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THE LONDON BUILDING ACTS
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THE
LONDON BUILDING ACTS
INCLUDING
THE LONDON BUILDING ACT, 1894; THE AMENDMENT
ACTS OF 1898 AND 1905; L.C.C. GENERAL POWERS
ACTS, 1908 AND 1909 ; THE CINEMATOGRAPH ACT, 1909 ;
TOWN PLANNING ACT, ETC.
A TEXT-BOOK ON THE LAW KELATING TO
BUILDING IN THE METEOPOLIS
FOR THE USE OF
ARCHITECTS, SURVEYORS, BUILDERS, ETC.
CONTAINING FULL TEXT OF THE ACTS, TOGETHER WITH THE CURRENT
BY-LAWS, STANDING ORDERS, AND REGULATIONS OF THE LONDON
COUNTY COUNCIL, THE CORPORATION OF THE CITY OF LONDON, ETC.
BY
PROFESSOR BANISTEE FLETCHER
J.P., D.L., F.R.I. B.A., F.K.C., ETC., ETC.
FIFTH EDITION-
REVISED, REARRANGED, AND ENLARGED,
WITH FURTHER NOTES AND CASES, BY
BANISTER FLIGHT FLETCHER, P.R.I.B.A., F.S.I., ARCHITECT
Barrister-at-Law of the Inner Temple
Formerly Interim District Surveyor for West Newington and part of Lambeth
AND
HERBERT PHILLIPS FLETCHER, F.R.I.B.A., F.S.I., ARCHITECT
Associate Member of the Institution of Civil Engineers
Barrister-at-Law of the Middle Temple
ILLUSTRATED WITH NUMEROUS PLATES
LONDON
B. T. BATSFORD LTD. 94 HIGH HOLBORN
I Do UvmUJ
PREFACE
TO THE FIFTH EDITION.
THE preparation of this new edition of the London Building
Acts has enabled the authors to make several improvements
and to bring the book up to date. The text has been care-
fully revised, and in many parts rewritten so as to make it
more serviceable, while additional cross-references have been
inserted, to render it as easy of reference as may be. Recent
important cases are included, and these have been abstracted
at the end of each section to which they refer.
In order to add to the utility of the book to all engaged
in the Building Trades, we have completely recast its arrange-
ment by separating it into well-defined sections with a table
of contents at the beginning of each.
Thus Sections A to E give in extenso the principal
Building Acts from the London Building Act, 1894, to the
London County Council (General Powers) Act, 1909, which
is now included for the first time.
Section F places succinctly before the reader the
sections of various other Acts relating to buildings which
are still in force.
Section G deals with the special regulations as to the
Cinematograph Act.
Section H gives the Housing, Town Planning, etc., Act,
1909.
Section I contains the L.C.C. By-laws and Regulations
made under various Acts which are in force at the present
time, the Regulations made by the L.C.C. with respect to
the requirements for the protection from fire of Theatres,
I 171 v
vi PREFACE
etc., the requirements approved by the L.C.C. with regard
to means of escape in case of fire, etc. , and also the By-Laws
made by the Corporation of London with respect to water-
closets, house drainage, demolition of buildings, etc., etc.
Section J gives the By-laws and Regulations relating
to sanitation under the Public Health (London) Act, 1891,
the By-Laws and Regulations of the County of London
made under the Metropolis Local Management Acts, and the
Regulations made under the Metropolis Water Act, 1871.
Section K contains a List of Forms in use relating to
buildings, party walls, and dangerous structures.
Section L. Includes the L.C.C. Regulations on Re-
inforced Concrete (page 618) which have been issued in draft
form. Although they have not yet received official sanction,
it is probable they will not be materially altered.
Section M gives a list of District Surveyors with their
Districts.
The abstract of the London Building Act, 1894, which
appeared in previous editions, has been omitted, as it is
found better in practice to refer to the actual statute.
The principal sections are set forth in a table given before
each Act.
The index has been considerably extended and carefully
arranged under subjects in order to enable quick and easy
reference to be made to any matter connected with the
building regulations of the Metropolis.
BANISTER FLIGHT FLETCHER.
HERBERT PHILLIPS FLETCHER.
29 NEW BRIDGE STREET,
LUDGATE CIRCUS, E.G.,
March, 1914.
CONTENTS.
PAGE
LIST OF PLATES - - - xiii
INDEX OF CASES xv
LIST OF ABBREVIATIONS xviii
SECTION A.
LONDON BUILDING ACT, 1894.
Part I. INTRODUCTORY. Sections 1 to 5 - - - 10-19
Part II. FORMATION AND WIDENING OF STREETS. Sections
6 to 21 19-33
Part III. LINES OF BUILDING FRONTAGE. Sections 22 to 31 33-38
Part IV. NAMING AND NUMBERING OF STREETS. Sections
32 to 38 38-40
Part V. OPEN SPACES ABOUT BUILDINGS, AND HEIGHT OF
BUILDINGS. Sections 39 to 52 40-53
Part VI. CONSTRUCTION OF BUILDINGS. Sections 53 to 81 53-73
Part VII. SPECIAL AND TEMPORARY BUILDINGS AND WOODEN
STRUCTURES. Sections 82 to 86 73-76
Part VIII. RIGHTS OF BUILDING AND ADJOINING OWNERS.
Sections 87 to 101 - - 76-92
Part IX. DANGEROUS AND NEGLECTED STRUCTURES- - 92-98
DANGEROUS STRUCTURES. Sections 102 to 114 - - 92-97
NEGLECTBD STRUCTURES.. Section 115 - - - 97-98
SUPPLEMENTAL AS TO DANGEROUS AND NEGLECTED
STRUCTURES. Sections 116 and 117 - 98
Part X. DANGEROUS AND Noxious BUSINESSES. Sections
118 to 121 99-102
vii
viii CONTENTS.
PAGE
Part XI. DWELLING-HOUSES ON LOW-LYING LAND. Sec-
tions 122 to 124 ... .... 102-103
Part XII. SKY SIGNS. Sections 125 to 135 104-109
Part XIII. SUPERINTENDING ARCHITECT AND DISTRICT
SURVEYORS. Sections 136 to 159 109-119
RETURNS BY DISTRICT SURVEYORS. Sections 160 to
163 120
Part XIV. BY-LAWS. Sections 164 and 165 - - - 121-123
Part XV. LEGAL PROCEEDINGS. Sections 166 to 174 - 123-127
TRIBUNAL OF APPEAL. Sections 175 to 186 - - 127-130
REGULATIONS AS TO THE PROCEDURE TO BE FOLLOWED
IN CASES OP APPEAL 166-172
NOTICES. Sections 187 to 188 130-131
Part XVI. MISCELLANEOUS Sections 189 to 199 - - 131-135
OFFENCES AGAINST ACT. Section 200 - - - 135-140
APPLICATION OF ACT. Sections 201-213 - - - 140-147
REPEAL. Sections 214 to 218 147-149
SCHEDULES.
1st Schedule — Preliminary to Parts 1 and 2. 149-151
Part I. Buildings not public and not of the warehouse class 151-155
Part II. Buildings of the warehouse class .... 155-158
2nd Schedule.
Materials considered fire-resisting 207-209
3rd Schedule.
Part I. Fees payable to District Surveyors, on new build-
ings, etc. 159-161
Part II. Fees payable to District Surveyors on dangerous
structures - - - 161-162
Part III. Fees payable to District Surveyors for special
services 162
Part IV. Fees payable to Council, etc. - - - 163-164
±th Scfodule,
Acts repealed and part repealed 164-165
SECTION B.
THE LONDON BUILDING ACT, 1894 (AMENDMENT)
ACT, 1898. Sections 1 to 10 173-178
CONTENTS. IX
SECTION C.
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
PAGE
SECTIONS 1 to 42 179-206
THE FIRST SCHEDULE 207-209
THE SECOND SCHEDULE - 209-210
THE THIRD SCHEDULE 210
SECTION D.
THE LONDON COUNTY COUNCIL (GENERAL POWERS)
ACT, 1908.
Part I. INTRODUCTORY. Sections 1 to 4 - - - - 211-214
Part II. SANITARY PROVISIONS. Sections 5 to 14 - - 214-220
Part III. AMENDMENT OF LONDON BUILDING ACT, 1894.
