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 Mr X, used the Council’s building control service during building work on his home. He says the Council did not perform their job to a good standard and gave his builder the wrong advice.
2. Mr X says condensation is making his roof wet in cold weather and causing damp patches to appear in the plaster below. He wants the Council to accept responsibility and pay him compensation to correct the work.

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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:

• 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

4. I considered information provided by Mr X including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Most building work will require building regulation approval. The regulations set the standards for design, construction and ensure the health and safety of the people living in or around the building.
7. Mr X says the Council failed to properly carry out its duties and provided incorrect advice. 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.
8. Mr X says the Council should pay to correct the defective building work. However, case law 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 the substandard work and it is unlikely we could achieve a worthwhile outcome for Mr X by investigating his complaint.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely an investigation will lead to the outcome he is seeking.

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Investigator's decision on behalf of the Ombudsman