Summary: Ms X complains the Council was wrong to issue a Building Control Certificate in relation to works at a property undertaken before she bought it in 2017. We will not investigate the complaint because it is a late complaint and we cannot achieve the outcome Ms X seeks.

The complaint

1. The complainant, who I refer to as Ms X, says in 2008 the Council wrongly issued a Building Control Certificate for works at a property undertaken before she bought it in 2017. She says the works did not meet the required standard, she faces significant costs to put the works right and that the Council should be involved in this remedial work.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

4. In considering the complaint I reviewed the information provided by Ms X and the Council. I gave Ms X the opportunity to comment on my draft decision and considered what she said.

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What I found

5. In 2008 the Council issued a Building Control Certificate in connection with works undertaken at a property Ms X bought in 2017.
6. Having moved in Ms X contacted the Council with her concerns about the poor state of the property and the standard of work carried out within it. An officer visited Ms X and suggested she employ a structural engineer. Ms X acted on this advice and then began legal proceedings against the surveyor who had acted for her during the purchase of the property.
7. Two years later Ms X contacted the Council again about the matter. It advised her to seek legal advice because the ultimate responsibility for the works lay with the builder and the original owner.
8. Dissatisfied with the Council’s response, Ms X complained to us.

Assessment

9. The restriction highlighted at paragraph 3 applies to Ms X’s complaint because she was aware in 2017 of the matters about which she complains.
10. Moreover, even if the complaint had not been late, this is not a matter we would investigate. This is because where the work in dispute was carried out before purchase, we would expect a purchaser to have had a full survey completed before purchase. If defects in work completed before purchase are discovered, we would expect the complainant to have a remedy against either the person who carried out the survey or against the previous owner.
11. In responding to my draft decision Ms X says since 2017 she has been trying various channels to try and resolve the issue and refers to her correspondence with the Council in July 2020 and that it did not advise her to escalate her complaint to us. However, the complaint to the Ombudsman was made 3 years after she became aware of the problem. As I have also explained, even if the complaint had not been late, this is not a matter we would investigate.
12. While I note Ms X’s MP told her it was open to her to raise her case with the Ombudsman, as well as stating that it appeared legal action appeared the most appropriate way forward, it is our role to decide what complaints we can and should investigate.

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Final decision

13. We will not investigate this complaint. This is because it is a late complaint and we cannot achieve the outcome Ms X seeks.

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Investigator's decision on behalf of the Ombudsman