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THE
LONDON BUILDING ACT, 1891
THE 0
LONDON BUILDING ACT, 1894
A TEXT-BOOK
FOR THE USE OF
AB0EITECT8, SUBVEYOBS, BUILDEBS, ETC.
CONTAINING THE ACT FEINTED IN EXTENSO
TOGETHER WITH A FULL ABSTRACT, GIVING ALL THE SECTIONS
OF THE ACT WHICH RELATE TO BUILDINGS, SET OUT
IN TABULAR FORM FOR EASY REFERENCE
AND
AN INTRODUCTION SHOWING THE LEADING ALTERATIONS MADE BY THE ACT
ALSO
77ie Unrepealed Sections, relating to Building, of all other Acts, and the
Byelaws and Regulations of the London County Council
etc. etc.
ILLUSTRATED WITH NINETEEN PLATES
SHOWING THE THICKNESS OF WALLS, PLANS OF CHIMNEYS, SHOP FRONTS.
OPENINGS AND RECESSES PERMITTED IN PARTY AND EXTERNAL WALLS;
HOW MUCH PARTY WALL MUST BE ON RESPECTIVE OWNERS'
LAND WHERE OWNERS ARE BUILDING DIFFERENT CLASS OF
BUILDING; THE WALLING NECESSARY IN CERTAIN
CASES OF LIGHTS IN ROOFS, ETC.
BANISTER FLETCHER
Professor of Architecture and Building Construction, King's College, London;
Fellow of the Royal Institute of British Architects ; Fellow of King's College, London ;
District Surveyor of West Xewington and Part of Lambeth ;
One of the Surveyors to the Board of Trade.
{Author of ' Model Bouses,' 'Dilapidations,' ' Compensations,' 'Arbitrations,'
' Light and Air,' ' The Metropolitan Building Acts,' etc.)
LONDON ^^
B. T. BATSFOED, HIGH HOLBORN, W.C
1895
PEEFACE,
" The London Building Act," wliicli comes into force ou the 1st January 1895, supersedes the Metropolitan Build- ■ng Acts, and renders obsolete my book on the subject. My Publisher has therefore desired me to prepare this book on the new Act.
I have tried to make it the text-book on the subject, by following the same methods that I have pursued m all my former works.
I specially commend to my reader's notice :
First, the Abstract of that portion of the Act which relates to Building, which will enable those designing buildings, builders, and all those in difficulty, to see at once what they must do to comply with the Act. If wishing to read the exact words at length in the Act itself, they will see that the Sections and Sub-sections are given which will enable them to do so.
Second, the coloured Plates Nos. 1 to 12, showing the thicknesses of all the walls, and enabling the reader at a glance to see the thickness of the wall required for any building under this Act.
Note.. — This is even more necessary than before, because in this Act the thicknesses are not set out in any Schedule.
TJiird, the coloured Plates Nos. 13 to 19, which explain
h
vi FEE FACE.
Eecesses, Chimneys and Fliies in Party and External Walls, Chimneys and Hearths. The method of continuing Party Wall when Lantern Light occurs in roof. Section and plan of room in roof, showing the smallest height the Act permits. Diagram to illustrate the novel feature in the Act as to providing space at the rear of domestic buildings, and a section to illustrate Shop Front and Cornice projections.
Fourth, the existing Byelaws. These have not been repealed (see Section 216 of this Act).
Fifth, all portions of the existing Acts, so far as they relate to building, which are unrepealed by this Act and which are therefore still in force, are given in extenso.
Sixth, the Introduction, setting out briefly the differ- ences between the expiring Act and this Act.
Lastly, the Table of Contents and the Index, which are, I think, complete, and will readily enable the reader to turn to what he requires.
BANISTER FLETCHEE.
29 New Bridge Street, Ludgate Circus, E.G. 1st December 1894.
CONTENTS.
ABSTRACT
of that portion of the London Building Act, 1894, relating to Building.
TABLE PAGB
1. Recesses and openings 3
2. Timbers in external and party walls and bressummers ., 3, 4
3. External walls 4, 5
4. Party walls 5,6
5. Eoofs 6
6. Chimneys and flues 7-9
7. Furnace chimney shafts 9
8. Close fires and pipes 9, 10
9. Accesses and stairs 10,11
10. Habitable rooms 11,12
11. Party arches over public ways 12
12. Arches under public ways 13
13. Projections 13-15
14. Separation of buildings and cubical extent .. .. 15,16
15. Eules as to uniting buildings 16,17
16. Additions and alterations 17
17. Conversion of buildings 17
18. Public buildings 18
19. Exempted buildings, land and hoardings 18-20
20. Fire-resisting materials 20
21. Dwelling houses on low-lying laud 21
22. Open spaces about buildings 21-26
23. Heights of Buildings 27,28
h 2
viii CONTENTS.
THE LONDON BUILDING ACT, 1894.
Pkeamble.
Part I. — Inteoductort.
SEC.
Short title 1
Division of Act into Parts 2
Commencement of Act 3
Extent of Act 4
Definitions 5
Part IT. — Formation and "Widening of Streets.
As to making streets 6
Sanction to formation of new streets 7
Evidence of commencement of street 8
Grounds for refusal to sanction plans of streets 9
Adaptation of wa3'S for streets 10
Grounds for refusing to sanction adaptation of ways for streets 11
Greater width of street may be required in certain cases .. 12
Position of new buildings with reference to streets .. .. 13
Notice to comply with preceding section 14
As to compensation in certain cases 15
As to erection of buildings at less than prescribed distance
from centre of ways not being highways 10
Sanction to construction of new buildings at less than pre- scribed distance 17
Regulations to be printed and supplied 18
Appeal 19
As to private roads laid out by a railway company .. .. 20
Exempting certain School Board buildings 21
Part III. — Lines of Building Frontage,
Mode of proceeding with regard to buildings beyond line of
street 22
Buildings projecting beyond general line when taken down to
be set back 23
Notices of definition of general line 24
Appeal against certificate of architect as to general line .. 25 Conditions may be attaclied to consent to building in front of
general line 26
CONTENTS. ix
EEC.
Consent not to affect rest of general line 27
Effect of conditions 28
Defining in what street or way a building or structure is
situate 29
Part of Act not to apply in City 30
Certain powers of railway companies not affected by this Part
ofAct 31
Part IV. — Naming and Numbering of Streets.
Notice of new name of street 32
Affixing names of streets by Local Authority 33
Altering names of streets 34
Notice of altering names of streets 35
Numbering houses 36
Power to Council to name and number streets in default of
Local Authority complying with order 37
Register to be kept of alterations in names of streets .. .. 38
Part V. — Open Spaces about Buildings, and Height OF Buildings.
Meaning of " domestic building" in this Part of Act .. .. 39
Light and ventilation of habitable basements 40
Space at rear of domestic buildings —
Domestic buildings abutting on new streets 41
Domestic buildings abutting on old streets 41
Open space to be provided about certain buildings not on the
public way 42
Saving for certain domestic buildings on old sites 43
Laying out of new streets on cleared area 44
Courts within a building 45
Superintending architect may define front or rear of buildings 46
Height of buildings limited 47
Procedure where greater height allowed 48
Heights of buildings in certain cases 49
Piaising of buildings so as to comply with provisions of Act as
to habitable rooms 50
As to re-erection of certain working-class dwellings of Local
Authority 51
Saving for certain domestic buildings with stables in the rear 52
X CONTENTS.
Paet VI. — Construction of Buildings.
SEC.
Structure and thickness of walls 53
Rules as to recesses and openings 54
Rules as to timbers in external walls 55
Rules as to bressummers 56
Heights and thicknesses of parapets to external works .. .. 57
Cases in which a wall to be deemed a party wall 58
Heights of party walls above roofs .. •• 59
Rules as to chases in party walls 60
Rules as to construction of roofs 61
Storeys in roofs ,. .. 62
Means of escape at top of high buildings 63
Rules as to chimneys and flues 64
Furnace chimney shafts 65
Rules as to close fires and pipes for conveying vapour, Szc. .. 66
Floors above furnaces and ovens 67
Rules as to recesses and stairs in certain buildings .. .. 68
Ventilation of staircases 69
Rules as to habitable rooms 70
Rules as to party arches over public ways 71
Rules as to arches under public ways 72
Rules as to projections 73
Separation of buildings 74
Cubical extent of buildings 75
Consent to larger dimetsions 76
Rules as to uniting buildings 77
Construction of public buildings 78
Conversion of houses, &c. in public buildings 79
Staircases in churches and chapels 80
Application of Act to buildings imder railway arches .. .. 81
Part VII. — Special and Temporary Buildings and Wooden Structures.
Application to Council for buildings to which rules of Act are
inapplicable 82
Control by Council of certain temporary buildings 83
Wooden structures not to be erected without license of Council 84
Piles of loose timber not regarded as structures 85
As to structures of railway companies 86
CONTENTS. xi
Part VIIL — Eights of Buildixg and Adjoining Owners.
SEC.
Rights of ovraers of adjoining lands respecting erection of walls
on line of junction 87
Eights of building owners 88
Eights of adjoining owners 89
Eules as to exercise of rights by building and adjoining owners 90 Settlement of difference between building and adjoining
owners 91
Power for building owner to enter premises 92
Building owner to underpin adjoining owner's building .. 93
Security to be given by building owner and adjoining owner 94
Rules as to expenses in respect to party structures . . . . 95
Account of expenses to be delivered to adjoining owner .. 96
Adjoining owner may object to account 97
Building owner may recover if no appeal made 98
Structure to belong to building owner until contribution paid 99
Adjoining owner liable to expenses incurred on his requisition 100
Saving for lights in party walls, &c 101
Pakt IX. — Dangerous and Neglected Structures.
Dangerous Structures.
Meaning of structure 102
Survey to be made of dangerous structures 103
Effect of this Part of Act within the City 104
Surveyor to give certificate 105
Notice to be given to owner in respect of certificate . . . . 106
Proceedings to enforce compliance with notice 107
Court may make order notwithstanding arbitration .. .. 108
Expenses 109
Provisions respecting sale of dangerous structures 110
If proceeds insufficient, land not to be built on till balance
paid ni
Recovery of expenses 112
Fees to surveyor 113
Power to remove inmates from dangerous structure .. .. 114
Neglected Structures.
Removal of dilapidated and neglected buildings 115
xii CONTENTS.
Supplemental as to Dangerous and Neglected Structures.
SEC.
Provision for enforcing repayment of expenses incurred by
Council 116
Fees on dangerous or neglected structures to Council .. .. 117
Part X. — Dangerous and Noxious Businesses.
Eegulations for building near dangerous business 118
Regulations for building near noxious business 119
Provisions as to certain old noxious businesses (Metropolitan
Building Act, 1844, Sees. 54 to 58) 120
Saving for gas-works and distilleries 121
Part XL — Dwelling-Houses on Low-Lying Land.
Dwelling houses on low-lying land 122
Power to make regulations .. 123
Publication and copies of regulations 124
Part XIL — Sky Signs.
Sky signs 125
District Surveyor to act for purposes of this Act 126
Prohibition of future sky signs 127
Piegulations of existing sky signs 128
Renewal of license 129
Alteration of sky signs to meet surveyor's requirements .. 130
Notice of refusal of certificate to be sent to the Council .. 131
Appeal against refusal of certificate 132
Forfeiture of license 133
Removal of sky signs ■ 134
Application of this Part of Act within the City 135
Part XIIL — Superintending Architect and District Surveyors.
Power for Council to appoint Superintending Architect .. 136
Power of Superintending Architect to appoint deputy .. ,. 137
Buildings to be supervised by District Surveyors ]38
Powers of Council as to surveyors and districts 139
Examination of candidates for office of surveyor 140
Surveyor to have an office 141
CONTENTS. xiii
SEC.
Power of surveyor to appoint deputy 142
Power to appoint assistant surveyor 1-43
Surveyor not to act in case of works under his professional
superintendence 144
Notices to be given to surveyor by builder 145
Surveyor to enforce execution of Act 146
Kotice to be evidence of intended works 147
Power of entry to inspect buildings 148
In case of emergency, works to be commenced without notice 149 As to service of notice of objection on builder or building
owner 150
Notice by surveyor in case of irregularity 151
Notice of irregularity after completion of building ,. .. 152
Summary proceedings on non-compliance with notice .. .. 153
Payments to surveyors for ordinary and special services .. 154 Council to pay District Surveyor in relation to formation of
streets, &c 155
Fees in relation to evidence before tribunal 156
Periods when surveyors entitled to fees 157
Power of Council to pay salaries to surveyors 158
Council may proceed on behalf of District Surveyor .. .. 159
Returns ly District Surveyors.
Monthly returns by District Surveyor to Council 160
Eeturn to be a certificate that works are in accordance with
Act 161
Audit of accounts of fees charged by District Surveyor .. 162 District Surveyor to notify certain irregularities to the
Council , 163
Part XIV. — Byelaws.
Power to Council to make by elaws 164
Saving for the City of London 165
Part XV. — Legal Proceedings.
Summary proceedings for offences, &c., and recovery of
penalties 166
Proceedings by surveyor 167
Powers of and appeal from County Court 168
xiv CONTENTS.
SEC.
Application of penalties 169
Council may demolish buildings and sell materials, and re- cover expenses 170
Procedure by local authorities in case of buildings in advance
of general line 171
Payment of surplus of proceeds into court 172
Payment of expenses by owners 173
As to periods for giving consents, &c. expiring in vacations ,. 174
Tribunal of Appeal.
Constitution and powers of tribunal of appeal 175
Duration of oftice 176
Removal of members 177
Vacancies to be supplied 178
Remuneration of members of tribunal 179
Officers, &c. of tribunal 180
Powers for Council to support decisions of officers before
tribunal 181
Tribunal may state case for opinion of High Court ., .. 182
Procedure of tribunal 183
Regulations as to procedure and fees 184
Enforcement of decision of tribunal 185
Fees, &c. to be paid to Council — expenses 186
Notices.
Notices to be in writing 187
Service of notices 188
Part XVI. — Miscellaneous.
Expenses, how borne 189
Power for Council to annex conditions 190
As to buildings of historical interest 191
Power of entry to owner, &c. to execute work 192
Limitation of time for proceedings where notice not given .. 193
Plans and documents to be property of Council 194
Mode of giving approval of Council to plans 195
Consent, how given on behalf of owners not to be found .. 196
Storing of wood and timber 197
Removal of roof not to affect proceedings 198
Preventing obstructions in streets 199
CONTENTS. XV Offences against Act.
SEC.
OfiFences against Act 200
Application of Act.
Buildings exempt from Parts of Act 201
Exemption of Government buildings 202
As to buildings for the supply of electricity 203
Exempting lands, buildings and property of Inns of Court .. 204
Saving existing rights of gas companies 205
Duration of exemption 206
Buildings not to be altered so as not to conform to Act .. ,. 207
When remainder of party wall, &c. to be taken down . . . . 208
Additions to, and alterations of buildings 209
Application of Act to buildings erected before commence- ment of Act 210
Rules as to conversion of buildings 211
Buildings in progress 212
Saving powers of local authorities 213
Repeal.
Repeal of Section 50 of " Metropolitan Railway Act, 1866 " . . 214
Repeal of enactments in Schedule 215
Securities, byelaws, &c. under repealed Acts to remain in
force 216
Saving for existing officers 217
References in Acts or documents to repealed Acts to be read
as referring to this Act 218
Schedules. 1st Schedule — Preliminary to Parts 1 and 2.
FAGE3
Part 1. Buildings not public, and not of the warehouse
class 153-156
Part 2. Buildings of the warehouse class 157-160
2nd Schedule.
Character of materials 160, 161
xvi CONTENTS.
Zrd Schedule,
PAQB
Part 1. Fees payable to District Surveyors, on new buildings, alterations, additions or other work, on chimneys and flues, on certifying plans, on wooden and temporary structures, on attending court 161-163
Part 2. Fees payable to District Surveyors on dangerous structures 163,164
Part 3. Fees payable to District Surveyors for special ser- vices 164
Part 4. Fees payable to Council on dangerous structures, dilapidated or neglected buildings or structures, regula- tions 165, 166
Ath Schedule. Acts repealed and part repealed 166,167
TEE FOLLOWING SECTIONS OF VABIOUS ACTS, WHICH BEL ATE TO BUILDING, ABE STILL IN FOBCE.
THE METEOPOLIS MANAGEMENT ACT, 1855, 18 & 19 Vict. c. 120.
SEC. PAGE
LXXI. Gullyholes, &c. to be trapped 168
LXXIII. Vestry or District Board in certain cases may
compel owners, &c. of houses to construct drains into the
common sewer. Penalty on owner, &c. for neglect .. .. 168 LXXIV. Provision for combined drainage of blocks of houses 169 LXXV. No house to be biult without drains constructed to
the satisfaction of the Vestry or District Board 170
LXXVI. Notice of buildings to be given to the Vestry or
District Board before commencing the same 170
LXXVII, Power to branch drains into sewers constructed by
Metropolitan Board, or any Vestry or District Board, under
certain regulations. Penalty 171
LXXXII. Power for Vestries and District Boards to authorise
inspection of drains, privies and cesspools 172
LXXXV. Vestry or District Board to cause drains, &c, to be
put into proper condition, &c. where necessary 172
CONTENTS. xvii
SEC. PAGE
CI. Vaults and cellars under streets not to be made without the consent of the Vestry or Board 172
CII. Vaults, &c. under streets to be repaired by owners or occupiers 173
CV. Provisions for paving new streets 173
CXIX. Owners, &c. to remove future projections, on notice from Vestry or District Board. Penalty for neglect .. .. 174
CXX. Vestry or District Board may remove existing pro- jections, and make compensation for the same 174
CXXI. Hoards to be erected during repairs. Penalty on not erecting hoards 175
CXXII. No hoard to be erected without license from Vestry or District Board 175
CXXIII. If hoard be erected, or materials be deposited in any manner otherwise than to the satisfaction of the Vestry or District Board, the same may be removed 176
Btelaws.
ecu. Power to Metropolitan Board of Works to make bye- laws. Penalty for breach of byelaws. Power to Justices
to remit penalties 177
CCni. Publication of byelaws. Evidence of byelaws .. .. 177 CCIV. Buildings not to be made over sewers without consent 178
THE METROPOLIS LOCAL MANAGEMENT ACTS AMENDMENT ACT, 1862, 25 & 26 Vict. c. 102.
LXI. PiCgulations respecting openings into sewers .. .. 179
LXIV. Where parties neglect to carry out works pursuant to order of Vestry, the Vestry may recover penalty or do the works 180
LXVI. Temporary provision for drainage of property where no proper sewer within 200 feet 181
LXVI i I. Penalty on persons placing buildings or encroach- ments on sewers 181
LXIX. Penalty on persons interfering with sewers .. .- 182
LXXXVIII. Persons omitting to give notice required by Section 76 of 18 & 19 Vict. c. 120, liable to penalty .. .. 183
XCVI. Vestry or District Board may require payment of costs or expenses Irom owner or occupier, and occupier
xviii CONTENTS.
SEC. PAQB
payiuf^ to deduct from rent. Agreements between landlord
and tenant not to be affected 183
XCVII. Deduction by owner payinf^ rent where amount of expenses deducted from rent paid to him 184
THE METROPOLIS MANAGEMENT AND BUILDING ACTS AMENDMENT ACT, 1878, 41 & 42 Vict. c. 32.
I., IL, m. Preliminary 187
V. Metropolis Management Acts and this part of Act to be
construed as one Act 187
XI. Power to Board in certain cases to require proprietors of theatres and certain music halls in use at the time of the passing of this Act to remedy structural defects .. .. 187
XII. Power to Board to make regulations with respect to new theatres and certain new music halls for protection from
fire 189
XIII. Provisional license for new premises 190
XXI. Power for architect and jiersons authorised by Board and District Surveyor to enter and inspect theatres, music halls, buildings and works 190
XXII. Power to owners, &:c. to enter houses, &c. to comjily with notices or order : , 191
XXIII. Recovery of penalties 191
XXIV. Exceptions from Metropolis Management Act extended
to this Act 191
XXVI. Act not to apply to the Inner and Middle Temple, &c. 192
XXVII. Saving rights of the Crown and the Duchy of Lan- caster 192
THE LONDON COUNCIL (GENERAL POWERS ACT), 1890.