Sections 15 to 22 220-224
SECTION E.
THE LONDON COUNTY COUNCIL (GENERAL
POWERS) ACT, 1909 225-244
Part III. ACCOMMODATION FOR STORAGE OP FOOD. Sections
16 to 19 - - 226-228
Part IV. AMENDMENT OF LONDON BUILDING ACTS. Sec-
tions 20 to 27 - - - 228-244
SECTION F.
SECTIONS OF VARIOUS ACTS WHICH RELATE
TO BUILDINGS, AND ARE IN FORCE AT THE
PRESENT TIME.
Summary of Acts.
THE METROPOLIS MANAGEMENT ACT, 1855 - - - 245-257
THE METROPOLIS LOCAL MANAGEMENT ACTS AMENDMENT
ACT, 1862 258-265
THE METROPOLIS MANAGEMENT AND BUILDING ACTS
AMENDMENT ACT, 1878 266-274
THE METROPOLIS MANAGEMENT (THAMES RIVER PREVENTION
OF FLOODS) AMENDMENT ACT, 1879 .... 275-301
METROPOLIS BOARD OF WORKS (VARIOUS POWERS) ACT,
1882 ... 303-304
X CONTENTS.
PAGE
THE LONDON COUNTY COUNCIL (GENERAL POWERS) ACT,
1890 • 305-307
THE METROPOLIS MANAGEMENT AMENDMENT ACT, 1890 - 308-314
THE PUBLIC HEALTH (LONDON) ACT, 1891 — Relating to
underground rooms, etc. 315-319
THE PUBLIC HEALTH (LONDON) ACT, 1891 — Relating to
workshops, bakehouses, etc. ------ 320-327
FACTORY AND WORKSHOPS ACT, 1907 — Relating to health,
safety, and means of escape in case of fire, and sanitary
accommodation 328-343
FACTORY AND WORKSHOPS ACT, 1907 — Relating to laundries
and certain institutions 344-350
SECTION G.
CINEMATOGRAPH ACT, 1909. Sections 1 to 10 - - 351-356
REGULATIONS MADE UNDER THE CINEMATOGRAPH ACT, 1909 357-363
SECTION H.
HOUSING, TOWN PLANNING, ETC., ACT, 1909.
Part I. HOUSING OF THE WORKING CLASSES. Sections 1
to 53 - 364-394
Part II. TOWN PLANNING. Sections 54 to 67 - - - 394-404
Part III. COUNTY MEDICAL OFFICERS, COUNTY PUBLIC
HEALTH AND HOUSING COMMITTEE, ETC. Sections 68
to 72 ... 404-407
Part IV. SUPPLEMENTAL. Sections 73 to 76 - - 407-409
SCHEDULES - - - 409-419
SECTION I.
BY-LAWS AND REGULATIONS RELATING TO BUILDINGS
—METROPOLIS LOCAL MANAGEMENT ACT, 1855.
BY-LAWS AS TO THE FORMATION OF NEW STREETS IN THE
METROPOLIS 421-423
BY-LAWS MADE BY THE COUNCIL UNDER SECTION 16 OF
THE METROPOLIS MANAGEMENT AND BUILDING ACTS
AMENDMENT ACT, 1878 425-429
BY-LAWS MADE BY THE COUNCIL UNDER SECTION 31 OF
THE LONDON COUNCIL (GENERAL POWERS) ACT, 1890 430-432
CONTENTS. XJ
PAGE
REGULATIONS WITH REGARD TO APPLICATIONS UNDER THE
LONDON BUILDING ACT, 1894, THE LONDON BUILDING
ACT, 1394 (AMENDMENT) ACT, 1898 ; PART III. OF THE
LONDON COUNTY COUNCIL (GENERAL POWERS) ACT,
1908 ; AND PART IV. OF THE LONDON COUNTY COUNCIL
(GENERAL POWERS) ACT, 1909 433-449
THE METROPOLIS MANAGEMENT AND BUILDING
ACTS AMENDMENT ACT, 1878.
REGULATIONS MADE BY THE COUNCIL WITH RESPECT TO
THE REQUIREMENTS FOR THE PROTECTION FROM FIRE
OF THEATRES, HOUSES, ROOMS, ETC. : —
WITH REGARD TO THEIR CONSTRUCTION .... 450-468
WITH REGARD TO ELECTRIC LIGHTING .... 469-482
WITH REGARD TO HEATING 482-485
LONDON COUNTY COUNCIL REQUIREMENTS UNDER THE
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905,
WITH RESPECT TO MEANS OF ESCAPE FROM FlRE, ETC. 487-497
CORPORATION OF LONDON PUBLIC HEALTH
DEPARTMENT.
BY-LAWS WITH RESPECT TO WATER-CLOSETS, ETC. - - 498-528
BY-LAWS RELATING TO SANITATION MADE UNDER THE
PUBLIC HEALTH (LONDON) ACT, 1891, UNDER SECTIONS
16 AND 39 530-550
DRAINAGE BY-LAWS MADE IN 1900 BY THE L.C.C. UNDER
THE METROPOLIS MANAGEMENT ACT, 1855. Section 202 551-564
SECTION J.
BY-LAWS MADE BY THE L.C.C. UNDER THE METRO-
POLIS MANAGEMENT ACT, 1855, SECTION 202,
AND THE METROPOLIS MANAGEMENT ACTS
AMENDMENT (BY-LAWS) ACT, 1899.
CONSTRUCTION OF A DRAINAGE SYSTEM AS A WHOLE
DEPOSIT OF PLANS, ETC. 566-569
ADDITION TO PARTIAL CONSTRUCTION, ENTIRE OR PARTIAL
RECONSTRUCTION OR ALTERATION OF A DRAINAGE
SYSTEM 569-570
ALTERATIONS OF DRAINS IN CASES OF URGENCY - - 570-572
xil CONTENTS.
PAGE
COUNTY OF LONDON REGULATIONS UNDER THE
METROPOLIS LOCAL MANAGEMENT ACTS
WHICH ARE IN FORCE UNDER THE BOROUGH
COUNCILS.
CONDITIONS FOB THE REGULATION OF HOUSE DRAINS, ETC. 573-576
REGULATIONS AS TO CONSTRUCTION OF VAULTS, COAL
PLATES, AREAS, AND AREA GRATINGS - 576-578
REGULATIONS AS TO THE ERECTION OF PRIVATE LAMPS - 579-580
CONDITIONS FOR THE REGULATION OF HOARDS AND
SCAFFOLDS 580-582
ADVERTISING STATIONS RATING ACT, 1889- - - - 582-583
REGULATIONS MADE UNDER THE METROPOLIS WATER ACT,
1871 - 584-589
SECTION K.
LONDON COUNTY COUNCIL— FORMS IN USE.
A. FORMS IN USE RELATING TO BUILDINGS AND PARTY
WALLS 590-601
B. FORMS IN USE RELATING TO DANGEROUS STRUCTURES- 602-603
C. FORMS IN USE RELATING TO THE RIGHTS OF BUILDING
AND ADJOINING OWNERS (ROYAL INSTITUTE OF BRITISH
ARCHITECTS) 604-611
NOTICE FROM THE OWNER TO THE LONDON COUNTY
COUNCIL OF INTENTION TO ERECT BUILDING UNDER
THE LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 612-615
SECTION L.
L.C.C. REGULATIONS ON REINFORCED CONCRETE - - - 617-654
SECTION M.
LIST OF DISTRICT SURVEYORS.
SUPPLEMENT 656-669
INDEX 671
LIST OF PLATES.
PLATE PAGE
1. DOMESTIC BUILDINGS ON NEW STREETS 41
2. SECTION SHOWING BACK YARD AND DIAGONAL LINE - 42
3. DOMESTIC BUILDINGS ON OLD STREETS 45
4. COURTS WITHIN A BUILDING 49
5. HEIGHT AND OPEN SPACES ABOUT BUILDINGS 50
6. RECESSES IN EXTERNAL AND PARTY WALLS, AND CHASES
IN PARTY WALLS 53, 54
7. LANTERN LIGHT, POSITIONS TO FRONT AND PARTY WALLS 56
8. CHIMNEYS AND FLUES IN EXTERNAL AND PARTY WALLS 58-61
9. LEAST HEIGHT FOR HABITABLE ROOM WHOLLY OR PARTLY
IN ROOF 63
10. PROJECTION OF SHOP FRONTS AND CORNICES IN FRONT
OF EXTERNAL WALL 67
11. EXEMPTED PRIVATE BUILDINGS .... 142, 143
BUILDINGS NOT PUBLIC AND NOT OF THE WAREHOUSE
CLASS.
