The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about alleged damage to his property from his neighbour’s building work. This is because we cannot hold the Council responsible for any damage; this is a private civil matter between Mr X and his neighbour/their builder.
The complaint
The complainant, Mr X, complains the Council has failed to take action against his neighbour for alleged breaches of the Building Regulations. He is concerned his neighbour’s building work may have damaged his property and that it will cause damage in the future.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Building Regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings.
When carrying out their functions under the Building Regulations, local authorities may visit at various stages but the number and timings of any inspections vary by local authority and type of development. Local authorities are not present for the great majority of the project and do not act as a ‘clerk of works’.
Mr X is concerned his neighbour’s building work has not been carried out properly and that it has damaged or will damage his property.
The Council is satisfied there are no clear breaches of the Building Regulations and that there is no basis to take enforcement action against Mr X’s neighbour. Its role is not to protect Mr X’s property or to repair any damage which has occurred or may occur to it in the future. Mr X says the work was carried out without any party wall agreement in place and he may therefore wish to seek legal advice about making a claim against his neighbour for any damage to his property. We could not hold the Council responsible for this.
Final decision
We will not investigate this complaint. This is because the injustice Mr X claims results from the actions of his neighbour and their builder, rather than any fault by the Council.
Investigator's decision on behalf of the Ombudsman