The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint that the Council wrongly issued a completion certificate for building work carried out by the previous owner of his property. This is because, in law, the Council does not take on liability for the substandard work and we cannot therefore hold the Council responsible for the issue.
The complaint
The complainant, Mr X, complains the Council signed off substandard building work to a property he purchased in 2015. He says the work has caused movement in the house and he has gone to substantial effort and cost to put right the substandard 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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Building regulations set standards for the design and construction of buildings to ensure the health and safety of people in and about those buildings.
When carrying out their functions under the Building Regulations, 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, the local authority (or any private ‘approved inspector’) must issue a completion certificate. But a completion certificate 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, building work complied with the building regulations.
Where a local authority issues a completion certificate for work which is later found not to comply with the Building Regulations, the council does not take on liability for the substandard work; this remains with the builder and those who commissioned the work.
If Mr X believes his case should be treated differently he may wish to make a claim against the Council and argue the point at court.
Final decision
We will not investigate this complaint. This is because we cannot achieve any worthwhile outcome for Mr X.
Investigator's decision on behalf of the Ombudsman