- 152
152
- 152.153
- 153
. 154
AS TO THICKNESS WITH
EXTERNAL OR PARTY WALL 158
12 f Up to 25
\ 25 „ 40
feet high)
13. 40 „ 50
„
u. f 50 „ 60
\ 60 „ 70
;; } •
1* f 70 „ 80
-\
15. J
\ 80 „ 90
„ j
16. / 90 » 10°
)
\100 „ 120
„ /
17. CROSS WALL.
COMPARISON
xiv LIST OF PLATES.
WABEHOUSE WALLS,
PLATE
PAGE
{Up to 25
feet high}
18.
25 „ 30
1 -
1
30 „ 40
J
19.
40 „ 50
)» -
- 156
20.
/ 50 „ 60
t 60 „ 70
:: }• -
156
21.
r 70 „ 80
\ 80 „ 90
:: };
- 156, 157
22.
( 90 „ 100
|lOO „ 120
:: }- -
- 157
23.
CBOSS WALL.
COMPARISON AS
TO THICKNESS WITH
EXTERNAL OB PARTY WALL -
158
TABLE OF CASES.
Adams v. Marylebone Borough
Council (1907), 79.
Adams v. The Mayor, etc., of St.
Marylebone (1906), 83.
Aerated Bread Co. v. Shepherd
(1897), 60.
Allen v. L.C.C. (1895), 35.
Arding v. Economic Printing
and Publishing Co. (1898), 195.
Armstrong v. L.C.C. (1900), 20.
Ashbridge v. Evans (1904), 113.
Bovill v. Gibbs (1887), 124.
Brass v. L.C.C. (1904), 338.
Bryer v. Willis (1870), 82.
Carritt v. Godson (1899), 70.
Caudwell v. Hanson (1872), 119.
Charing Cross and Strand Elec-
tricity Supply Corporation v.
Woodthorpe (1903), 66, 113.
City of Westminster v. L.C.C.
(1902), 75.
City of Westminster v. Watson
(1902), 110.
Coburg Hotel Co. v. L.C.C. (1899),
34.
Coole v. Lovegrove (1893), 141.
Corbett v. Badger (1901), 119.
Crisp v. L.C.C. (1899), 93.
Crosby v. Alhambra Co., Ltd.
(1907), 81.
Crofts v. Haldane (1867), 83, 92.
Crow v. Davis, No. 1 (1903), 28.
b
Crow v. Davis, No. 2 (1904), 28.
Grow v. Redhouse (1895), 13, 146.
(1907), 81.
Crystal Palace Co. v. L.C.C.
(1900), 144.
Daw v. L.C.C. (1890), 21.
Debenham v. M.B.W. (1880), 95,
126.
Dicksee v. Bullers (1898), 113.
Dicksee v. Graham (1900), 113.
Dicksee v. Hoskings (1901), 70.
Dicksee v. Pearce (1904), 113.
Drury v. Richard (1899), 144.
Earle v. Maugham (1863), 127.
Elliott v. L.C.C. (1899), 76, 141.
Ellis v. L.C.C. (1904), 103.
Ellis v. Plumstead B.W. (1893),
33.
Evelyn v. Whichcord (1858), 119.
Fillingham v. Wood (1891), 81.
Fletcher v. Lewis (1892), 119.
Foot v. Hodgson (1890), 150.
Galbraith Bros. v. Dicksee(1910),
141.
Gilbart v. Wandsworth B.W.
(1899), 33.
Goldstein v. Hollingsworth
(1904), 196.
Green v. Bales (1841), 14.
Greig v. Robertson (1912), 57,
113, 114.
XVI
TABLE OF CASES.
Handover v. Meeson (1903), 71,
113.
Hewitt v. Kirk & Randall (1895),
45.
Hobbs, Hart & Co. v. Grover
(1899), 81.
Homer v. Franklin (1905), 196,
339.
Hughes v. Percival (1883), 79.
Hull v. L.C.C. (1901), 69.
Hunt v. Harris (1865), 17, 95,
126.
Joliffe v. Woodhouse (1894), 82.
Knight v. Pursell (1879), 78.
Labalmondiere t). Addison (1858),
95, 124.
Labalmondiere v. Frost (1859),
95.
Lavy & Upjohn v. L.C.C. (1895),
34.
Leadbetter v. Marylebone
Borough Council, No. 1 (1904),
83.
Leadbetter v. Marylebone Bor-
ough Council, No. 2 (1905),
82.
Legg v. Smith (1892), 13, 134.
Lemaitre v. Davies (1881), 79.
Lewis & Salome v. The Charing
Cross, Euston, and Hampstead
Railway Co. (1906), 78.
Lilley & Lilley & Skinner v.
L.C.C. (1907), 34.
List v. Sharp (1897), 77, 81.
L.C.C. v. Bernstein (1897), 94.
L.C.C. v. Best & Co. (1893), 37.
L.C.C. v. Bush & Co., Ltd. (1901),
28.
L.C.C. v. Cannon Brewery Co.,
Ltd. (1911), 192.
L.C.C. v. Carwardine (1892), 105.
L.C.C. v. Davis (1897), 28.
L.C.C. v. Davis (1895), 20.
L.C.C. v. District Surveyors'
Association and Willis (1909),
141.
L.C.C. v. Dixon (1899), 20.
L.C.C. v. Hancock & James
(1907), 34.
L.C.C. v. Heathman (1905), 20.
L.C.C. v. Herring (1894), 92.
L.C.C. v. Illuminated Advertise-
ments Co. (1904), 35, 69.
L.C.C. v. James Webster (1896),
27.
LX3.C. v. Jones (1912), 92.
L.C.C. v. Lewis (1900), 338.
L.C.C. andL.B. Act, 1894 (1904),
35, 130.
L.C.C. v. Metropolitan Gas Co.
(1898), 27.
L.C.C. v. Metropolitan Railway,
and Others (1907), 35.
L.C.C. v. Rowton Houses, Ltd.,
(1897), 28.
L.C.C. v. Savoy Hotel Co. (1896),
105.
L.C.C. v. Schewzik (1905), 34.
L.C.C. v. Sheinman (1905), 96.
L.C.C. v. Spink & Son (1908),
185.
L.C.C. v. Tubbs (1904), 338.
L.C.C. v. Wandsworth & Putney
Gas Co. (1900), 27.
L.C.C. v. Worley (1894), 124.
Major v. Park Lane Co. (1866).
81.
Marsland v. Thompson (1900),
56.
Marwood v. L.C.C. (1906), 35.
Meeson v. Richmond (1896), 113.
Minturn v. Barry (1911), 78.
Moir v. Williams (1892), 118.
Monk v. Arnold (1902), 196, 339.
Moses v. Marsland (1901), 16.
Mourilyan v. Labalmondiere
(1861), 17.
North Kent Railway v. Badger
(1858), 76.
Orf v. Payton (1904), 17, 77.
Payne v. Cohen (1900), 113.
Payne v. Hackett (1907), 194.
Payne v. Wright (1892), 57, 124.
Paynter v. Watson (1898), 48.
Pears Ltd. v. L.C.C., 69.
Power v. Wigmore (1872), 118.
TABLE OF CASES.
xvil
Rea v. L.C.C. (1911), 176.
Receiver of Met. Police v. Picca-
dilly Hotel Synd. (1906), 51.
Reg. v. Brown (1881), 117.
Reg. v. L.C.C. (1897), 26.
Reg. v. Lee (1879), 95.
Rex v. Denman (1907), 34.
Rex v. D'Eyncourt, 124.
St. James' Hall Co. v. L.C.C.
(1901), 270.
School Board of London v. Ber-
nard Dicksee (1898), 28.
Scott v. Carritt (1899), 35.
Simpson v. L.C.C. (1900), 21.
Sims v. The Estates Co., Ltd.
(1866), 81.
South-Eastern and Chatham
Railway Companies, and
Others v. L.C.C. (1907), 38.
Standard Bank of South Africa
v. Stokes (1878), 79.
Stone v. Hastie (1903), 83.
Stroud v. Wandsworth District
Board of Works (1894), 32, 310.
Tanner v. Oldham (1896), 147.
Toller v. Spiers & Pond (1903),
338.
Tubb v. Good (1870), 119.
Tubbs v. L.C.C. (1906), 198.
Tubbs v. L.C.C. (1907), 198.
Tussaud v. L.C.C. (1892), 105.
Venner v. M'Donnell (1897), 71,
113.
Vestries of Westminster v. Hos-
kins (1899), 144.
Walduck v. L.C.C. (1902), 45.
Wallen v. Gliickstein (1893), 13,
134.
Wandsworth B.W. v. Hall (1869),
33.
Watt v. Meeson (1898), 33.
Wendon v. L.C.C. (1894), 34.
Western v. Arnold (1872), 14.
Westminster v. Watson & Ors.
(1902), 75.
Wheeler v. Gray (1859), 82.
White v. Peto Brothers (1888),
82.
Whitechapel Board of Works v.
Crow (1901), 66, 113.
Wood v. L.C.C. (1895), 20.
Woodham v. L.C.C. (1898), 21.
LIST OF ABBREVIATIONS USED
IN THE CASES GIVEN.
c. - Chapter.
C.A. .... Court of Appeal.
C.B. (N.S.) - Common Bench Reports (New Series).
C.D. Chancery Division (1875-90).
J.P. " Justice of the Peace."
J.P. (D.) k< Justice of the Peace," Digest of Cases.
K.B. King's Bench.
L.B.A. - - London Building Act.
L.G.R. - Local Government Reports.
L.J. (Ch.) - - Law Journal, Chancery.
L.J. (C.P.) - - Law Journal, Common Pleas.
L.J. (K.B.) Law Journal, King's Bench.
L.J. (M.C.) - Law Journal, Mayor's Court.
L.J. (Q.B.) Law Journal, Queen's Bench.
L.R. (Ch.) - - Law Reports, Chancery.
L.R. (C.P.) Law Reports, Common Pleas Cases.
L.R. (Eq.) Law Reports, Equity Cases.
L.T. - Law Times Reports.
L.T. (O.S.) Law Times Reports (Old Series).
M.B. Act - - Metropolitan Building Act.
M.B.W. - - - Metropolitan Board of Works.
N.L.P. Court North London Police Court.
P.O. - - - Police Court.
Q.B. .... Queen's Bench.
Q.B.D. - Queen's Bench Division.
S.J. - - Solicitors' Journal.
s.s. - - Sub-section.
T.L.R. - - Times Law Reports.
W.R. - - - Weekly Reporter.
xv Hi
SECTION A.
THE LONDON BUILDING ACT, 1894.
PREAMBLE.
PART I. — INTRODUCTORY.
SECTION PAGE
1. Short title 10
2. Division of Act into Parts ... - - 10, 11
3. Commencement of Act 11
4. Extent of Act 11
5. Definitions - - 11-19
PART II. — FORMATION AND WIDENING OF STREETS.
6. As to making streets 19
7. Sanction to formation of new streets - - - 19, 20
8. Evidence of commencement of street - 20
9. Grounds for refusal to sanction plans of streets - - 20-22
10. Adaptation of ways for streets 22, 23
11. Grounds for refusing to sanction adaptation of ways
for streets 23-25
12. Greater width of street may be required in certain cases 25
13.' Position of new buildings with reference to streets 25-28
Section 14 of the Act of 1894 is repealed by the Act of
1898, section 3 (1). See pages 175 and 176.
15. As to compensation in certain cases .... 29, 30
16. As to erection of buildings at less than prescribed dis-
tance from centre of ways not being highways - 30-32
17. Sanction to construction of new buildings at less than
prescribed distance
18. Regulations to be printed and supplied 32
19. Appeal - - 32
20. As to private roads laid out by a railway company
21. Exempting certain School Board buildings -
PART III. — LINES OF BUILDING FRONTAGE.
22. Mode of proceeding with regard to buildings beyond
line of street 33-35
23. Buildings projecting beyond general line when taken
down to be set back - - ... 35, 36
24. Notices of definition of general line 36
2 THE LONDON BUILDING ACT, 1894.
SECTION
25. Appeal against certificate of architect as to general line 36, 37
26! Conditions may be attached to consent to building in
front of general line - - 37
27. Consent not to affect rest of general line 37
28. Effect of conditions 37
29. Defining in what street or way a building or structure
is situate 37
30. Part of Act not to apply in City 38
31 Certain powers of railway companies not affected by
this Part of Act 38
PART IV. — NAMING AND NUMBERING OF STREETS.
32. Notice of new name of street 38
33. Affixing names of streets by Local Authority 38
34. Altering names of streets - 39
35. Notice of altering names of streets 39
36. Numbering houses ... 39
37. Power to Council to name and number streets in de-
fault of Local Authority complying with order - 39, 40
38. Register to be kept of alterations in names of streets - 40
PART V. — OPEN SPACES ABOUT BUILDINGS, AND HEIGHT
OF BUILDINGS.
39. Meaning of " domestic building " in this Part of Act 40
40. Light and ventilation of habitable basements - 40, 41
41. Space at rear of domestic buildings — 41
Domestic buildings abutting on new streets - 42, 43
Domestic buildings abutting on old streets - • 44, 45
42. Open space to be provided about certain buildings not
on public way - 46, 47
43. Saving for certain domestic buildings on old sites • 47, 48
44. Laying out of new streets on cleared area ... 48
45. Courts within a building - - 49
46. Superintending architect may define front or rear of
buildings 49
47. Height of buildings limited - 50
48. Procedure where greater height allowed 50, 51
49. Heights of buildings in certain cases • 51, 52
50. Raising of buildings so as to comply with provisions of
Act as to habitable rooms .... 52
51. As to re-erection of certain working class dwellings of
Local Authority - 52
52. Saving for certain domestic buildings with stables in
the rear 52, 53
PART VI. — CONSTRUCTION OF BUILDINGS.
53. Structure and thickness of walls - 53
54. Rules as to recesses and openings 53, 54
55. Rules as to timbers in external walls - 54
PREAMBLE. 3
SECTION PAGE
56. Rules as to bressummers 55
57. Heights and thicknesses of parapets to external works 55
58. Cases in which a wall to be deemed a party wall - - 56
59. Heights of party walls above roofs .... 55
60. Rules as to chases in party walls - - - - - - 56
61. Rules as to construction of roofs 57
62. Storeys in roofs 57
63- Means of escape at top of high buildings ... 53
64. Rules as to chimneys and flues 58-61
65. Furnace chimney shafts - - - - - 61, 62
66. Rules as to close fires and pipes for conveying vapour, &c. 62
67. Floors above furnaces and ovens - 63
68. Rules as to recesses and stairs in certain buildings - 63
69- Ventilation of staircases 63
70. Rules as to habitable rooms - - 63-65
71. Rules as to party arches over public ways
72. Rules as to arches under public ways -
73. Rules as to projections -
74- Separation of buildings
65
65,66
66-69
70,71
Sections 75, 76, and 77 have been repealed by Section
16 of the London County Council (General Powers)
Act, 1908, and Part IH. (Sections 15 to 22) of latter
Act enacted in substitution thereof. See pages
220-224.
78. Construction of public buildings • 71
79- Conversion of houses, &c., in public buildings 74
1 80. Staircases in churches and chapels - - 72, 73
81. Application of Act to buildings under railway arches • 73
PART VII. — SPECIAL AND TEMPORARY BUILDINGS AND
WOODEN STRUCTURES.
82. Application to Council for buildings to which rules of
Act are inapplicable 73, 74
83. Control by Council of certain temporary buildings - 74, 75
84. Wooden structures not to be erected without license
of Council (see Note at end of this Section, SS 1) - 75, 76
85. Piles of loose timbers not regarded as structures (do.) - 76
86. As to structures of railway companies - 76
PART VEIL— RIGHTS OF BUILDING AND ADJOINING OWNERS.
