Summary: We will not investigate this complaint about Mr X’s complaint about the building regulations fees charged by the Council and the service provided. We have not seen enough evidence of fault in the Council’s actions. Nor do we consider the complainant has suffered a significant personal injustice which warrants our involvement.

The complaint

1. Mr X complains the Council’s about the actions of the Council’s Building Control Inspector when he visited his property. He says the Inspector:
• Arrived at his property without any tools.
• Spent about five minutes at the property.
• Did not climb onto his roof or fully inspect inside his loft; and
• Failed to follow a check list.

Mr X says the service provided did not justify the fee charged and wants the Council to refund his payment.

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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.

(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. The Council says Mr X started work without submitting a building regulations application. It says Mr X should have applied at least 48 hours before work commenced. It also says:
• The fees are published on its website and there is a surcharge for applying after work has started.
• The Inspector considered all aspects of the roof.
• The inspector will make another visit.
• The fee charged is for two inspections, registering the application and providing a completion certificate when appropriate.
6. Most building work needs 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.
7. The Council may inspect building work while it is being carried out before issuing a building control certificate. Building Control officers may visit at key stages of a development to check building work is being carried out in line with any plans submitted but they are not required to do so and will not be present for most of the project. Building Control officers do not act as a clerk of works and are not responsible for the quality of building work carried out.
8. The homeowner and their builders are responsible for the quality of work carried out. Case law has established that if a council issues a completion certificate and the work is later found to be substandard, liability for any defects rests with those that commission the work and those that carried it out.

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Final decision

9. We will not investigate Mr X’s complaint. I understand Mr X believes he did not receive an adequate service for the fee he paid. However, from the information I have seen, there is not enough evidence of fault in the Council’s actions. Nor do I consider Mr X has suffered a significant personal injustice because of the Council’s actions.

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Investigator's decision on behalf of the Ombudsman