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 Mrs X, used the Council’s building control service during the construction of her extension. Mrs X says the Council did not properly inspect the building and issued a completion certificate for defective works.

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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 Mrs 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. Mrs 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. Mrs X has incurred costs repairing the defective work. She says the Council should take responsibility for its role in the matter and pay partial compensation for the costs she has incurred. Mrs X also says changes should be made to improve the Council’s building control service.
7. 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 Mrs X by investigating her complaint.
8. Mrs X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman