PART I. Section 26. 26. The following rules shall be observed as to projections :(d) 1. Every coping, cornice, facia, window dressing, portico, balcony, verandah, balustrade, and architectural projection or decora tion whatsoever, and also the eaves or cornices to any over- Rules as to hanging roof, except the cornices or dressings to the window projections. fronts or shops, and except the eaves and cornices to detached and semi-detached dwelling-houses distant at least fifteen feet from any other building, and from the ground of any adjoining owner, shall, unless the metropolitan board otherwise permit, (e) be of brick, tile, stone, artificial stone, slate, cement, or other fire-proof material: 2. In streets or alleys of a less width than thirty feet, any shop front may project beyond the external wall of the building to which it belongs for five inches and no more, and any cornice of any such shop front may project thirteen inches and no more; and in any street or alley of a width greater than thirty feet any shop front may project ten inches and no more, and the cornice may project for eighteen inches from the external walls, but no more : 3. No part of the woodwork of any shop front shall be fixed nearer than four and a half inches from the line of junction of any adjoining premises, unless a pier or corbel of stone, brick, or other fire-proof material, four and a half inches wide at the least, is built or fixed next to such adjoining premises as high as such woodwork is fixed, and projects an inch at the least in front of the face thereof: 4. The roof, flat, or gutter of every building, and every balcony, verandah, shop front, or other projection, must be so arranged and constructed, and so supplied with gutters and pipes, as to prevent the water therefrom from dropping upon or running over any public way: 5. Except in so far as is permitted by this section in the case of shop fronts, and with the exception of water pipes and their appurtenances, copings, cornices, facias, window dressings, and other like architectural decorations, no projection from any building shall extend beyond the general line of fronts in any street,() except with the permission of the Metropolitan Board of Works hereinafter mentioned.(g) (d) Compare as to buildings erected beyond the regular line, section 143 of Metropolis Local Management Act (now repealed), and the substituted enactment, section 75 of 25 & 26 Vict. c. 102, ante. See as to projections under the first-mentioned Act, sections 119, 120, and section 74 of 25 & 26 Vict. c. 102. And see 57 Geo. 3, c. 29, s. 72, post. See also City Sewers Act, 11 & 12 Vict. c. 163, ss. 154, 186, 188. The Building Act does not take away the power of justices to adjudicate on a complaint under 57 Geo, 3, c. 29, in case of encroachments on public highways by projections from buildings; R. v. Ingham, 17 Q. B. 884, and see R. v. Pratt, 24 L. T. 235. (e) See rules of metropolitan board, referred to in note (g), infra. (f) It is a question of fact for the magistrate whether the locality in question is or is not a street; Newman v. Baker, 8 C. B. (N.S.) 200. See R. v. Dayman, 7 E. & B. 672; 26 L. J. M. C. 128; 22 J. P. 39. See cases cited under section 143 of Metropolis Local Management Act, 1855. (g) Therefore balconies, verandahs, balustrades, and the like architectural projections require the permission of that board for their construction. See PART I. Section 27. Rules as to the separation of buildings, and limitation of their areas. Rules as to 27. The following rules shall be observed as to the separation of buildings, and limitation of their areas : 1. Every building shall be separated by external or party walls from any adjoining building: 2. Separate sets of chambers or rooms tenanted by different persons shall, if contained in a building exceeding three thousand six hundred square feet in area, be deemed to be separate buildings, and be divided accordingly, so far as they adjoin vertically by party walls, and so far as they adjoin horizontally by party arches or fire-proof floors: 3. If any building in one occupation is divided into two or more tenements, each having a separate entrance and staircase, or a separate entrance from without, every such tenement shall be deemed to be a separate building for the purposes of this Act: 4. Every warehouse, or other building used either wholly or in part for the purposes of trade or manufacture, containing more than two hundred and sixteen thousand cubic feet, shall be divided by party walls in such manner that the contents of each division thereof shall not exceed the above-mentioned number of cubic feet :(a) 28. The following rules shall be observed as to uniting builduniting buildings :(b)— ings. 1. No buildings shall be united unless they are wholly in the same occupation: 2. No buildings shall be united, if when so united they will, considered as one building only, be in contravention of any of the provisions of this Act: 3. No opening shall be made in any party wall dividing buildings, which, if taken together, would contain more than two hundred and sixteen thousand cubic feet, except under the following conditions: Such opening shall not exceed in width seven feet or in height eight feet: rules of metropolitan board relative to applications under this enactment, and 75th section of Metropolis Management Amendment Act, 1862. See also R. v. Justices of Llanfillo, 15 L. T. (N.S.) 277. (a) See the amending Act, 23 & 24 Vict. c. 52, post, providing that these rules shall not apply to buildings to be used for the manufacture of machinery and boilers of steam vessels, subject to certain conditions in the proviso. (b) Where two houses, Nos. 66 and 67, in A. had been united by means of an opening in the party wall between them, and B. being the occupier of these two houses, and of No. 6 in L. lane, made two openings in the wall dividing No. 6 and No. 67; held that these openings must be made in accordance with the requirements of this section. Held further, that the surveyor was admissible as a witness to prove that the wall between 67 and the next house on the other side was a party wall within the meaning of the Act Ashby v. Woodthorpe, 33 L. J. M. C. 68; 27 J. P. 792. Where a brewer in the metropolis took down the external wall of an old building, and added a new building which contained less than 216,000 cubic feet, but made no party wall between them, it was held that sections 27, 28, did not apply to the addition of one building to another, but only to existing buildings, and that no party wall was necessary. Scott v. Legg, 10 Q. B. D. 236 ; 46 L. J. M. C. 267; 36 L. T. (N.S.) 456; 25 W. R. 594; 41 J. P. 773. PART 1. Such opening shall have the floor, jambs, and head formed ness of the wall, fitted to rebated frames, without wood- 4. Whenever any buildings which have been united cease to be in 29. Every building used or intended to be used as a dwelling. As to open house, unless all the rooms can be lighted and ventilated from a spaces near street or alley adjoining, shall have in the rear or on the side thereof dwellingan open space exclusively belonging thereto of the extent at least of houses. one hundred square feet. 30. Notwithstanding anything herein contained, every public Construction building,(c) including the walls, roofs, floors, galleries, and stair- of public cases, shall be constructed in such manner as may be approved by the buildings. district surveyor, or, in the event of disagreement, may be determined by the metropolitan board; and, save in so far as respects the rules of construction, every public building shall throughout this Act be deemed to be included in the term building, and be subject to all the provisions of this Act, in the same manner as if it were a building erected for a purpose other than a public purpose. DISTRICT SURVEYORS. 31. With the exemption herein before mentioned, (d) every building, and every work done to, in, or upon any building, shall be subject to the supervision of the district surveyor appointed to the district in which the building is situate. 32. The following things may be done by the Metropolitan Board of Works, established by the said Act for the better local management of the metropolis, by order, at their discretion; that is to say, 1. They may alter the limits of any district, or unite any two or (c) The rules in the Act do not apply to a public building such as a church, but such buildings must be constructed in such a manner as may be approved by the district surveyor, or, in the event of disagreement, be determined by the metropolitan board; R. v. Carruthers, 33 L. J. M. C. 107; 28 J. P. 150. The 41 & 42 Vict. c. 32, s. 11, post, empowers the metropolitan board to require the owners of houses or other places of public resort, &c., in structures where special danger from fire may result to the public, to make alterations therein, under a penalty of 50l. As to liability of incumbent of a church, see R. v. Lee, cited in note to section 73, infra. (d) See exemptions, section 6, ante. By section 9, every work done for any purpose, except that of necessary repair, not affecting the construction of any external or party wall in, to, or upon, any old building, or in, to, or upon any new building after the roof has been covered in, is made subject to the regulations of this Act. The exemptions, properly so called, are contained in the 6th section. The 9th section describes what shall be excepted from the operation of the Act; see the case of Badger v. Dean, note to section 9, ante. Buildings to be supervised by district surveyors. PART I. Section 32. Power to Works estab- 18 & 19 Vict. c. 120. Examination District surveyor to have and maintain an office. District surveyor may appoint deputy, with consent. more districts together, and in any such case place such altered district under the supervision of any existing or of any future district surveyor, with power from time to time to alter any district so made, and do all such matters and things as are necessary for carrying into effect the power hereby given: 2. They may dismiss any existing district surveyor, with the consent of one of Her Majesty's principal secretaries of state; they may suspend any such surveyor as last aforesaid; they may dismiss or suspend any future district surveyor; and in case of any suspension or during any vacancy they may appoint a temporary substitute : to any 3. Whenever any vacancy occurs in the office of any existing or future district surveyor they may appoint another qualified person in his place : 4. They may pay such amount of compensation as they think fit district surveyor who may be deprived of his office, in pursuance of the power hereby given of altering the limits of districts: But, subject to the provisions herein contained, the several places which at the time when this Act comes into operation are constituted districts under an Act passed in the eighth year of the reign of Her present Majesty, chapter eighty-four, and intituled "An