Short answer: no—not when they’re acting under the Party Wall etc. Act 1996. A party wall surveyor’s legal powers (their jurisdiction) are tightly defined by the Act.
Those powers let surveyors regulate how notifiable works are carried out near shared walls and close-by excavations, allocate costs, set protections, and resolve damage issues that stem from those works. They do not extend to deciding where a legal boundary lies.
Why boundary lines sit outside the Act
The Party Wall etc. Act 1996 is a procedural code. It exists to:
- ensure neighbours are notified of certain works (sections 1, 2 and 6),
- provide a dispute-resolution mechanism if there’s no consent (section 10), and
- keep construction orderly and fair while minimising unnecessary inconvenience.
Within that framework, surveyors can make a Party Wall Award that determines the time and manner of the works and other matters incidental to those works. A boundary dispute—i.e., where the legal boundary lies—is not incidental to notifiable works; it’s a separate legal question. As a result:
- A party wall award cannot declare or move a boundary.
- If the line of junction is genuinely contested, that’s a boundary dispute, and it must be addressed via the appropriate routes (agreement between owners, expert determination, mediation, or ultimately the courts)—not via a party wall award.
Common scenarios that cause confusion
- Building “on the boundary” vs “near the boundary”. The Act allows notices for new walls on/astride the line of junction, but if owners disagree where that line is, party wall surveyors cannot decide it under the Act. Owners will need to resolve this outside of the Act.
- Projecting footings and “special foundations”. Surveyors can regulate if/when projecting footings are permissible under the Act (and whether special foundations need written consent). None of that confirms the legal boundary; it simply governs construction rights assuming the boundary is where both parties say it is—or where it’s otherwise been agreed or determined.
- Historic walls thought to be “on the line”. Even if a wall looks like a boundary wall, appearances don’t prove title. The Act doesn’t convert long-standing use into a boundary decision.
So who does determine boundaries?
Boundaries are ultimately a title and evidence question. Typical routes include:
- Specialist boundary survey/brief (outside the Party Wall Act appointment): measured survey, deed and conveyance review, Land Registry title plans (with mapping tolerances understood), historic documents, aerials, and on-site features.
- ADR: negotiation, mediation, or expert determination.
- Court: if all else fails, a judge can determine the boundary based on the evidence.
Can a party wall surveyor still help?
Often, yes—just not under their Party Wall Act appointment. Many party wall surveyors (including us) also undertake boundary surveys on a separate instruction. That allows us to:
- give informal steer on obvious mapping or deed points early, helping you decide whether to pause or proceed;
- provide a formal boundary report (outside the Act) if needed; and
- coordinate a pragmatic neighbour agreement that lets your build progress without litigation.
Crucially, this is a separate service from the role of “appointed surveyor” under section 10. The capacities must not be blurred: when acting under the Act, we stay strictly within its limits.
Practical tips if boundary doubt arises
- Press pause on “astride boundary” designs. If uncertainty exists, consider shifting to a wall wholly on your land while the boundary is clarified.
- Gather the paperwork. Title registers and deeds for both plots, historic conveyances, any old surveys, planning drawings, and photos.
- Consider quick ADR. A short, focused expert meeting can head off months of delay.
- Keep the Act process tidy. You can still serve valid notices for notifiable works that don’t rely on an unresolved boundary; your surveyor can regulate the manner of those works while the boundary point is resolved separately.
Our clear, low-cost Party Wall fees
- Party Wall Notice service: £25 per adjoining ownership (multi-notice bundles discounted)
- Act administration as Agreed Surveyor (single surveyor): typically £300 fixed-fee (depends on complexity and number of notices/owners)
- Two-surveyor route (we act for the Building Owner): fixed-fee proposals from £325
(we work to keep your neighbour’s surveyor’s hourly fees reasonable and contained)
Need boundary input? We can provide a separate fixed-fee boundary review (title, mapping and site appraisal) so you don’t get stuck in limbo.
Talk to Simple Survey—before small issues become big delays
Email team@simplesurvey.co.uk. We’ll reply with a no-nonsense action plan, confirm whether the Party Wall route can proceed as-is, and—if a boundary question needs tackling—set out a separate fixed-fee pathway to resolve it quickly and proportionately.
Simple Survey—firm on the law, fair on costs, and focused on getting you building.