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 add to the Council’s response or achieve the outcome the complainant wants.

The complaint

1. The complainant, whom I shall refer to as Mrs X, has complained the Council wrongly signed off works for a newly built property. Mrs X says the drainage system for the new dwelling was not properly installed and this causes unpleasant odours. Mrs X says this issue would have been avoided if the Council had properly inspected the works before issuing a completion certificate and says it should take action to resolve the problem with the defective drains.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered Mrs X’s complaint and the Council’s responses. I invited Mrs X to comment on a draft of this decision.

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What I found

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.
5. The Council will normally visit the site at various stages of the build. But councils do not act as a clerk of works 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.
6. Under the Environmental Protection Act, councils have a duty to take reasonable steps to investigate a potential statutory nuisance. Council officers will use their professional judgement to decide if a statutory nuisance exists.

What happened

7. The Council granted planning permission for a new dwelling. After the new property was built it also granted building regulation approval and issued a completion certificate.
8. In 2019, Mrs X moved into her home and contacted the Council to complain about an unpleasant odour from a drain located between her property and the new dwelling. The Council looked into Mrs X’s concerns and visited the property. However, it decided there was no evidence of a statutory nuisance.
9. Shortly after this, Mrs X contacted the Council again as she believed the drains for the new property were not correctly installed when the house was built. Mrs X says the problems she has experienced could have been avoided had the Council properly controlled the building works and inspected the drainage system before issuing a completion certificate.

Assessment

10. I will not investigate this complaint about how the Council dealt with a building control matter. This is because it is unlikely an investigation could add to the Council’s response or achieve the outcome Mrs X wants.
11. Mrs X says the Council should not have signed off the building works as the drains were not installed properly. She says her home has been affected as a result and the Council should rectify the issues with the defective drains to resolve the matter. In response to Mrs X’s complaint the Council has said the drainage system for the new property was properly installed. But even if this is not the case as Mrs X believes, I cannot say the Council would be responsible for any repairs. The primary responsibility for the building work rests with those that commission it and those that carry it out and the courts have held that councils are not liable for pure economic loss arising from a dispute about the quality of works. The Ombudsman takes the same view as the courts and we will not usually investigate complaints where the main issue is one of pure economic loss.
12. The Council also visited the site and was satisfied there was no evidence of a statutory nuisance. The Council was entitled to use its professional judgement in this regard, and the Ombudsman cannot question this decision unless it was tainted by fault.
13. Mrs X has also complained the Council breached her confidentiality and told her neighbour she had complained. The Council said it did contact the owners of the property to gain access and carry out an inspection so it could properly consider Mrs X’s concerns. However, it says it did not tell the property owners that Mrs X was the complainant. I cannot know for certain what was discussed when the Council officer visited Mrs X’s neighbour’s property. However, if Mrs X is concerned about how the Council handles her personal information, she can complain to the Information Commissioner’s Office as this is the appropriate body to consider complaints about these matters.

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Final decision

I will not investigate this complaint. This is because it is unlikely I could add to the Council’s response or achieve the outcome Mrs X wants.

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Investigator's decision on behalf of the Ombudsman