XXXII. Notice to be given to Vestry or District Board, of building or demolishing any house, building or wall .. .. 193
THE METROPOLIS MANAGEMENT AMENDMENT ACT, 1890, 53 & 54 Vict. c. G6.
I., n. Preliminary 195
III. Power to Vestry or District Board to repair a voul or way, not being a street 195
CONTENTS. xi^
SBC. PAOB
IV. Penalty for making sewers contrary to plans approved .. 196
V. Penalty in case of connections with local sewers .. .. 197
VI. Subsoil under a street, road, passage or way not to be removed without the consent of the Vestry or District Board or Council .. 198
VII. Surveyor or other officer to see that conditions are ob- served 200
VIII. Limited application of Act to City of London .. .. 200
IX. Penalties and expenses ., 200
X. Expenses of Act 200
THE PUBLIC HEALTH (LONDON) ACT, 1891, 54 & 55 Vict. c. 76.
XCVI. Provisions as to the occupation of underground rooms
as dwellings 201
XCVII. Enforcement of provisions as to undergrouud rooms 203 XCVIII. Provisions in case of two convictions for unlawfully occupying underground room 204
THE FACTORY AND WORKSHOP ACT, 1891, 54 & 55 Vict. c. 75.
VII. Provision against fire 205
LONDON COUNTY COUNCIL. BYELAWS AND REGULATIONS IN FORCE.
Btklaws made trNDEB Section XVI. of the Metropolis Management and Building Acts Amendment Act, 1878.
PAGE
Repeal of previous byelaws 207
Foundations and sites of buildings 207
Description and quality of the substances of walls . . 208, 209
Duties of District Surveyors 209
Fees to be paid to District Surveyors 209,210
Deposit of plans and sections 210
Penalties and dispensation 210,211
XX CONTENTS.
Btelaws uxder Section XXXI. of the Losdos Council (General Powers) Act, 1890.
PAGE
Description and quality of the substances of wliicli plastering
to be made 212
As to the mode in which and the materials with which any excavation outside the site of a building is to be filled up 212, 213
Duties of District Sin-voyors 213
Fees to be paid to District Surveyors 213
Penalties 213
THE METROPOLIS MANAGEMENT AND BUILDING ACTS AMENDMENT ACT, 1878. REGULATIONS MADE BY THE COUNCIL ON THE 9th FEBRUARY 1892.
Limits of regulations 214
Interpretation of " such premises " 214
PART I. STRUCTURAL.
Applications and drawings 214,215
Site 215
Windows overlooking site 216
Walls 216
Dressing rooms 216
No theatre under or over any other building 216
Number of tiers 217
Height of tiers 217
Floor of pit 217
Entrances and exits 217
Vestibules 217
Proscenium wall 217,218
Proscenium opening 218
Roof over stage 218
Corridors, passages and staircases 218,219
Staircases 219
Gangways 219
Ironwork 219
Workshops, &c 219,220
CONTENTS. xxi
PA6B
Limelight tanks, boilers and dynamos 220
Scene dock 220
Enclosures 220
Skylights 220
Gas 221
Doors and fastenings 221,222
Ventilation 222
Warming 222, 223
Water supply 223
Addition or alteration to i^remises 223,224
PART II. GENERAL.
Oil or candle lamps 224
Fire alarm 224
Notices 224
Precautions against fire 224,225
PART III. — ELECTRIC LIGHTING.
Certificate 225
Circuits 225
Conductors 225,226
Conductors, fixing and protection 226,227
External conductors 227
Switches, cut-outs, &c 227,228
Eesistances 228
Arc lamps 228
Stage lighting 228,229
Stage switchboard 229
Generating plant 229, 230
Batteries 230
Transformers 230
Insulation resistance 230
Supervision 230
Plan of wiring 231
PART IV. — POWER TO MODIFY OR DISPENSE WITH THESE REGULATIONS.
Person responsible 231
xxii CONTENTS.
REGULATIOXS MADE BY THE COUNCIL ON THE 23rd NOVEMBER 1894, UNDER THE LONDON BUILD- ING ACT, lS9i.
PAGE
I. — GENERAL 232
:i. — PAKTICUr,ARS AS TO DRAWINGS REQUIRED IN EACH CASE.
New streets, &-C. 233
Buildings within prescribed distances, lines of frontage, &c... 233 Space at rear of domestic buildings, and open space about
working-class dwellings not on the public way 234
Open sjiace at rear of domestic buildings on old sites .. .. 234
Laying out new streets on a cleared area 234
Height of buildings 234
Timber in external walls, and furnace chimney shafts .. ,. 235
Frojectious 235
Additional cubical extent, and buildings for the supply of
electricity 235
Sj)ecial and temporary buildings and wooden structures .. 235
Naming of streets and numbering of houses 236
Byelaws made under Section 39 (1) of the Public Health (London) Act, 1891.
With respect to water-closets, earth-closets, privies, ash-pits, cesspools, and receptacles for dung, and the proper acces- sories thereof, in connection with buildings, whether con- structed before or after the passing of this Act .. .. 238-250
Index 251-2G7
LIST OF PLATES.
Buildings not PaBUc and not of the Warehouse
Class/^
|
{' |
Uv |
to |
25 feet high |
|
25 |
40 „ |
||
|
40 |
50 „ |
||
|
f 1 |
50 |
60 „ |
|
|
60 |
70 „ |
||
|
70 |
80 „ |
||
|
80 |
90 „ |
||
|
i |
90 |
100 „ |
|
|
LOO |
120 „ |
PAGE
153
154 154
155
}
\ [ 155, 156
6. Cross Wall. ComjDarison as to thickness with ex- ternal or party wall
160
Warehouse Walls.
9. 10. 11.
12. 13. 14.
[Up to 25 feet high
i 25 I 30 40 / 50 I 60 I 70 I 80 ( 90 1 100
30 40 50 60 70 80 90 100 120
Cross Wall. Comparison as to thickness with ex- ternal or party wall
Recesses in external and party walls, and chases in party walls
Lantern light showing nearest position to party wall
157
157
157, 158
158
158, 159
160
65 68
xxiv LIST OF PLATES.
FAOB
15. Chimneys and flues in external and party walls .. 70
16. Shows the least height permitted by the Act for
habitable rooms wholly or partly in the roof . . 74
17. Greatest projections of shop fronts and cornices in
front of external wall of the building to which it
belongs 77
18. Exempted private buildings 144
19. Illustration as to Section 41. Backyards .. .. 55
INTEODUCTION,
It is desirable shortly to mention the new provisions and to point out the leading differences between the expiring Acts and this new London Building Act, which comes into force on the 1st January next, so that those that have not followed the Bill during its progress through Parliament may have set before them some idea of the scope of the Act and the alterations. I propose doing this as briefly as possible, considering that to burden one's mind with the changes is not so successful a method of learning the new Act as studying the Act itself. I commend, therefore, the Abstract, to which I have given much consideration, and the accompanying diagrams, to the earnest attention of my readers.
The definitions have ever been the stumbling block of Definitions. Acts of Parliament, and it is curious that although in this Act the definitions are much improved, we have not amongst them one of " what is a building." To show how difficult is a definition of a building, I need only quote the case of Stevens v. Gourley,:which came before the magistrates, and on appeal before Chief Justice Erie and Justices Williams and Biles. That the arguments in the appeal case occupy thirteen pages of my work on the Metropolitan Building Acts serves to show the extreme difficulty of definitions. It is true that in the Bill an attempt to define " a building " was made, but I think this definition was struck out during its progress through Parliament. Why will not our legal friends face the difficulty rather than leave the matter open, which must
IXTBODUCTION.
f"entre of roadway.
lead to disputes and litigations ? Is it fair of the legal profession to shirk definitions, and thus leave ns laymen to fight over the ^'expressions" in courts of law ?
As proof that definitions can he made clear and not liahle to he misunderstood, take number 26 in this Act, Here we have a definition so worded that there is no question. It includes every building that can be erected except two, which are defined in Nos. 27 and 28. Definition 37 explains the expression "inhabited." Definition 38 explains the expression "habitable" as a room constructed or adapted to be inhabited.
With regard to centre of roadway^s, I notice one of the professional journals does not seem to appreciate the centre remaining, notwithstanding that the actual centre of the roadway may have become altered by reason of the roadway having been wideued on one side only, or on both sides to an unequal extent. That it should remain appears to me of much value in preventing the active owner from loss of his projjer advantage. For example, the owner on either side of a road 20 feet wide, if the widening is required for carriage traffic, would have to set back each 10 feet, and therefore each owner, whom we will call respectively A and B, loses 10 feet in the depth of his land. Now, assume A desires to have a 50-feet road, and he sets back from the centre of the roadway 25 feet. B, without this regulation, need only set back 5 feet instead of 10 feet, and thus, to give a road 40 feet wide, gains 5 feet in the depth of his land ; and so by delay gains an advantage and prevents A obtaining the advantage he desired. It is this difficulty which absolutely calls for a difference of position between the legal and geometrical centre of the road.
The fixing of a gradient is, I think, extremely good. This is given in section 9, sub-section 6.
I strongly dislike the power the Council have taken to vary the rules. Take as an example section 17. You will find the Council may sanction " the erection of any
IXTBOnuCTIOX.
buildiDg or structure at any less distance than the pre- scribed distance from the centre of the roadway, not being a ' highway.' "
Speaking in the discussion at a meeting of the Eoyal Permissive Institute of British Architects, I said, " I would call attention to a most objectionable phrase in the Bill — 'the Council may permit.' The whole Bill bristled with per- missions to avoid every clause in it."
I strongly advise the Council to get rid of this power as far as possible by formulating fixed rules and regu- lations, so that one set of rules and regulations may apply to all.
Section 9, sub-section 4, will, I think, prevent the for- New street mation in the future of circular or crescent roadways, having each end communicating with the same street. There has been much litigation, and the words now used, " laying out the same to afford direct communication between two streets," will probably prevent any question arising in the future.
The District Surveyor has more power under this Act Bressnm- with regard to bressummers, and it is the first time that ^^"' I remember any allowance being set out for expansion of metal in a Building Act.
The bearing of 4 inches is important, because, in dealing with long wooden beams, if the builder insist on his right of only giving 4 inches, as the Act permits, the District Surveyor can, if he thinks it insufiScient, require additional storey-posts or iron columns, &c. The builders, therefore, will be very willing to give sufficient bearing for safety.
In the discussion at the Eoyal Institute of British Architects, Mr. H. H. Statham produced a diagram show- ing the effect that the new restriction as to projections of cornices to only 2 feet 6 inches over the public way would have, supposing one desii'ed to build a house with a cornice of the same projection as the Strozzi Palace, and undoubtedly his diagram was convincing that the
Projections.
INTRODUCTION.
limitation of the projection would seriously interfere with the cornices in Classic and Eenaissance architecture. The restriction has now become law, and the only way a greater projection can he obtained is by Betting back the front walls or obtaining the consent of the Council.
There is a slight alteration in the area permitted as to the cubic contents of warehouse buildings. It is extended from 216,000 to 250,000 cubic feet.
The new Act in clause 76 gives power to the Coun- cil (where the Superintending Architect and the Chief OflScer of the Fire Brigade advise favourably) to consent, under certain conditions, to each building containing additional cubical extent ; but there is a proviso that such consent shall continue in force only while the said build- ing is actually used for the purposes of the trade or manufacture in respect of which the consent was granted. '
More latitude in the use of combustible materials is permitted by the relaxation of the provisions in the ex- piring Act. Under the new Act cornices and barge- boards of wood are permitted.
A new requirement is that buildings exceeding 30 feet high, used as dwellings or factories, and having a parapet, are to be provided with a dormer window or door opening on to roof, and a trap-door with proper step ladder or other proper means of access to the roof.
This requirement cannot be demanded, apparently, where there is no parapet.
The new Act limits the number of storeys in the roof, so that buildings like the Grosvenor Hotel cannot be repeated, and it has a provision that where the storey is above 60 feet from the street level it may not have a boarded floor, if constructed in the roof, but the uj^per surface of the floor shall be of fire-resi.stiug materials.
The old rule as to the angle of inclination of roofs of the warehou.«e kind continues.
A novel feature in the Act is the fixing of an an gle of inclination of roofs of other buildings ; they must not
INTB OD UCTION. xxix
incline upwards at a greater angle than 75°. This limi- tation does not, however, ajiply to towers, spires and turrets.
This Act recognises for the first time a separation of Separation of
-,.,,.,, , ,. . builJings.
buildings by other means than party walls. It permits the separation by a party structure, and a reference to tbe definition shows that party structure may be a party wall, or a partition, floor or other structure, separating vertically or horizontally buildings, &c. Some district surveyors have permitted this as an interpretation of a party wall under the expiring Act, but it is very desirable to have all doubt removed by clause 74 and definition in section 5, sub-section 20. The same section 74 requires that the dwelling house shall be divided from the shop or trade portion in every building exceeding ten squares in area.
The rules with regard to separate sets of chambers in chamber one building, are made more stringent, by making the area commence at 2500 square feet instead of 3500.
Section No. 75 permits one-storey buildings beyond the One-storey' two-mile radius of St. Paul's to have any cubical contents, "^'^'"S®' provided they are us^ed for certain purposes.
The uses to which such buildings may be put are very limited (see Abstract, page 16).
The provisions as to chimneys and flues are practically chimneys the same as in the expiring Act. The orAj concession *" "*^^' made is in following the same lines as building on a bressummer. If chimneys be so built, the work must be done to the satisfaction of the District Surveyor.
One important alteration is set forth in the section that prevents the use of ordinary flues for trade purposes.
The provision as to marking flues, where a wall is likely to be built against, is probably useful, but I have never found any difficulty in getting this done.
One added security against smoke and fire is the pro- vision set out in section 64, sub-section 6, that all flues are to be rendered on their outside face when passing through floor or roof This will entail some additional
IXTRODUCTIOX.
expense, as the quantity of rendering tlirougli roof portion will sometimes be considerable.
The backs of chimnej'- openings can be 4^ inches in walls other than party walls (section 20, snb-section 7 of the expiring Act). The new Act has no provision.
There is a slight reduction in the thickness of hearth, from 7 inches to 6 inches. This cannot increase the risk of fire, whilst it may give an advantage from a constructive point of view.
Another alteration is that this Act requires that the top six courses of the stack or shaft are to be Imilt in cement. This will be most useful in maintaining the stability of the chimney shaft, and also the stability of those too often added deformities, called tall-boys, wind- guards and cowls, because they will be bedded in the courses of brickw ork in cement.
The Act relieves the Council of the labour of fixing the thickness and tapering of the shafts. These are set forth in the Act. The height of the chimney shaft is limited by the width or circumference of the base (see Ab.stract, page 9). Many existing shafts if condemned could not be rebuilt to their present height without increasing their width at the base. I mention this to show that the present requirements will give a certainty of more sub- stantial building.
The provision with regard to " hollow walls " is likely to prevent them being built, because the wall one side of the hollow space must be of the full thickness prescribed by the Act, and therefore the hollow wall will have to be just a wall of the thickness shown in the diagrams I have given, plus the hollow space, plus the outer casing.
The variation that no recess shall come within 13^ inches, instead of 12 inches in the old Act, is wise, as it makes a " brick measurement " of it.
An important alteration is that under the new Act there is apparently no limitation as to the quantity of openings and recesses on the ground floor storey. This is a
IXTBOD UCTION. xxxi
most important concession, and removes a great difficulty as to slioii premises. It has been contended by a pro- fessional writer tliat this clause miglit be read to mean that there shall be no openings or recesses on the ground floor storey, but I think the common-sense reading will be sure to be adopted by the courts.
This Act sets out the structural method of arching recesses which are deeper than 5 inches. It says the arching shall be by not less than two rings in brickwork the full depth of the recess in party walls, and thus de- fines the method more clearly than the old Act, which only said " arched over."
There is a novelty in the Act which permits recesses under 5 inches deep. These may be corbelled out in brick- work or stonework.
There is an exemption of hoardings from the Act, Hoardings where they are placed around vacant land, provided such hoarding shall not exceed 12 feet in height. The diffi- culty that some anticipate is that these hoardings may be kept up after the land is occupied. This, I think, cannot arise, as the wording of the exemption is quite clear.
A relaxation of the strict rule as to sheds I consider of sheds, much advantage to small traders. It is that " open sheds not exceeding 4 squares in area may be constructed of any substance, and in any manner approved by the District Surveyor."
The Act gives increased height to dwelling rooms, n^-eiiing Instead of 7 feet it must now be 8 feet 6 inches. With °"^^' regard to the height of rooms in roofs one foot is added, making it 8 feet instead of 7 feet.
The Act is silent with regard to the size of lantern Lantern lights (see the last paragraph of sub-sec. c of sec. 70). "^''*®' This is wise, because a very small area is sufficient, and it is best to leave that area to the builder's discretion, other- wise it might interfere with his getting a good watertight roof.
Tho requirement for ventilation is sufficient; it is that
INTRODUCTION.
the part which shall open shall be equal to oue-twentieth part of the floor space.
I think it is wise that the restrictions as regards under- ground rooms are to be continued. I have seen a com- plaint that the Act has omitted to state the amount of the penalty. This is not so. It is not mentioned in section 70, sub-section 2, but it is given in section 200, sub- bection 11 (_/ ).
There is a Section in the Act requiring ventilation under the lowest floor, unless it be a solid wood floor on concrete.
The novel provisions as to the sizes of windows to rooms (other than those in the basement) can scarcely be considered necessary, because it is the custom to build these rooms with suflBcient window space. However, the requirements will have this advantage, that they will inform the builder what is considered the smallest windows he ought to make.
The regulations with regard to the windows in the roof I think are decidedly necessary ; for too often one has found windows too near the floor, solely because of the elevation ; no doubt the elevation must and should give way to good sanitary planning, but I fail to see why the elevation need therefore be less well proportioned.
The change of classification of walls is an advantage. Walls classed in the expiring Act as dwelling-house walls are now described as " walls of buildings not public and not of the warehouse class." The new Act, therefore, has this advantage, that it defines tbo walls for every building.
In walls of buildings, not public and not of the ware- house class, up to 40 feet, one division is left out, and we have left, the sections up to 25 feet high, and from 25 feet up to 40 feet high. This appears to me a distinct advan- tage.
Although it is to be wished that the 8j-iuch walls had disappeared, at least for external walls, it is an advantage
INTRODUCTION. xsxiii
tliat the 8i-inch thickness is limited to storeys in a wall up to 25 feet high, and to one storey up to the height of 40 feet.
Taking the next height — 40 feet to 50 feet — we still have the 8i inches thick up to 30 feet in length, but the basement or lowest storey is increased to 17^ inches thick. The 8^-inch wall disappears where the length is above 30 feet.
Dealing with the next height — 50 feet to 60 feet — I think it a distinct advantage that only two sections are required instead of three, and the way it is done is good. The length up to 30 feet is omitted, such length being increased to 45 feet ; therefore, instead of " up to 30 feet," " from 30 feet to 50 feet," and " above 50 feet," we have the simpler formula " up to " 45 feet and " above."
In the next height — 60 feet to 70 feet — the same rule applies : two sections instead of three. The old Act being " up to 40 feet," and " 40 feet to 55 feet and above 55 feet ; " now " up to " 45 feet and " above."
Passing on to 70 feet to 80 feet in height, the same method is continued, and we have simply two sections of walls, with the slight thickening of one storey above 45 feet, three storeys instead of two of 17^ inches work. The old thickness for walls 40 feet long is increased in thick- ness for one storey to 17^ inches for walls 45 feet long, above this length there is also a slight increase in the thickness of the old wall above 60 feet long.
With regard to the next height — 80 feet to 90 feet — exactly the same treatment occurs, omitting one section, retaining, however, the first division, as in the expiring Act, namely up to 45 feet, with an increase of thickness on the ground storey. The thickness for walls above 45 feet is increasing each storey 4^ inches, excepting the two topmost storeys.
From 90 feet to 100 feet the same reduction occurs, to two sections (instead of three). The first limitation in length being similar to the present, viz. 45 feet.
