Summary: Ms X complained the Council issued a completion certificate for her new- build property which she has since discovered does not satisfy the building regulation requirements. We found there is no evidence of fault on the part of the Council.

The complaint

1. Ms X complained the Council issued a completion certificate for her new- build property which she has since discovered does not satisfy the building regulation requirements

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended.
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
5. Ms X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

Building Control and Building Regulations

6. Most building work requires building regulation approval. Building regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings.
7. A certificate of building regulations approval can be granted by the Council’s registered building inspectors, or by independent registered building control approvers.
8. In addition, competent person schemes are a way for tradespeople to prove their ability to carry out certain works to required standards instead of applying for building regulation approval.

What happened here

9. Ms X purchased a new build property in late 2023. Since moving in Ms X has discovered a number of issues with the property which she believes the Council should have identified and resolved before issuing a completion certificate. She was particularly concerned about dangerous electrical wiring and a boiler that was not fit for purpose. Ms X also arranged for the installation a loft hatch and discovered the roof had not been insulated properly.
10. The Council’s building control officers had visited the site and inspected the building works at various stages and had issued a completion certificate. However the Council was not involved in the approval of the electrical or gas/ plumbing installations. These were both self-certified under third party competency schemes.
11. The Council advised Ms X it was not possible to check whether the roof insulation had been installed during the officers’ inspections as there was no loft hatch. While it is a Building Regulation requirement to install roof insulation, it is not a requirement to install a loft hatch. The Council told Ms X the person undertaking the building work was under a duty to comply with the Building Regulations.
12. To assist Ms X the Council contacted the builder and warranty provider to try and negotiate a solution. Ms X says the builder agreed to return to install the roof insulation but never did. She has had to pay for another company to install the roof insulation.
13. The Council also referred Ms X to the scheme the electrical engineer was registered with to pursue her concerns about the electrical installation.
14. In response to Ms X’s formal complaint the Council confirmed it had done all it could to assist Ms X and there was no further action it could take.

Analysis

15. 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. The primary responsibility for building work and compliance with the building regulations rests with building owners and builders.
16. If the Council is satisfied, after taking 'all reasonable steps', that the building regulations have been met, it must issue a completion certificate.
17. A completion certificate for building work is not a guarantee that all works are completed to the necessary standard. All the certificate does is state that as far as the Council could tell at the time, based on the professional judgement of the officer who inspected it, the building work complied with the building regulations. This is not a guarantee that all works have been done to the required standard.
18. Where a council issues a completion certificate for work which is later found not to comply with the building regulations, the courts have decided the council does not take on liability for the substandard work; this remains with the builder and those who commissioned the work.
19. We cannot therefore hold the Council responsible for the builder’s failure to install roof insulation in Ms X’s property. Nor can we require the Council to reimburse Ms X the cost of putting this right.
20. Similarly as the builder’s electrician used a self-certification scheme to certify the electrical installation at Ms X’s property the Council had no involvement in or knowledge of the competency of these works. It is not responsible for any shortcomings in the work.

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Decision

21. I find no fault on the part of the Council.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman