Cook Brown Building Control – Complaints Procedure

Cook Brown Building Control is committed to delivering a high-quality service to our clients, however we recognise that occasionally things can go wrong.  Our complaints procedure has been developed to make it easier for you to understand the framework to report complaints and to ensure that these issues are dealt with promptly and in a fair and transparent manner. All verbal complaints are also recorded and dealt with in the same manner as written complaints.

Our aim is to constantly develop and improve our service delivery and the information gathered from this process will be reviewed to help us learn as an organisation.

It should be noted that our company role as a Registered Building Control Approver (RBCA) is to review the construction project for compliance with the Building Regulations through the delivery of building control services via our Registered Building Inspectors (RBI`s).  However, we do not constantly supervise the works of your chosen builder or contractor at every stage of the construction process.  We advise clients to employ the use of an Architect or Contract Administrator to act as an overseeing agent for their building work.

Building Regulations in England and Wales are set by the Gov`t Department for Levelling Up, Housing and Communities.  These are standards for the design and construction of buildings to ensure the safety and health of the people who use those buildings.  The standards also include requirements to ensure energy efficiency (the conservation of fuel and power) and accessibility (providing facilities for people, including those with disabilities, to gain access and move around inside buildings) and security.

Building control is not:

• A ‘clerk of works’ service monitoring every stage of the construction process on site. That is a matter for the contracts and arrangements put in place between the client and the builder.  Ultimately, compliance is the responsibility of the person carrying out the work.
• A service to address issues such as the finish and aesthetics of the final project where these are not Building Regulations standards. These are a matter for designers, builders and new home warranty providers.
• A service to offer contractual protection to a client in a contract with a builder. This is a matter for contract law.
• A 100% guarantee of compliance. It plays an important part to educate and to reduce risk, but building control does not remove the obligation of the builder and/or owner to achieve compliance with the Building Regulations.

We are required to be an impartial and independent part of the construction process and ultimately strive to ensure that any project complies with government set minimum standards for the built environment.

Definition of a Complaint

A complaint is an expression of dissatisfaction about the performance of Cook Brown Building Control Ltd relating to our delivery of services, actions (including lack of action or the complaints handling process itself) where a response or resolution is expected from Cook Brown Building Control as an organisation.

Matters that are not considered complaints:

• A Building Regulation technical assessment.
• Misunderstanding or dissatisfaction with the minimum standard set by the Building Regulations.
• A decision of an Approved Inspector where regulatory powers are being exercised.
• Unsubstantiated criticisms of the scope or context of the Registered Building Control Approver service.
• Criticisms of quality of workmanship (outside Building Regulation requirements for materials and workmanship) or building warranty items.
• Criticisms which constitute a disagreement with, or a refusal to accept, a rule of law which the Registered Building Inspector is applying.
• Criticism of decisions made by the Planning Authority.
• Neighbourly or Party Wall Act disputes.

Matters that are considered complaints:

• Failure to provide a service at the right time or to the standard expected of the service.
• Failure to fulfil statutory responsibilities.
• Failure to implement a decision.
• Failure to comply with the BSR Professional Conduct Rules for Registered Building Control Approvers. See here. 
• Failure to abide by the BSR Code of Conduct for Registered Building Inspectors. See here.
• Dissatisfaction with an answer to a query or a response to a request for a service.
• Failure to follow the RBCA`s agreed policy or procedures.
• Failure to take proper account of relevant matters in coming to a decision.
• Discourtesy or unacceptable behaviour by a member of staff.
• Harassment, bias or unfair discrimination.

Complaints Procedure

Stage 1 – Internal Review, Acknowledgement & Response

A summary of the complaint should be provided, preferably by letter or email (admin@cookbrown.co.uk).  The complaint will be acknowledged within 2 working days.

The complaint will be passed to a Manager for initial review and acknowledgement.  If the nature of the complaint involves an individual member of staff, this staff member will be interviewed to establish the full facts of the case.  Full contact details of the Manager dealing with the complaint will be provided at this time.

We will respond to you within 10 working days of receiving your complaint to inform you of the circumstances leading to the complaint and you will be invited to make written comment in response.  Where the problem is complex the initial contact may be to clarify the nature of your complaint.

Stage 2 – Internal Investigation & Response

 If the complainant is dissatisfied by the outcome of the Stage 1 process, the complaint will be passed to a Director for further review and investigation.  Full contact details of the Director dealing with the complaint will be provided at this time.

Within 15 working days of receiving your complaint we will write to you informing you of the outcome of our investigation and inform you of any corrective proposal or actions.  Any reasonable requirements for an extension of time for further investigation will be communicated and discussed with you.  Outcomes may include:

• An apology.
• An explanation of our actions.
• Remedial action.
• A review of our policies and Standard Operating Procedures.
• The delivery of the services that should have been provided.

Complaints will be recorded and reviewed to assist with developing our Standard Operating Procedures, to ensure a constant improvement in service delivery.

Stage 3 – External Referral

If customers are still dissatisfied after exhausting the Cook Brown internal complaints procedure, referral can be made to the Building Safety Regulator at the Health and Safety Executive.

You can contact the BSR online here or telephone 0300 790 6787.