87. Rights of owners of adjoining lands respecting erection
of walls on line of junction - - 76-78
88. Rights of building owner - 78-88
89. Rights of adjoining owner - 80
90. Rules as to exercise of rights by building and adjoining
owners 81,82
91. Settlement of difference between building and adjoining
owners - - 83-86
92. Power for building owner to enter premises - 86
93. Building owner to underpin adjoining owner's building 86, 87
4 THE LONDON BUILDING ACT, 1894.
SECTION PAGE
94. Security to be given by building owner and adjoining
owner 87, 88
95. Rules as to expenses in respect to party structures - 88-91
96. Account of expenses to be delivered to adjoining owner 91
97. Adjoining owner may object to account ... 91
98. Building owner may recover if no appeal made 91
99. Structure to belong to building owner until contribution
paid - 91
100. Adjoining owner liable to expenses incurred ou his
requisition 91
101. Saving for lights in party walls, &c. 92
PART IX. — DANGEROUS AND NEGLECTED STRUCTURES.
Dangerous Structures.
102. Meaning of structure 92
103. Survey to be made of dangerous structures - - 92, 93
104. Effect of this Part of Act within the City - - 93
105. Surveyor to give certificate - - 93
106. Notice to be given to owner in respect of certificate 93
107. Proceedings to enforce compliance with notice - 93-95
108. Court may make order notwithstanding arbitration 95
109. Expenses ... 95
110. Provisions respecting sale of dangerous structures • 95, 96
111. If proceeds insufficient, land not to be built on till
balance paid - 96
112. Recovery of expenses 96
113. Fees to surveyor - 96
114. Power to remove inmates from dangerous structure - 96, 97
Neglected Structures.
115. Removal of dilapidated and neglected buildings - 97, 98
Supplemental as to Dangerous and Neglected Structures.
116 Provision for enforcing repayment of expenses incurred
by Council 98
117. Fees on dangerous or neglected structures to Council - 98
PART X. — DANGEROUS AND Noxious BUSINESSES.
118. Regulations for building near dangerous business - 99
119. Regulations for building near noxious business - - 99, 100
120 Provisions as to certain old noxious businesses (Metro-
politan Building Act, 1844, Sections 54-58) - 100, 101
121. Saving for gas-works and distilleries - - . 101, 102
PART XI. — DWELLING HOUSES ON LOW-LYING LAND.
122. Dwelling-houses on low-lying land 102, 103
123. Power to make regulations -
124. Publication and copies of regulations - 108
PART XII.—SKY SIGNS.
125. Sky signs ........ 104, 105
126. District Surveyor to act for purposes of this Act - - 105
127. Prohibition of future sky signs ..... 105
128. Regulations of existing sky signs ..... 105
129. Renewal of license 105-107
130. Alteration of sky signs to meet surveyor's requirements 107, 108
131. Notice of refusal of certificate to be sent to the Council 108
132. Appeal against refusal of certificate .... 108
133. Forfeiture of license ....... 108
134. Removal of sky signs ...... 108,109
135. Application of this Part of Act within the City - - 109
PART XIII. — SUPERINTENDING ARCHITECT AND DISTRICT SUR-
VEYORS.
136. Power for Council to appoint Superintending Architect 109, 110
137. Power of Superintending Architect to appoint deputy - 110
138. Buildings to be supervised by District Surveyors - - 110
139. Powers of Council as to surveyors and districts - 110, 111
140. Examination of candidates for office of surveyor - - 111
141. Surveyor to have an office ...... Ill
142. Power of surveyor to appoint deputy - 112
143. Power to appoint assistant surveyor .... H2
144. Surveyor not to act in case of works under his profes-
sional superintendence ...... 112
145. Notices to be given to surveyor by builder - 112, 113
146. Surveyor to enforce execution of Act .... 114
147. Notice to be evidence of intended works - - - 114
148. Power of entry to inspect buildings - - - 114
149. In case of emergency, works to be commenced without
notice ....... 114,115
150. As to service of notice of objection on builder or build-
ing owner - ....... 115
151. Notice by surveyor in case of irregularity - - 115, 116
152. Notice of irregularity after completion of building 116, 117
153. Summary proceedings on non-compliance with notice - 117
154. Payment to surveyors for ordinary -and special services 117, 118
155. Council to pay District Surveyor in relation to forma-
tion of streets, &c. ....... 118
156. Fees in relation to evidence before tribunal - - - 118
157. Periods when surveyors entitled to fees 118, 119
158. Power of Council to pay salaries to surveyors - - 119
159. Council may proceed on behalf of District Surveyor 119
Returns by District Surveyors,
160. Monthly returns by District Surveyor to Council - 120
161. Return to be a certificate that works are in accordance
with Act ......... 120
6 THE LONDON BUILDING ACT, 1894.
SECTION
162. Audit of accounts of fees charged by District Surveyor 120
163. District Surveyor to notify certain irregularities to the
Council - - 120
PART XIV.— BY-LAWS.
164. Power to Council to make by-laws 121-123
165. Saving for the City of London 123
PART XV. — LEGAL PROCEEDINGS.
166. Summary proceedings for offences, &c., and recovery of
penalties 123, 124
167. Proceedings by surveyor .... . 124
168. Powers of and appeal from County Court - - 124
169. Application of penalties - - 124
170. Council may demolish buildings and sell materials, and
recover expenses 124, 125
171. Procedure by local authorities in case of buildings in ad-
vance of general line 125, 126
172. Payment of surplus of proceeds into court - - - 126
173. Payment of expenses by owners - 126, 127
174. As to periods for giving consents, &c., expiring in vaca-
tions - 127
Tribunal of Appeal
175. Constitution and powers of tribunal of appeal - 127, 128
176. Duration of office 128
177. Removal of members - 128
178. Vacancies to be supplied - 128
179. Remuneration of members of tribunal - - - 128
180. Officers, &c., of tribunal ... - - 128
181. Powers for Council to support decisions of officers before
tribunal 129
182. Tribunal may state case for opinion of High Court - 129
183. Procedure of tribunal 129,130
184. Regulations as to procedure and fees 130
185. Enforcement of decision of tribunal - 130
186. Fees, &c., to be paid to Council— expenses - 130
Notices.
187. Notices to be in writing - - 130
188. Service of notices • 130, 131
PART XVI.— MISCELLANEOUS.
189. Expenses, how borne - 131
190. Power for Council to annex conditions - - - 132
191. As to buildings of historical interest - - - 132
192. Power of entry to owner, &c., to execute work 132
193. Limitation of time for proceedings where notice not
given 132,133
PREAMBLE. ?
SECTION PAGE
194. Plans and documents to be property of Council - - 133
195. Mode of giving approval of Council to plans - - - 133
196. Consent, how given on behalf of owners not to be found 133
197. Storing of wood and timber - 133, 134
198. Removal of roof not to affect proceedings - 134
199. Preventing obstructions in streets - 135
OFFENCES AGAINST ACT.
200. Offences against Act 135-140
APPLICATION OF ACT.
201. Buildings exempt from Parts of Act - - - 140-144
202. Exemption of Government buildings - - - 144
203. As to buildings for the supply of electricity - - 144, 145
204. Exempting lands, buildings, and property of Inns of
Court - - 145
205. Saving existing rights of gas companies - - - 145
206. Duration of exemption 145
207. Buildings not to be altered so as not to conform to Act 145, 146
208. When remainder of party wall, &c., to be taken down - 146
209. Additions to, and alteration of buildings - - - 146
210. Application of Act to buildings erected before com-
mencement of Act - - .... 146
211. Rules as to conversion of buildings - - 146, 147
212. Buildings in progress 147
213. Saving powers of local authorities - 147
REPEAL.
214. Repeal of Section 50 of " Metropolitan Railway Act,
1866" .... H7
215. Repeal of enactments in Schedule - ... 14.3
216. By-laws, &c., under repealed Acts to remain in force - 148
217. Saving for existing officers 148
218. References in Acts or documents to repealed Acts to be
read as referring to this Act - - 148, 149
SCHEDULES.
1st ScJi&dule — Preliminary to Paris 1 and 2.
Part 1. Buildings not public, and not of the ware-
house class - 149-155
Part 2. Buildings of the warehouse class - 155-158
2nd Schedule.
Materials considered fire-resisting - 159
This schedule has been repealed. Section 5
and the 1st Schedule of the London Build-
ing Acts (Amendment) Act, 1905, have been
substituted. 207-209
LONDON BUILDING ACT, 1804,
3rd Schedule.
