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 and he has not suffered any significant injustice.

The complaint

1. Mr X has complained about the Council’s building control service. He says the Council failed to thoroughly inspect the building work and problems with his roof were missed. Mr X says he has been caused considerable stress by the matter and the Council should refund the building control fee he paid.

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The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:

• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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 used the Council’s building control service while he was extending his property. Before the works were completed, Mr X needed to hire new builders. The new builders identified many issues with the roof. The problems were rectified, and the Council issued the completion certificate. Mr X says the Council failed to thoroughly inspect the building work and believes the roof defects would not have been noticed had he not hired a new building company. Mr X says this would have caused problems with the extension in the future.
6. Mr X says the Council should refund the fee he paid as it did not properly inspect the building. 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.
7. I understand Mr X is concerned the completion certificate may have been issued before the problems with the extension were rectified. But as the issues were noticed before the extension was finished, I cannot say he suffered any significant injustice in this regard. Furthermore, 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.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome and Mr X has not suffered any significant injustice.

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Investigator's decision on behalf of the Ombudsman