JXTRODUCTION.
increasing base storey to 26 inches [thick, and increasing the storey next but one above to 21^ inches. The diminished thickness is given at the top of these walls.
From 100 feet to 120 feet in height the thicknesses of walls are now given, which were not given in the expiring Act.
The thicknesses of walls of public buildings are not defined in the Schedule, nor were they in the Act now exi)iring. They are to be built to the satisfaction of the District Surveyor, as now; the only diiference is that instead of the aj^peal being to the Council, it is to be roade to the new tribunal.
Warehouse walls up to 25 feet, and from 25 feet to 30 feet, remain as in the expiring Act.
From 30 feet to 0 feet high, the only variation is the extension of length in the first to 35 feet, and the reduction of the second thickness of walling to 45 feet in length, making the thickest wall begin at 45 feet in length, instead of 60 feet as formerly.
Walls 40 feet to 50 feet high are practically thickened, because the length of the first wall is reduced to 30 feet, the second wall to 45 feet (instead of 70 feet), and the un- limited length begins at ^^5 feet.
From 50 feet to 60 feet high the number of sections is reduced from three to two ; the first thickness being for walls up to 45 feet, the second above, and practically the lighter section wall is abandoned.
Walls 60 feet to 70 feet high are similarly treated. There are two sections instead of three, the lighter sec- tion wall being again abandoned.
In walls of 70 feet to 80 feet high the third section is again abandoned ; but curiously enough the section abandoned is not the thinner, but the thickest, namely, that with 30 inches at its base.
^Valls 80 feet to 90 feet high also have only two f ections given instead of three, and here the thickest section is abandoned.
INTS OD UCTION. xxxv
In walls 90 feet to 100 feet high we have again only two sections, the abandoned section being the thickest wall, namely, 34 inches at its base.
For walls np to 120 feet high the new table gives the thickness for walls, length up to 45 feet, as was formerly that up to 100 feet (length unlimited). It also gives the thickness for a wall the same height but above 45 feet.
There is a novelty which applies to the section of all walls where the length is 45 feet, or greater, which is that the increased thickness may be distributed in piers according to the Schedule.
The next very important alteration is the yard space, yard space. and a novel feature is the introduction of the diagonal line, limiting the height of buildings according to the depth of the back yard. Before the Bill became an Act of Parliament this diagonal line was very much discussed. It was proposed to have an angle of 45 degrees, which would have reduced the heights of buildings to a much greater extent than the angle finally adopted, which is 63^ degrees.
A reference to the diagram (Plate 19) will show that where the builder desires to take full advantage of his land, and builds therefore to the extreme limit permitted by the Act, all the upper rooms will be reduced in depth, I expressed my views with regard to this in the meeting at the Institute, held to consider the Bill. The objection, I said, to the angle proposed, or to any angle, was, that it must of necessity make a building worse internally ; it was impossible to get square rooms while building up to a diagonal line ; any angle should cease when it touched the back wall. In the diagram referred to, I have purposely taken the back yard at the smallest depth per- mitted by the Act.
Directly following this Introduction is the Abstract, set out in tabular form. I think this will bo found of great value in enabling the reader to find at once all the portions of the Act set out concisely under the different
xxsvi INTRODUCTION.
heads, as for example, if he will turn to TaLle YI. he will find every rule relating to chimneys and fireplaces, in Tahle I. all those relating to recesses, openings, &c.
Following these tables is the Act in eztenso, so that if the slightest doubt arises as to the exact wording, it can at once be turned to. The section and sub-section are given in the tables. Then follow all those sections of other Acts which are still unrepealed, and which relate to building and drainage, and the byelaws of the London County Council.
ABSTRACT
OF THAT
POPiTION OF THE ACT EELATING TO BUILDING.
INDEX.
TABLE PAGE
1. Recesses and Openings 3
2. TtMBEES IN External and Party Walls, and Ecles as
TO Beesstjmiiers 3, 4
3. External Walls 4, 5
4. Party Walls 5, 6
5. EooFS 6
6. Chimneys and Flues 7, 8, 9
7. Furnace Chimney Shafts 9
8. Close Fires and Pipes 9, 10
9. Accesses and Stairs 10, 11
10. Habitable Rooms 11, 12
11. Party Arches over Public Ways 12
12. Arches under Public Ways 13
13. Projections 13, 14, 15
14. Separation of Buildings and Cubical Extent .. ., 15, 16
15. Rules as to Uniting Buildings IG, 17
16. Additions and Alterations 17
17. Conversion of Buildings 17, 18
18. Public Buildings 18
19. Exempted Buildings, Land and Hoardings 18, 19, 20
20. Fire-Resisting Materials 20
21. Dwelling Houses on Low-Lying Land 21
22. Open Spaces about Buildings 21,22,23,24,25,26
23. Heights of Bdildimgs 27,28
B
ABSTRACT.
TABLE I.
Eecesses Airo Openings
External Wall. — B;icks of recesses not less than 85 inches
Area of both ahove ground storey not to exceed one-half of whole area of wall above ground storey
Party Walls. — Backs of recesses not less than 13 inches
Over recess formed an arch of at least two rings of brickwork full depth of recess to be turned on every storey, except in case of recesses formed for lifts, but where such recess does not exceed 5 inches in depth, corbelling in brick or stone may be substituted for the arching
Area not to exceed half of whole area of the wall of the storey in which made
No recess to come within ISj inches of inner face of external walls (see Plate 13)
Superintending architect may consent to any modification or relaxation of the requirements of this Section
The word area in this Section means area of vertical face, or elevation of the wall or recess to which it refers
Part VI., Sec. 54. Sub-sec. 1, Rule ('/).
„ „ 0').
2 :, in).
j> >)
TABLE IL
Timbers in External and Party Walls. AS to Bressummers.
"Woodwork fixed in external walls, except bres- summers and storey-posts under same, and frames of doors and windows of shops on ground storey shall be set back 4 inches at least trom external face of wall
Loophole frames, and frames of doors and windows may, however, be fixed flush with face of external wall
Council may by byelaws or otherwise ex- empt from provisions of this Section oak, teak, or other wood, provided work be con- structed to satisfaction of District Surveyor
Rules
Part VI., Sec. 55.
>i It » >>
B 2
AB STB ACT OF TEAT PORTION OF TUB ACT
Bressummers, whether wood or metal, to have bearing 4 inches at least at end, on sufficient pier of brick or stone, or upon timber or iron storey-post fixed on solid foundation, in addition to bearing on any party or external wall. District Surveyor shall have power to require that every bressummer shall have such other storey-posts, iron columns, stanchions, or piers as may be sufficient to carry superstructure
Ends of bressummers, if wood, not to be placed nearer to centre line of party wall than 4 inches
Metallic bressummer at end shall have space lelt equal to | inch to every 10 feet or fractiuual part of 10 feet of length of bres- summer to allow" for expansion
Bond timber or wood plate not to be built into any party wall
Ends of wooden beam or joists bearing on such walls to be 4 inches at least from centre line of party walls
Bressummer bearing on party walls to be borne by templet or corbel of stone or iron tailed through half thickness of wall and full breadth of bressummer
End of any timber not permitted to be placed in or have bearing on any party wall may be carried on corbel or templet of stone, iron, or vitrified stoneware tailed into wall a distance of at least 85 inches, or otherwise supported to satisfaction of District Surveyor
Part VJ.,
Sec. 56, Sub-sec. 1.
I> » >J !>
>> )) »
J> )> >)
J) 5> >) ;!
J» 5> >>
„ O.
TABLE III. External Walls.
The thickness and substance of walls to be as mentioned in the First Scliedule of the Act, but may be varied by byeiaws
N.B. — The thicknesses required by the Act are set out in the sections shown on Plates 1 to 12.
Parapet at least 1 foot ahove highest part of gutter if formed of combustible material, and at least Fi inches in thickness
Where external wall not in cunformity with this Act is taken down, burnt, or destroyed
Part VI., Sec. 53.
57.
E ELATING TO BUILDING.
to extent of one half, measured in superficial feet, every remaining portion not in con- formity with Act shall be made to conform therewith, or be taken down before rebuild- ing thereof, unless Council otherwise alow..
Part XVI., Sec. 208.
TABLE IV. Party Walls.
The thickness and substance of walls to be as mentioned in the First Schedule of the Act, but may be varied by bye-laws
N.B. — The thicknesses required by the Act are set out in the sections shown on Plates 1 to 12.
Party wall to be carried up in a building of warehouse class equal to thickness of wall in topmost storey, any other building 8J inches to such a height as will give a distance of 3 feet in a building of warehouse class (ex- ceeding 30 feet in height), 15 inches in height &n\ other building above highest part of any roof, flat or gutter :
If dormer, turret, lantern light, &c. within 4 feet from this wall, wall shall extend at least
12 inches higher and wider on each side. If roof within 4 feet, then this wall shall go above (see Diagram, Plate 14j
No chase wider than 14 inches nor deeper than 4i inches from face of wall, nor leave less than 85 inches thick, nor be within 7 feet of another chase on same side of wall, nor within
13 inches from an external wall (see Plate 13) No chase to be made in wall of less thickness
than 13 inches
Where party wall not in conformity with this Act is taken down, burnt, or destroyed to extent of one half, measured in superficial feet, every remaining jjortion not in con- formity with Act shall be made to conform therewith or be taken down before rebuilding thereof, unless Council otherwise allow
Part VI. Sec. 53.
59, Sub-sec. 1.
2.
60.
Pabt XVI., Sec. 208.
Cases in which a wall to he deemed a Party Wall.
(a) When a wall is after the commence- ment of this Act built as a party wall in any part ; or
Part VI., Sec. 58.
AB STB ACT OF THAT POBTION OF TEE ACT
(h) Where a wall built before or after the commencement of this Act becomes after the commencement of this Act a party wall in any part
the wall shall be deemed a party wall for such part of its length as is so used
Part YI., Sec 58.
TABLE V. Eoofs.
Every part of covering must be externally covered with slate, tiles, metal, or other incombustible materials, except wooden cornices and barge boards to dormers not exceeding 12 inches in depth, and the doors, door frames, window, and window frames of such dormers, turrets, lantern lights, sky- lights, or other erections
Buildings exceeding 30 feet high, used wholly or in part as a dwelling or factory, having a parapet shall be provided — (a) With a dormer window or door opening
on to the roof ; or (h) Trap door furnished with fixed or hinged
step ladder leading to roof; or (c) Other proper means of access to roof.
If building of warehouse class, plane of surface of roof not to incline from external or party wall uj^wards at greater angle than 47° with horizon. This Sub-section shall not apply to towers, turrets, or spires
Any other building, plane of surface of roof not to incline from external or party walls up- wards at greater angle than 75° with horizon. This Sub-section shall not apply to towers, turrets, or spires
Not more than two storeys to be constructed in roof of domestic buildiijg
If storey constructed in roof of domestic building, the upper surface of floor of which storey is 60 feet from street level, shall be constructed of fire-resisting material throughout .,
Means of escaj^e in case of fire to be provided for persons dwelling or employed in storeys, the upper surface of floor whereof is above 60 feet from street level. No such storeys shall be occupied until certificate issued by Council
Part YI.,
Sec. 61, Sub-sec. 1.
4.
62
Sec. 63.
RELATING TO BUILDING.
TABLE Vr. Chimkeys AST) Flues.
Chimneys on corbels of brick, stone, or other incombustible materials must not exceed in projection more than thickness of wall measured immediately below corbel.
All other chimneys must be on solid founda- tions, with footings similar to footings of wall, unless carried on iron girders with direct bearings on party, external, or cross walls to satisfaction of District Surveyor
Chimneys and flues having soot doors not less than 40 square inches, may be at any angle, but in no other case shall flue be inclined at less angle than 45° to horizon, and to be properly rounded. All soot doors 15 inches distant from any woodwork
An arch of brick or stone, or bar of wrought iron of sufficient strength shall be built over opening of every chimney to support breast. If breast projects more than 4 inches, and jamb less width than 17 2 inches, abutments shall be tied in by iron bar or bars turned up and down at ends, and built into jambs at least 8 i inches (see P/a^e 15)
Flue not to be adapted to or used for any new oven, furnace, cockle, steam boiler, or close fire used for any pur^jose of trade or business, or for range or cooking apparatus of any hotel, tavern, or eating house, unless flue surrounded with brickwork at least 82 inches thick from floor on which such oven, furnace, cockle, steam-boiler, or close fire is situate to level of ceiling of room next above same . .
Flue not to be used in connection with steam boiler or hot-air engine unless flue is at least 20 feet in height, measured from level of floor on which engine placed
Inside of flue, and outside where passing through floor or roof, or behind or against any wood- work, to be rendered
Position and course of every flue shall be distinguished on outside of work, as it is carried up, by outline marks, except when exterior face of flue forms part of external wall not likely to be built against
Part VI.,
Sec. 64, Sub-sec. 1.
2
» )> )3
„ 4.
„ 6.
„ 7.
8 ABSTBAGT OF THAT PORTION OF THE ACT
Jambs to be at least 82 iDcheswide each side of opening
Breast and brickwork surrounding every smoke flue to be 4 inches thick
Back of fire place in party wall from hearth to 12 inches above mantel shall be at least 8J inches thick
Thickness of upper side of every flue when angle of less than 45° must be 8^ inches ..
Shafts at least 4 inches thick to a height of not less than 3 feet above roof, flat, or gutter, measured at highest point of juncture ..
Highest six courses of shaft or stack shall be built in cement
Ko shaft to be higher above roof, flat, or gutter, and from highest point than six times the least width, unless built with and bonded to another shaft not in same line, or otherwise rendered secure*
Slab to be of stone, slate, or other incombustible material, 6 inches longer than opening on each side and 18 inches wide in front of breast (see PZaie 15)
Slab to be laid wholly on stone or iron bearers or brick trimmers, or other incombustible materials, but on lowest floor may be bedded on concrete covering the site
Hearth or slab to be solid for a thickness of 6 inches at least beneath upper surface
Flue not to be built against any party structure unless surrounded with new brickwork 4 inches thick, properly bonded
No chimney breast or shaft, with or in any party wall to be cut away unless District Surveyor certifies, &c
Chimney shaft, jamb, breast, or flue, can only be cut into for three purposes («) (i) (c) ..
Timber or Woodwork : —
(a) Not to be nearer than 12 inches to inside of flue or chimney opening.
{h) Not to be within 10 inches from upper surface of hearth of chimney opening.
(c) Not to be within 2 inches from face of brickwork or stonework about chimney or flue where the work is less than 8^ inches thick, unless face rendered.
Paet VI.,
Sec. 64, Sub-sec.
10. 11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
* Except furnace of steam engine, brewery, distillery, or manufactory.
RELATING TO BUILDING.
Wooden phif^s mi;st not be nearer than 6 inches to the inside of flue or chimney opening, nor any iron holdfastior other iron fastening nearer than 2 inches .. .. :
Part VI.,
Sec. 64, Sub-sec. 22,
TABLE VIT. FuENACE Chimney Shafts.
Unless Council otherwise permit shall be con- structed as follows
Carried up throughout in brick and mortar of best quality, and if detached shall taper from base to top at least 2i inches in 10 feet of height
Thickness of brickwork at top and for 20 feet below to be at least 8^ inches, and increased one-half brick for every additional 20 feet, measured downwards
Every cap, cornice, pedestal, plinth, string course,or other variation from plain brickwork shall be in addition to thickness of brickwork required, and every cap shall be constructed and secured to satisfaction of District Surveyor
Foundation to be made to satisfaction of District Surveyor
Footings to spread all round base by regular oifsets to a projection equal to the thickness of enclosing brickwork at base of shaft, and space enclosed by footings to be filled in solid as work proceeds
Width of base of shaft if square shall be at least one-tenth, or if round one-twelfth, height of shaft
Firebricks built inside lower portion of shaft to be additional to thickness of brickwork and not bonded therewith
Part VI., Sec. 65.
„ „ Sub-sec. 1.
»> »5 »J
55 55 5)
,5 4.
55 55 55 "•
55 55 55 O.
55 5>
<•
TABLE Vin. Close Fires and Pipes.
Floor under copper, steam boiler, or stove not heated by gas, and floor around same shall for a space of 18 inches be formed of incom- bustible material not less tlian 6 inches thick
Part VI.,
Sec. 66, Sub-sec. 1.
lo ABSTRACT OF THAT PORTION OF TEE ACT
No pipe conveying; smoke, &c. to be fixed against any building on the face next street, &c
No pipe for conveying smoke, &c., to be fixed nearer than 9 inches to any combustible materials
No ]3ipe for heated air or steam nearer than 6 inches to any combustible material ..
No pipe for hot water nearer than 3 inches
Restrictions imposed by this Section shall not apply to hot water or steam pipes at low pressure :
For the purpose of this Section hot water or steam shall be deemed to be at low pressure when provided with a free blow off
Floor over any room or enclosed space in which a furnace is fixed, and any floor within 18 inches from crown of an oven shall be constructed of fire-resisting materials .,
Part VI.,
Sec. 66, Sub-sec.
67.
TABLE IX.
Accesses and Stairs.
Public buildings and those having more than 125,000 cubic feet, and adapted or constructed as a dwelling house for separate families, the floors of lobbies, corridors, [lassages, landings, and flights of stairs to be of fire-resisting materials and carried by supports of fire- resisting materials
Buildings constructed or adapted to be occupied by more than two families, the principal staircase used in common shall be ventilated on every storey above ground storey by windows or skylights opening directly into external air, &c
Principal staircase in every dwelling house not subject to provisions of foregoing Sub-section shall be ventilated by window or skylight, &c
Part Vl., Sec. 68.
69, Sub-sec. 1
Staircases in Churches, Chapels, or Public places of Assemhhj.
To be supported and enclosed by brick walls 9 inches thick. Rule (a)
The treads of each flight to be of uniform width. Rule (a)
„ 80.
RELATING TO BUILDING.
II
No staircase, internal corridor, or passage way to be less than 4 feet 6 inches wide, except where not more than 200 perscms accommo- dated, the width may be 3 feet 6 inches. Eule(J)
Every staircase, corridor, or passage way com- municating with any portion of the building intended to accommodate larger number of public than 400, to be increased in widtli 6 inches for every additional 100 persons until maximum width of 9 feet obtained. Eule (c) .. ..
"Where staircases 6 feet wide and upwards, handrail to divide.
In lieu of single staircase, corridor, or passage way of width prescribed by this Sub-section two may be substituted at least equal to two- thirds of the width prescribed in this Sub- section for single staircase, corridor, or passage way, but neither of sucli two shall be less than 3 feet 6 inches wide. Rule (c) . .
Where portion of public to be accommodated over or at higher level than others of the public, separate means of exit communicating with street or open space to be provided from each floor or level. Rule (cZ)
All doors and barriers to open outwards, and no outside locks or bolts affixed thereto. Rule {e)
Part VI., Sec. 80.
>> )i )) j>
J) » jj )>
)> )) >i )?
TABLE X.
Habitable Rooms.
Every part (except rooms wholly or partly in roof) to be 8 feet 6 inches high from floor to ceiling. Rule (a)
In roofs at least 8 feet high, and such height not less than half the area of room. Rule (6) (see PlatelQ)
Every room to have one or more windows open- ing into external air or into conservatory, with total superficies, clear of sash frames, &c., equal to one-tenth floor area of room, and so constructed that one-twentieth of floor area can be opened, and opening shall extend at least 7 feet above the floor level ; but room having no external wall or constructed in
Part VI.,
Sec. 70, Sub-sec. 1.
12 ABSTRACT OF THAT PORTION OF THE ACT
whole or part in roof, to be lighted through roof by dormer window, with total superficies, clear of sash frames &c., to liglit equal to one-twelfth of floor area of room, so con- structed that a portion of such window equal to one twenty-fourth of floor area can be opened. The opening in each case shall extend to at least 5 feet above floor level ; or such room may be lighted by lantern light, a portion of which, equal to one-twentieth of floor area, can be oj^ened. Ilule (c)
Basement rooms having wooden floor oth^r than wood block ou concrete to have suffi- cient space between ground and floor surfaces for ventilation, &c. Ilule (d)
If constructed over stable, floor to have in every part not occupied by joist or girders con- crete pugging or other solid construction 3 inches thick, smoothed on upper surface and properly supported. Underside of such floor shall be ceiled with lathe and plaster, &c. Rule(e)
Staircase, gallery, or structure by which such rooms approached, to be separated from stable by brick wall not less than 9 inches thick . .