Act for regulating the construction and use of buildings in the metropolis and its neighbourhood," for the purposes of that Act, shall continue to be districts for the purposes of this Act, and the several persons who at the time when this Act comes into operation are district surveyors under the provisions of the said Act shall continue to be district surveyors under this Act. 33. The Institute of British Architects may from time to time cause to be examined, by such persons and in such manner as they think fit, all candidates presenting themselves for the purpose of being examined as to their competency to perform the duties of district surveyor, and shall grant certificates of competency to the candidates found deserving of the same; and no person who has not already filled the office of district surveyor, or has not already obtained a certificate of competency in pursuance of the said Act of the eighth year of the reign of Her present Majesty, chapter eighty-four, shall be qualified to be appointed to that office, unless he has received a certificate of competency from the said Institute of British Architects, or has been examined in such other manner as the said metropolitan board may direct, and been found competent in such examination. 34. Every district surveyor shall have and maintain an office at his own expense, in such part of his district as may be approved by the Metropolitan Board of Works. 35. If any district surveyor is prevented by illness, infirmity, or other unavoidable circumstance from attending the duties of his any office, he may, with the consent of the Metropolitan Board of Works, appoint some other person as his deputy to perform all his duties for such time as he may be prevented from executing them. (a) See section 66 of former Building Act, 7 & 8 Vict. c. 84, as to examination and certificates of qualification of surveyors of metropolitan building. 36. If at any time it appears to the Metropolitan Board of Works that, on account of the pressure of business in any district, or any other account, the surveyor of that district cannot discharge his duties promptly and efficiently, then such board may direct any other district surveyor to assist the surveyor of such district in the performance of his duties, or appoint some other person to give such assistance, and such assistant surveyor shall be entitled to receive all fees payable in respect of the services performed by him. pur 37. If any building is executed, or any work done to, in, or upon any building, by or under the superintendence of any district surveyor acting professionally or on his own private account, it shall not be lawful for such surveyor to survey any such building for the pose of this Act, or to act as district surveyor in repect thereof or in any matter connected therewith, but it shall be his duty to give notice thereof to the said metropolitan board, who shall then appoint some other district surveyor to act in respect of such matter. NOTICES TO DISTRICT SURVEYORS. 38. Two days before the following acts or event, that is to say, Two days before any building, or any work to, in, or upon any building is commenced, and also, if the progress of any such building or work is after the commencement thereof suspended for any period exceeding three months, two days before such building or work is resumed, and also if during the progress of any such building or work the builder employed thereon is changed, then two days before any new builder enters upon the continuance of any such building or work, it shall be the duty of the builder engaged in building or rebuilding such building, or in executing such work, or in continuing such building or work, to give to the district surveyor notice in writing, stating the situation, area, and height, and intended use of the building or buildings about to be commenced, or to, in, or upon which any work is to be done, and the number of such buildings if more than one, and also the particulars of any such proposed work, and stating also his own name and address, but any works to, in, or upon the same building that are in progress at the same time may be included in one notice. 39. Every district surveyor shall, upon the receipt of any such notice as aforesaid, and also upon any work affected by the rules of this Act, but in respect of which no notice has been given, being observed by or made known to him, and also from time to time during the progress of any works affected by the rules and directions of this Act, as often as may be necessary for securing the due observance of such rules, survey any building or work hereby placed under their supervision, and cause all the rules of this Act to be duly observed. (b) See as to limitation of time for proceedings by district surveyor where due notice has not been given, section 105; as to notices to vestries and district boards before beginning to lay or dig foundations of new buildings, see 18 & 19 Vict. c. 120, s. 76, and 25 & 26 Vict. c. 102, s. 88, ante; and in case of buildings within the city of London, 11 & 12 Vict. c. 163, s. 63. See section 44, post, as to proceeding in cases of emergency. Also Metropolis Management and Buildings Act Amendment Act, 1878, as to deposit of plans, &c. PART I Section 36. Assistant surveyor may be appointed on emergency. District surveyor not to act in case of works under his professional dence. superinten Notices to be given to district surveyor by builder.(b) District surveyor to cause rules of this Act to be observed. |