The Ombudsman's final decision
Summary: We will not investigate this complaint about damage to a party wall as this is a private matter with a remedy through the courts.
The complaint
Ms X complains that her neighbour has damaged her wall in contravention of a party wall agreement.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X says that her neighbour has damaged her wall despite an agreement with her neighbour to protect her building.
The Party Wall Act provides for a private agreement to be made between neighbours to allow work to be carried out which might affect the neighbour. The Act provides a legal remedy to any contravention of that agreement.
I am satisfied that there is therefore a private legal remedy for this complaint and there are no grounds for investigation by the Ombudsman.
Final decision
We will not investigate Ms X’s complaint because there is a remedy through the courts.
Investigator's decision on behalf of the Ombudsman