Summary: We will not investigate Mrs X’s complaint that the Council signed off building work to her new-build property which she has now discovered is not structurally sound. This is because we cannot achieve any worthwhile outcome for Mrs X.

The complaint

1. The complainant, Mrs X, complains the Council failed to identify defects in the build of her home, a new-build, when monitoring the build for compliance with the Building Regulations. She considers the Council is partially responsible for her home being structurally unsound.

Back to top

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 effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Building Regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings.
6. When carrying out their functions, local authorities may visit at various stages but the number and timings of any inspections vary by local authority and type of development. Local authorities are not present for the great majority of the project and do not act as a ‘clerk of works’. On request and when satisfied after taking 'all reasonable steps' that the Regulations have been met, they must issue a completion certificate.
7. A completion certificate for building work is not a guarantee that all works are completed to the necessary standard. All the certificate can and does state is that as far as the Council could tell at the time, based on the professional judgement of the officer who inspected it, the building work complied with the Building Regulations. This is not a guarantee that all works have been done to the required standard.
8. Where a local authority issues a completion certificate for work which is later found not to comply with the Building Regulations, the courts have decided the local authority does not take on liability for the substandard work; this remains with the builder and those who commissioned the work.
9. We cannot therefore hold the Council responsible for the defects in the construction of Mrs X’s property or achieve any worthwhile outcome for Mrs X by investigating the matter further.
10. If Mrs X believes her case is different and that the Council is responsible she may wish to consider making a claim against the Council at court.

Back to top

Final decision

11. We will not investigate this complaint. This is because we cannot hold the Council responsible for the substandard work or, therefore, achieve any worthwhile outcome by investigating further.

Back to top

Investigator's decision on behalf of the Ombudsman