The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s building control service. This is because we are unlikely to find fault.
The complaint
Mr X has complained about the Council’s building control service. He says the Council has failed to ensure building works at a property he was planning to purchase complied with building regulations. Mr X says he will incur additional costs because of the Council’s actions.
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: there is not enough evidence of fault to justify investigating, or we could not add to any previous investigation by the council, or further investigation would not lead to a different outcome, or we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council’s building control service was used during the construction of a residential development. Mr X intended to purchase one of the new dwellings. However, he was concerned the property did not comply with building regulations. Mr X says the Council assured him the necessary regulations would be complied with by the time the buildings were finished. Mr X says he decided to wait for the development to be completed and did not look for other properties to buy. Mr X says the building still does not comply with regulations and he will now incur additional costs purchasing an alternative property as housing prices and mortgage rates have increased.
However, it is for the Council to decide if it is satisfied that building regulations have been complied with before it issues a completion certificate. The Council has accepted there are still issues with the development. It has therefore not yet issued a completion certificate for most of the properties and is continuing to work with the developer.
I understand Mr X says he will incur additional costs because of the Council’s actions. But it was Mr X’s decision to wait for the building to be finished and he could have decided to pursue other potential properties. The Council is also not responsible for increased housing prices and mortgage rates.
Final decision
We will not investigate Mr X’s complaint because we are unlikely to find fault by the Council.
Investigator's decision on behalf of the Ombudsman