London Borough of Ealing (24 007 517)
Category : Planning > Building control
Decision : Closed after initial enquiries
Decision date : 26 Feb 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s delay in issuing a completion certificate for a loft conversion. There is not enough evidence of fault in the Council’s actions. And we cannot achieve the outcome the complainant is seeking.
The complaint
- Mr X complains the Council is deliberately delaying in issuing a completion certificate for a loft conversion.
- He wants the Council to issue the certificate.
The Ombudsman’s role and powers
- 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
- we cannot achieve the outcome someone wants.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- 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.
- Mr X used the Council’s building control service for building work carried out to his property. Mr X complains about how the Council has dealt with his application and its refusal to issue a completion certificate for the work.
- However, it is for the Council to decide if it has enough information to sign off the building work. It is also entitled to decide that the information it has already received is not sufficient to issue a completion certificate. I am satisfied the Council has explained what information it still needs, that it contacted Mr X in response to clarify the issues that remain outstanding.
Final decision
- We will not investigate Mr X’s complaint because we have not seen enough evidence of fault in the Council’s actions. And we cannot require the Council to issue a completion certificate.
Investigator's decision on behalf of the Ombudsman