Summary: We will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.

The complaint

1. Mr X has complained about the Council’s building control service. Mr X used the building control service during the construction of an extension at his property. Mr X says the Council approved the foundations for the extension, but problems have since been discovered with the building work.

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation.

(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 Ombudsman’s Assessment Code.

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My assessment

4. Most building work will require 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. While councils will normally visit the site at various stages of the build, they are not required to do so and are not expected to act as a site manager. The responsibility for compliance with regulations rests with the building owners and builders. The council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual.
5. Mr X says the problems with the extension should have been noticed by the Council sooner and he will incur significant costs rectifying the issues. Mr X says the Council should contribute towards the cost of the repairs.
6. While a council may inspect work or issue a completion certificate, this is not a guarantee that all work complies with regulations. Caselaw has established that where building work is later found to be substandard, the liability for any defects rests with those that commission the work and those that carry it out. We therefore cannot hold the Council responsible for the problems with the building work and it is unlikely we could achieve a worthwhile outcome for Mr X by investigating his complaint.
7. Mr X has also complained about the Council’s complaint handling. However, where the Ombudsman has decided not to investigate the substantive issues complained about, we will not usually use public resources to consider more minor matters such as complaint handling.

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Final decision

8. We will not investigate Mr X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman