The Ombudsman's final decision
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
Ms X has complained about the Council’s building control service. The Council’s building control service was used during the construction of the building where Ms X lives. The Council issued a completion certificate. However, Ms X has since discovered problems with the work.
The Ombudsman’s role and powers
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 no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Ombudsman’s Assessment Code.
My assessment
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 the Council will normally visit the site at various stages of the build, it 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.
Ms X says the Council failed to take reasonable steps to review the plans and carry out and record site inspections to ensure the building work complied with regulations. Ms X says the Council should cover the cost for the remedial work not covered by her insurance company.
However, 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. We therefore cannot hold the Council responsible for substandard work by the builder and it is unlikely we could achieve a worthwhile outcome for Ms X by investigating her complaint.
Final decision
We will not investigate Ms X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman