Summary: We will not investigate Mr X’s complaint about a building control matter. This is because there is not enough evidence of fault by the Council or to show its actions caused Mr X significant injustice. We also cannot achieve the outcome Mr X wants.

The complaint

1. The complainant, Mr X, complains about the Council’s decision to allow his neighbour to build an extension on traditional concrete foundations, rather than requiring piled foundations. He is unhappy the Council claimed not to have seen the piled foundations supporting the existing property and is concerned that if the new extension suffers from subsidence, this will result in an increase in his building insurance premiums and those for other properties nearby.

Back to top

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 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)

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Ombudsman’s Assessment Code.

Back to top

My assessment

4. It is not our role to decide if the solution agreed by the Council’s building inspector for the foundations of Mr X’s neighbour’s extension complies with the Building Regulations. This is a matter of professional judgement for the inspector. I appreciate Mr X disagrees with the inspector’s view but there is no basis for us to question it.
5. Further, while the Council has confirmed it is satisfied with the foundations the courts have decided it does not take on responsibility for any substandard building work; this remains with those who commission the work and those who carry it out. So even if there is a problem with subsidence in future, and even if this could be attributed to inadequacy in the construction methods agreed by the Council, it would not be responsible for this in law.
6. Mr X is concerned subsidence at his neighbour’s property would increase his insurance premiums but this is entirely speculative and we could not say the Council must indemnify Mr X against any such increases. We cannot therefore achieve the outcome Mr X wants.

Back to top

Final decision

7. We will not investigate this complaint. This is because there is not enough evidence of fault by the Council or to show its actions have caused Mr X significant injustice. We also cannot achieve the outcome Mr X wants.

Back to top

Investigator's decision on behalf of the Ombudsman