Summary: We will not investigate this complaint about delay and the Council’s decision not to issue a building regulations completion certificate. We have not seen enough evidence of fault to justify an investigation into the decision to issue the certificate. Also, we do not consider it a good use of resources to investigate the delay in responding to the enquiries alone.

The complaint

1. Mr X complains the Council refuses to issue a completion certificate for the building he lives in. He also complains there has been significant delay in responding to his enquiries.

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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, or

• further investigation would not lead to a different outcome.

(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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My assessment

5. The building Mr X lives in has a complex history and does not have a completion certificate. It has been partly occupied since 2006.
6. In April 2024 the new management agent for the building asked the Council for the completion certificate.
7. The Council provided a list of outstanding items it requires before it can issue the certificate.
8. In July and again in October, the management agent asked the Council for information. The Council apologised for the delay in its response and confirmed it did not have the information requested and suggested they contact the owner’s committee. The agent asked the Council to visit the site. The Council advised this was not appropriate until the outstanding items were completed.
9. The agent asked the Council to comment on the information they had previously provided. After four months the Council responded.
10. It apologised for the delay; however, it confirmed its officers are not satisfied the building is compliant with building regulations.
11. The Building Regulations in force when the developer asked the Council to issue a completion certificate state:

“Notice of commencement and completion of certain stages of work
(5) Where a building is being erected, and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.”

12. The developer did not serve the written notice as required. The Council is not compelled to issue a completion certificate.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault in the Council’s decision not to issue a completion certificate. Also, there was a delay in responding to the agent’s correspondence. The Council has apologised for this and it is not a good use of resources to investigate this point only.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman