Summary: We will not investigate this complaint about how the Council dealt with a building control matter or concerns about the complainant’s council tax liability. This is because it is unlikely we could achieve the outcome the complainant wants and he could have appealed to the Valuation Tribunal.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained the Council’s building control officers wrongly issued a completion certificate for defective works. Mr X purchased his home and two accompanying properties after the completion certificate was issued and says this influenced his decision to buy the properties. Mr X says he has since discovered issues with the buildings and says the works should not have been signed off by the Council.
2. Mr X has also complained he has been charged council tax for the properties. He says the buildings should not have been listed for council tax and the Council should refund the payments he has made since 2017.

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The Ombudsman’s role and powers

3. The Ombudsman investigates 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 may decide not to continue with an investigation if we decide:

• we could not add to any previous investigation by the council, or
• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the Valuation Office Agency (VOA). (Local Government Act 1974, sections 25 and 34A, as amended)
5. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
6. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

7. I considered information provided by Mr X and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Most building work will require building regulation approval. The regulations will set the standards for design, construction and ensure the health and safety of the people living in or around the building.
10. Mr X says the Council should not have issued a completion certificate and did not visit the properties before signing off the works. However, while the Council will normally visit the site at various stages of the build, it does not act as a clerk of works or a site manager and the responsibility for compliance with the regulations rests with the building owners and builders. The council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual.
11. Mr X says he has incurred significant costs because of the Council’s actions. However, caselaw has established that where a council has issued a completion certificate and the work is later found to be substandard, liability for any defects rests with those that commission the work and those that carry it out. We therefore cannot hold the Council responsible for substandard work by the builder.
12. I understand Mr X says the completion certificate influenced his decision to purchase the properties. But the Ombudsman would expect a person purchasing a property to have a full survey completed before purchase. If defects are found in work completed before the sale of the property, we would expect the building owner to have a remedy against either the person that carried out the survey or the previous owner.
13. Mr X has also complained he has been charged council tax for the properties. Mr X says the Council knew about the issues with the buildings and the properties should not have been listed for council tax.
14. Mr X contacted the VOA to dispute whether the properties should be listed for council tax. The Ombudsman cannot investigate any decision made by the VOA and if Mr X disagreed with the VOA’s decision, he could have appealed to the Valuation Tribunal. I see no reason why an appeal could not have been made in this case.

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Final decision

15. We will not investigate Mr X’s complaint because it is unlikely we could achieve the outcome he wants. Mr X could have appealed to the Valuation Tribunal if he disputed his liability for council tax.

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Investigator's decision on behalf of the Ombudsman