Nothing in this Act shall affect, alter, or repeal The Public Health (London) Act, 1891, as to underground rooms. Kule (/)
Penalty to be inflicted for allowing rooms to be occupied unless complying with this Section
Part VI.,
Sec. 70, Sub-sec. 1.
» » )> >j
)> )>
TABLE XL Party Arches over Public Ways.
Every party arch, «&c., and every arch or floor over public way, or passage leading through or under a building to premises in other occupation, shall be of brick or stone, &c. ..
Thickness 8s inches at least if brick or stone, and rise one inch every foot of span, &c.
Construction in other materials as District Surveyor may approve
Part VI.,
Sec. 71, Sub-sec. 1.
RELATING TO BUILDING.
13
TABLE XII. Arches u^^)EB Public Wats. To be fonned of brick, stone or otber bard and Part VI.,
incombustible matt-rials If brick or stone used : —
(a) Si an not exceeding 10 feet thickness, 82 inches.
(h) Span not exceeding 15 feet thickness, 13 inches.
(c) Beyond as District Surveyor may ap- prove
Construction in other materials as District Surveyor may approve
Sec. 72, Sub-sec. 1.
2.
3.
TABLE XIIL Peojectioxs.
All to be of brick, tile, stone, artificial stone, slate, cement, or other fireproof materials, except the cornices and dressing to window, fronts of shops, and eaves, barge boards and cornices to detached and semi-detached dwellings, houses, and other dwelling houses in which party walls are corbelled out so as to project 4 inches beyond same, except with consent of Council.
A pair of semi-detached houses one building for the purposes of this Sub-section
Balcony, cornice, or other projection to be tailed into wall and weighted or tied down to satis- faction of District Surveyor. Projection not to exceed 2 feet 6 inches over pubUc way . .
In streets or ways less than 30 feet shop front may project beyond external wall not more than 5 inches, and any cornice 13 inches. If wider than 30 feet, shop front may project 10 inches and cornice 18 inches over ground of the owner of the building (see Plate 17).
Note. — This provision does not authorise projection of shop front other than cornice over public way or land to be given up to public way
Woodwork of shop front not to be fixed higher than 25 feet above pavement of footpath in front of shop. No part of any woodwork of shop front shall be fixed nearer than 4 inches
Part VI.,
Sec. 73, Sub-sec. 1.
14 ABSTRACT OF THAT PORTION OF TEE ACT
to centre of party wall, &c., or nearer than 4 inches to face of wall of adjoining premises, ■where adjoining premises have separate wall, unless a pier or corbel 4 inches wide at least be placed as high as such woodwork, and projecting throughout an inch at least in front between such woodwork and centre line of party or separate wall, &c. Bay windows to dwelling houses maybe erected on land belonging to owner of the building in a street not less than 40 feet in width, or to a building, the front wall of which is not less distance tlian 40 feet from o]iposite boundar}- of the street, notwithstanding the rules in this Act as to buildings bej'ond general line of buildings as follows : — ■
{a) Not to exceed three storeys in height above footwaJ^
(6) Not to project more than 3 feet from main wall.
(c) Not to project in any part within prescribed distance from centre of roadway.
((/) Not to be nearer to centre of nearest party wall than extreme amount of their projection from main wall.
(e) Taken together, not to exceed in width three-fifths of frontage of building, &c.
(/) Not to be constructed on public way or land agreed to be given up to public way,
(^) Not to be used for trade purposes. Bay wmdows to which foregoing rules do not
apply to receive consent of Council
Oi'iel windows or turrets may be constructed in a street not less than 40 feet, or to a building, the front wall of which is not at a less distance than 40 feet from opposite boundary, provided —
(«) No part extend more than 3 feet from face of building, or more than 12 inches over public way.
(b) No part less than 10 feet above foot- way.
(c) No part (where it overhangs public way) within 4 feet from centre of nearest party wall.
{d) On no floor shall total w-idth taken together exceed three-fifths length of wall of building on level of that floor.
Part VI.,
Sec. 73, Sub-sec. 4.
RELATING TO BUILDING.
15
(e) Construction to be to the satisftiction of District Surveyor, &c.
Oriel windows and turrets to which foregoing rules do not apply to receive consent of Council
Eoof, flat, or gutter of every building and every balcony, verandah, shop front, or similar pro- jection arranged so water does not drop on public way
Except in case of shop fronts and projecting windows and water-pipes, copings, string courses, cornices, fascias, window-dressings, and other architectural decorations, no pro- jection without consent of Council
Part VI.,
Sec. 73, Sub-sec. 6.
5> J> ))
>J )J »
TABLE XIV.
Separation of Buildings and Cubical Extent.
Every building shall be separated by external or party wall or party structure from adjoin- ing building or buildings
Every building exceeding ten squares in area, used part for trade or manufacture and part as dwelling house, the part used for trade or manufacture to be separated from that used as dwelling house by walls and floors of fire- resisting materials, including passages, stair- cases and other means of approach. The part used for trade or manufacture (if extending to more than 250,000 cubic feet) be subject to provisions of this Act relating to cubical contents of buildings of warehouse class
Doorways necessary for coninumication may be constructed in walls of such staircases and passages, and there may be formed in any walls of such building openings fitted with fire-resisting doors
Buildings exceeding twenty-five squares in area containing separate sets of chambers &c., to have floors and principal staircases of fire- resisting materials ..
No warehouse building shall extend to more than 250,000 cubic feet unless divided by party walls in such manner that no division extend more than 250,000 cubic feet ..
Part VI.,
Sec. 74, Sub-sec. 1.
„ 2.
j> j> » )?
» 3.
„ 75.
i6 ABSTRACT OF THAT PORTION OF THE ACT
No addition to be made to warehouse so that cubical extent exceed 250,000 cubic feet
Cubical contents under this section shall not apply to buildin2;s at greater distance than two miles from St. Paul's Cathedral, and used wholly for manufacture of machinery, boilers of steam vessels, retort house, manu- facture of gas, or for generating electricity, provided they consist of one floor only and constructed of brick, stone, iron, and other incombustible material throughout, and not used for any other purpose. Such building, with respect to special buildings undi'r this Act, be deemed building to wliich general rules of this Act inapplicable
Council may consent to additional culical extent under certain conditions
Part VI., Sec. 75.
76
Sub-sees. 1, 2 and 3.
TABLE XV.
EuLES AS TO Uniting Buildings,
No building shall be united unless wholly in one occupation, or constructed or adapted to be so
Nor if 30 done it shall be contrary to Act
No opening to be made in any party wall or in two external walls dividing buildings which if taken together would extend to more than
250,000 cubic feet except
such opening shall not exceed in width seven feet, or height eight feet. Such openings taken together not to exceed one-half the length of party wall on each floor they occur. Rule(«)
Such o]iening shall have floor jambs and head of brick, stone, or iron, and closed by two wrought-iron doors, each one-fourth of an inch thick in panel, distant from each other full thickness of wall, fitted to rebate frames without woodwork, or by wrought-iron sliding doors or shutters projierly constructed, fitted into grooved or rebated iron frames. Pule (i)
If th'ckness of wall not less than 24 inches, or doors placed at a distance from each other of 24 inches, such opening may be 9 feet 6 inches high. Pule (c)
Part Yl.,
Sec. 77, Sub-sec» 1.
RELATING TO BUILDING.
When ceased to be in one occupation must again be divided and openings bricked up, &c
Xotice to be given to District Surveyor when united buildings cease to be in one occupation
17
Part VI.,
Sec. 77, Sub.-sec. 4.
TABLE XVI. Additions and Alterations.
Every addition to or alteration of a building, and any other work made or done for any purpose in, to or upon a building (except that of necessary repair not affecting the con- struction of any external or party wall) shall be subject to provisions of this Act and bye- laws thereunder relating to new buildings ..
This Act does not ajjply to new huildings or alterations commenced and in progress hefme 1st January 1895
Xo alteration (except with consent of Council), to be made unless in conformity with this Act applicable to new buildings
Part XVI., Sec. 209 » » J) 212 »> » » 207
TABLE XVII. Conversion of Buildings.
Unless Council otherwise permit. — No power to convert into a dwelling house any building or part not originally constructed for human habitation
No power to convert into one dwelling house two or more dwelling houses constructed originally as separate dwelling houses ..
No power to convert into or use as two or more dwelling houses any building originally constructed as one dwelling house
No power to convert a building, which when originally erected was exempt from Act or byelaws, into a building which, had it been originally erected in its converted form, would have been within the operations of these enactments or byelaws
No power to convert into a dwelling house any building discontinued or appropriated for any purpose except a dwelling house ..
Part XVI.,
Sec. 211, Sub-sec. L
» » »
„ 3.
» 4.
c
38 ABSTRACT OF THAT PORTION OF THE ACT
Xo power to convert into or use as a dwelling any room or part of a room used as a shoj) . .
No power to convert a dwelling house or any part into a shop in such manner that the building or part so constructed will be con- trary to this Act, relating to the class of buildings which the building when so con- vey ted will belong ..
Part XTL,
Sec, 211, Ssib-sec. 6.
TABLE XVIir, Public Buildings.
"Walls, roofs, floors, galleries, and staircases, and
every structure and work shall be constructed
in such manner as may be approved by Dis- trict Surveyor, or in event of disagreement
by the Tribunal of Appeal* Not to ba used until District Surveyor or \ Part YL, Sec. 78.
Tribunal of Appeal shall have declared
approval of construction. After approval granted, no work to be done
without the approval of District Surveyor, or
such certificate as aforesaid. No conversion of houses, &c. into public
building unless the alteration or conversion
to approval of District Surveyor or Tribunal
of Appeal .. .. ,, „ „ 79.
"*XoTE. — Tribunal of Appeal shall be constituted \
as follows : —
One member shall be appointed by Secre^
tary of State.
One member shall be appointed by Council I Part XVI.,
ofE.l.B.A. f Sec. 175,
One member shall bo appointed by Council
of Surveyor's Institution. No member or officer of the Council shall be a
member of the Tribunal of Appeal.
TABLE XIX. Exempted Buildings, Land and Hoardings.
Oovernment Bullclings. — Buildings for public purposes, occupied by Justices of the Peace for the counties of MidtUesex, London, and City of London, or by County Councils of London and Middlesex
Part XYL,
Sec. 201, Sub-sec. 5.
RELATING TO BUILDING.
19
Mansion House
Guildhall
Eoyal Exchange
Wetropolitau Cattle Markets and the Cattle Market at Deptford
Coveut Garden.
Buildings built with sanction of Commissioners for the Exhibition of 1851 on their land
Buildings belonging to Canal Companies ..
Buildings belonging to Railway Companies
Buildings belonging to Gas Companies ,.
Buildings belonging to Dock Companies ..
Buildings not exceeding 30 square feet in area, and not exceeding 5 feet high in any part, at least 5 feet from any other building or street, and not having any stove, flue, firei)lace, hot- air pipe, hot-water pipe, or other apparatus for warming and ventilating the same, pro- vided no portion of the building extends be- yond general line of buildings in any street
Not exceeding 30 feet high from footings, and not exceeding 125,000 cubic feet, and not being public buildings wholly in one occu- pation, 8 feet from street, 30 feet from nearest buildine, or ground of adjoining owner (see Platel^)
Note. — If public building may have within 30 feet, if other than public building may have within 60 feet, stables or offices used in con- nection with such buildings
Not exceeding 250,000 cubic feet, not public buildings, 30 feet from nearest street, GO feet from nearest building, or ground of adjoining owner
Party fence walls not exceeding 7 feet high measured from top of footings
Greenhouses if not attached to other buildings
Woodwork only of sashes, doors, and frames of greenhouses attached to buildings
Cases of metal and glass for holding plants fastened to woodwork of sill and lower sash, not projecting over public way or more than 12 inches from external face of wall of building
Openings in walls or flues for ventilating valves, not exceeding 40 square inches, not nearer than 12 inches to any timber, &c.
Inns of Court land and buildings, &c
Part XVI.,
Sec. 201, Sub-sec. 2.
1> 5>
10.
11.
„ „ Sub-sees. 11 &12.
12.
» )> j>
13, 14.
15.
16.
17.
„ 204 „ 1,2,3,4. C 2
20 ABSTRACT OF THAT FOETION OF THE ACT
Hoardings to vacant land not more than 12 feet high
Note. — By Section 206 any buildings so ex- empted shall only so remain whilst used for the purpose, or retaining the character, which gave it its exemption or privilege.
Paet YIL,
Sec. 84, Sub-sec. 1.
TABLE XX.
Fibe-Eesisting Materials.
The following are so deemed in the Act : — "^
1. Brickivork, good, well burnt, hard, and sound, properly bonded and solidly put together
(a) With good mortar, compounded of good lime, sharp, clean sand, hard, clean, broken brick, broken tiint, grit, or slag ; or
(h) With good cen cut ; or
(c) With cement . nd sharp, clean sand, hard, clean, broken brick, broken flint, grit, or slag.
2. Granite and other stone suitable for building by reason of its solidity, &c.
3. Iron, steel, and copper
4. Oak, teak, and other hard timber when used for beams, posts, or in combination with iron, the timber and iron (if any) to be protected by plastering in cement, or incombustible or non-conducting external coating.
In the case of doors —
Oak, teak, or other hard timber 2 inches thick
at least. In the case of staircases — Oak, teak, or other hard timber with treads,
strint^s and risers not less than 2 inches
thick.
5. Slates, tiles, brick, and terra-cotta when used for coverings or corbels.
C. Flagstones for floors over arches not exposed on underside, and not supported at ends only.
7. Concrete composed as required bj' Act when used for filling in between joists of floors.
8. Any material approved from time to time by the Council.
2nd Schedule.
B ELATING TO BUILDING.
21
Part XI., Sec. 122.
TABLE XXI. Dwelling Houses on Low-Lying Land.
Not to be erected on land if surface is below ^ Trinity high-water mark, and which will not admit of being drained by gravitation into an existing sewer of the Council, &c., except with permission of the Council —
And the Council may (subject to appeal as hereinafter provided).
(i.) Prohibit the erection or adaptation of any such buildings.
(ii.) Regulate the erection or adaptation of the same.
(iii.) Prescribe the level of underside of lowest floor, and as to provisions as to the proper drainage, &c.
Application to be made to the Council for a license to erect such building, &c.
The Council, with concurrence of Tribunal of Appeal, may make regulations to be followed in making applications under this part of the Act
Printed copies of any regulations under this part of the Act shall be kept at the County Hall and supplied free of charge to any person concerned who may apply for same
123.
124, Sub-sec. 2.
TABLE XXII. Open Spaces about Buildings.
Domestic buildings shall not include buildings used wholly or principally as offices or count- ing houses for the purposes of this Part of the Act
Domestic buildings erected after commencement of this Act having habitable basement, shall have in the rear an open space not less than 100 sq. feet, free from any erection above level of adjoining pavement
With respect to domestic buildings erected after commencement of this Act and abutting on a street formed or laid out after the commence- ment of this Act, the following provisions shall have effect : —
Part V., Sec. 39.
„ 40.
„ 41, Sub-sec. 1.
2 3 ABSTRACT OF THAT PORTION OF THE ACT
(i.) There shall be provided an open space j Part V.,
in rear not less than 150 sq. feet. Where Sec. 41, Sub-sec. 1.
basement storey has open space provided by
preceding Section irrespective of use to which
ground storey appropriated, or where no
basement, or where ground storey not con- structed or adapted to be inhabited, the open
space by this Section may be above level of
ceiling of ground storey, or a level of 16 feet,
exclusive of lantern hghts, measured from
adjoining pavement. In all other cases open space shall be free from
any erection above level of adjoining pavement
except a water closet, earth closet, or privy,
&c. and enclosing walls, none of which
erections shall exceed 9 feet in height. (ii.) Such open space to be full width of build- ing, and a depth in every part at least 10 feet
from such building. (iii.) The height of such building in relation to
space required in rear shall be fixed and
ascertained as follows : —
(a) An imaginary line (hereafter called
horizontal line) shall be drawn at right angles
to roadway in front of building and through
front of centre of the face of building.
(h) The horizontal line shall intersect
boundary of open space furthest from such
roadway.
(c) The horizontal line shall be drawn
throughout at level of pavement, unless site
of building inclines towards roadway, in
which case the horizontal line shall be drawn
directly over the said point in front of centre
of face of building at the level throughout of
the ground at boundary of space furthest
from roadway, where boundary is intersected
by horizontal line.
(fZ) A second imaginary line (called the
diagonal line) shall be drawn in direction of
buiTding above and in same vertical plane
with horizontal line at an angle of 03^°, and
meeting horizontal lino where it intersects
boundary of space furthest removed from such
roadway (see Plate 19).
(e) No part of building to extend above
diagonal line except chimneys, dormers,
gables, turrets, &c., aggregating in all not
more than one-third width of rear elevation.
RELATING TO BUILDING.
(f) When pavement in front of build- ing not all one level, mean level shall be deemed the level thereof. Where boundary of space at rear of building not parallel with rear wall of building, a horizontal line shall be drawn to a point distant from such rear wall the mean distance from such wall of the boundary of space at rear, whether such point be beyond said boundary or not.
(.9) When boundary of space at rear so irregular in shape that doubt arises how measurement to be taken, application to be made to Council, and applicant if dissatisfied may appeal to Tribunal of Appeal.
(h) When land at rear of such building, and exclusively belonging thereto, abuts immediately ufxsn a street or open public space, or maintenance of which as an open space is secured jjermanently or to satis- faction of Council by covenant or other- wise, the horizontal line shall be produced, and diagonal line may be drawn from hori- zontal line at centre of roadway of such street at level of surface thereof, or at further boundary of such open space, and it shall not be necessary to provide any oiaen space at the rear of such building
(iv.) (a) If building at corner abutting upon two streets ; or
(h) A building at corner, one side abutting upon a street, and on another side upon open space not less than 40 feet wide, &c.
The Council may permit erection of buildings not exceeding 30 feet high upon such part of space in rear as they may think fit, provided they be satisfied that such building be so placed as not to interfere unduly with access of light and air to neighbouring buildings.
When Council refuse any application under this Sub-section, applicant if dissatisfied may appeal to Tribunal of Appeal.
(v.) In case of buildings at corner, as hereafter described, nothing in this ])art as to deter- mination of height by diagonal line shall prevent return front being carried up to full height of front elevation for distance of 40 feet, or such less distance as requirements of oi>3n space at rear may demand.
(vL) In exceptional cases, where land irregular
Part V., Sec. 41.
24 ABSTRACT OF THAT PORTION OF THE ACT
shape, to which preceding provisions of this Section cannot be applied, Council may allow modifications.
All persons dissatisfied with determination of Council may appeal to Tribunal of Appeal ..
Domestic buildings erected after commencement of this Act, abutting upon a street formed or laid out before commencement of this Act, provisions of this Section shall apply with this modification — that horizontal line shall be drawn at a level of 16 feet above level of adjoining pavement, and in any such case (ex- cept in cases of dwelling houses to be inhabited or adapted to be inhabited by persons of the working class) the open space to be provided bj paragraphs (i.) and (ii.)of Sub-section 1 of this Section may be provided above level of ceiling of ground storey, or 16 feet (exclusive of lantern lights) above level of adjoining pavement.
Notwithstanding preceding provisions of this part of this Act, any part of domestic build- ing may extend above diagonal line provided Council or Tribunal of Appeal shall be satis- fied that an open cubic space of air will be provided at rear of such building equal to the open cubic space which would have been pirovided at rear of such building if such diagonal line had been drawn from ground level in manner provided in Sub-section 1 (iii.) of this Section, and if no part (except as per- mitted) had extended above such diagonal line. Applicant if dissatisfied with determination of the Council may appeal to Tribunal of Appeal.
Nothing in this Section shall apply to houses abutting in the rear on River Thames, public park or open space not less than 80 feet deep
and dedicated to the public, &c
Eules as to dwelling houses to be inhabited or adapted to be inhabited by persons of the working class, erected after the commence- ment of this Act
Sufficient plans showing extent and height in several parts, and position in relation to other building existing or in course of erection which is adjacent thereto, to be delivered at the County Hall one month before commenc- ing to erect
Part Y.,
Sec. 41, Sub-sec. 2.
