Summary: We will not investigate this complaint that the Council wrongly issued a completion certificate for works that did not comply with building regulations. This is because it is unlikely we would find fault or that an investigation would achieve the outcome the complainant wants.

The complaint

1. The complainant, who I will call Mr A, complains that he was let down by the Council’s Building Control department. Mr A feels no adequate checks for sound proofing or fire compartmentation were carried out before the Council issued a completion certificate and, as a result, he has been unable to enjoy living in his flat.

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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:

• It is unlikely we would find fault, or
• It is unlikely further investigation would lead to a different outcome, or
• 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 considered information provided by Mr A and the Council. I also considered our Assessment Code.
4. Mr A commented on a draft decision and I considered his points before making this decision.

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My assessment

5. 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.
6. The Council will normally visit the site at various stages of the build. But councils do not act as a clerk of works 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.
7. Mr A says the Council should not have signed off the works to his newly built home as there is no sound proofing between floors or fire compartmentation. He feels the Council ought to accept they did not take reasonable steps to ensure the property was built to an acceptable standard and this has impacted his physical and mental health. But I could not say the Council is at fault here.
8. The Council has explained the steps it took before issuing the completion certificate. The completion certificate is also not a guarantee all works have been done to the required standard. Caselaw has established that where a council issues a completion certificate it does not take responsibility or liability for substandard work. This remains with those responsible for the work rather than the Council for signing it off.

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Final decision

9. I have decided we should not investigate this complaint. This is because it is unlikely we would find fault by the Council or achieve the outcome Mr A wants.

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Investigator's decision on behalf of the Ombudsman