Summary: Mr X complained about the Council’s inadequate building control relating to his property. He said this impacted him financially and impacted his mental health. We have discontinued the investigation. This is a late complaint and there is no good reason to exercise discretion to consider this matter now. The Information Commissioner’s Office is better placed to consider concerns about not providing information.

The complaint

1. Mr X complained about the Council’s inadequate building control relating to his property. He said this impacted him financially and impacted his mental health.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The Information Commissioner's Office considers complaints about freedom of information. Its decision notices may be appealed to the First Tier Tribunal (Information Rights). So where we receive complaints about freedom of information, we normally consider it reasonable to expect the person to refer the matter to the Information Commissioner.

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How I considered this complaint

5. I read Mr X’s complaint and spoke to him about it on the phone.
6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Background information

8. Councils have a very important role in ensuring buildings are safe for people to use. Their duty is to protect the public, rather than the interests of private individuals. They have extensive powers to protect the public, ranging from checking building works for compliance with building regulations, and requiring or carrying out emergency works to make buildings safe.
9. Most building work requires building regulation approval. Building regulations set out requirements and guidance that builders and building owners are required to follow and consider. The purpose of the regulations is to make sure buildings are safe for those that use them or live around them.
10. A certificate of building regulations approval can be granted by councils acting as building control authorities, or by independent ‘approved’ inspectors. Councils employ building inspectors to carry out this work.
11. There have been court challenges where owners of buildings have sought to hold Council building control authorities liable for defects in building work they have inspected. The courts have decided that Council building control authorities are not liable to ensure compliance with building regulations – the duty to comply with regulations lies with the building owner.
12. Owners of buildings may be able to take legal action for the consequences of poor/non-compliant work against their contractor, architect or builder.
13. There are rights of appeal against building regulation decisions. The first step is to ask the building control body for a ‘determination’ if approval is refused or the decision is unfair. If the building control body says work does not comply with building regulations, the developer can appeal to the secretary of state. If the Council has served a building regulations enforcement notice, the appeal right is to the magistrate’s court. Details of building regulations appeal can be found at www.gov.uk.

What happened

14. This is a summary of events, outlining key facts and does not cover everything that has occurred in this case.
15. Mr X purchased two properties in the same building in 2007. He said the Council did not sign them off until 2010. He raised concerns about the quality of the building works with the Council in 2012.
16. The Council completed a review of the building and associated works in 2014. The report raised several concerns about the building, and set out a number of actions.
17. Mr X continued to contact the Council about the building work and the Council’s involvement with the project.
18. Mr X complained about the Council's actions regarding the building in 2018. The Council response said the building owner and the contractor were responsible for the works and signposted Mr X to the Ombudsman.
19. Mr X continued to raise concerns about the building and the Council not providing information.
20. Mr X complained again in 2024. The complaint was about the Council’s actions regarding the building and the Council withholding information. The Council response in October 2024 partly upheld the complaint. It accepted the quality of its work “was insufficient and some regulatory considerations were missed”, as confirmed in the 2014 report.
21. Mr X asked the Council to escalate his complaint in October 2024. He also asked the Council to provide some information.
22. The Council responded to the stage two complaint in December 2024. The Council repeated the stage one response.
23. Mr X was not satisfied with the Council’s response and has asked the Ombudsman to investigate. Mr X would like the Council to fully investigate the concern and provide a financial remedy.

My findings

24. I am discontinuing my investigation. Mr X raised concerns with the Council in 2012. The Council commissioned a report into the concern in 2014. Mr X complained to the Council in 2018. Mr X approached the Ombudsman in February 2025.
25. Mr X said the Council admitted fault and provided some information in 2024 and this led to his complaint to the Ombudsman. The Local Government Act 1974 says the permitted period to complain to the Ombudsman is “the period of 12 months beginning with the day on which the person affected first had notice of the matter”. Mr X was aware of the issues in 2012. He has complained to the Council since this time. The Council admitting fault does not impact the Ombudsman’s ability to investigate. This is a late complaint, and I see no good reason to disapply the law, referenced in paragraph three.
26. Part of Mr X’s complaint relates to the Council not providing information. Mr X can approach the Information Commissioner’s Office for these matters. It is reasonable for Mr X to refer this matter to the Information Commissioner.

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Decision

27. I have discontinued my investigation. This is a late complaint and there is no good reason to exercise discretion to consider this matter now. The Information Commissioner’s Office is better placed to consider the rest of this matter.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman