The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s actions in relation to building control issues at Ms X’s home. This is because the builders are responsible for the safety and quality of any building work so she has not been caused an injustice as a result of the Council’s actions.
The complaint
Ms X complains the Council has issued a building control certificate for her property for work that is unsafe and has not been completed properly.
Ms X says she is now living in a property that is at risk of collapse.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council may inspect building work whilst it is being carried out before issuing a building control certificate. Building Control officers may visit at key stages of a development to check building is being carried out in line with any plans submitted but they are not required to do so and will not be present for the majority of the project. Building Control officers do not act as a clerk of work and are not responsible for quality of building work carried out.
The homeowner and their builders are responsible for the quality of work carried out. Therefore, Ms X has not been caused an injustice as a result of the actions of the Council and so we will not investigate this complaint.
Final decision
We will not investigate Ms X’s complaint because she has not been caused an injustice as a result of the Council’s actions.
Investigator's decision on behalf of the Ombudsman