The Ombudsman's final decision
Summary: We will not investigate this complaint about Mrs X’s neighbour’s encroachment onto her party wall and land. This is a private matter, and it is reasonable for her to seek a remedy in the courts if she cannot obtain a civil agreement under the Party Wall Act 1996.
The complaint
Mrs X complained about her neighbour building a new garage which incorporates the line of the existing party wall between her property and theirs. She asked the Council to take planning enforcement against her neighbour. Tt told her that the development does not require planning consent so it cannot take action over a private boundary dispute.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says her neighbour built a second garage on top of her shared party wall without giving her any notification or obtaining her consent. She has sought legal advice from her house insurers and a separate solicitor. She asked the Council as local planning authority to take enforcement action against her neighbour.
The Council told Mrs X that the garage falls within permitted development rights, and it has no authority to take action against her neighbour. The encroachment on her land is a private matter and she should seek a determination under a private Party Wall Act award or civil action against her neighbour for the boundary issue.
Mrs X says she has been threatened by her neighbour if she seeks a legal remedy against him.
We cannot determine private boundary disputes and the Council has no planning interest in the matter because planning approval is not required for the development. Mrs X should seek a legal remedy and contact the police if she is threatened with criminal actions by her neighbour.
Final decision
We will not investigate this complaint about Mrs X’s neighbour’s encroachment onto her party wall and land. This is a private matter and it is reasonable for her to seek a remedy in the courts if she cannot obtain a civil agreement under the Party Wall Act 1996.
Investigator's decision on behalf of the Ombudsman