The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision that building regulations do not apply to his neighbour’s car port which is about twenty years old. There is not enough evidence of fault in the Council’s actions to justify an investigation.
The complaint
Mr X complains the Council refuses to confirm his neighbour’s car port does not meet building regulations and take action against it.
He wants the Council to make his neighbour to alter their car port to bring it into line with building regulations and conform to Mr X’s original agreement with his neighbour.
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.
(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
Mr X is concerned about his neighbour’s car port which he says has been fixed to his house. The Council has visited and confirms the car port is about twenty years old. It has explained to Mr X that current building regulations do not apply to the structure.
The Council has also explained that Mr X’s neighbour should have taken advice on a party wall agreement. However, this is a civil matter between Mr X and his neighbour. Any fire or property risk because of the neighbour’s alterations to their car port are a civil matter. The Council has also agreed to meet Mr X again to explain why the building regulations do not apply to the car port.
Final decision
We will not investigate Mr X’s complaint. There is not enough evidence of fault in the way the Council has considered his complaint. It has visited his property, listened to his concerns, and explained why the building regulations do not apply to the neighbour’s car port. It has also agreed to meet him again to ensure he understand why it cannot take the action he is seeking.
Investigator's decision on behalf of the Ombudsman