42.
Sub-sec. (i.).
RELATING TO BUILDING.
25
If Council dissatisfied with sufficiency of open spaces for admission of light and air, it shall be lawful for them to refuse to sanction such plans within one month from delivery of same. Nothing in the Sub-section shall authorise the Council to refuse sanction if open spaci s for admission of light and air is or are equivalent to open spaces whicli would have been provided vmder the provisions of this Act, in case the same had been erected after commencement of this Act, abutting upon a street or way formed or laid out before commencement of this Act
No erection of such dwelling house to be com- menced without sanction of Council
If after delivery of plans Council do not give notice of their disapproval, sanction shall be deemed to have been given
If refusal of Council considered unreasonable, appeal may be made to Tribunal of Appeal . .
For domestic buildings (not being a dwelling house inhalaited by persons of working class) abutting on a street on the site of domestic buildings existing at commencement of this Act, or on a site vacant at commencement of this Act, but occupied by a domestic building any time within seven years previous to com- mencement of this Act, the following provisions shall have effect : —
Before commencing to build, plans to be prepared showing extent of previously existing domestic building (if building taken down before com- mencement of this Act, or accidentally destroyed, best plans available), and to submit to District Surveyor who shall, if satisfied, certify as to correctness.
Such person may then erect domestic building, but no more land shall be occupied by newly erected building than was occupied by previously existing domestic building.
For failing to submit plan to District .Surveyor, or the District Surveyor or Tribunal of Appeal refuse to certify the accuracy of same, person rebuilding shall be bound by preceding provisions of this Part of this Act, &c
If a person desires to deviate from plans as certified by District^Surveyor, it shall be legal
Part V.,
Sec. 42, Sub-sec. (ii).
» » .. (iii)-
(iv).
„ 43.
„ „ Sub-sec. (i).
26 ABSTRACT OF THAT FOLTIOX OF THE ACT
for him to applj' to Council to sanction such deviation, &:c
A person dissatislied witli any decision of the Council or District Surveyor, he may appeal to Tribunal of Appeal ..
When a person desires to lay out new streets on a cleared area, he may make application to the Council, and the Council may, if they think desirable, modily or relax any of the foregoing provisions of this Part of this Act, &c. ..
Courts u'ithin a huikUng. — When a court, wholly or ]iart open at top, but enclosed on every side, &c., and the depth of such court from eaves or top of parapet to ceiling of ground floor storey exceeds the length or breadth of such court, adequate;; provision for the ventilation shall be made and maintained by owner by means of communication between lower end of court and the outer air.
Ko habitable room not having window directly opening into external air, otherwise than into a court enclosed on every side, shall be con- structed in any building unless width of such court, m&asured from such window to opposite wall, shall be equal to half the height, measured from the sill of such window to eaves or top of parapet of opposite wall.
A court of which the greater dimension does not exceed twice the less dimension, shall be held to comply with this Section if a court of same area but square in shape would comply therewith.
No habitable room above ground storey, not having window directly opening in external air otherwise than into a court open on one side, the depth whereof, measured from oi)en side, exceetl twice the width, shall be con- structed in any building unless every window be placed not nearer to opposite wall of such court, or to any other building, than one-half the height of top of such wall or building above level of sill of such window
Sui^erintending architect may define front or rear of buildings when necessary, &c. ..
Part V.,
Sec. 43, Sub-sec. (ii).
., (iii)
44.
„ 45. „ 46.
RELATING TO BUILDING.
27
TABLE XXIir. Heights of Buildings.
A building (not being a church or chapel) shall not be erected or subsequently increased to a greater height than 80 feet (exclusive of two storeys in roof, &c.) without consent of Council, except where contract lawfully made previously to passing of this Act, &c.
This Section shall not apply to rebuilding same height at present of any building existing at passing of this Act of greater height than 80 feet.
Where existing buildings forming part of con- tinuous block, &c. ex'^eed height prescribed by this Section, nothi'ig in this Section shall prevent any other buildings in same block or row, belonging at date of jjassing this Act to same owner, from being carried to height equal to but not exceeding that of existing buildings.
Nothing in this Section shall affect powers conferred upon railway companies, &c.
When Council consent to erection of any build- ing of greater height than that prescribed by this Act, notice of such consent shall, w'ithin one week after consent given, be pub- lished and served in a manner directed by the Council, and the consent shall not be acted on until 21 days after such publication, or service, or in event of any appeal against consent, until after determination of such
appeal
(a) The owner or lessee of any building or land within 100 yards of the site of any intended building, who may deem himself aggrieved by grant of such consent in respect of the last mentioned buil'ling ; or
(h) Any api)licant for consent which has been refused, may respectively, within 21 days after publication of notice of consent or alter date of refusal, appeal to Tribunal of Appeal
Whenever consent refused and applicant intends to appeal against same, such applicant shall give notice, within 21 days of such refusal, in such manner as Council may direct to owner or lessee of any building or land within 100
Part V., Sec. 4/.
„ 48, Sub-sec. 1.
5> 5> 5)
)> J> >) »
■28 ABSTRACT OF ACT RELATIXG TO BUILDING.
yards of site of building to which refusal relates, that he intends to appeal from such refusal
In the case of appeal against refusal of consent, any owner or lessee of any building or land Avithin 100 yards of site of intended building may appear and be heard before Tribunal of Appeal against application to reverse or vary refusal
After commencement of this Act no existing building (other than church or chapel) on site of a street formed or laid out after 7th August 1862, and of less width than 50 feet, shall without consent of Council be raised, and no new building shall without consent of Council be erected on side of any such street, so that height shall exceed the distance of the front or nearest external wall of such building from opposite side of such street.
Where such building is erected or intended to be erected on corner plot, so as to abut upon more than one street, the height of the build- ing shall (unless Council otherwise consent), be regulated by the wider of such streets, &c., and also so far as it abuts &c. upon the narrower of such streets to a distance of 40 feet from the wider street.
Any building erected or raised before com- mencement of this Act to a height to which no objection could have been taken under any law then in force, although exceeding the height provided in this Section, may be re-erected to its existing height.
This Section not to affect rights of any railway company
Nothing in this part of Act shall prevent raising of any building by increasing height of topmost storey for purpose of bringing habitable rooms in such topmost storey in conformity with provisions of this Act relating to habitable rooms
Nothing in this part of Act shall prevent the re-erection on the same site and of not greater dimensions of any dwelling house in- habited or adapted to be inhabited by persons of the working class, erected by a Local Authority previously to the passing of this Act
Part V.,
Sec. 48, Sub-sec. 3.
49.
50.
51.
CHAPTER CCXIII.
An Ad to consolidate and amend the Enactments relating to Streets and Buildings in London.
[25th August 1894.]
Whereas enactments relative to streets and buildings in the administrative county of London are contained in the following Acts, viz. : —
The Metropolitan Building Act, Public Act. 1844,
The Metropolis Management Act, Public Act. 1855.
The Metropolitan Building Act, Public Act. 1855.
The Metropolitan Building Act Public x\ct. (Amendment), 1860.
The Metropolitan Building Amend- Public Act. ment Act, 1861.
The Metropolis Management Amend- Public Act. ment Act, 1862.
The Metropolitan Building Act, Public Act^. 1869.
The Metropolitan Building Act, Public Act. 1871.
The Metropolis Management and Public Act. Building Acts Amendment Act, 1878.
The Metropolis Management and Public Act. Building Acts (Amendment) Act, 1882
The London Council (General Powers) Act, 1890.
The London Sky Signs Act, 1891.
The London County Council (Gene- ral Powers) Act, 1893.
Local and Per- sonal Act.
Local and Per- sonal Act.
Local and Per- sonal Act.
3°
LONDON BUTLDING ACT, 1894.
And whereas the existing provisions of the said Acts are complicated, and in some respects doubtful, and are insufficient to secure the construction and maintenance of streets and buildings in a satisfactory manner ;
And whereas it will conduce to the public convenience that the said Acts should be repealed to the extent set forth in this Act, and that further provisions shoitld be made, and powers conferred, in order to secure a proper width and direction of streets, the sound construction of buildings, the diminution of the danger arising from tire, the securing of more light, air and space round buildings, and generally with respect to the control and regulation of streets and buildings, and otherwise as in this Act set forth :
And whereas the purposes aforesaid cannot be effected without the authority of Parliament :
May it therefore please Your Majesty, that it may be enacted, and be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal and Commons, in this present Parliament assembled, and by the authority of the same as follows (that is to say) : —
Part I. INTKODUCTOEY.
Short title.
Division of Act into Tarls.
1 — This Act may be cited as the London Building Act, ISU-I.
2 — This Act shall be divided into Parts as follows : — Part I. Introductory. „ IL Formation and Widening of Streets. ,, III. Lines of Building Frontage, ,, IV. Naming and Numbering of Streets. ,, V. Open Spaces about Buildings and
IIeio;ht of Buildings. ,, VI. Construction of Buildings. ,, VII. Special and Temporary Buildings and
Wooden Structures. „VIII. Eights of Building and Adjoining
Owners. ,, IX. Dangerous and Neglected Structures.
LONDON BUILDING ACT, 1894. 31
Part X. Dangerous and Noxious Businesses. „ XI. Dwelling Houses on Low-Lying Land. „ XII. Sky Signs.
„ XIII, Superintending Architect and Dis- trict Surveyors. „ XIV. Byelaws. „ XV. Legal Proceedings. ,, XVI. Miscellaneous.
3 — This Act shall come into operation on, and shall Commence- take effect from the first day of January next after the ^entof Act. passing thereof, which date is in this Act referred to as the commencement of this Act.
4 — This Act shall, save so far as is otherwise provided, Extent of extend to London and no further : ■*^*^'-
Provided always, that in addition to any exemption referring to the Commissioners of Sewers contained in this Act, nothing in this Act contained shall in any way take away, alter, prejudice or affect any of the powers, privileges, exemptions, jurisdictions or authorities given to or vested in the Commissioners of Sewers, by or under any Act of Parliament, and existing immediately before the passing of this Act, notwithstanding the repeal of the Acts specified in the Fourth Schedule hereto.
5 — In this Act, unless the context otherwise requires — Definitions.
1. The expression " street " means and includes any
highway and any road, bridge, lane, mews, foot- way, square, court, alley, passage, whether a thoroughfare or not, and a part of any such high- way, road, bridge, lane, mews, footway, square, court, alley or passage.
2. The expression " way " includes any public road,
way or footpath, not being a street, and any private road, way or footpath which it is pro- posed to convert into a highway, or to form, lay out or adapt as a street.
3. The expression " roadway," in relation to any street
or way, means and includes the whole space open for traffic, whether carriage traffic and foot traffic or foot traffic only.
4. The term " centre of the roadway " means —
32 LONDON BUILDING ACT, 1894.
(a) In relation to any street or way of which the centre of the roadway has been ascer- tained or defined by the Council or the superintendiDg architect previously to or after the commencement of this Act, the centre of the roadway as so ascertained or defined ; (6) In relation to any street or way of which the centre of the roadway shall not have been ascertained or defined hy the Council or the superintending architect, where the roadway opposite the site of the building in question shall, since the twenty-second day of July, one thousand eight hundred and seventy-eight, have been widened, the centre of the roadway as existing immediately before the date of such widening, or where it shall not have been so widened, the actual centre of the existing roadway : For the purpose of any enactment in this Act referring to the centre of the roadway, the superintending architect may at any time define the line consti- tuting the centre of the roadway, in the case of a street formed or laid out after the eighteenth day of August, one thousand eight hundred and ninety, and the line so defined shall continue to be deemed the centre for such purpose, notwith- standing that the actual centre of the roadway may have become altered by reason of the road- way having been widened either on one side only, or on both sides to an unequal extent. 6. The expression " the prescribed distance " means twenty feet from the centre of the roadway where such roadway is used for the purpose of carriage traffic, and ten feet from the centre of the roadway where such roadway is used for the purposes of foot traffic only. G. The expression " new building " means and in- cludes—
Any building erected after the commencement
of this Act ; Any building which has been taken down for
LONDON BUILDING ACT, 1S94. 33
more than one-half of its cubical extent, and re-erected or commenced to be re-erected, wholly or partially, on the same site after the commencement of this Act ; Any space between walls and buildinp^s which is roofed or commenced to be roofed after the commencement of this Act.
7. The ex^jression "bressnmmer" means a wooden
beam or a metallic girder which carries a wall.
8. The expression " level of the ground " means the
mean level of the ground as determined by the district surveyor, or, id the event of disagreement, by the superintending architect, or on appeal, by the tribunal of appeal.
9. The expression " foundation " applied to a wall
having footings means the solid ground or arti- ficially formed support on which the footings of the wall rest, but in the case of a wall carried by a bressummer means such bressummer.
10. The expression " base " applied to a wall means the
underside of the course immediately above the footings, if any, or in the case of a wall carried by a bressummer, above such bressummer.
11. The expression "ground storey" means that storey
of a building to which there is an entrance from the outside on or near the level of the ground, and where there are two such storeys, then the lower of the two : Provided that no storey of which the upper surface of the floor is more than four feet below the level of the adjoining pavement shall be deemed to be the ground storey.
12. The expression " basement storey " me^ns any storey
of a building which is under the ground storey.
13. The expression "first storey" means that storey of
a building which is next above the ground storey, the successive storeys above the first storey being the second storey, the third storey, and so on to the topmost storey.
14. The expression " topmost storey " means the U2:)per-
most storey in a building, whether constructed wholly or partly in the roof or not.
15. The expression "external wall" means an outer
D
34 LONDON BUILDING ACT, 1894.
wall or vertical enclosure of any Lnilding not being a party wall.
16. The expression "party wall" means —
(a) A wall forming part of a building, and used or constructed to be used for separa- tion of adjoining buildings belonging to different oAvners, or occupied, or con- structed, or adapted to be occupied by different persons ; or
(6) A wall forming part of a building and standing to a greater extent than the pro- jection of the footings on lands of different owners.
17. The expression " cross wall" means a wall used, or
constructed to be used, in any part of its height as an inner wall of a building for separation of one part from another part of the building, that building being wholly in, or being constructed or adapted to be wholly in, one occupation.
18. The expression "party fence wall" means a wall
used, or constructed to be used, as a separation of adjoining lands of different owners, and standing on lands of different owners, and not being part of a building, but does not include a wall con- structed on the land of one owner, the footings of which project into the land of another owner.
19. The expres^ion "party arch" means an arch
separating adjoining buildings, storeys, or rooms belonging to different owners, or occupied, or con- structed, or adapted to be occupied by different persons, or separating a building from a public way or a private way leading to premises in other occupation.
20. The expression "party structure" means a party
wall, and also a partition floor or other structure, separating vertically or horizontally buildings, storeys, or rooms approached by distinct stair- cases or separate entrances from without.
21. The expression "height" in relation to any building
means the measurement taken from the level of the footway, if any, immediately in front of the centre of the lace of the building, or, where there is no such footway, from the level of the ground,
LONDON BUILDING ACT, 1894. 35
before excavation, to the level of the top of the parapet, or where there is no parapet, to the level of the top of the external wall, or, in the case of gabled buildings, to the base of the gable.
22. The expression " area " applied to a building means
the superficies of a horizontal section thereof made at the point of its greatest surface, in- clusive of the external walls and of such portions of the part}'' walls as belong to the building.
23. The expression " square " applied to the measure-
ment of the area of a building means the space of 100 superficial feet,
24. The expression "cubical extent" applied to the
measurement of a building means the space con- tained within the external surfaces of its walls and roof and the upper surface of the floor of its lowest storey. 25- The expression " dwelling-house " means a building used, or constructed, or adapted to be used wholly or principally fur human habitation.
26. The ex2n'e^6ion " domestic building " includes a
dwelling-house and any other building not being a public building, or of the warehouse class,
27. The expression " public building " means a building
used, or constructed or adapted to be used as a church, chapel or other place of public worship, or as a school, college or place of instruction (not being merely a dwelling-house so used), or as a hospital, workhouse, public theatre, public hall, public concert-room, public ball-room, public lecture-room, public library or public exhibition- room, or as a public place of assembly, or used or constructed, or adapted to be used for any other public pur[>oso, also a building used or con- structed, or adapted to be used as an hotel, lodging-house, home, refuge or shelter, where such building extends to moi"e than two hundred and fifty thousand cubic feet, or has sleeping accommodation for more than one hundred persons.
28. The expression "building of the warehouse class"
means a warehouse, factor^', manufactorj'', brewery or distillei-y, and any other building
D 2
56 LONDOIN BUILBIKQ ACT, ISOl
exceeding in cubical extent one hundred and fifty tboTisaiid cnbic feet which is neither a public building nor a domestic biiikling.
29. The expression " owner " shall apply to every person
in possession or receipt either of the whole or of any part of the rents or profits of any land or tenement, or in the occupation of any land or tenement other%vise than as a tenant from year to year or for any less term or as a tenant at will.
30. The expression " occupier " does not include a lodger^
and " occupy " and " occi^pation " do not refer to occupation by a lodger,
31. The expression " building owner" means such one
of the owners of adjoining land as is desirous of building, or such one of the owners of buildings, storeys, or rooms separated from one another by a party wall or party structure, as does, or is desirous of doing a woi'k affecting that party wall or party structure.
32. The expression "adjoining owner" means the owner
or one of the owners, and "adjoining occupier" means the occupier or one of the occupiers of land, buildings, storeys or rooms adjoining those of the building owner.
33. The expression " builder " means the person who
is employed to build or to execute work on a building or structure, or where no person is so employed the owner of the building or structure.
3-i. The ex]5ression "superintending architect" means the superintending architect of metropolitan buildings for the time being.
35. The expression "district surveyor" means every such surveyor who is appointed 'u\ pursuance of this Act, or whose apjiointment is hereby con- firmed, and shall include any deputy or assistant surveyor appointed under this Act.
30. The expression " fire- resisting material" means any of the materials and tilings described in the Second Schedule to this Act.
37. The expression " inhabited " applied to a room means a room in which some person passes the night, or which is used as a living room, in-
LONDON BUILDING ACT, lF9i. 37
eluding a room with respect to which there is a probable presumption (until the contrary is shown) that some person passes the night therein, or that it is used as a living room.
38. The expression "habitable" applied to a room
means a room constructed or adapted to be inhabited,
39. The expression "the Metropolis Management Acts "
means the Metropolis Management Act, 1855, and the Acts amending the same, or any one or more of those Acts.
40. The ex]3res.sion " London " means the administrative
comity orf London. 4i, The expression "the Council" means the London County Council.
42. The expression " local authoiity " means the Yestry
ox District Board of Works under the Metropolis Management Acts, within whose parish or district the building, structure, place, land or thing referred to is, or will be, or in the City^ the Commissioners of Sewers, or in the parish of Woolwich the Woolwich Local Board of Healtli.
43. The expression " the City " means all parts now
^\'ithin the jurisdiction of the Commissioners of Sewei-8.
44. The expression " Corporation " means the mayor,
aldermen and commons of the City of London.
45. The expression " Guildhall " means the land, offices,
courts and buildings commonly called the Guildhall, and the offices, courts and buildings adjoining or appurtenant thereto, which now are used by, or may hereafter be eivected for the use of the Corpoiation, or of any committee, com- mission or society appointed by them.
4G. The expression " Commissioners of Sewers " means the Commissioners of Sewers of the City of London.
47. The expression " the tribunal of appeal " means the tribunal of appeal constituted by this Act.
^8
LOXDON BUILDING ACT, 1894.
Part II.
FORMATION AND WIDENING OF STREETS.
Q — From and after the commencement of this Act streets shall not be made and ways shall not be widened, altered or adapted so as to form streets, otherwise than subject to and in accordance with the provisions set forth in this Part of this Act. Provided that this Act shall not affect the powers of any local authority to widen, alter or im- prove any street.