Part 1. Fees payable to District Surveyors, on new
buildings, alterations, additions, or other works,
on chimneys and flues, on certifying plans, on
wooden and temporary structures, on attending
at court - 159-161
Part 2. Fees payable to District Surveyors on
dangerous structures ..... 161, 162
Part 3. Fees payable to District Surveyors for
special services ....... 162
Part 4. Fees payable to Council on dangerous struc-
tures, dilapidated or neglected buildings or struc-
tures, regulations- 163-164
±th Schedule.
Acts repealed and part repealed - - - 164, 165
THE LONDON BUILDING ACT, 1894,
57 & 58 VICTORIA.
CHAPTEK CCXIII.
An Act to consolidate and amend the Enactments relating
to Streets and Buildings in London.
[25th August 1894.]
WHEEEAS enactments relative to streets and buildings
in the administrative county of London are contained in
the following Acts, viz. :—
Public Act.
Public Act.
Public Act.
Public Act.
Public Act.
Public Ac*.
Public Act.
Public Act.
Public Act.
Public Act.
Local and Per-
sonal Act.
Local and Per-
sonal Act.
Local and Per-
sonal Act.
The Metropolitan Building Act,
The Metropolis Management Act, 1855.
The Metropolitan Building Act, 1855.
The Metropolitan Building Act (Amend-
ment), 1860.
The Metropolitan Building Amendment
Act, 1861.
The Metropolis Management Amend-
ment Act, 1862.
The Metropolitan Building Act, 1869.
The Metropolitan Building Act, 1871.
The Metropolis Management and Build-
ing Acts Amendment Act, 1878.
The Metropolis Management and Build-
ing Acts (Amendment) Act, 1882.
The London Council (General Powers)
Act, 1890.
The London Sky Signs Act, 1891.
The London County Council (General
Powers) Act, 1893.
(9)
16 ME LONDON BUILDING 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 should 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 fire,
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) : —
PABT I.
INTKODUCTOEY.
Short title. 1 — This Act may be cited as the London Building Act,
1894.
Division of g — This Act shall be divided into parts as follows : —
part?*0 Part I. Introductory.
II. Formation and Widening of Streets.
III. Lines of Building Frontage.
IV. Naming and Numbering of Streets.
V. Open Spaces about Buildings and
Height of Buildings.
VI. Construction of Buildings.
VII. Special and Temporary Buildings and
Wooden Structures.
VIII. Eights of Building and Adjoining
Owners.
INTRODUCTORY. 11
Part IX. Dangerous and Neglected Structures. Sec. 2.
,, X. Dangerous and Noxious Businesses.
,, XI. Dwelling-Houses on Low-Lying Land.
„ XII. Sky Signs.
,, XIII. Superintending Architect and District
Surveyors.
„ XIV. By-laws.
,, XV. Legal Proceedings.
„ XVI. Miscellaneous.
3 — This Act shall come into operation on, and shall take j^0™"
effect from the first day of January next after the passing ment of
thereof, which date is in this Act referred to as the com- Act>
mencement 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 1 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 — Defini-
1. The expression "street" means and includes anytlon8t
highway and any road, bridge, lane, mews, footway,
square, court, alley, passage, whether a thoroughfare
or not, and a part of any such highway, 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 proposed to con-
vert 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
1 Now the Sanitary Committee of the Corporation of London.
12 ME LONDON BUILDING AC*, 18§4.
Sec. 5. fc>r traffic, whether carriage traffic and foot traffic
or foot traffic only.
4. The term " centre of the roadway" means —
(a) In relation to any street or way of which the
centre of the roadway has been ascertained or
denned by the Council or the superintending
architect previously to or after the commence-
ment of this Act, the centre of the roadway as
so ascertained or denned ;
(6) In relation to any street or way of which the
centre of the roadway shall not have been
ascertained or denned by the Council or the
superintending architect, where the roadway
opposite the side 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 road-
way :
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 constituting
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, notwithstanding that the actual
centre of the roadway may have become altered by
reason of the roadway having been widened either
on one side only, or on both sides to an unequal
extent.
5. 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.
6. The expression " new building " means and includes —
Any building erected after the commencement of
this Act ;
INTRODUCTORY. 13
Any building which has been taken down for Sec. 5-
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 buildings which is
roofed or commenced to be roofed after the
commencement of this Act.
NOTE. — Under the old Metropolitan Buildings Act, if half of the
building had been removed then the whole of the building including
party walls had to be taken down, and although the words of the
Act are similar, yet in Section 208 party walls and external walls
are specially dealt with. The decision has been given that taking
down half of the building under the present Act does not affect the
party walls, which may continue contrary to the Act, and presum-
ably the external walls. Bub as to external walls there has not been
any decision. Crow v. Redhouse (1895), 59 J.P. 663, C.A.
ilf a timber stage is erected two storeys high, and ground storey
enclosed with shutters, it is a building. Legg v. Smith, Building
News, Sept. 2nd, 1892.
A stage used for storing timber, and enclosed by party walls with
the front and back open, and a staircase leading to the different
floors, and supported by wooden uprights, and covered with a zinc
flat, has been held to be a building and must be enclosed by walls.
Wallen v. Gliickstein, Building News, Feb. 3rd, 1893.
7. The expression " bressummer " 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, in 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 artificially
formed support on which the footings of the wall
rest, but in the case of a wall carried by a bres-
summer means such bressummer.
10. The expression " base " applied to a wall means the
underside of the -course immediately above the foot-
ings, 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
14 THE LONDON BUILDING ACT, 1894.
Sec. 5. 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 " means 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.
See note, Preliminary 6, page 150.
14. The expression "topmost storey" means the upper-
most storey in a building, whether constructed
wholly or partly in the roof or not.
15. The expression "external wall" means an outer
wall or vertical enclosure of any building not being
a party wall.
" The external parts of premises are those which form the en-
closure of them beyond which no part of them extends, and it is
immaterial whether those parts are exposed to the atmosphere or
rest upon and adjoin some other building, which forms no part of
the premises let." Green v. Eales (1841), 2 Q.B. (A. & E.) 225. •
For thickness of external walls, see First Schedule, pages 149-158,
Plates 12-21.
16. The expression "party wall'' means —
(a) A wall forming part of a building, and used or
constructed to be used for separation of ad-
joining buildings belonging to different owners,
or occupied, or constructed, or adapted, to be
occupied by different persons ; or
(b) A wall forming part of a building and standing
to a greater extent than the projection of the
footings on lands of different owners.
A wall has been held to be a " party wall " to such height as it
belongs in common to two buildings, and to cease to be a "party
wall" for the rest of its height. Western v. Arnold (1872), L.B. 8,
Ch. 10, 84 ; 43 L. J. (Oh.) 123.
17. The expression " cross wall " means a wall used, or
constructed to be used, in any part of its height as
INTRODUCTORY. 15
an inner wall of a building for separation of one Sec. 5-
part from another part of the building, that building
being wholly in, or being constructed or adapted to
be wholly in, one occupation.
For thickness of cross walls, see page 158 and Plate 17.
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 constructed
on the land of one owner, the footings of which
project into the land of another owner.
19. The expression " party arch ' ' means an arch separat-
ing adjoining buildings, storeys, or rooms belonging
to different owners, or occupied,, or constructed, 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 staircases
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 face of the building, or, where there
is no such footway, from the level of the ground,
before excavation, to the level of the top of the
parapet, or when 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.
For the way to measure the height of external and party walls,
see First Schedule, Preliminary 7, page 150. For the height of
rooms, see Section 70, page 63, and the First Schedule, Preliminary
6, page 150. Refer to First Schedule, Parts 1 and 2, for thickness
of walls for different classes »f buildings, pages 149-158.
22. The expression " area " applied to a building means
the superficies of a horizontal section thereof made
at the point of its greatest surface, inclusive of the
16 THE LONDON BUILDING ACT, 1894.
Sec. 5- external walls and of such portions of the party
walls as belong to the building.
23. The expression ' ' square " applied to the measurement
of the area of a building means the space of one
hundred 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 for human habitation.
