Summary: We will not investigate Mr B’s complaint that the Council wrongly approved building work which did not meet the building regulations. This is because we cannot achieve the outcome Mr B wants.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council wrongly issued a building control completion certificate for an extension to his property in 2011. Mr B says since the extension was built the roof has leaked and he has recently found out that the pitch of the roof is wrong and not in line with the plans. Mr B complains the Council has refused to pay towards his costs getting the roof replaced even though the Council accepts a completion certificate should not have been issued. Mr B would like the Council to make a significant contribution to the cost of a new roof.

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The Ombudsman’s role and powers

2. 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 cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered information provided by Mr B.
4. I have considered the Ombudsman’s Assessment Code.

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My assessment

5. The primary responsibility for building work and compliance with the building regulations rests with building owners and builders. The courts have held that local authorities are not responsible for the costs of putting right defective building work which does not meet the building regulations. This means we would not ask the Council to make a payment which the courts have decided local authorities are not required to pay. So, an investigation would not achieve the outcome Mr B wants.

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Final decision

6. We will not investigate Mr B’s complaint because we cannot achieve the outcome he wants.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman