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

The complaint

1. Mr X complains the Council approved an unsafe building that violated regulations and falls short of current standards. He says this has caused great harm to him and other leaseholders.
2. Mr X wants the Council to:
• provide a detailed plan outlining how they will correct their part in the scandal;
• present a comprehensive compensation package for leaseholders, considering the financial losses, emotional distress, and shattered future security resulting from investments in the property they signed off; and
• engage with media outlets and the public.

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The Ombudsman’s role and powers

3. 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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Most building work requires building regulation approval. The regulations set the standards for design, construction and ensure the health and safety of the people living in or around the building.
7. The Council will normally visit the site at various stages of a build. However, it does not act as a clerk of works or 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.
8. Mr X says the Council failed to properly inspect the work and signed off the building even though the regulations were not met. He says he has incurred significant losses and the Council should compensate him.
9. However, caselaw has established that where a council has signed off building work which is later found to be substandard, 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 work commissioned and carried out by third parties 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 Mr X’s complaint because

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Investigator's decision on behalf of the Ombudsman