Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could add to the Council’s response or achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I shall refer to as Ms X, has complained the Council wrongly issued a completion certificate for an extension to her property. Ms X purchased the property after the works were carried out and the certificate was issued. She has recently discovered issues with the works and says the extension is unsafe.

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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 could not add to any previous investigation by the council, 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 Ms X and the Ombudsman’s Assessment Code.

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My assessment

4. 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.
5. 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.
6. Ms X says the Council did not properly inspect the works and failed to take reasonable steps to ensure compliance with building regulations before issuing the completion certificate. Ms X says the Council should pay for the extension to be demolished and rebuilt in line with building regulations.
7. However, I cannot say the Council is responsible for the repair works or that it should pay to rectify the issues with the extension. Primary responsibility for the building works rests with those that commission it and those that carry it out and the courts have held that councils are not liable for pure economic loss arising from issues with the quality of works. The Ombudsman takes the same view as the courts, and we will not usually investigate complaints where the main issue is one of pure economic loss.

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Final decision

8. We will not investigate Ms X’s complaint because it is unlikely we could add to the Council’s response or achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman