Thanks, but I've read s35 and it doesn't say so in so many terms, I would assume s35 was written on the assumption that a completion certificate hadn't already been served?
These things are often down to opinion; in your opinion, the brickwork works, in the inspector's it doesn't.
Why not do some research and try and prove the inspector wrong?
Doubtful they'll enforce, because they would have to be sure it is structurally unsound. Probably the worst that will happen is that they won't give you the bit of paper.
So as a final word on this, without any opinions on side issues such as why it wasn't done to plan etc, does anyone actually know whether the Council can take action against me bearing in mind that they issued a completion certificate, albeit in error?
Woody recons yes under s35, does everyone agree with that?
Yes, technically they can take you to court over infringement of the Building Regulations, and it's a million-pound fine and/or life imprisonment on conviction - I think.
In practice, I very much doubt they will. If they did, they would have to be as near as dammit certain that it was structurally unsound, and their engineer (or some consultant they hire) would have to be able to prove that in court.
Likewise, you could get some clever engineer to prove that it was OK. So that could put the council in a difficult - and potentially expensive - position.
I think they'll just refuse to issue the cetificate and hope that when you sell up, the delay caused by the lack of that bit of paper will teach you a lesson
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