The Ombudsman's final decision
Summary: We will not investigate this complaint about how the council dealt with a building control matter. This is because it is unlikely we would achieve a worthwhile outcome for the complainant.
The complaint
Mr X is complaining about inspections completed by the Council’s building control officers. He states the Council missed major issues with his building work during the inspections.
Mr X states this has left his family in an unsafe situation and caused them significant distress and anxiety.
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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant 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’.
The Council carried out inspections of the building work completed at the property in 2021, and then further inspections in 2022 and 2023. Mr X states that the Council missed major defects in the build.
Mr X states that large parts of the property need demolishing as they did not meet Building Regulations and he feels the Council should be accountable.
The council has accepted flaws in its conclusions about the building work, but it is not responsible in law for any defects. The courts have decided that in such cases liability remains with the builder and those who commissioned the work. The Council has however agreed to refund its fees and this provides a suitable remedy for Mr X.
It is therefore unlikely that further investigation would achieve significantly more for Mr X.
Final decision
We will not investigate Mr X’s complaint because it is unlikely an investigation would achieve a worthwhile outcome.
Investigator's decision on behalf of the Ombudsman