Summary: We will not investigate this complaint that the Council wrongly approved defective building work which does not meet the building regulations. This is because an investigation would not achieve a meaningful outcome.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council did not identify defective building work when it inspected and issued a completion certificate for a loft conversion at his property. Mr B says he should not have to pay for the defective building work to be put right. Mr B would like the Council to accept it was at fault and collaborate with the builders to get the issue resolved at no cost to him.

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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 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 considered information provided by Mr B.
4. I 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.
6. Mr B may contact the builder to try to get the defective work put right in line with the plans for the build. But, 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 a meaningful outcome for Mr B.

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Final decision

7. We will not investigate Mr B’s complaint because an investigation would not achieve a meaningful outcome.

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Investigator's decision on behalf of the Ombudsman