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 achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I shall refer to as Mr X, used the Council’s building control service during the construction of his extension. Mr X says the Council failed to identify issues with the building works during site visits and effectively helped his builders defraud him. Mr X says he has suffered significant financial losses.

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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:

• further investigation would not 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 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. Mr X says the Council failed to notice the defective works during its site visits. However, while the Council will normally visit the site at various stages of the build, it does not act as a clerk of works or a site manager 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. Mr X says the extension is unsafe and he has had to pay to have it deconstructed and rebuilt. Mr X says the Council should compensate him for the significant costs he has incurred. But I cannot say the Council should reimburse these costs. 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 regarding the quality of works. The Ombudsman takes the same view as the courts and will not usually investigate complaints where the main issue is one of pure economic loss.

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Final decision

7. We will not investigate Mr X’s complaint because it is unlikely an investigation could achieve the outcome he wants.

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Investigator's decision on behalf of the Ombudsman