Summary: We will not investigate Mr X’s complaint about the Council not taking action against a property developer. It is unlikely we would find fault.

The complaint

1. Mr X says the Council has failed to take action against his neighbour for work they are carrying out.

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The Ombudsman’s role and powers

2. 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; or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Mr X says the property next to his home, which is a dwelling, is being converted into a House of Multiple Occupancy (HMO). He says the property will house nine people. He says the developers have not obtained planning permission to change the property to an HMO. He says the developers have not obtained consent from him to carry out work which affects the boundary. He says they have created holes in his walls and removed joint chimney stacks.
6. Mr X says he complained to the Council, but it has not taken any action.
7. At the end of May 2025 the developer applied for planning permission for a change of use to a nine person HMO. The Council says planning permission is not needed for HMOs below nine people. It says permission only needs to be applied for when the nine people are to start living there. It does not have to be obtained before work starts on changes to the property. It says the issues with the party wall are a private matter.

Analysis

8. We are unlikely to find fault in the Council not taking planning enforcement action. Planning rules allow homeowners to convert their properties into HMOs for less than nine people. There is no evidence there are more than eight people living in the property.
9. Damage to property caused by a neighbour’s building work is normally a private legal action matter, by the property owner against the neighbour. If work is being carried out, at or near the common boundary of the properties it is possible that a Party Wall Act Agreement should have been made between the neighbours. A local authority has no part to play in this agreement – it is a civil matter between the neighbours. We are unlikely to find fault in the Council not taking action against the developer for the damage Mr X says has happened.

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Final decision

10. We will not investigate Mr X’s complaint because we are unlikely to find fault in the Council not taking planning enforcement action or action for property damage.

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Investigator's decision on behalf of the Ombudsman