Summary: We will not investigate this complaint about how the Council dealt with a building regulations application. This is because it is unlikely we would find fault. It is also unlikely an investigation by the Ombudsman would lead to a different outcome.

The complaint

1. The complainant, whom I shall refer to as Mr X, has complained about how the Council dealt with his building regulation application. He says he has been misled by the Council and caused considerable stress as a result. Mr X says the Council should issue a completion certificate for his building works and compensate him for the issues he has encountered.

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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 further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

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How I considered this complaint

3. I have considered Mr X’s complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

4. Most building work will require building regulation approval. The regulations will set the standards for design, construction and ensure the health and safety of the people living in or around the building. The Council will normally visit the site at various stages of the build. But councils do not act as a clerk of works and the responsibility for compliance with the regulations rests with the building owners and builders. The Council’s role is to maintain the building standards for the public in general rather than protect the private interests of an individual.

What happened

5. Mr X employed builders to carry out works to his property and applied to the Council for building regulation approval. Officers from the Council visited the property and inspected the works. However, it has not issued a completion certificate as it says further information is needed before building regulation approval can be confirmed.
6. Mr X is unhappy with how the Council has dealt with his application. He says he has complied with all the Council’s requests and followed instructions from officers.

Assessment

7. I will not investigate this complaint. This is because it is unlikely I would find fault by the Council. It is also unlikely an investigation by the Ombudsman would lead to a different outcome.
8. Mr X says the building works comply with regulations and the Council should issue a completion certificate. He also says the Council misled him and did not make some of the requirements clear at the start of the application process.
9. However, it is for the Council to decide what works are needed for it to be able to issue a completion certificate. It has inspected the works and explained the information it needs before it can confirm compliance. Therefore, it is unlikely I could find fault in this regard. Mr X also made a building notice application, not a full plans application, and therefore while the Council will inspect and approve the works it is not responsible for checking the plans.

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Final decision

10. I will not investigate this complaint. This is because I am unlikely to find fault. It is also unlikely an investigation would lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman