Summary: We will not investigate this complaint about Council’s handling of a building control matter. This is because the substantive issue concerns a dispute over whether Mr X’s building work complies with the Building Regulations and it would be reasonable for Mr X to take this to the Planning Inspector.

The complaint

1. Mr X complains the Council has not issued a regularisation certificate for work which he says experts and other bodies have confirmed comply with the Building Regulations. He says the Council must consider his application in accordance with the legislation, statutory instruments and guidance, factual and expert evidence and issue the regularisation certificate.
2. If it is not prepared to issue the Certificate, he wants the Council to compensate him for the loss and damage he has suffered.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure,’ which we call ‘fault.’ We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. The law says we cannot normally investigate a complaint when someone can appeal to a government minister. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(b), as amended)

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How I considered this complaint

6. I considered information provided by Mr X, including the Council’s responses to his complaint.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council has declined to issue a completion/regularisation certificate for Mr X’s building work because it considers remedial work is requirement to meet building regulations.
9. Mr X may ask the Council to relax or dispense with the particular requirement(s) it considers have not been met. If the Council refuses to do this Mr X may appeal to the Planning Inspector. I have seen nothing to suggest it would be unreasonable to expect Mr X to follow this process and I will not therefore exercise my discretion to investigate the complaint.
10. We cannot in any event decide whether the Council or Mr X is correct about the requirements of the Building Regulations or recommend it issues Mr X a regularisation certificate against its judgement.

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Final decision

11. We will not investigate Mr X’s complaint. This is because it would be reasonable for Mr X to ask to Council to relax or dispense with the requirements of the Building Regulations and appeal against any refusal to the Planning Inspector.

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Investigator's decision on behalf of the Ombudsman