Summary: We will not investigate Mrs X’s complaint that the Council signed off building work to her property which was not compliant with the Building Regulations. This is because the courts have decided councils do not take on responsibility for substandard work. We cannot therefore say the Council must pay for the cost of remedial works to her property or that it must refund her inspection fees.

The complaint

1. The complainant, Mrs X, complains the Council signed off building work to her property in 2022 which has now proved to be faulty. She says the tiles used by her builder were not suitable for the pitch of the roof and it is now leaking. She wants the Council to apologise, refund her building inspection fee and reimburse her for the cost of a new roof.

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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 effect 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 the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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. When carrying out their functions under the Building Regulations, local authorities may visit at various stages but the number and timings of any inspections vary by local authority and type of development. Local authorities are not present for the great majority of the project and do not act as a ‘clerk of works’. 
5. On request and when satisfied after taking 'all reasonable steps' that the Regulations have been met, the local authority must issue a completion certificate. But a completion certificate is not a guarantee that all works are completed to the necessary standard. All the certificate can and does state is that, as far as the Council could tell at the time, building work complied with the building regulations.
6. Where a local authority issues a completion certificate for work which is later found not to comply with the Building Regulations, the council does not take on liability for the substandard work; the courts have decided this remains with the builder and those who commissioned the work. We cannot therefore hold the Council responsible for the defect in Mrs X’s roof or say it must reimburse her for the cost of putting it right. We also would not say the Council must reimburse Mrs X for the fees she paid for its inspections as these took place at the time and resulted in the issue of the completion certificate. The losses she now claims stem from the work carried out by her builder and although they have now ceased trading we cannot say liability passes to the Council.

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Final decision

7. We will not investigate this complaint. This is because we cannot hold the Council responsible for the substandard work by her builder and we cannot therefore achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman