Summary: The Ombudsman will not investigate Ms Q’s complaint about the Council’s handling of building control matters regarding her loft conversion. This is because some of the events complained of are late. In addition, we are unlikely to find fault with the Council for its more recent actions. And an investigation by is unlikely to lead to a different outcome.

The complaint

1. The complainant, who I have called Ms Q, complained about the London Borough of Haringey’s Building Control Team. She said it is asking for extra works to be completed before it will issue a completion certificate for her loft conversion. Ms Q does not believe the works are necessary and she said the Council is asking for more works now than in 2017. She wants the Council to issue a completion certificate or serve her with a contravention notice so she can appeal.

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The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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 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

4. I considered the information Ms Q provided. I considered the information the Council provided. I considered Ms Q’s comments on a draft of this decision.

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What I found

Background

5. The Building Act 1984 gives councils the power, but not a duty, to serve a contravention notice on a person carrying out building works if those building works contravene Building Regulations.
6. The Government reviewed, and later revised, fire safety Building Regulations following the Grenfell Tower fire in 2017.

What happened

7. Ms Q employed builders to do a loft conversion. The works required Building Regulations approval.
8. Work started on the conversion in February 2017. Building Control officers inspected the works at various stages. The Council’s records show an officer, Officer X, discussed with the builders the need for specific fire precautions to be included.
9. Officer X carried out a final inspection in November 2017. The Council’s records show he noted four outstanding issues, including further fire precaution measures, which required completion.
10. In March 2019 Ms Q’s agent, Mr Z, asked the Council for a completion certificate. It refused to give a completion certificate until Ms Q completed the outstanding works.
11. In October 2019 Mr Z contacted the Council about the completion certificate again. Mr Z said he did not think the outstanding works were necessary. Ms Q also contacted the Council. The Council responded to Ms Q explaining what Officer X had told her builders in 2017 and why the outstanding works were necessary.
12. In January 2020 Ms Q complained to the Council about its Building Control Team’s actions in 2017. The Council offered to do another inspection of Ms Q’s property. Officer X did the inspection in February 2020.
13. The Council later responded to Ms Q’s complaint. It confirmed Officer X discussed fire precaution measures with her builders in 2017. It also confirmed fire precaution measures were required.
14. Ms Q brought her complaint to us in August 2020. She said the fire precaution measures are not necessary. However, in response to the draft of this decision she said she is now willing to do what the Council asked her to do in 2017. But she said the Council is now asking her to provide more fire precautions than in 2017. Ms Q wants the Council to issue a completion certificate or serve a contravention notice so she may appeal.

Analysis

15. We will not investigate this complaint.
16. Ms Q knew about the outstanding works in 2017 and about the Council’s refusal to issue a completion certificate in March 2019. Ms Q did not bring her complaint to us until August 2020. So a complaint about these matters is late and there do not appear to be good reasons for us to consider the complaint now.
17. However, Ms Q is also complaining that the Council is asking her to provide more fire precautions than it asked for in 2017. Building Regulations regarding fire safety have changed since the Council first inspected her home. So it is unlikely we would find fault with the Council for asking her to comply with current Building Regulations before it will issue a completion certificate.
18. Ms Q initially said she did not think the fire precautions the Council asked her to do in 2017 were necessary. And she clearly does not think the fire precautions the Council is now asking her to do are necessary. It is not our role to say what works are necessary before the Council should issue a completion certificate. That is the Council’s role. So an investigation by us is unlikely to lead to a different outcome.
19. Ms Q wants the Council to serve a contravention notice if it will not issue a completion certificate. The Council does not have a duty to serve a contravention notice. So it is up to Ms Q to decide whether she will do the outstanding works to get a completion certificate or wait to see if the Council will serve a contravention notice.

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Final decision

20. We will not investigate this complaint for the reasons given in the Analysis.

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Investigator's decision on behalf of the Ombudsman