The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council dealt with report of breaches of planning and building control. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. We have not seen evidence of fault in the Council’s consideration of the reports.
The complaint
The complainant, I shall call Mrs B, told the Council her neighbour carried out a loft conversion without planning permission and in breach of the Building Controls. She also says her neighbour ignored the Party Wall Act.
Mrs B says that following these reports the Council passed her between departments and did not provide a response.
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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by Mrs B and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B told the Council her neighbour had breached planning control and the Building Regulations by carrying out a loft conversion, altering the chimney breast and ignoring the Party Wall Act.
The information I have seen shows: The Council’s planning enforcement officer visited the site and advised Mrs B the work was Permitted Development.
A Building Control Officer also visited the site. They identified the work needed Building Regulations Approval.
The neighbour put in a Building Control Application to regularise the work. The Council carried out further inspection of the works to find out if they accord with Building Regulations. It has confirmed it is satisfied that: necessary remedial work has been completed to the chimney stack and roof reasonable sound reducing measures are in place; and regulations to address internal fire spread are satisfied.
The Council has advised Mrs B that matters about the Party Wall Act are civil matters. It is correct in confirming it is for Mrs B to take legal action against her neighbour if she believes they have breached the Party Wall Act From the information I have seen I am satisfied the Council investigated and took appropriate action following Mrs B’s reports of breaches of planning and building control by her neighbour.
Final decision
We will not investigate Mrs B’s complaint because we have not seen evidence of fault in the way the Council dealt with her reports of breaches of planning control and Building Regulations by her neighbour.
Investigator's decision on behalf of the Ombudsman