Birmingham City Council (24 021 495)

Category : Planning > Building control

Decision : Closed after initial enquiries

Decision date : 06 Apr 2025

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about a building inspectors work in 2015. There are no good reasons the late complaint rule should not apply.

The complaint

  1. Mr X says a Council building control inspector failed to carry out an accurate inspection in 2015.

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The Ombudsman’s role and powers

  1. 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)

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How I considered this complaint

  1. I considered information provided by Mr X which included the Council’s reply to him.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X says he had a dormer extension to his home. He says the Council’s building control inspector passed the work in 2015. He says that shortly afterwards he began seeing water leaking into the ceiling and cracks appeared. He says since the roof has sunk. He believes the builders used the wrong wood for the supporting beam.
  2. The Council says this was 11 years ago and the responsibility for the quality of the work lies with the builder.
  3. We cannot investigate a complaint about events known to Mr X for more than 12 months unless there are good reasons to do so. Here we have no evidence there are.

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Final decision

  1. We will not investigate Mr X’s complaint because there are no good reasons the late complaint rule should not apply.

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Investigator's decision on behalf of the Ombudsman

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