26. The expression "domestic building" includes a
dwelling-house or 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 ballroom, 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 purpose,
also a building used or constructed, or adapted to
be used as an hotel, lodging-house, home, refuge, or
shelter, where such building extends to more than
two hundred and fifty thousand cubic feet, or has
sleeping accommodation for more than one hundred
persons.
A building acquired by the School Board of London for training
children of defective intellect was held not to be a public building.
Moses v. Marsland (1901), 1 K.B. 668, 70 L.J. 261.
A public building may also be an hotel for poor men within
Section 13 (5). See note to that section, page 28.
The Stock Exchange is a public building within the Act. See
L.B.A. Amendment Act 1898, Section 8, at page 178.
28. The expression " building of the warehouse class"
means a warehouse, factory, manufactory, brewery,
or distillery, and any other building exceeding in
INTRODUCTORY. 17
cubical extent one hundred and fifty thousand geCt 5,
cubic feet which is neither a public building nor a
domestic building.
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 otherwise than as a tenant from year tc
year or for any less term or as a tenant at will.
The expression " owner " includes the lessee of a chapel having
a lease for twenty-one years. Mourilyan v. Labalmondiere (1861),
25 J. P. 340.
The lessee who holds a long lease and sublets parts of the house
for shorter periods. Hunt v. Harris (1865), 12 L.T. 421 ; 34 L.J.
(C.P.) 249.
A tenant at will holding under an agreement for a lease is not an
owner. Orf v. Payton (1904), 3 L.G.R. 126 ; 69 J.P. 103.
30. The expression " occupier " does not include a
lodger, and " occupy " and " occupation " 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 desir-
ous of doing a work 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.
34. The expression " superintending architect " means
the superintending architect of metropolitan build-
ings for the time being.
35. The expression " district surveyor " means every
such surveyor who is appointed in pursuance of this
Act, or whose appointment is hereby confirmed,
2
18 THE LONDON BUILDING ACT, 1894.
Sec. 5. an^ shall include any deputy or assistant surveyor
appointed under this Act.
36. The expression "fire-resisting material " means any
of the materials and things described in the Second
Schedule to this Act.
This has been repealed by the London Building Acts (Amend-
ment) Act, 1905. Section 5 and the First Schedule of that Act
(pages 207-209) has taken its place.
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, including
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 expression " London " means the administrative
county of London.
41. The expression "the Council" means the London
County Council.
42. The expression " local authority " means the Vestry
or 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 Wool-
wich Local Board of Health.
The Local Government Act, 1899, constituted new boroughs as
authorities.
43. The expression " the City " means all parts now
within the jurisdiction of the Commissioners of
Sewers.
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,
WIDENING OF STREETS. 19
and the offices, courts, and buildings adjoining or Sec. 5-
appurtenant thereto, which now are used by, or
may hereafter be erected for the use of the Corpo-
ration, or of any committee, commission, or society
appointed by them.
46. The expression " Commissioners of Sewers " means
the Commissioners of Sewers of the City of
London.1
47. The expression " the tribunal of appeal " means
the tribunal of appeal constituted by this Act.
PART II.
FORMATION AND WIDENING OF STREETS.
6 — From and after the commencement of this ActAstomak-
streets shall not be made and ways shall not be widened, 1D
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
improve any street.
See by-laws hereon, pages 435 and 436.
For penalties, see Section 200 (1) (a) page 135.
7 — Before any person commences to form or lay out sanction to
any street, whether intended to be used for carriage traffic on^wti<m
or for foot traffic only, such person shall make an applica- streets.
tion in writing to 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 application shall be accompanied by plans
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
1 Now the Sanitary Committee of the Corporation.
20
THE LONDON BUILDING ACT, 1894.
Sec. 7.
street for carriage traffic or for foot traffic without having
obtained the sanction of the Council.
See by-laws " on formation and widening of streets," page 435.
A space or passage forming an entrance from a public street to
artisans' dwellings is not a street for foot traffic. L.C.C. v. Davis
(1895), 64 L.J. (M.C.) 212 ; 15 R. 509. It was held that the entrance
to a quadrangle, closed by gates, forming the courtyard of mansions,
was not within the section in the case of Wood v. L.C.G. (1895), 64
L.J. (M.C.) 276; 73 L.T. 313; 15 E. 569; but this was dissented
from in Armstrong v. L.C.C. (1900), 69 L. J. (Q.B.) 267 ; 1 Q.B. 416 ;
64 J.P. 197, where it was held that the approach to the quadrangle
surrounded by blocks or flats was within this section.
For penalty, see Section 200 (1) (a), page 135.
The defendant was the owner of land on which was a "way "
leading to his factories, and also over which other owners of pre-
mises had the right to go to their premises. The way was paved
with granite, and for the greater part of its length it was from 16
feet to 20 feet wide, and had gates at the end. Defendant enlarged
his building by extending it backwards, and widened the way by 4
feet, but he did not pave or make up any part of such widening.
Held that on the facts the defendant could not be convicted under
this section of commencing to form or lay out a new street, or under
Section 10 of altering or adapting a street for carriage traffic.
L.C.C. v. Heathman (1905), 69 J.P. 222 D.
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 shall be deemed to com-
mence 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.
Houses and shops already erected in main street ; afterwards at
the rear thereof coach-houses and stables were erected having a side
entrance. Held that building stables, &c., consistent with this
section. L.C.C. v. Dixon (1899), 68 L.J. (Q.B.) 526 ; 1 Q.B. 496 ; 63
J.P. 390.
Grounds 9 — ^n any °* ^e cases following but in no other case
for refusal (that is to say) : —
p°asnsnoflor 1. Where any street is proposed to be formed or laid
streets. out for carriage traffic, without being of or being
Evidence
of com-
mence-
ment of
street.
WIDENING OF STREETS. 21
widened to the full width of forty feet clear, or Sec. 9.
such other width as may be required under the
provisions of this Act ;
Appellant formed a street 60 feet wide, with an existing street
at each end, one end having gates fixed, &c., held that the appellant
was bound to keep open the street at both ends the whole width
of 40 feet. Daw v. L.C.C. (1890), 62 L.T. 937 ; 54 J.P. 502.
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 pro-
posed to be formed or laid out without being open
at both ends from the ground upwards ;
4. 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 communica-
tion 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 ;
Communications between two streets must be direct and not at
right angles to length. Woodham v. L.C.C. (1898), 1 Q.B. 863 ;
62 J.P. 342.
In A. H. and A. E. Simpson v. L.C.C., before the tribunal of ap-
peal, it was held that the appellants could not lay out new streets
which would not at and from the time of forming and laying out,
each afford direct communication between two streets formed or
laid out for carriage traffic. Builder, July 14th, 1900.
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 conditions ;
As to these conditions, see Section 190, page 132.
6. Where the street is proposed to be formed or laid out
for carriage traffic with any gradient steeper than
one in twenty ;
22 THE LONDON BUILDING ACT, 1894.
Sec. 9« 7. Where it is proposed to form or lay out any street in
such manner as to be in contravention of any by-
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 my be, 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 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 deemed
to have given their sanction thereto.
See Section 187 (2), page 130.
Calendar months. See 52 & 53 Viet., c. 3, § 3.
Adaptation ^Q — ]_ Before any person commences —
C (a) To adapt for carriage 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 ;
(b) To adapt as a street for foot traffic only or as
a public footway any way not previously 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 issued by the Council, and the Council shall
forthwith communicate every such applicant to the local
authority, and no person shall commence to execute any
such work without having obtained the sanction of the
Council.
See L.C.C. v. Heathman on page 20.
