Summary: We will not investigate this complaint about the Council requiring an increased fee for a Building Regulations application. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is not enough evidence of fault in the Council’s actions.

The complaint

1. In 2023 Mr X put in a Building Regulations application for work at his property. However, he did not pay the necessary fee of £282.

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The Ombudsman’s role and powers

2. 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 not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We will not investigate Mr X’s complaint. He did not pay the required fee despite the Council reminding him several times in 2023 and 2024. The Council closed the unvalidated application and recorded the work which he has now completed as unauthorised. It has confirmed Mr X should make a new application and pay the current fee which has increased to £351.60. As Mr X chose not to pay the required fee, the Council is entitled to close the original application as it was not valid. A new application is required and increased charges now apply.

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Investigator's decision on behalf of the Ombudsman