Summary: We will not investigate this complaint about the Council’s failure to act on Ms X’s concerns that new flats next to her home lack soundproofing and cause noise nuisance. There is not enough evidence of fault in the way the Council considered her complaint. The Council has recognised it delayed in responding to Ms X. This is fault. However, it has apologised for this, and I consider this to be a suitable remedy to this part of the complaint.

The complaint

1. Ms X complains the Council has failed to respond to her reports that flats next to her home lack soundproofing and she is suffering from noise.
2. She wants more soundproofing installed in the flats.

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The Ombudsman’s role and powers

3. 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. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

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

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My assessment

7. Ms X contacted the Council’s building control team. She reported excessive noise from new flats next to her home.
8. Ms X considers the Council is responsible for ensuring work complies with the building regulations. However, this is not the case.
9. Ensuring building work complies with building regulations lays with the person who commissions the work and those who carry out the work. Approved Inspectors are private bodies or individuals who may carry out building control functions. The Approved Inspector and applicant must submit an "Initial Notice" to the Council Building Control service before work begins. Once the notice is accepted, the Approved Inspector is responsible for ensuring building works comply with Regulations.
10. The Council confirms the developer used an Approved Inspector. Therefore the Council cannot intervene and any complaints about compliance with building regulations should be raised with the Approved Inspector or the Building Safety Regulator.
11. The Council also considered whether it’s environmental health team could investigate Ms X’s concerns about noise. However, the noise Ms X describes is considered general living noise, which cannot be considered as a statutory noise nuisance.
12. Having received Ms X’s report of noise, the Council established the developer used an Approved Inspector. It provided Ms X with the relevant contact details for the Approved Inspector and the body overseeing such organisations. It also explained why it could not investigate her complaint as a statutory noise nuisance. There is not enough evidence of fault in the Council’s actions.
13. Ms X also complains about the delay in responding to her complaint. The Council admits there was a delay in its response and has apologised for this. I consider this is a suitable remedy to this part of the complaint.
14. I understand Ms X wants the sound insultation tested and more insulation added. As the Council was not responsible for ensuring the development meets building regulations this is not something we can achieve.

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Final decision

15. We will not investigate Ms X’s complaint. There is not enough evidence of fault in the way the Council considered Ms X’s report that the flats next to her home do not comply with building regulations and that she is suffering from noise from the properties.
16. The Council accepts it delayed in responding to her concerns and has apologised for this. I consider this is an appropriate remedy for this part of the complaint.

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Investigator's decision on behalf of the Ombudsman