X says the Council refuses to act against a developer whom he says has damaged his property and failed to enter into a Party Wall Agreement.
11. The Council confirms it has inspected Mr X’s property and advised that there is no danger to the public. Therefore, the alleged damage is a civil matter between Mr X and the developer.
12. Mr X also says the Council should not have allowed the developer to submit a retrospective planning application to regularise a breach of planning control.
13. Planning authorities may take enforcement action where there has been a breach of planning control. Enforcement action is discretionary. The Council is entitled to invite a retrospective application to regularise development which has already been undertaken.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman