Summary: We will not investigate this complaint about the quality of building work carried out on Mr X’s property. This is because the Council is not responsible for the quality of the building work and so Mr X has not been caused an injustice as a result of the Council’s actions.

The complaint

1. Mr X complains the Council wrongly issued a completion certificate for a property he purchased. Mr X says cracks started appearing in the property after he moved in and the work required is not covered by the warranty for the new build home.
2. Mr X says the situation has caused him significant distress.

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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 any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council may inspect building work whilst it is being carried out before issuing a completion certificate. Building Control officers may visit at key stages of a development to check building is being carried out in line with any plans submitted but they are not required to do so and will not be present for the majority of the project. Building Control officers do not act as a clerk of work and are not responsible for quality of building work carried out.
7. The developer and their builders are responsible for the quality of work carried out. Therefore, Mr X has not been caused an injustice as a result of the actions of the Council and so we will not investigate this complaint.

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Final decision

8. We will not investigate Mr X’s complaint because he has not been caused an injustice by the actions of the Council.

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Investigator's decision on behalf of the Ombudsman