Summary: Mr X complains about matters relating to the Council’s building control inspections for a new build property he bought. We will not investigate the complaint because we cannot achieve the remedy Mr X seeks or achieve a meaningful outcome.

The complaint

1. The complainant, who I refer to as Mr X, says the Council failed to carry out building control inspections on his new build home, failed to ensure what was built conformed to the approved plans and failed to deal with his complaint fairly. As a result, he says he has a house he cannot sell because of building regulation breaches and that the Council should ensure it complies with building regulations and planning consents and pay him compensation.

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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:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. In considering the complaint I spoke to Mr X and reviewed the information he and the Council provided. I gave Mr X the opportunity to comment on my draft decision.

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What I found

4. Mr X bought off plan and moved into his newly built property in 2017. Over time he became aware of numerous problems with it and in November 2019 he contacted the Council with his concerns.
5. The Council had already found the property to be compliant with the Building Regulations and had issued a completion certificate. However, it sent a Building Control Specialist to visit. The specialist did not find evidence to show the property did not meet the Regulations.
6. Mr X made a formal complaint to the Council. It told him the properties at the development had been inspected throughout the building process and that while some details had been amended due to site difficulties and technicalities, all the alternatives had been considered compliant with Building Regulations. It satisfied itself that it had properly carried out its building control responsibilities in accordance with the legislation and Government guidance. It told Mr X the dispute was a civil dispute between him and the developer and not with the Council as the building control authority.
7. The Council carried out an enforcement investigation in relation to the property’s patio and drainage but it found no evidence to conclude there had been a planning breach.
8. Later, in response to an FOI request from Mr X in which he sought a copy of the Council’s records of building control and planning inspections for his property, the Council refused the request due to an exemption. It gave Mr X details of the Information Commissioner’s Office if he wanted to seek a review of its decision.
9. Dissatisfied with the outcome to his complaint, Mr X complained to us.

Assessment

10. We rarely investigate complaints concerning building control issues. This is because primary responsibility for building works and compliance with the Building Regulations rests with the owners, developers and builders and a dispute concerning the standard of the work carried out is a matter for the courts to determine.
11. There have clearly been issues with Mr X’s property but his route to remedying them lie with the developer/builder and not the Council. Mr X says he wants the Council to support him, believing that if it did, the necessary remedial works would be corrected by the builder without the need for court action. However, the Council issued the completion certificate some time ago and more recently arranged for an inspection by a Building Control Specialist who did not find evidence the property did not meet Building Regulations. An investigation by the Ombudsman would be unlikely to add to the Council’s own investigation and we cannot achieve the outcome Mr X seeks.
12. In relation to Mr X’s request for a copy of the Council’s inspection records, it is open to him to request an internal review by the Council or to ask the Information Commissioner to carry out a review.

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Final decision

13. We will not investigate this complaint. This is because we cannot achieve the remedy Mr X seeks or achieve a meaningful outcome.

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Investigator's decision on behalf of the Ombudsman