Three Rivers District Council (23 016 782)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 16 Feb 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a building control matter. This is because we are unlikely to find fault by the Council and the complainant’s concerns about property damage will be a private civil matter.
The complaint
- Mr X has complained the Council has failed to take any action in relation to building work carried out by his neighbour. Mr X says the work does not comply with building regulations and his home is being damaged.
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 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
- further investigation would not lead to a different outcome, or
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by Mr X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I am satisfied the Council properly looked into Mr X’s concerns before deciding it had no grounds to take any action against Mr X’s neighbour. A building control officer visited Mr X’s neighbour to view the additional work carried out after the extension was completed. However, the officer decided the work did not require building regulation approval. I understand Mr X may disagree, but the Council was entitled to use its professional judgement in this regard.
- Mr X says his home is being damaged as a result of his neighbour’s building work. But this will be a private civil matter between Mr X and his neighbour, and it is not for the Council to intervene.
Final decision
- We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. Mr X’s concerns about property damage will be a private civil matter.
Investigator's decision on behalf of the Ombudsman