Summary: We will not investigate Mr B’s complaint that the Council wrongly approved work which does not meet the building regulations. This is because an investigation would not achieve a meaningful outcome for Mr B.

The complaint

1. Mr B complains that before he bought his property the Council wrongly gave building control approval for a non-compliant extension roof. Mr B says this has resulted in water damage to his property. Mr B would like the Council to pay him compensation for the required changes to the roof.

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 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 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))

Back to top

How I considered this complaint

3. I considered information provided by Mr B.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We will not investigate this complaint.
6. In english law there is a principle of caveat emptor which translates as “let the buyer beware”. We would generally expect a buyer of a property to arrange a full survey of the property before purchase to identify the type of issue Mr B has complained about.
7. But, in any case, the primary responsibility for building work and compliance with the building regulations rests with building owners and builders. The courts have held that local authorities are not responsible for the costs of putting right defective building work which does not meet the building regulations.
8. This means even if an investigation found the Council was at fault, we would not ask the Council to make a payment which the courts have decided local authorities are not required to pay.
9. So, an investigation would not be a good use of our limited resources or achieve a meaningful outcome for Mr B.

Back to top

Final decision

10. We will not investigate this complaint because we cannot achieve a meaningful outcome for Mr B.

Back to top

Investigator's decision on behalf of the Ombudsman