Summary: Mrs X complained about the Council’s failure to issue a building regulations completion certificate for work which she had carried out to her home. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

The complaint

1. The complainant, whom I shall call Mrs X, complains that the Council has failed to issue a completion certificate for a small extension which she had built on her home. She says it has been over a year since she asked for the certificate, but the Council has refused to issue one.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we would find fault, or
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I have considered all the information which Mrs X submitted with her complaint. I have also considered the Council’s response.

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What I found

4. Mrs X had a small extension built onto her home. The work was inspected by Council building control officers and they told her the roof design did not comply with the regulations. It required her builder to amend the roof pitch in 2018 and she says this cost more than £1,800 to rectify. She says that the Council has required further work to the drainage of the extension before it will issue a certificate.
5. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. The Council is the building control authority and it must be satisfied that works comply with the regulations before it can issue a completion certificate. Where it has identified non-compliant issues, it is for the applicant and their builder to ensure the work is completed satisfactorily.

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Final decision

6. The Ombudsman should not investigate this complaint. This is because there is insufficient evidence of fault which would warrant an investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman