Summary: We will not investigate this complaint about the Council’s building control service. We consider that further investigation will not lead to a different outcome.

The complaint

1. Mr X complains about the Council’s building control service.

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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.

(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. Mr X says he asked the Council if it had all the information necessary to issue a completion certificate for building work at his home. He was told that a completion certificate would be issued in due course. He says this led him to release the final funds to his builder.
6. However, when he chased for the certificate the Council told him its file was incomplete and further information was needed. Mr X provided more information and an officer visited his home. The Council then told Mr X part of the floor was not compliant with building regulations.
7. Mr X says he would not have paid the builder in full if the Council had not told him it was going to issue a completion certificate.
8. In response to Mr X’s complaint, the Council has apologised for giving him incorrect information. It says the administrator who spoke to him told him a completion certificate would be issued based on the information on the building control file which was unfortunately incomplete.
9. I understand Mr X believes the Council should pay for the extra costs he has incurred to make the building work compliant with building regulations. However. caselaw has established that where building work is found to be substandard, the liability for any defects rests with those that commission the work and those that carry it out. Therefore, we cannot hold the Council responsible for costs of making his building work compliant with building regulations and it is unlikely we could achieve a worthwhile outcome for Mr X by investigating his complaint.

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Final decision

10. We will not investigate ’s complaint because further investigation will not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman