Summary: We will not investigate Miss X’s complaint that the Council wrongly signed off her building work as compliant with the Building Regulations. This is because we cannot achieve any worthwhile outcome for Miss X.

The complaint

1. The complainant, Miss X, complains the Council wrongly signed off her building work as compliant with the Building Regulations. Her extension is now leaking and causing damage to the interior of her property.

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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 further investigation will lead to a different outcome, or
• 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 reviewed Mrs X’s complaint, shared my draft decision with her and invited her comments.

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What I found

4. Miss X had building work carried out to her property several years ago. She has recently experienced leaks from the roof and has been told this is because the pitch of the roof is not adequate. She contacted the Council and, following an inspection, it has confirmed there is an issue with this. But it has declined to pay to put the issue right as it says it cannot be held liable.
5. When carrying out their functions under the Building Regulations, local authorities may visit at various stages but the number and timings of any inspections vary by local authority and type of development. Local authorities are not present for the great majority of the project and do not act as a ‘clerk of works’. On request and when satisfied after taking 'all reasonable steps' that the Regulations have been met, they must issue a completion certificate. This is not a guarantee that all works have been done to the required standard and the fact the work has since been proven inadequate does not provide grounds for a refund of its fee.
6. Caselaw has established that where a local authority issues a completion certificate it does not take on responsibility or liability for substandard work; this remains with those responsible for the work rather than with the Council for signing it off. Because the courts have decided local authorities are not responsible for issues with the work they sign off we cannot say the Council is responsible for the leak to Miss X’s extension; we cannot therefore say it should pay to put this right.

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Final decision

7. We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Miss X.

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Investigator's decision on behalf of the Ombudsman