Summary: We will not investigate this complaint about the Council’s decision not to taken enforcement action against and extension to the property belonging to the complainant’s neighbour’s. We are unlikely to find fault in the Council’s actions.

The complaint

1. The complainant, I shall call Mr X says the Council refuses to act against his neighbour’s unauthorised extension.

Back to top

The Ombudsman’s role and powers

2. 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))

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X’s neighbour built an extension to their home more than 20 years ago. The Council did not receive any building control or planning applications. Therefore, the extension remains unauthorised.
6. Section 171B of the Town and Country Planning Act 1990 sets out the time limits within which a Council can take enforcement action. Development becomes immune from enforcement if no action is taken:
• Within four years of substantial completion, where there has been a breach of planning control consisting in the carrying out without planning permission of operational development (building, engineering, mining or other operations) in, on, over or under land;
• Within four years, where there has been a breach of planning control consisting in the change of use of any building to use as a single dwellinghouse;
• Within ten years, for any other breach of planning control.
7. As the extension has been in place for more than 10 years it is exempt from planning enforcement. The Council cannot take any action regardless of any overlooking of Mr X’s property.
8. The Council has also confirmed its building control officers cannot force an inspection of the extension. It can only make such an inspection at the invitation of the owner. No invitation has been made.
9. Mr X bought his property in 2020. He was aware of the neighbour’s extension and says the seller told him it would sort it out but did not do so before the purchase was complete. In English law, there is a principle of ‘caveat emptor’ which translates as “let the buyer beware”. The rule places the responsibility on the buyer to carry out all necessary due diligence (for example, searches of the Council’s planning records or checks about planning enforcement) before deciding to proceed with a purchase.

Back to top

Final decision

10. We will not investigate I will not investigate Mr X’s complaint because it is unlikely I will find fault.

Back to top

Investigator's decision on behalf of the Ombudsman