Summary: We will not investigate Mrs X’s complaint about the Council’s decision to approve building work that Mrs X considers did not comply with building regulations. This is because it is unlikely we could achieve a worthwhile outcome for the complainant.

The complaint

1. Mrs X complains that her loft conversion has turned out to be structurally unsound despite being signed off by the Council’s building control service. She wants the Council to take responsibility for the cost of rectification 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:

• we cannot achieve the outcome someone wants, 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 Mrs X and the Ombudsman’s Assessment Code.

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My assessment

4. Mrs X is concerned about structural issues with her loft conversion. She says it is unstable, ceilings are cracked and it feels unsafe to use. She says the Council should not have given building control approval.
5. Caselaw has established that where a council has issued 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 carry it out.
6. We therefore cannot hold the Council responsible for substandard work by the builder, and it is unlikely we could achieve a worthwhile outcome for Mrs X by investigating her complaint
7. The Council does not act as a clerk of works or a site manager and the responsibility for compliance with the 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. A completion certificate is also not a guarantee that all works are completed to the necessary standard.

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Final decision

8. We will not investigate Mrs 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