Summary: We will not investigate Mrs X’s complaint about building control matters relating to a neighbouring development. This is because the complaint is late and there are no good reasons for us to investigate it now.

The complaint

1. Mrs X complains the Council failed consider building control concerns about a neighbour’s extension attached to her property. She says the Council repeatedly referred to party wall matters and treated the issue as a civil dispute. She says the Council refused to visit the site to assess the concerns she reported. Mrs X says this has caused her significant distress and uncertainty about the safety of both properties. She says it has also caused wider financial complications affecting her property. Mrs X wants the Council to carry out a fresh assessment of the development, investigate her safety concerns and ensure any identified risks are addressed.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (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 Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We will not investigate Mrs X's complaint because it is late. The neighbouring development took place around ten years ago. Although it is not clear when the leaks and damage to Mrs X's property first occurred, she would have been aware of the development and her concerns about it at the time the works were carried out. We normally expect someone to complain to us within 12 months of becoming aware of a matter. Therefore, this complaint is late. Even if Mrs X had good reasons for not complaining sooner, we could not reliably investigate events that took place more than ten years ago
7. Even if the complaint was not late, we would not investigate it. The Council told Mrs X at the time its building control was satisfied the development complied with the relevant Building Regulations. Mrs X's concerns about damage to her property and the use of the party wall concern property rights and alleged damage arising from building works. These are private legal matters between Mrs X and her neighbour.

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Final decision

8. We will not investigate Mrs X’s complaint because the complaint is late and there are no good reasons to exercise discretion to investigate it now.

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Investigator's decision on behalf of the Ombudsman