7 — Before any person commences to form or lay out any street, whether intended to be used for carriage traffic or for foot traffic only, such person shall make an application in writing t(j the Council for their sanction to the formation or laying out of such street, either for carriage traffic or for foot traffic (as the case may be) :
Every such ajiplication shall bo accompanied by plane and sections, with such particulars in relation thereto, as may be required by printed regulations issued by the Council, and the Council shall forthwith communicate every such application to the local authority :
And no person shall commence to form or lay out any street for carriage traffic or for foot traffic without having obtained the sanction of the Council.
8 — For the purposes of this Part of this Act a person shall be deemed to commence to form or lay out a street if he erect a fence or other boundary, or lay down lines of kerbing, or level the surface of the ground so as to define the course or direction of a street, or if he form the foun- dations of a house in such manner and in such position as that such house will or may become one of three or more houses abutting on or erected beside land on which a street is intended to be, or may be thereafter laid out or formed. Provided that no person sh;dl be deemed to commence to form or lay out a street if he do any of the acts in this section mentioned for some purpose other than that of forming or laying out a street.
9. — In any of the cases following but in no other case (that is to say) : —
1. Where any street is proposed to be formed or laid
LONDON BUILDING ACT, 1894. 39
out for caiTiage traffic, without being of or being widened to the full width of forty feet clear, or such other width as may be required under the provisions of this Act ;
2. Where any street is proposed to be formed or laid
out for foot traffic only, without being of or being widened to the full width of twenty feet clear ;
3. Where any street exceeding sixty feet in length or
any street not exceeding sixty feet in length, of which the length is greater than the width, is proposed to be formed or laid out without being open at both ends from the ground up- wards ; 4t Where any street not being within the City is pro- posed to be formed or laid out in such manner that such street will not, at and from the time of forming and laying out the same, afford direct communication between • two streets, such two sti'eets being (where it is intended to form or lay out such street for carriage traffic) streets formed and laid out for carriage traffic ;
5. Where it is proposed to form or lay out any street,
not being within the City, for foot traffic only, and it appears to the Council that such street should not be formed or laid out for foot traffic only, or that such street should be formed or laid out for foot traffic only subject to con- ditions ;
6. Where the street is proposed to be formed or laid out
for carriage traffic with any gradient steeper than one in twenty ;
7. Where it is proposed to form or lay out any street
in f^uch manner as to be in contravention of any
bye-law of the Council ; it shall be lawful for the Council by order at any time within the period of two months after the receipt of the application, to refuse to sanction, or to sanction subject to such conditions as they may by such order prescribe, the formation or laying out of such street for carriage traffic or for foot traffic only, as the case may be, provided that the Council shall within such period give notice to the applicant of such order, stating fully all their reasons for
40 LONDON BUILDING ACT, ISM.
such refusal or the imposition of such conditions, as the case may be :
Provided that if within the said period of two months the Council fail to give notice of their refusal to sanction the formation or laying out of such street, or of their dis- approval of any such plan or section, they shall be deemec! to have given their sanction thereto,
10 — !• Before any person commences —
(a) To adapt for cari-iage traffic any street or way not previously so adapted, or to use or permit to be used for carriage traffic any street or way not previously so adapted ; (5) To adapt as a street for foot traffic only or as a public footway any way not pre- viously so adapted ; such person shall make an application in writing to the Council for their sanction thereto, and such application shall be accompanied by plans and sections and such par- ticulars in relation thereto as may be required by printed regulations is.siied by the Council, and the Coiincii shall forthwith communicate ever^^ such application to the local authority, and no person shall commence to execute any such work without having obtained the sanction of the Council.
2. Within two months after the receipt of any such aj^plication the Council shall either sanction the plans and sections or give notice to the apjdicant of their disapproval thereof, stating fully all their reasons for such disapju-oval. Provided that if within the said period of two months the Council fail to give notice of their disapproval of any such plan or section, they shall be deemed to have given their sanction thereto.
3. A i)erson shall be deemed for tlie purposes of this Part of this Act to commence to execute a work within the meaning of this section if he erect a fence or other boundary or lay down lines of kerbiug or level the surface of the ground so as to define the course or direction of a work within the meaning of this section, or if he form the foundations of a house in such manner and in such position as that such house will or may become one of three or more houses abutting on or erected beside land on which
LONDON BUILDING ACT, 1894.
41
a street is intended to be or may be thereafter laid out or formed. Provided that no person shall be deemed to commence to execute a work within the meaning; of this section if he do any of the acts in this sub-section men- tioned, for some purpose other than that of executing a work within the meaning of this section.
4. Before any person commences to widen on either side to a less extent than the prescribed distance any part of a street or way which (being adapted for carriage tiafitic) is less than forty feet in width or (being adapted for foot traffic only) is less than twenty feet in width, he shall give notice in writing to the Council, accom])anied by a plan showing the extent of the proposed widening, and no person shall commence to execute any such widening until after the expiration of two months from the date of such notice, unless with the previous sanction of the Council.
11 — In any of the cases following, but in no other case Grounds for (that is to say) :-_ _ '^^^S^
1. Whenever it is proposed to adapt for carriage traffic adaptation
any street or way (not previously s(j adapted) streets, where there are houses or buildings either on both sides thereof or only on. one side thereof, without a distance of at least twenty feet clear being left between the centre of the roadway and the nearest external wall of the houses or build- ings on the side of the street or way to which the measurement is taken, or (if there be fore- courts or other spaces left between such external wall and the roadway) without there being a distance of at least twenty feet clear between the centre of the roadway and the external fences or boundaries of such forecourts or other spaces ;
2. Where it is proi:)Osed to adapt as a street for foot
traffic only or as a public footway any way not previously so adapted, without the same being of or being widened to the full width of twenty feet clear, measured as aforesaid ;
3. Where any such adajjtation would result in the
formation of a street exceeding sixty feet in length, or a street not exceeding sixty feet in length, of which the length is greater than the
42 LONDON BUILDING ACT, 1894.
wifith, and in either case not being open at both ends from the ground upwards ;
4. Where any such adaj)tation would result in the
formation of a street, not being within the City and not affording direct communication between two streets, such two streets being (where it is intended to form or lay out such street for carriage traffic) streets formed and laid out for carriage traffic ;
5. Where the adaptation will result in the formation or
lajnng out of a street, not being within the City, for foot traffic only, and it appears to the Council either that such street should not be formed or laid out for foot traffic only, or that such street should be formed or laid out for foot traffic only subject to conditions ;
6. Where the adaptation would result in the formation
of a street for carriage traffic with any gradient steeper than one in twenty ;
7. Where the adaptation is proposed to be made in such
a manner as to be in contravention of any bye- law of the Council ; it shall be lawful for the Council by order at any time, within the said period of two months after the receijit of the application, to refuse to sanction or to sanction (subject to such conditions as they may by such order prescribe) the adaptation proposed by the application. Provided that the Council shall within such period give notice to the applicant of such order, stating fully all their reasons for such refusal or the imposition of such conditions, as the case may be. Provided also that if Avithin the said period of two months the Council fail to give notice of their refusal to sanction such adaptation or of their sanction of the adaptation subject to conditions, they shall be deemed to have given their sanction thereto.
12 — In aiiy case where it is intended —
(a) To form or lay out any street, not being
Avithin two miles of Saint Paul's Cathedral,
for carriage traffic ; {h) To adapt or permit to be u.sed for carriage
traffic any street or way (not being within
two miles of Saint Paul's Cathedral) not
previously so adapted ;
reference to streets.
LONDON BUILDING ACT, 1894. 43
and the Council shall deem it expedient in the public interest that the street or way should, by reason of its length or importance, or in consequence of its foiming, or being so situate as to be likely to form, part of an im- portant line of communication, or for other sufficient reason, be of a greater Avidth than forty feet clear, they may make it a condition of their sanction that the street or way shall be throughout, or in such part as they may direct, of a greater width than forty feet, but nothing in this section shall authorise the Council to require a greater width than sixty feet :
And before requiring that any street or -way shall be wider than forty feet the Council shall give notice of their intention to the local authority, in order that the local authority if they think fit may make a representation to the Council.
13 — 1. No person shall erect any new building or new Position of structure or any part thereof, or extend any building or intra with structure or any part thereof in such manner that any external wall of any such building or structure, or (if there be a forecourt or other space between such external wall and the roadway) any part of the external fence or boundary of such forecourt or other space, shall, without the consent in writing of the Council, be in any direction at a distance less than the prescribed distance from the centre of the roadway of any street or way (being a high- way). ^
2. Where the Council after consulting the local au- thority shall deem it expedient in the public interest, either by reason of the length or importance of the street or way, or by reason of the street or way foiming, or being so situate as to be likely to form, part of an important line of communication, or for other sufficient reason, that the prescribed distance from the centre of the roadway of any such street or way should, where such roadway is used for the purpose of carriage traffic, be greater than twenty feet, it shall be lawful for the Council to de- termine that the prescribed distance shall be such greater distance not exceeding thirty feet from the centre of the roadway of such street or way on either t-ide or both sides as the Council shall see fit to determine. This sub- section shall not apply to any street or way within two miles of Saint Paul's Cathedral.
44 LOXnOX DUILDIXG ACT, ISOi.
3. Tn case the person intending to erect, form or extend any such building-, structure, forecourt or space shall be dissatisfied with the deteriuiiiation of the Council that the prescribed distance shall be greater than twenty feet from the centre of the roadway, he may aj^peal to the tribunal of appeal against such determination of the Council,
4. The Council may in any case wliere they think it expedient consent to the erection, formation or extension of anj' building, structure, forecourt or space at a distance less than the prescribed distance from the centre of the roadway of any such street or way, and at such distance from the centre of such roadway and subject to such con- ditions and terms (if any) as they may think {)roper to sanction. Provided that the giving of such consent by the Council shall not in any way affect any rights of the owners of adjoining land. Before giving such consent the Council shall communicate to the local authority their in- tention to give the same. Any yserson dissatisfit-d with the determination of the Council under this sub-section may appeal to the tribunal of appeal.
5. Provided that where any person intends to alter or re-erect a building or structure existing either at the commencement ot this Act, or at any time within seven years previously, and which shall not be or shall not have been in conformity with the provisions of this section re- lating to new buildings and sti'uctures, such person may cause to be prepared plans showing the extent of such building or structure (or in the event of such building or structure having ceased to exist before the commencement of this Act or having been accidentally destroyed, the best plans available under all the circumstances of the case), and the extent of the forecourt or other open space (if anj') beiween any external wall of such building or atructure and the roadway, and may cause such plans to be submitted to the district surveyor, who shall (if reason- ably satisfied with the evidence of their accuiac}-) certify the same under his hand, and such certificate sliall be taken to be conclusive evidence of the correctness of the plans. Theieupon it shall be lawful for such person to alter or re-erect such building or structure, but so that no land witiiin the prescribed distance shall be occupied by the re-erected building or structure, or the forecourt or such other open sjiacc as atbresiiid (if anj-), except that
LOXDON BUILDING ACT, 1894. 45
wliich was occupied witliin the prescribed distance by the previously existing building, structure, forecourt or open space :
If such person should fail to submit such plans to the district surveyor, or the district surveyor or the tribunal of appeal shoiild refuse to certify the accuracy of the same, such person shall, in altering or rebuilding the said build- ing or structure, be bound by the preceding provisions of this section in all respects, as though no building or structure had previously existed upon the land within the peiiod aforesaid. Provided always that no dwelling-house to be inhabited or adapted to be inhabited by persons of the working class shall without the consent of the Council be erected or re-erecteil within the prescribed distance to a height exceeding the distance of the front or nearest external wall of such building from the opposite side of such street, and that no building or structure shall be converted into such dwelling-house within the prescribed distance so as to exceed such height :
Provided that this section shall not prevent the re-erec- tion of any such dwelling-house erected previously to the passing of this Act by a local authority.
6. Nothing in this section shall affect the exercise of any powers conferred upon any railway company by any special Act of Parliament for railway purposes.
14 — In every case where any new building or new Notice to structure is erected at a distance in any direction from the preceding' centre of the roadway of any street or way less than the sectioi.. distance permitted under this Part of this Act, or contrary to the conditions and terms (if any) subject to which the Council or the tribunal of appeal has sanctioned the erec- tion of such building, the Council may serve a notice upon the owner or occupier of the said building or structure, or upon the builder, requiring him to cause such building, structure, forecourt or space, or any part thereof, to be set back so that every part of any external wall of such build- ing or structure, or of the external fence or boundary of such forecouit or space, shall be at a distance in every direction from the centre of the roadway of such street or way not less than the distance so permitted, and shall be in accordance with such conditions and terms (if any) as the Council or the tribunal of appeal may have prescribed.
46 LONDON BUILDING ACT, 1894.
15 — In f^ny case where —
1. Tlie Council under this Part of this Act make it a
condition of their sanction to —
(a) the formation or hiying out of any street for carriage traffic over land, which, either at the commencement of this Act or at any time within seven years previously, has or shall have been occupied Ly build- ings or by market gardens ; or (h) the adaptation or use for carriage traffic of any street or way not previously so adajjted or nsed that the street or way shall be througlioiit or in any part of a greater width than forty feet ; or
2, The Council determine that the piescrihed distance
from the centre of the ruadway shall be greater
than twenty feet ; the Council shall be liable to j)ay to the owner of land or buildings required for such greater width or such greater prescribed distance compensation for the loss or injury (if any) sustained by him by such requirement. The amount of such compensation, if not agresd within two months from tlie time of such condition being made or determina- tion arrived at, n\&.y (unless the Council waive the con- dition or determination) be recovered in a summary manner except where the amount of compensation exceeds fifty pounds, in which case the amount thereof shall he settled by arbitration according to the provisions contained in the Lands Clauses Acts, which are applicable where ques- tions of disputed compensation are aiithorised or required to be settled by arbitration, and for tliat purpose those Acts so far as applicable shall be deemed to be incorpo- rated with this Act ;
Pro\ ided always that within two months from the time of such condition or determination being made or arrived at, if the amount of such compensation has not been settled before the expiration of such time, it shall be lawful for the Council to waive such condition or determination. Provided also that if the Council waive such condition or determination they shall pay to the owner the reasonable costs, charges and expenses incurred by him in conse- quence of such condition or determination, and in con- nection with the negotiations for the settlement of the amount of compensation :
LONDON BUILDING ACT, 1894.
47
For the jiurpose of this section the expression " OAvner " has the same meaning as in the Lands Clauses Acts.
16 — Where after the commencement of this Act — (i.) Any new buikling or structure is erected or com- menced in such a manner that —
(a) any part of any external wall of any such
building or structure ; or if there be between such external wall and the roadway any forecourt or other sjDace —
(b) any part of the external fence or boundary
of such forecourt or space is or will be in any direction distant from the centre of the roadway of any way (not being a highway) less than the prescribed distance, or less than such other distance as may have been sanctioned by the Council or the tribunal of appeal ; or
(ii.) Any conditions or terms subject to which the sanc- tion of the Council or the tribunal of appeal in relation to any such building, structure, forecourt or space was obtained have not been complied with ; or
(iii.) The time during which such sanction was limited to continue has expired ; the way shall not become a highway except subject to the following provisions : —
(i.) A written notice shall be served upon the Council of the proposal to make the way a public highway ;
(ii.) The Council may at any time^within two months after the receipt of such notice serve a notice upon the owner of such building, structure, fore- court or space, or the builder, requiring him to cause the same or any part thereof to be set back so that every part of any external wall of such building or structure, or of the external fence or boundary of such forecourt or space, shall be in every direction at a distance not less than the prescribed distance from the centre of the road- way of such way, or at such distance and accord- ing to such conditions and terms (if any) as the Council or the tribunal of apjieal may have sanc- tioned and prescribed ;
As to erec- tiun of buildings at less thai) prescribed distinco from centre of ways not being high- ways.
LONDON BUILDING ACT, 1894.
Sanction to construction of new buildings at less than preseriljed distance.
Regulalions to be printed and supplied.
Appeal.
As to private roads laid out by a i-aihvay company.
(iii.) Unless and until such first-mentioned notice has been given to the Council and such last-men- tioned notice (if anj^) has been complied with the way shall not become a highway : Provided that this section shall not affect the erection or extension of any building or structure within the limits of any area which may have been lawfully occupied by any building or structure at any time w'ithin two years before the twenty-second day of July, one thousand eight hundred and seventy-eight, or the erection or extension of any building or structure lawfully in course of erection or extension on the said twenty-second day of July.
17 — The Council may sanction the erection of any new building or structure at any less distance than the pre- scribed distance from the centre of the roadway of any way (not being a highway), to be specified in such sanc- tion, or the continuance of any new building or new structure erected at such less distance, or the continuance thereof for a limited time only to be specified in such sanction, in such cases and subject to such terms and con- ditions (if any) as they may think proper. And any such sanction may be framed in such manner as to apply to all new buildings in any such way or any part thereof. Pro- vided that the giving of 8uch sanction by the Council shall not in any manner affect any rights of the owners of adjoining laud.
18— Copies of the printed regulations of the Council issued for the purposes of this Part of this Act shall be kept at the county hall and supplied at all reasonable times without charge to any applicants for the same.
19 — Whenever any applicant, under Part II. of this Act, for the sanction of the Council to the formation or laying out of a street, or the ada})tation of a !>treet or way for carriage or foot traftic, or for the certificate of a district surveyor, is dissatisfied with the refusal or conditional grant of such sanction, or with any condition imposed by the Council, or with the refusal of such certificate as aforesaid, he may appeal to the tribunal of a2)2:)eal.
20 — Nothing in this Part of this Act shall extend or apply to any private road formed or laid out liy a railway
LONDON BUILDING ACT, 1891. 49
company, and used as an approach to a station or station yard, or as an approach to land used for railway purposes.
21 — Notwithstanding anything in this Act, any build- Kx-'miitin;; ings to be erected upon any lands now belonging to the sch<).'.i' mo ird School Board for London, or over which they have powers ijuiuiiug-s. of compulsory purchase, or may acquire such powers in the present session of Parliament, may be erected in ac- cordance with the provisions of any Act in force imme- diately before the passing of this Act.
Part III. LINES OF BUILDING FEONTAGE.
22 — 1- No building or structure shall, without the Modccf consent in writing of the Council, be erected beyond the with^-I^gaM general line of buildings in any street or part of a street, *» buiiiii..;;^ place, or row of houses, in which the same is situate, in Jf sueet.'"* case the distance of such line of buildings from the high- way does not exceed 50 feet, or within 50 feet of the highway, when the distance of the line of buildings therefrom amounts to or exceeds 50 feet, notwithstanding there being gardens or vacant spaces between the line of buildings and the highway. Such general line of build- ings shall, if required, be defined by the superintending architect by a certificate, such certificate to be issued within one month from the date of the application therefiu-.
2. This section shall not apply to any building or structure erected after the commencement of this Act upon laud which either at the commencement of this Act, or at any time within seven years previously has or shall have been lawfully occupied by a building or structure-.
23 — 1- In case any building or structure which shall Uuii.iinsca in any part thereof project be\ond the general line of {J[!j^,^j"^ buildings in a street, or be\ ond the front of the building, gem rai iin> Wall or railing on either side thereof, shall at any time dow" t',', be' be taken down to an extent exceeding one-half of the ^" '''"^^''• cubical extent of such building or structure, or shall be destoyed by fire or other casualty, or demolished, pulled down or removed from any other cause to the extent aforesaid, it shall be lawful for the Council to require the
E
50 Loynoy buildixg act, 1894.
same building or stiuctnre, or any new biailding or strnc- ture proposed to T)e erected on the site or any part of the site thereof, to be set back to such a line and in snch a manner as the Council shall direct.
2. The Council shall make compensation to the owner of such building for any damage and expenses which he may sustain and incur thereby, and the amount of such compensation, if not agreed between the Council and the parties concerned, shall be recovered in a summary manner, except where the amount of compensation claimed exceeds fifty pounds, in which case the amount thereof shall be settled by arbitration according to the provisions contained in the Lands Clauses Acts, which are applicable wht re questions of disputed compensation are authorised or re- fjuired to be settled by arbitration, and for that purpose those Acts so far as applicable shall be deemed to be incorporated with this Act. For the purpose of this section the expression "owner" has the same meaning as in the Lands Clauses Acts.
is'otices of 24 — The superintending architect shall, within four-
gonerariim^. teen days after the i.^sue of the certificate defining the general line of buildings in any street or part of a street, place or row of houses, cause a notice of his certificate to be served on the local authority, and on the owner of the build- ing or land to which the certificate relates, and on the owner of the houses in the same bkick or row within a distance not exceeding fifty yards on either side of the building or land to which the certificate relates, or, where there is no such ])lock or row, upon the owner of the adjoining land on either side of the building or land to which the cer- tificate relates. Certificates made by the superintending architect under this Pait of this Act shall be preserved by the Council, and be open to inspection at all reasonable times by all persons desiring to insjiect the same.
Appai_ 25 — The local authority, or any person deeming to be
i'ito'te IT' aggrieved by the certificate of the superintending architect, I"'*:!' '*'! ['^ may appeal to the tribunal of appeal.
26^Iii giving their ccmsent for the erection of any
lin
('■m'iitio'i
■my be building or structure beyond the general line of buildings,
?o!i'srn*t'u" i" '•'I'y street or part of a street, place, or row of houses,
buiidint: iu the (J'juucil may attuch any conditions to such cunsejit,
front ot "^ "^
jentrul line.
LONDON BUILDING ACT, 1894.
51
and such conditions may include any or all of tlio con- ditions fullowiug, viz. : —
1. Tlaat land in front of the building or structure to
such an extent as the Council may think proper shall be dedicated to and left open for the use of the public.
2. That the building or structure shall be used only
for such purposes as may be specified in the consent, or shall not be used for any particular purj? ises specified in the consent, unless with the further consent of the Council, obtained when a change of purpose is desired. And generally any other condition which the Council may deem it expedient to impose in the public interest.
27 — The consent by the Council to the erection of any building or structure beyond the general line of buildings in any part of a street, or the erection of such building or structure, shall not be deemed to affect or alter in that or any other part of the street the general line of buildings as existing at the time of such consent.
Consent not ti) affect rest of general line.
28 — The Council shall keep a register of all conditional consents given by them under this part of this Act, and shall keep the same open for inspection by all persons interested at all reasonable times.
29 — The superintending architect shall, if required by the Council, the local authority, or any person interested for the purposes of this Part of this Act, determine in any case in what street or streets a building or structure is situate, such determination to be evidenced by his cer- tificate. Any person aggrieved by such certificate may appeal to the tribunal of appeal.
30— This Part of this Act shall not apply within the City.
31— ^''othing in this Part of this Act shall affect the exercise of any powers conferred upon any railway company by any special Act of Parliament for railway purposes.
Register of conditional consents to be kept and oi)en for inspection.
Defining in what street a buiUlinii cir strncture is situate.
Part of Act not to apply iu City.
Ci-rtain powers uf railway com- panies nut unVcte.l by this I'arl of Act.
52 LONDON BUILDING ACT, 1894.
Part IV.
NAMING AND NUMBERING OF STREETS.
Notice f.f 32 — Before any name is given to any street, notice of
st'ieit*™'^ ^'^ ^1^^ intended name shall be given to the Council, and the Council may by notice in writing, given to the person by whom notice of sixch intended name has been given to them, at any time within one month after receipt of such notice, object to such intended name ; and it shall not be lawful to set up any name to any street in London until the expiration of one month after notice thereof has been given as aforesaid to the Council, or to set up any name objected to as aforesaid.
Affixing 33 — The local authority shall and may cause the name
Itn'etl u- *^'-^ every street to be painted or affixed on a conspicuous i..cai uut'ho- part of some liouso or building at or near each end or '^''•^' entrance to such street, or some other convenient jiart of
the street, and shall renew such name whenever it may be
obliterated or defaced.
Altering 34 — Tho Council may by order alter the name of anj'-
"tiecas"^ street to any other name which to the Council may seem fit.
Notice of 35 — OiiG month before making an order altering the
altering name of a street, the Council shall notify their intention
names 01 ' . iii i-
streets. of making such alteration to the local authority, and shall
also cause notice of their intention to bo posted at each end of the street, or in some conspicuous position in the street, or, at the option of the Council, to be notified by circular delivered at every house in the street.
Every such notice shall state that the order altering the name of the street may be issued on or after a day to be therein named, if no objection in writing to the proposed alteration l>e given to the Council.
houses
Numbering 36 — !• '^^^ Council may order that any houses or
buildings in any street, or way, or any part thereof, shall for tho purpose of distinguishing the same, bo marked with such numbers as they shall deem convenient for that j)urpose, and which they shall specify in their order in that behalf.
LONDON BUILDING ACT, 1894.
S3
2. Whenever tlie Council have made any such order they shall transmit a copy thereof to the local antliority, and it shall be the duty of the local authority to perform all necessary acts, and to take all requisite })i oceedings for carrying the order of the Council into execution.
3. The local authority shall give notice to the owners or occupiers of the hoiises and buildings in such street or way to mark their several houses and buildings with such numbers as the Council shall have ordered, and to renew the numbers of such houses or buildings as often as they are obliterated or defaced.
4. If any occupier of any such house or building neglect for one week after notice from the local authority to mark such house or building with such number as shall be mentioned and required in such notice, the local authority may and shall cause such number to be so marked or renewed, and recover the expenses thereof from the owner or occupier of such house or building in a summary manner.
37 — Whenever the Council have transmitted a copy of any order made by them in pursuance of the provisions of this Part of this Act to any local authority, and such local authority have for the space of three months after the receipt of such order failed to perform all or any of the neces.-ary acts, or to take all or any of the requisite proceedings for carrying such order into execution, then, and in every such case the Council may perform all or any of such necessary acts, or take all or any of such necessary proceedings which the local authority have failed to perform or take, and the Council may exercise all the rights, powers, authorities and jurisdiction of a local authority with respect thereto, including the recovery of expenses from owners of houses and buildings.
38 — The Council shall keep a register of all alterations made by them in the names of streets and in tlie numbers of the houses therein, and such register shall be kept in such form as to show the date of every such alteiation, and the name of the street previous to such altei'ation as well as the new name thereof. It shall be lawful for any person to inspect such register, and to take a copy of any portion thereof, upon payment of such reasonable fee as the Council may from time to time determine.
Power to Council to name and number streets in default of local autho- rity comply- ing witli order.
Register to be liept of alterations in names of streets.
54
LONDON BUILDING ACT, 189-i.
Sloaning of " dome.-tic buildin lhis Part of Act.
m
Light and vontihitionof habitable ba&ciutnts.
Space at rear of donic'-tic builuii:gs.
Part V.
OPEN SPACES ABOUT BUILDINGS AND HEIGHT OF BUILDINGS.
39 — Por the purposes of this Part of this Act the ex- pression " domestic buikling," shall not include any buildings used or constructed, or adapted to he used wholly or principally as offices or counting-houses.
40 — III the case of dome-stic buildings erected after the commencement of this Act which shall have a habitable basement, there shall for the purpose of giving light and air to such basement be provided in the rear of the building and exclusively belonging thereto, an open space of an aggregate extent of not less than one him- dred square feet free from any erection thereon above the level of the adjoining pavement, which open space, not- withstanding anything hereinafter contained, need not necessarily adjoin the rear boundary of the premises.
41 — !• With respect to domestic buildings erected after the commencement of this Act, and abutting upon a street formed or laid out after the commencement of this Act, the following provisions shall have efiect : —
(i.) There shall be provided in the rear of every such buikling an open space exclusively belonging to such building, and of an aggregate extent of not less than one hundred and tilty square feet ;
Where there is a basement storey directly and sufficiently lighted and ventilated by the open space provided under the preceding section, irrespective of any use to whicli the ground storey is appropriated, or where there is no such basement storey, but where the ground storey is not constructed or adapted to be inhabited, the open space required by this section may be pro- vided above the level of the ceiling of the ground storey, or a level of sixteen feet, exclusive of lantern lights, measured from the level of the adjoining pavement ;
In all other cases the open space shall be free
ILLUSTRATION AS TO SEC.4I.BACK YARDS.
I Cen tTe of
7avf7Ht»\j[
h-^^.
K
C^
IS • ^^^ •
cCi';
//c..
■,iai
Jit t-n^e
PLAN .
fimUhrif/s iiro t-rr<:U^;fy ahiMing 07i Streets l/iid out after i^.t JiHUia^y 1S9.5S:- tJu strmmncy i^ ret<Ji^e<l wh^re ih^ Dom-rsU^ Bu^fr/rn/johatsonStre^t^f^iA oiity he/ore t^^ ro/runrrirfm-frit of Aci
LOXDOX BUILDING ACT, 180-i. 55
from any erection thereon above the level of the adjoining pavement, except a water-closet, earth- closet or privy, and a recejitacle for ashes, and enclosing walls, none of which erections shall exceed nine feet in height ; (ii.) Snch open space shall extend throughout the entire width of such building, and to a depth iu every part of at least ten feet from such building ; (iii.) The height of any such building in relation to the space required in the rear thereof ^-hall be fixed and ascertained as follows : —
(a) An imaginary line (hereafter referred to as " the horizontal line,") shall be drawn at right angles to the roadway foimed, or to be formed iu front of the building, and through or directly over a point in front of the centre of the face of the building ; (h) The horizontal line shall be produced to intersect the boundary of the open space furthest from the said roadway;
(c) The horizontal line shall be drawn
throughout at the level of the pavement foimed or to be formed in front of the centre of the building, unless the site of the building incline towards the roadway or site of the roadway, in which case the horizontal line shall be di-awn directly over the said point in front of the centre of the face of the building at the level throughout of the gmund, at the boundary of the space furthest from such roadway where such boundary is intersected by the horizontal line ;
(d) A second imaginary line (in this Part of this Act called "the diagonal line") sliall bo drawn in the direction of the building above and in the same vertical piano with the horizontal line, and in- clined thereto at an angle of sixty-three and a half degrees, and meeting the horizontal line where it intersects the boundary of the space furthest removed from such roadway ;
56 LOXDON BUILBIXG ACT, 1894.
(e) No part of such Lnilding shall extend above the diagonal line exce])t chimneys, dormers, gahles, turrets or other archi- tectural ornaments, aggregating in all to not more than one-third of the width of the rear elevation of such building, and except any building which under the provisions of this section is permitted ou the open space ;
(/) When the pavement in front of a building is not all on one level, then for the pur- pose of compliance with this section the mean level of such pavement shall be deemed to be the level thereof. And where the boundary of the space at the rear of such building is not parallel with the rear wall of the building, then for the purpose of this section the horizontal lino shall be diawn to a point distant from siich rear wall, the mean distance from such wall of the boimdary of the space at the rear of such biiilding, whether such point be beyond the said boundary or not ;
(r/) When the bound aiy of the space at the rear of any such building shall be so irregular in shape that a doubt arises as to how the measurement shall be taken, application shall be made to the Council, and the ajiplicant if dissatisfied with the determination of the Council may appeal to the tribunal of ajipeal.
(/() Wlien the land at the rear of any such building and exclusively belonging thereto abuts immediately upon a street, or ixpon an open space which is dedicated to the public, or the maintenance of which as an open space is secured permanently or to the satisfaction of the Council by covenant or otherwise, the horizontal line shall be produced and the diagonal line may be drawn from the horizontal line at the centre of the roadway of such street at the level of the surface thereof, or at the
LOXDOX BUILDING ACT, 1894. $7
further boundary of such open space, and it shall not be ne(;essary to provide any open space at the rear of such building : (iv.) The Council may —
(a) In the case of a biiilding at a corner abutting upon two streets ;
(b) In the case of a building at a corner
abutting on one side upon a street, and on another side upon an open space not less than forty feet wide at any part, the main- tenance of which as an open space is secured permanently, or to the satisfaction of the Council by covenant or otherwise ; permit the erection of buildings not exceeding thirty feet in height, upon such part of the space in the rear as they may think fit, provided that the Council be satisfied that such buildings shall be so placed as not to interfere unduly with the access of light and air to neighbouring buildings ; When the Council refuse any application under this sub-section for permission to erect a building not exceeding thirty feet in height upon the space at the rear, the applicant if dissatisfied with the determination of the Council may appeal to the tribunal of appeal : (v.) In the case of buildings at a corner as hereinbefore described, nothing in this Part as to the deter- mination of height by the diagonal line shall prevent the return front of such buiMings being carried up to the full height of the front elevation for a distance of forty feet, or for such less liistance as the requirements for open space at the rear may demand : (vi.) In exceptional cases where, owing to the irregular shape of the land, any of the preceding provisions of this section cannot be applied, the Council may allow such modifications as they may think fit, provided the Council be satisfied that such modifications shall not interfere with the due access of light or air ; and all peisons interested, dissatisfied with any determination of the Council under this sub-section, may appeal to the tribunal of appeal.
58
LOXDOX BUILDING ACT, 1894.
2. With respect to domestic buildings, erected after the commencement of this Act, abutting upon a street formed or laid out before the commencement of this Act, the provisions of this section shall apply with this modifica- tion, that the horizontal line shall be drawn throughout at a level of sixteen feet above the level of the adjoining pavement, and that in any such case (except in the case of dwelling houses to be inhabited or adapted to be inhabited by persons of the working class) tlie open space to be provided in accordance with paragraplis (i.) and (ii.) of sub-section 1 of this section may be provided above the level of the ceiling of the ground storey, or above a level of sixteen feet (exclusive of lantern-lights) above the level of the adjoining pavement.
Provided always that notwithstanding the preceding provisions of this Part of this Act, any part of any domestic building may extend above the diagonal line, i:)rovided that the Council or tribunal of appeal shall be satisfied that an open cubic space of air will be provided at the rear of such building equivalent to the open cubic space which would have been provided at the rear of such building if such diagonal line had been drawn from the ground level in manner provided in sub-section 1 (iii) of this section, and if no part of such building (except as jjermitted under the preceding ])ruvi>ions of this section) had extended above such diagonal line, 'i'he applicant if dissatisfied with the determination of the Council may appeal to the trilmnal of appeal.
IS"othing in this section shall apply to houses abutting in the rear on the L'iver Thames, or on a public park, or on an open space of not less than eighty feet in depth which is dedicated to the public, or the maintenance of which as an open space is secured permanently or to the satisfaction of the Council by covenant or otherwise.
42 — The following provisions shall have effect with respect to dwelling-houses to be inhabited or adapted to be inhabited by persons of the working class, erected after the commencement of this Act, not abutting upon a street : —
(i.) At least one month before commencing to erect any such dwelling-house, the person intending to erect the same shall deliver at the county hall
LOXDON BUILDING ACT, 1804. 59
a sufficient plan or plans exhibiting the extent and height of the intended dwellirg-house in its several parts, and also its position in relation to every other building, either already existing or in course of erection, which is adjacent thereto :
(ii.) In anj^ case where the Council are satisfied, taking all the circumstances of the case into considera- tion, that there will not be provided about such dwelling-house a sufficient open space or spaces for the admission of light and air thereto, it shall be lawful for the Council at any time before the expiration of one month from the delivery of the said plan or plans, by order to refuse to sanction such plan or plans, or to sanction the same subject to such conditions as they may by such order prescribe. Provided always that nothing in this sub-section shall authorise the Council to refuse to sanction such plan or plans, or to pre- scribe any conditions v/hen sanctioning the same, in any case where the open space or spaces for the admission of light and air proposed to be provided about such dwelling-house is, or are, equivalent to the open space or spaces which would have been provided about such dwelling- house under the provisions of this Act, in case the same had been erected after the commence- ment of this Act, abutting upon a street or way formed or laid out before the commencement of this Act :
(iii.) No person shall commence to erect any such dwelling-house without having obtained the sanc- tion of the Council to the plans delivered by him :
(iv.) Unless the Council shall, within one month after the delivery of the said plan or plans to them, give notice to the person delivering the f~arae of their disapproval thereof, the Council shall be deemed to have given their sanction thereto :
(v.) In case any person intending to erect any such dwelling-house considers that the refusal of the Council to sanction the plans delivered by him, or any of the conditions prescribed by the Council is or are unreasonable, he may appeal to the tribunal of appeal.
6o LOS DON BVILDING ACT, 1804.
Saving for 43 — "When any person intends to erect a domestio
nriuin 'bnildin"; (not beinc; a dwelling-honse to Le inhabited or
buildings on adapted to be inhabited by persons of the workiiii!; chiss)
old .-ius. abutting npon a street on the fcite of domestic buiklings
existing at the commencement of this Act, or on a site
vacant at the commencement of this Act, but wliich has
l)een occupied by a domestic buikling at any time within
seven years previous to the commencement of this Act, the
following provisions shall have effect : — ■
(i.) It shall be lawful for such person, before commenc- ing to erect the intended domestic building, to cause to be prepared plans showing the extent of the previously existing domestic building in its several parts (or in the event of such building having been taken down before the commence- ment of this Act, or having been accidentally destroyed, the best plans available under all the circumstances of the case), and to cause such plans to be submitted to the district surveyor, who shall (if reasonably satisfied with the evi- dence of their accuracy) certify the same under his hand, and such certificate shall be taken to be conclusive evidence of the correctness of the jjlans ;
Such person may then erect the intended domestic building, but so that no more land shall be occupied by the newly erected building than was occupied by the previously existing domestic building as so certified. If such person fail to submit such plans to the district surveyor, or the district surveyor or the tribunal of appeal lefuse to certify the accuracy of the same, such person shall in rebuilding be bound by the preceding provisitms of this Part of this Act relating to domestic buildings ererted after the commence- ment of tliis Act, abutting Tipon a street formed or laid out before tliat date : (ii.) If a person erecting the intended domestic building shall desire to deviate in any respect from the plan or plans certified by the district surveyor, it shall be lawful for him to apply to the Council, who shall sanction such deviations on such con- ditions as they may think fit, provided that such
LOXDOX BUILDIXG ACT, 1894. 6l
conditions shall not in any case be more onerous than the conditions prescribed for domestic buildings erected after the commencement of this Act, abutting on a street formed or laid out before that date : (iii.) A i^erson dissatisfied with any decision of the Council or of a district surveyor under this section may appeal to the tribunal of appeal.
44 — When any person desires to re-ari'ange a cleared Laying out area previously occupied in whole or in part by buildings, str"fts..n hy forming or laying out a new street or streets, or widen- cleared area, ing a street or streets, he may make ajiplication to the Coancil with such plans and sections as may be required by the Council, and the Council may, if under all the circumstances of the case they think it desirable, modify or relax any of the foregoing provisions of this Part of this Act, subject to such conditions as the Council may impose.
Within two months after the receipt of the application, the Council shall either sanction the plans and sections or give notice to the applicant of their disapproval thereof, stating fully all their reasons for such disapproval.
Pr(jvided that if within the said jDeriod of two months the Council fail to give notice of their disapproval of any such plan or section, they shall be deemed to have given their sanction thereto.
Any applicant dissatisfied with the determination of the Council may appeal to the tribunal of appeal.
45 — Where a court wholly or in part open at the top Courts but enclosed on every side, and constructed or used for building' admitting light or air to a domestic building, is con- f^tructed in connection with such domestic building, and the depth of such court from the eaves or top of the parapet to the ceiling of the ground storey exceeds the length or breadth of such court, adequate provision for the ventilation of such court shall be made and main- tained b}' the owner of the building by means of a communication between the lower end of the court and the outer air.
No habitable room not having a window directly opening into the external air, otherwise than into a court enclosed on every side, shall be constructed in any building,
62 LONDON BUILDING ACT, 1894.
unless the width of sncli court measured from such window to the opposite wall shall be equal to half the height, measured from the sill of such window to tlie eaves or top of the parapet of the opposite wall.
Provided that a court, of which the greater dimension does not exceed twice the less dimension, shall he held to comply with this section if a court of the same area hut square in shape would comply therewith.
No habitable room above the level of the ground storey, not having a window directly opening into the external air otherwise than into a court open on one side, the depth whereof, measured from the open side, exceeds twice the width, shall be constructed in any building unless every window of such room be placed not nearer to the opposite wall of such court or to any other building than one-half the height of the top of such wall or building above the level of the sill of such window.
46 — Iii fiiiy f'f^se when it may be necessary the super- intending architect shall determine which is the front and which is the rear of a building, such determination t(j be evidenced by his certificate. Any person dissatis- fied with such certificate may appeal to the tribunal of appeal.
47 — A biulding (not being a church or chapel) shall not be erected of, or be subsequently increased to a greater height than eighty feet (exclussive of two storeys in the roof and of ornamental towers, tun-ets, or other archi- tectural features or decorations) without the consent of the Council.
Provided that where a contract shall have been law- fully made lu'eviously to the passing of this Act for the erection or increase of a building to a greater height than eighty feet, nothing in this section shall prevent the erection or increase of such building to any height to which it might have been lawfully erected or increased immediately before the passing of this Act.
This section shall not apjdy to the rebuilding to the same height as at present of any building existing at the passing of this Act of a greater height than eighty feet.
Provided also that where any existing buildings forming part of a continuous block or row of bnildings exceed the height prescribed by this section, nothing in
LOXDOX BUILDING ACT, 1894. 63
tliis section sliall prevent any other building in the same block or row, belonging at the date of the passing of this Act to the same owner, from being carried to a height eqnal to but not exceeding that of the existing buildings. Nothing in this section shall affect the exercise of any powers conferred upon any railway company by any special Act of Parliament for railway purposes.
48 — 1- Whenever the Council consent t > the erection Procedure of any building of a greater height than that prescribed greater by this Act, notice of such consent shall, within one week ^j',''^'"', after such consent has been given, be published and served in such manner as the Cuuncil may direct, and the consent shall not be acted on until twenty-one days after such publication or service, or in the event of any appeal again.Nt such consent, until after the determination of such appeal.
2. (a) The owner or lessee of any building or land
within one hundred yards of the site of any intended building who may deem himself aggrieved by the grant of such consent in rcf^pect of the last-mentioned building ; or (Jj) Any applicant for consent which has been refused ; may respectively within twenty-one days after the publica- tion of notice of the consent, or after the date of the refusal (as the case may be), appeal to the tribunal of appeal.
3. Whenever such consent has been refused and the applicant to whom it has been refused intends to appeal against such refusal, such applicant shall give notice within twenty-one daj^s of such refusal, in such manner as the Council may direct, to the owner or lessee of any building or land within one hundred yards of the site of the building to which such refusal relates, that he intends to appeal from such lefusal.
4. In the case of an appeal against the refusal of consent, any owner or lessee of any buikling or land within one hundred yards of the site of the intended building maj- appear and be heard before the tribunal of appeal against any application to reverse or vary tho refusal.
49 — After the coramencement of this Act no existing iieipiitsof building (other than a church or chapel), on the side of a '"'"'""*'' '"
Plate 13.
RECESSES IN EXTERNAL <^ PARTY WALLS & CHASES IN PARTY WALLS.
e
i±_r
7 ■ o
Plan shewing greatest si-xe at chase UTui least cUstan^ce- ia another.
^
«/i
Floe
^ /3'/i
Total area 0/ r PC esses net to' exceect%a^euA 0/ yralt. \
f ;
I ;
L
A. A These cptmngs musi be arched bo compLy \Yith the Act unless ike recess he 5" deep or less.iherv Tnay be corheileci ■ \ Sit Sec. 3-4-. sub. sec. 2 (b).
Do ttei lime she » s alternu-tive arfh ifhich- stUl climprvses in. cu differ 6nt form the lar^esX area, the Act allow s\
TT^or ELEVATION
area cj J^ecesses Sr OpeniYp^s atci'e e>rovLnd storey -not lo excecet /i^a^rea c/h-rU ahoi/s
^rou-n A stcreif.
^
m
PLAN
LONDON BUILT) IN a ACT, WM. 65
tho following provisions sliull in certain cases have
effect : —
If the stable buildings bo limited to a depth of fifty feet, measured froin tho niews fiontage, and to a height of twenty-five feet, meaKured fr(jni tlie h;vel ui' tlie inews, and if the open space required for the dorncHtie building under section 41 of this Act be [)rovided between, tho domestic Ijuilding and the stable building may for all other purposes of the said section, whether in one occupation <^r not, be deemed to be one domestic building with tlio rear abutting upon a street.
Part VI. CONSTRUCTION OF BUILDINGS.
53 — Subject to any bye-laws of tho Council made in structure pursuance of this Act, walls shall be constructed of tho *!'«!, "'/'waiin substances and in the manner and of not less than tho thickness prescribed by this Act or mentioned in the First Schedule to this Act.
54 — !• Recesses and openings may be made in external nuiesiutt/* walls provided- i;::;^;^""
(a) That the backs of such recesses are not of less thickness than eight and a half inches; and
(h) Tliat the area of such recesses and openings above the ground storey do not, taken together, exceed one-half of the whole area of the wall above the ground storey in which they are made. 2. Recesses may be made in party walls provided —
(a) That the backs of such T(^(i<sHH(:H are not of less thickness than thirteeri inches ; and
(h) That over every recess so formed an arch of at least two rings of brickwork of the full depth of the recess be turned on every storey, except in the case of recesses formed for lifts; but where such recess dfXiS not exceed five inches in depth, corbelling in brick or stone may bo substituted for the arching; and
(c) That the areas of such rew^sses do not, taken together, exceed one-half of the whole area of
t
66
LONDON BVILDING ACT, 1894.
Kules as to timber in external
liules as to
bressuni-
mers.
the wall of the story in which they are made ; and (fZ) That such recesses do not come within thirteen and a half inches of the inner face of the ex- ternal walls. 3. An opening shall not be made in any party wall except in accordance with the provisions of this Act in relation thereto.
Provided that it shall be lawful for the superintending architect, on application made to him in accordauce with any rules made in that behalf by the Council, to give consent in writing to any modification or relaxation of the requirements of this section with respect to the area of recesses and openings in any special cases where he may think proper. The word area as used in this section shall mean the area of the vertical face or elevation of the wall or recess to which it refers.
55 — All woodwork fixed in any external wall, except bressummers and storey-posts under the same, and frames of doors and windows of shops on the ground storey of any building, shall be set back four inches at the least from the external face of such wall ; but loophole frames and frames of doors and windows may be fixed flush with the face of any external wall :
Provided that it shall be lawful for the Council, by byelaw or otherwise, to exempt from the provisions of this section, oak, teak or other wood, provided the work be constructed to the satisfaction of the district surveyor.
56 — 1- Every bressummer, whether of wood or metal, shall have a bearing in the direction of its length of four inches at least at each end upon a suflScient pier of brick or stone, or upon a timber or iron storey-post fixed on a solid foundation, in addition to its bearing upon any party wall or external wall, and the district surveyor shall have power in his discretion to require that every bressummer shall have such other storey-posts, iron columns, stanchions, or piers of brick or stone, or corbels, as may be sufficient to carry the superstiucture, and the ends of such bressummer, if of wood, shall nut be placed nearer to the centre line of the party walls than four inches.
LONDON BUILDING ACT, 1894.
67
2. At each end of every metallic bressummer a space shall be left equal to one-quarter of an inch for every ten feet, and also for any fractional part of ten feet of the length of such bressummer to allow for expansion.
3. A bond timber or wood plate shall not be built into any party wall, and the ends of any wooden beam or joist bearing on such walls shall be at least four inches distant from the centre line of the party walls.
4. Every bressummer bearing upon a party wall shall be borne by a templet or corbel of stone or iron tailed through at least half the thickness of the wall, and of the full breadth of the bressummer.
5. The end of any timber not permitted to be placed iti or to have a bearing on a party wall, may be carried on a corbel or templet of stone or iron, or vitrified stoneware, tailed into the wall to a distance of at least eight and a half inches, or otherwise supported to the satisfaction of the district surveyor.
57 — If any gutter, any part of which is formed of com- bustible materials, adjoin an external wall, such wall shall be carried up so as to form a parapet one foot at the least above the highest part of the gutter, and the thickness of the parapet so carried up shall be at least eight and a half inches throughout.
58 — In either of the following cases : —
(a) "When a wall is, after the commencement of this Act,
built as a party wall in any part ; or (6) Where a wall built before or after the commence- ment of this Act becomes after the commence- ment of this Act a party wall in any part ; the wall shall be deemed a party wall for such part of its length as is so used.
59- — 1- Every party wall shall be carried up of a Height of thickness in a building of the warehouse class equal to ^'"^^' "^'J^j" the thickness of such wall in the topmost storey, and in any other building of eight and a half inches above the roof, flat or gutter of the highest building adjoining thereto, to such a height as will give a distance (in a building of the warehouse class exceeding thirty feet in height) of at least three feet, and (in any other building) of fifteen inches, measured at right angles to the slope of the roof,
F 2
68 LONDON BUILDING ACT, 1894.
or fifteen inches above the highest part of any flat or gutter, as the case may he.
2. Every party vrall shall be carried up of the thickness aforesaid above any turret, dormer, lantern light or other erection of combustible materials fixed upon the roof or flat of any building vv^ithinfour feet from such party wall, and shall extend at the leaist twelve inches higher and ■wider on each side than such erection, and every party wall shall be carried up above any part of any roof ojiposite thereto, and vi^ithin four feet therefrom.
liuies as to 60 — I^ ^ P^^'ty '^'^^^^ a chase shall not be made wider
b'T ^w\i<i 'than fourteen inches, nor more than four and a half inches deep from the face of the wall, nor so as to leave less tLan eight and a half inches in thickness at the back or opposite side thereof, and a chase shall not be made within a distance of seven feet from any other chase on the same side of the wall, or within thirteen inches from an external w^all. No chase shall be made in a wall of less thickness than thirteen inches.
Kuicsasto 61 — 1- The flat, gutter and roof of every building, and
every turret, dormer, lantern light, skylight or other erection placed on the flat or roof thereof shall be exter- nally covered with slates, tiles, metal or other incombustible materials, except wooden cornices and barge boards to dormers not exceeding twelve inches in depth, and the doors, door frames, windows, and window frames of such dormers, turrets, lantern lights, skylights or other erections.
2. Every building exceeding thirty feet in height, used wholly or in part as a dwelling house or factory, and having a parapet, shall be provided either —
(a) with a dormer window, or a door opening on
to the roof; or (h) with a trap door furnished with a fixed or
hinged step ladder leading to the roof; or (c) with other proper means of access to the roof.
3. The plane of the surface of the roof of a building of the warehouse class shall not incline from the external or party walls upwards at a greater angle than forty-seven degrees with the horizon. Provided that this sub-section shall not ajiply to towers, turrets or spires.
4. The plane of the surface of the roof of any other
coujtniction tif roofs.
LANTERN LIGHT SHEWING NEAREST POSITION TO PARTY WALL .
Plate 14.
SECTION
PLAN
LOyDON BUILDING ACT, 1894. 69
building shall not incline from the external or party walls upwards at a greater angle than seventy-five degrees with the horizon. Provided that this sub- section shall not ajjply to towers, turrets or spires.
62 — 1 • Not more than two storeys shall be constructed storeys in in the roof of any domestic building. ^o^^^-
2. Any storey consti'ucted in the roof of any domestic building, the upper surface of the floor of which storey is at a height of above sixty feet from the sti'eet level, shall be constructed of fire-resisting materials throughout-
63 — Every new building exceeding sixty feet in height Means of shall be provided on the storeys, the upper surface of the of'high'^' ^"^ floor whereof is above sixty feet from the street level, buildings. with such means of escape in the case of fire for the persons dwelling or employed therein as can be reason- ably required under the circumstances of the case, and no such storeys of such building shall be occupied until the Council shall liave issued a certificate that the provisions of this section have been complied with in relation thereto,
64 — !• Chimneys built on corbels of brick, stone or Kuiesasto other incombustible materials may be erected if the work and^flues! so corbelled out do not project from the wall more than the thickness of the wall, measured immediately below the corbel, but all other chimneys shall be built on solid foundations, and with footings similar to the footings of the wall against which they are built, unless they ai"e carried uj)on iron giideis with direct bearings upon party external or cro.b'S walls, to the satisfaction of the district surveyor.
2. Chimnej^s and flues having proper soot doors of not less than forty square inches may be constructed at any angle, but in no other case shall any flue be inclined at a less angle than forty -five degrees to the horizon, and every angle shall be properly rounded.
All soot doors shall be at least fifteen inches distant from any woodwork.
3. An arch of brick or stone, or a bar of wrought iron of sufficient strength, shall be built over the opening of every chimney to support the breast thereof, and if the breast j^roject more than four inches from the face of the
70 LONDON BUILDING ACT, 1894.
■wall, and the jamb on either side be of less width than seventeen and a half inches, tlie abutments shall be tied in by an iron bar or bars of stiflScient strength, turned up and down at the ends, and built into the jambs for at least eight and a half inches on each side.
4. A flue shall not be adapted to or used for any new- oven, furnace, cockle, steam boiler, or close fire, used for any purpose of trade or business, or to or for the range or cooking apparatus of any hotel, taveni, or eating-house, unless the flvie be surrounded vf\t\\ biickwork at least eight and a half inches thick from the floor on which such oven, furnace, cockle, steam boiler or ckxse fire is situate to the level of the ceiling of the room next above the same.
5. A flue shall not be used in connection with a steam boiler or hot-air engine unless the flue is at least twenty feet in height, measured from the level of the floor on which such engine is placed.
6. The inside of every flue, and also the outside where passing through any floor or roof or behind or against any woodwork, shall be rendered, pargeted or lined with fire- resisting piping of stoneware,
7. The position and course of eveiy flue shall be dis- tinguished on the outside of the work as it is carried up by outline marks in some durable manner, except when the exterior face of the flue forms part of the outer face of an external wall not likely to be built against.
8. The jambs of eveiy fireplace opening shall be at least eight and a half inches wide on each side of the opening thereof.
9. The breast of every chimnej'' and the brickwork surrounding every smoke flue shall be at least four inches in thickness.
10. The back of every fireplace opening in a party wall, from the hearth up to the height of twelve inches above the mantel, shall be at least eight and a half inches thick.
11. The thickness of the upper side of every flue, when its course makes with the horizon an angle of less than forty-five degrees, shall be at least eight and a half inches.
12. Every chimney shaft or smoke flue shall be carried up in brick or stone work at least four inches thick throughout, to a height of not less than three feet above the roofj flat or gutter adjoining thereto, measured a,t the
CHIMNEYS & FLUES IN EXTERNAL A PARTY WALLS.
Piatt
SECTION
FRONT
^ — lectst depth, ■for Lim'b&r
e arcli tithe u-su-al
foTTTi of conslruclion. but the Act dotsTid, vnsist on this, jcc Sec. 64.. ^uJj. Sec. 17.
|
\~ |
^^ |
||
|
■ '^ |
^^ 1 |
||
|
^ — |
PLAN
/jAemny ln,vc]mess 8r projection, of Jam,bs reqixinrva ccrcTiba
bar
'^IIIA.
PLAN
/jhetvt.Tv^ Ihichnest ic projection, of JcLTTibs Ikal reijuire no txreJi, hecr
w-
fif'
ope
a.rth stone 6 Icru ivn^ on each s
trlhc
vit
J Ian o/ Firepta.ce itv Parly jra,lL.
8k
8Ji
Projection, of ckimmylrea-st Tist te exceed Ihickmss ofrtall
1
LONDON BUILDING ACT, 1894. 71
highest point in the line of junction with such roof, flat or gutter.
13. The highest six courses of every chimney stack or shaft shall he built in cement.
1-i. The brickwork or stonework of any chimney shaft, except that of the furnace of any steam engine, brewery, distillery or manufactory, shall not be built higher above the roof, flat or gutter adjoining thereto than a height equal to six times the least width of such chimney shaft at the level of such highest point in the line of junction, unless such chimney shaft is built with and bonded to another chimney shaft not in the same line with the first, or otherwise rendered secure.
15. There shall be laid level with the floor of every storey before the opening of every chimney, a slab of stone, slate or other incombustible substance, at the least six inches longer on each side than the width of such opening, and at the least eighteen inches Avide in front of the breast thereof.
16. On every floor, except the lowest floor, such slab shall be laid wholly upon stone or iron bearers, or upon brick trimmers or other incombustible materials, but on the lowest floor it may be bedded on concrete covering the site, or on solid materials placed on such concrete.
17. The hearth or slab of every chimney shall be bedded wholly on brick, stone or other incombustible substance, and shall, together with such substance, be solid for a thickness of six inches at least beneath the upper surface of such hearth or slab.
18. A flue shall not be built in or against any party structure unless it be surrounded with new brickwork at least four inches in thickness, properly bonded.
19. A chimney breast or shaft built with or in any party wall shall not be cut away, unless the district burveyor certifies that it can be done without injuriously affecting the stability of any buildiDg.
20. A chimney shaft, jamb, breast or flue shall not be cut into except for the purpose of repair or during some one or more of the following things : —
(a) Letting in or removing or altering flues, pipes or funnels for the convej-ance of smoke, hot air or steam, or letting in, re- moving or altering smoke jacks ;
72 LONDON BUILDING ACT, 1894.
(?>) Forming openings for soot doors, such open- ings to be fitted with a close iron door and frame ;
(i^) Making openings for the insertion of venti- lating valves subject to the following re- striction, that an opening shall not be made nearer than twelve inches to any timber or combustible substance.
21. Timber or woodwork shall not be placed —
(«) In any wall or chimney breast nearer than twelve inches to the inside of any flue or chimney opening ;
(6) Under any chimney opening within ten inches from the ujiper surface of the hearth of such chimney opening ;
(«) Within two inches from the face of the brickwork or stonework about any chimney or flue where the substance of such brick- work or stonework is less than eight and a half inches thick, unless the face of such brickwork or stonework is rendered.
22. AVooden plugs shall not be driven nearer than six inches to the inside of any flue or chimney opening, nor any iron holdfast or other iron fastening nearer than twa inches thereto,
Furuace 65 — Unless the Council otherwise permit, every
shaft"^^ chimney shaft for the furnace of a steam engine, brewery, d^'stillery or manufactory shall be constructed in con- formity with the following rules ; —
1. Every shaft shall be cariied up through O'Ut in brick-
work and mortar of the bust qualitj', and if detached shall taper gradually from the base to top of the shaft at the rate of at least two inches and a half in ten feet of height :
2. The thickness of brickwork at the top of the
sliaft, and for twenty foet below the top, shall be at least eight and a half inches, and shall be increased at least one-half brick for every additional twenty foet measured down- wards :
3. Every cap, cornice, pedestal, plinth, string course, or
other variation from plain brickwork shall be
LONDON BUILDING ACT, 1894.
73
provided as additional to tlie thickness of brick- work required under this Act, and every cap shall he constructed and secured to the satis- faction of the district surveyor :
4. The foundation of the shaft shall always be made to
the satisfaction of the district surveyor on concrete or other siifficient foundation :
5. The footings shall sj)read all round the base by
regular offsets to a projection equal to the thick- ness of the enclosing brickwork at the base of the shaft, and the space enclosed by the footings shall be filled in solid as the work progresses :
6. The width of the base of the shaft if sijuare shall be
at least one -tenth of the proposed height of the shaft, or if the same is round or of any other shape then one-twelfth of the height :
7. Any firebricks built inside the lower portion of the
shaft shall be provided as additional to and independent of the thickness of brickwork pre- scribed by these rules, and shall not be bonded therewith.
66 — !• The floor under every oven, copper, steam boiler Rules as to or stove which is not heated by gas, and the floor around an°f pfpes for the same shall for a space of eighteen inches be formed of conveying materials of an incombustible and non-conducting nature ^'^p°"''' ^'^■ not less than six inches thick.
2. A pipe for conveying smoke or other products of combustion, heated air, steam or hot water shall not be fixed against any building on the face adjoining to any street or jiublic way.
3. A pipe for conveying smoke or other products of combustion shall not be fixed nearer than nine inches to any combustible materials.
4. A pipe for conveying heated air or steam shall not be fixed nearer than six inches to any combustible materials.
6. A pipe for conveying hot water shall not be placed nearer than three inches to any combustible materials.
Provided that the restrictions imposed by this section with respect to the distance at which pipes for conveying hot water or steam may be placed from any combustible materials, shall not apply in the case of pipes for convey- ing hot water or steam at low pressure.
74
LONDON BUILDIXG ACT, 1894.
Floors above furnaces and ovins.
RuIps as to accesses and
crtaiu buildings.
Ventilation of staircases.
Rules as to
habitable
rooms.