Summary: We will not investigate this complaint about the Council’s decision to issue a building regulations completion certificate. This is because we cannot achieve the outcome Ms Q and Mr X would like.

The complaint

1. The complainants, who I have called Ms Q and Mr X, complained that Birmingham City Council did not properly inspect an extension before issuing a building regulations completion certificate.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information Ms Q and Mr X provided. I considered their response to a draft of this decision.

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What I found

4. A council must issue a completion certificate if it is satisfied building regulations have been met. A completion certificate is not a guarantee that all works have been done to the required standard.
5. The case of Murphy v Brentwood District Council [1990] was an appeal to the House of Lords. It established that a council is not liable for the costs of putting right defective building work resulting from its failure to ensure compliance with building regulations.
6. We would normally expect that a person purchasing a property would have a survey done before completing the purchase. If a defect is discovered in work finished before the purchase we would expect the building owner to have a remedy against either the person who carried out the survey (via RICS or an alternative dispute resolution provider, for example) or the previous owner (through the courts), that they should pursue.
7. A company provides building control services on behalf of Birmingham City Council. I have referred to “the Council” throughout this statement as it is responsible for the actions of the company.

Key facts

8. Ms Q and Mr X bought a house. Before completing on the purchase they asked the vendor to provide a building regulations completion certificate for the extension he built. The Council issued a completion certificate a few days later.
9. Ms Q and Mr X completed their purchase and moved into their new home. They later invited builders to quote to do some works. The builders said the extension did not have a damp proof course, adequate membranes or proper insulation. Following a period of rain, the walls of the extension soaked up water from the ground because they are built into the ground without a damp proof course.
10. Ms Q and Mr X contacted the Council. It did not accept any responsibility for the problems they were having with the extension. However, Ms Q and Mr X said the Council failed to do enough inspections to ensure the extension complied with building regulations and failed to take action against breaches. They said it was clear there was no damp proof course and the walls of the extension - which should be above ground level because of the type of construction – were clearly below ground level. They are concerned they will have to pay a significant amount to rebuild the extension. They are also concerned they will be unable to take action against the builder because the Council issued a completion certificate.

Analysis

11. We will not investigate this complaint.
12. In essence, Ms Q and Mr X are complaining that the Council did not properly inspect the extension or ensure that it complied with relevant building regulations before issuing a completion certificate.
13. The courts have established that councils are not liable for the costs of putting right defective building work when they fail to properly inspect works to ensure compliance with building regulations. Because of this ruling, the Council would not be liable for the cost of any remedial or rebuilding works even if it were at fault in the way Ms Q and Mr X allege.
14. In addition, I explained in paragraph 6 that we would expect someone to have a property surveyed before completing the purchase. Ms Q and Mr X said it was clear there was no damp proof course and that the walls were below ground level. So they may have a remedy against the person who carried out their survey or the previous owner, even though the Council issued a completion notice. This is not something we can achieve for Ms Q and Mr X.
15. So, for the reasons in paragraphs 13 and 14, an investigation by us cannot achieve the outcome Ms Q and Mr X would like.

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Final decision

16. We will not investigate this complaint for the reasons given in the Analysis.

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Investigator's decision on behalf of the Ombudsman