Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because we are unlikely to find fault by the Council. It is also unlikely an investigation would achieve a worthwhile outcome for the complainant.

The complaint

1. Mr X has complained about how the Council dealt with a building regulation application for his home. Mr X says the Council failed to carry out the proper checks and ensure a completion certificate was issued before the building was occupied. Mr X says he is concerned about the safety of the property and his home is now unsellable. Mr X says the Council has not taken any action to resolve the issues.

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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:

• there is not enough evidence of fault to justify investigating, 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 Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. 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.
6. The Council’s building control service was used during the construction of the building where Mr X lives. Building control officers inspected the building work but a completion certificate was not issued as problems were identified.
7. Mr X says the property should not have been occupied until the building work was signed off and the completion certificate issued. He says the Council should take action to ensure the matter is resolved. However, it is not the Council’s responsibility to ensure building regulations are complied with. This will instead rest with those that commission and carry out the work. The Council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual. We would also expect a person to carry out the necessary checks and searches to make sure everything is in order before purchasing a property.

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Final decision

8. We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council. It is also unlikely an investigation would achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman