Summary: We will not investigate this complaint about Mr X’s neighbour’s extension. This is because both Mr X and his neighbour are Council tenants so this is a complaint about the management of social housing. The law does not allow us to investigate these complaints.

The complaint

1. Mr X complains the Council has allowed his neighbour to build an extension without planning permission or building regulation approval.
2. Mr X is worried about the safety of the extension and impact on his home.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate complaints about the provision or management of social housing by a council acting as a registered social housing provider. (Local Government Act 1974, paragraph 5A schedule 5, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Both Mr X and his neighbour are Council tenants. Therefore the Council owns both properties and is responsible for ensuring both buildings comply with relevant planning and building regulations. This is therefore a complaint about the management of social housing and we cannot investigate it.
8. The Council has already told Mr X he can complain to the Housing Ombudsman.

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Final decision

9. We will not investigate Mr X’s complaint because it is about the management of social housing.

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Investigator's decision on behalf of the Ombudsman