Summary: We will not investigate this complaint about the Council’s response to a complaint about damage to the complainant’s property after a neighbour installed a waste system in or next to a party wall. The Party Wall etc. Act 1996 applies and we cannot decide on liability for property damage, which is a matter for the civil courts.

The complaint

1. Mr X complains that the Council failed to take suitable action in relation to a neighbour’s waste system installation which damaged his property.

Back to top

The Ombudsman’s role and powers

2. We provide a free service but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended.)
3. We cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. 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.)
5. Works to or near a party wall are a civil law matter under the Party Wall etc Act 1996. Any dispute is a matter for a court of law to decide.

Back to top

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. Mr X says a neighbour’s installation of a plumbing system in a party wall has caused structural damage to his property and resulted in excessive noise.
9. The Council carried out its own investigation and found the works and any resulting damage are a civil law matter between the adjoining property owners. There is no evidence of fault in the way it reached this decision because the Party Wall etc Act 1996 governs the matter. If Mr X considers the Council or anyone else should be liable to him for damage it would be reasonable for him to take the matters to court.
10. The Council also decided noise Mr X experiences does not amount to a statutory nuisance. We have no power to question its decision as there is not enough evidence of fault in the way it reached it.

Back to top

Final decision

11. We will not investigate Mr X’s complaint because we cannot decide liability for property damage and the dispute between him and his neighbour is a civil law matter to be decided in court.

Back to top

Investigator's decision on behalf of the Ombudsman