Summary: Miss X complains the Council certified work undertaken by the previous owner of her home as being compliant with building regulations, even though the work was unsafe. She says it is refusing to address the matter and its actions have caused her a lot of stress and anxiety. In addition, she says she has spent a significant amount of money rectifying the work and wants the Council to reimburse her the costs she has incurred. The Ombudsman will not investigate this complaint. This is because we cannot achieve the outcome that Miss X wants if we were to investigate her concerns and find the Council was at fault.

The complaint

1. The complainant, who I shall refer to as Miss X, complains the Council certified work undertaken by the previous owner of her home as being compliant with building regulations, even though the work was unsafe. She says it is refusing to address the matter and its actions have caused her a lot of stress and anxiety. In addition, she says she has spent a significant amount of money rectifying the work and wants the Council to reimburse her the costs she has incurred.

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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 submitted by Miss X in support of her complaint and provided her with an opportunity to comment on my draft decision. I then considered the comments that she made.

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What I found

4. Miss X bought her home in 2015. When she moved into the property, she discovered that part of the extension built by the previous owner was causing rain to leak through the roof. She states the builder she paid to repair the problem commented the work undertaken by the previous owner should never have been certified by the Council as being safe.
5. She says she has spent over £2,000 rectifying the work and states the Council has claimed it is not its problem to resolve, adding it has advised her to pursue the matter in court.

Analysis

6. The Ombudsman will not investigate building control complaints of this nature because the primary responsibility for building work rests with those who commission it and those who undertake the work, not councils. Councils may inspect the work at various stages before completion but they are not required to do so. Likewise, they will be not be present when most of the work is being undertaken and they do not act as a ‘clerk of works’. They must issue a completion certificate when they are satisfied building regulations have been met, however this is not a guarantee that all works have been done to the required standard. Building regulations merely provide a means for councils to maintain building standards in general, rather than imposing a duty to maintain standards in each particular case.
7. Similarly, the courts have ruled that councils are not liable for ‘pure economic loss’ resulting from any failure to ensure compliance with building regulations. In this case, Miss X wants the Council to reimburse her the cost she has incurred rectifying the work undertaken by the previous owner of her property. Case law dictates I cannot achieve this outcome if I were to investigate her complaint and find the Council was at fault. Therefore, I have decided not to investigate it.
8. If Miss X wants to pursue this matter, she might consider whether liability can be attributed to the previous owner or the person who surveyed the property before she bought it. Either way, this is a matter for the courts and not the Ombudsman.

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Final decision

9. The Ombudsman will not investigate this complaint. This is because we cannot achieve the outcome that Miss X wants if we were to investigate her concerns and find the Council was at fault.

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Investigator's decision on behalf of the Ombudsman