Summary: Mr X complained Council building control inspectors failed to carry out enough inspections of extensions, failed to follow up on issues identified, failed to keep satisfactory records and failed to complete a final inspection. There is no fault by the Council.

The complaint

1. The complainant, Mr X, complained the Council:
• failed to carry out enough inspections of the extensions before signing work off;
• failed to follow up on issues it had identified on inspection visits;
• failed to keep satisfactory records; and
• failed to complete a final inspection despite issuing a completion certificate.
2. Mr X says the Council’s actions have caused him significant stress due to issues with the building works.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. 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

5. As part of the investigation, I have:
• considered the complaint and Mr X's comments;
• made enquiries of the Council and considered the comments and documents the Council provided.
6. Mr X and the organisation 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

Building Control and Building Regulations

7. 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.
8. 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.
9. 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.
10. There are two ways a building owner can get building regulations approval. These are:
• Full plans application. The owner or their agent submits plans. The plans are checked for compliance with building regulations.
• Building notice application. The owner or their agent informs the Council or approved inspector of their intention to begin building work. The Council's inspector or an independent approved inspector will visit the site at various stages of the work to check compliance with building regulations.
11. When carrying out their building control functions, councils will normally visit at various stages, but they are not required to do so and will not be present for the majority of the project. Councils are not expected to act as a site manager or 'clerk of works'.
12. 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.

What happened

13. Mr X bought a property in 2024 which had various extensions in place. Mr X had a full survey which did not identify any issues with the building. Since moving into the property Mr X has identified significant issues with cracked and uneven floors, a leaking roof, mould, structural defects, missing air bricks, undersized joints and blocked ventilation. That prompted Mr X to ask the Council for a copy of its building inspection records.
14. Those building inspection records show the Council carried out site visits to inspect some of the works in 2021. Then, in June 2024 the Council carried out a final inspection and issued a completion certificate. Mr X says given the issues he has experienced with the building the Council cannot have carried out those inspections properly.

Analysis

15. Mr X says the Council failed to carry out enough inspections of the extensions before it signed the work off and failed to follow up on issues it had identified.
16. I am not sure whether there has been some misunderstanding here about the role of the Council’s building control service. The role of a building control inspector is to visit, usually when notified of works that need inspection by the person carrying out the works. The building inspector will visit to inspect the works and, if necessary, raise any concerns about compliance with the building regulations if the inspector identifies issues. It is not, however, the Council’s role to act as a clerk of works. It is therefore not the Council’s role to reinspect when it has provided the builder with advice to see whether the builder has acted on that advice. The responsibility for ensuring the works comply with the building regulations remains with the developer or owner of the property. That is a position which the courts have confirmed.
17. In this case I am satisfied the Council carried out seven inspections of work at the site. That would not, however, include every part of the development. The Council would only visit to inspect specific works the developer told it about. In this case I am satisfied the records of those visits record the areas where the inspector had some concerns about the works taking place, particularly around the depth of the excavations. The records also show the inspector revisited and was satisfied with the depth of the excavations on a later visit. I therefore could not say the Council failed to inspect the site properly.
18. I understand Mr X’s concern because it is clear there are significant problems with the work the developer carried out. In particular, Mr X refers to the fact the developer had not removed tree roots and that has caused damage to the property. I understand Mr X’s concern in those circumstances. However, as I have made clear, the responsibility for ensuring the works comply with the building regulations remains with the developer/owner. I am satisfied the Council’s building inspector had told the developer/owner of the property about the foliage close to the works planned. Any failure to address those issues is then the responsibility of the developer/owner, rather than the Council.
19. Mr X raised concerns about specific issues he has identified, such as inadequate joists, substandard roof construction and inadequate air bricks. Mr X says the Council should have picked those issues up on its inspections. Having considered the notes from the inspection visits there is no reference to the building inspector carrying out any inspections of floor joists, air bricks or the roof. Given the inspector did not refer to those issues I do not consider it likely those were issues he inspected. The Council is not required to inspect each part of the building works. The Council can also can only inspect those works visible at the inspection.
20. The Council has accepted though it could have kept more detailed records. For some visits there are clearer notes of what the inspector viewed and the advice given than for others. I am satisfied though those notes record what the inspector saw on site, which is what I would expect it to do. In those circumstances I do not consider the records are so inadequate to warrant a finding of fault.
21. Mr X says the Council failed to carry out a final inspection before issuing a completion certificate. I am satisfied that is not accurate as there is a record of a final inspection visit. I therefore have no grounds to criticise the Council.
22. That is not to say Mr X does not have problems with some of the building work completed. It is clear he does. However, I am satisfied Mr X’s remedy here is against the developer or the previous owner of the property, rather than the Council. Besides, as Mr X bought the property after the works were completed the survey should have picked up any issues with the development. I am therefore satisfied Mr X’s remedy for the cost of correcting the works is against the developer, the previous owner of the property or the person that carried out the survey.
23. I appreciate from Mr X’s perspective he believed it could rely on the Council issuing a final completion certificate. Mr X has interpreted that as meaning the Council was satisfied the works complied with the building regulations. However, as I have made clear, the Council is not required to inspect every part of the development and sign it off as it does not act as a clerk of works. All the completion certificate means is the Council was satisfied, based on what it had inspected, that the works satisfied the requirements of the building regulations. That does not provide any guarantee though that all the works completed complied with the building regulations because the Council will not have inspected all of those works. Nor can it know what works the developer undertook when the inspector left the site.

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Final decision

24. I find no fault.

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Investigator's decision on behalf of the Ombudsman