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 a worthwhile outcome for the complainant.

The complaint

1. The complainant, whom I shall refer to as Ms X, used the Council’s building control service during the construction of her extension. Ms X says the Council did not properly inspect the building and issued a completion certificate for the defective works. Ms X says she has been caused significant stress by the matter.

Back to top

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))

Back to top

How I considered this complaint

3. I considered information provided by Ms X and the Ombudsman’s Assessment Code.

Back to top

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. Ms X says the Council failed to properly inspect the building works and should not have issued a completion certificate. 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. Ms X says she will incur significant costs repairing the defective work. However, caselaw has established that where a council has issued a completion certificate and the work is later found to be substandard, liability for any defects rests with those that commission the work and those that carry it out. We therefore cannot hold the Council responsible for substandard work by the builder and it is unlikely we could achieve a worthwhile outcome for Ms X by investigating her complaint.

Back to top

Final decision

7. We will not investigate Ms X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.

Back to top

Investigator's decision on behalf of the Ombudsman