Summary: Mr X complains that the Council will not take Building Regulations Enforcement against the developer who built his property. We will not investigate this complaint because the matter is out of time.

The complaint

1. Mr X complains that the Council will not take Building Regulations Enforcement against the developer who built his property.

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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)

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How I considered this complaint

3. I have considered the comments of the complainant and the Council and the complainant has commented on the draft decision.

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What I found

4. Mr X complained to the Council in May 2012 that there was inadequate ventilation in the property he bought. He also complained to the Financial Ombudsman who reached a decision about the matter in 2014.
5. The Council says that it is too late now to take any enforcement action.
6. I consider that Mr X could reasonably have complained to this office within 12 months of his original complaint in 2012. The complaint is therefore out of jurisdiction.

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Final decision

7. I do not intend to investigate this complaint because the matter is out of time.

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Investigator's decision on behalf of the Ombudsman