Summary: We will not investigate this complaint about the Council giving incorrect information. There is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X complains the Council told him to contact them once he has completed work on his property. However, when he advised the work was complete, he was told he must apply for retrospective regularisation and pay a higher fee.

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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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My assessment

5. The Council says Mr X contacted its building control service for advice about installing new doors and windows. Officers sent him an application form to complete and return. Mr X did not return the form. The Council also says Mr X did not provide the property address when he contacted them, therefore, it did not know the property is a residential care home which is classed as a commercial property under building regulations.
6. Mr X contacted the Council to advise work was almost complete and that twenty windows and doors were being installed. The Council sent him a Building Notice application form which he completed and returned.
7. When the Council received the application form, it discovered the property is a residential care home. It sent Mr X a new application form to regularise the completed work. It also confirmed the care home is a commercial property under building regulations, therefore the fee for the application is higher than that for a domestic property.
8. Mr X complained to the Council that he was told to contact them when the work was complete. He also argued the property is domestic.
9. The Council explained it was not aware the property was a commercial care home until after Mr X had returned the Building Notice application form. Also, he had submitted the form after the work was complete and not before which is a legal requirement. The cost of a regularisation application is higher.
10. I understand Mr X says the Council told him over the phone to contact them when the work was complete and request a completion certificate. But we have seen no evidence to support this. The Council says Mr X did not advise the property was a care home. And he did not complete the Building Notice application form it sent him. The Council has explained the building is commercial for building regulations purposes, the work must be regularised and there is a fee to be paid.

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Final decision

11. We will not investigate Mr X’s complaint because there is not enough evidence of fault in the Council’s actions to warrant our involvement.

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Investigator's decision on behalf of the Ombudsman