2. Within two months after the receipt of any such
application the Council shall either sanction the plans and
WIDENING OF STREETS. 23
sections or give notice to the applicant of their disapproval Sec. 10-
thereof, stating fully all their reasons for such disap-
proval. 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 person shall be deemed for the 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 boun-
dary or lay down lines of kerbing 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 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 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 mentioned, 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 traffic) 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, accompanied 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
(that is to say) :- j I?S£S
1. Whenever it is proposed to adapt for carriage traffic ada^tatio
any street or way (not previously so adapted) where streets8
there are houses or buildings either on both sides
thereof or only on one side thereof, without a dis-
tance of at least twenty feet clear being left between
the centre of the roadway and the nearest external
wall of the houses or buildings on the side of the
street or way to which the measurement is taken,
24 THE LONDON BUILDING ACT, 1894.
or (if there be forecourts or other spaces left be-
tween 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 proposed to adapt as a street for foot
traffic only or as a public footway any way not pre-
viously 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 adaptation would result in the for-
mation 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 width, and in
either case not being open at both ends from the
ground upwards ;
4. Where any such adaptation would result in the for-
mation 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
laying 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 by-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 receipt 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
WIDENING OF STREETS. 25
applicant of such order stating fully all their reasons for Sec. 11.
such refusal or the imposition of such conditions, as the
case may be. Provided also that if within 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 any case where it is intended — Greater
width of
(a) To form or lay out any street, not being within
two miles of Saint Paul's Cathedral, for car- in certin
riage traffic ;
(b) To adapt or permit to be used for carriage
traffic any street or way (not being within two
miles of Saint Paul's Cathedral) not previously
so adapted ;
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 forming, or
being so situate as to be likely to form part of an important
line of communication, or for other sufficient reason, be of
a greater width 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 newPosition of
structure or any part thereof or extend any building or f^w buiid-
J J . . J ings with
structure or any part thereof in such manner that any reference
external wall or any such building or structure, or (if to stree*8-
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
26 THE LONDON BUILDING ACT, 1894.
Sec. 13. at a distance less than the prescribed distance from the
centre of the roadway of any street or way (being a
highway).
The L.C.C. have no power to give their consent when a new
building has already been erected, within the distance without
their consent. Reg. v. L.C.C. (1897), 66 L.J. (Q.B.) 516.
2. Where the Council after consulting the local authority
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 forming, or being so situate
as to be likely to form, part of an important line of com-
munication, or for other sufficient reason, that the pre-
scribed 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 determine 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 side 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.
3. In case the person intending to erect, form, or extend
any such building, structure, forecourt, or space shall be
dissatisfied with the determination of the Council that the
prescribed distance shall be greater than twenty feet from
the centre of the roadway, he may appeal to the tribunal
of appeal against such determination of the Council.
4. The Council may in any case where they think it
expedient consent to the erection, formation, or extension
of any 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 proper 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 person dissatisfied with
WIDENING OF STREETS. 27
the determination of the Council under this sub-section Sec. 13.
may appeal to the tribunal of appeal.
Gas Companies are not exempted. L.C.C. v. Wandsworth and
Putney Gas Company (1900), 82 L.T. 562 ; 64 J.P. 500. L.C.C.
v. Metropolitan Gas Company, Building News, Dec. 9th, 1898. L C.C.
v. James Webster, Building News, Aug. 14th, 1896.
5. Provided that where any person intends to alter
or re-erect a building or structure existing either at the
commencement of 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 structures, 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 any) between any external wall of such building or
structure 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 accuracy) certify
the same under his hand, and such certificate shall be
taken to be conclusive evidence of the correctness of the
plans. Thereupon it shall be lawful for such person to
alter or re-erect such building or structure, but so that no
land within the prescribed distance shall be occupied by
the re- erected building or structure, or the forecourt or
such other open space as aforesaid (if any), except that
which was occupied within the prescribed distance by the
previously existing building, structure, forecourt, or open
If such person should fail to submit such plans to the
district surveyor, or the district surveyor or the tribunal
of appeal should 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
period aforesaid. Provided always that no dwelling-
house to be inhabited or adapted to be inhabited by
28 THE LONDON BUILDING ACT, 1894.
Sec. 13. persons of the working class shall without the consent of
the Council be erected or re-erected 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.
As to scale of plan and other particulars, see By-Law 2 (6),
page 436.
A public building in the nature of an hotel for poor men is not
a dwelling-house adapted to be inhabited by the working classes.
It may be a public building within Section 5 (27). L.C.G. v.
Rowton Houses, Ltd. (1897), 77 L.T. 693.
The two following cases were important. An owner erected
buildings and let these to separate tenants, who sublet them to
persons of the working class. L.C.G. v . Davis (1897), 77 L.T. 693. A
defendant had demolished thirteen old houses and erected on the same
a poor man's hotel or club. L.C.C. v. Rowton Houses, Ltd. (1897).
Held in both cases that the buildings did not come within Section
13, s.s. 5, and were not to be reckoned as houses for the working
class.
After a building had been commenced a plan was prepared and
certified by the District Surveyor, but a conviction was obtained.
L.C.C. v. W. J. Bush & Co., Ltd. Builder, March 16th, 1901.
If houses are erected in a neighbourhood where working-class
persons reside, and constructed in a manner that they would be
afterwards occupied by persons of the working class, although not
built for the working class only, such houses shall be deemed to be
inhabited by those persons, and would therefore fall within this
Section. Crow v. Davis, No. 1 (1903), 89 L.T. 407.
" When constructed" means at the time of building according to
the plans. Crow v. Davis, No. 2 (1904), 68 J.P. 447 ; 91 L.T. 88.
See also Section 42.
Instead of " prescribed distance " read " a distance of twenty feet
from the centre of the roadway," when dealing with dwelling-
houses inhabited or adapted to be inhabited by persons of the
working classes, and situated outside the city. See L.B.A. 1894
(Amendment) Act, 1898, Section 4, at page 176.
NOTE. — Plans for each old building must be certified. School
Board for London v. Bernard Dicksee, Westminster County Court,
Builder, May 21st, 1898.
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.
NOTICE TO SET BACK BUILDINGS. 29
NOTICE TO SET BACK BUILDINGS. Sec. 13.
Section 14 of the Act of 1894 is repealed by the Act of 1898,
Section 3 (1), which reads as follows (see pages 175 and
176) :—
3 — (1) In every case where any new building or new
structure or any part thereof is erected, or any building or
structure or any part thereof is extended in such manner
that any external wall of such building or structure, or (if
there be a forecourt or other space between such external
wall and the roadway) any part of any external fence or
boundary of such forecourt or space shall be at a distance
in any direction from the centre of the roadway of any
street or way (being a highway) less than the distance
permitted under Part II. of the principal 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 or extension of such building or structure, the Council
may serve a notice upon the owner or occupier of the said
building, structure, fence, or boundary, or upon the builder,
requiring him to cause such building, structure, fence, or
boundary, 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 at a distance in every direction from the centre of
the roadway of such street or way not less than the dis-
tance permitted under Part II. of the principal Act, and
shall be in accordance with such conditions and terms (if
any) as the Council or the tribunal of appeal may have
prescribed ,
15 — In any case where —
1. The Council under this Part of this Act make it a A| ^JJJJ1"
condition of their sanction to — £? certain
(a) the formation or laying out of any street for cases-
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 by buildings or by
market gardens ; or
(6) the adaptation or use for carriage traffic of
any street or way not previously so adapted
or used,
30 THE LONDON BUILDING ACT, 1894.
Sec. 15. that the street or way shall be throughout or in any
part of a greater width than forty feet ; or
2. The Council determine that the prescribed distance
from the centre of the roadway shall be greater than
twenty feet ;
the Council shall be liable to pay 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 agreed within two months
from the time of such condition being made or determina-
tion arrived at, may (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 be settled
by arbitration according to the provisions contained in the
Lands Clauses Acts, which are applicable where questions
of disputed compensation are authorised or required to be
settled by arbitration, and for that purpose those Acts so
far as applicable shall be deemed to be incorporated with
this Act :
Provided 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 consequence
of such condition or determination, and in connection with
the negotiations for the settlement of the amount of com-
pensation.
For the purpose of this section the expression "owner"
has the same meaning as in the Lands Clauses Acts.
AS to erec- 16 — Where after the commencement of this Act —
tion^of^ (i.) Any new building or structure is erected or com-
menced in such a manner that —
(a) any part of any external wall of any such
from""' building or structure ; or
ways nCt i^ there be between such external wall and the
being high roadway any forecourt or other space —
NOTICE TO SET BACK BUILDINGS. 31
(6) any part of the external fence or boundary of Sec. 16.
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 high-
way ;
(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, forecourt, 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 roadway of such way, or at
such distance and according to such conditions and
terms (if any) as the Council or the tribunal of ap-
peal may have sanctioned and prescribed ;
(iii.) Unless and until such first-mentioned notice has
been given to the Council and such last-mentioned
notice (if any) 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 within two years
before the twenty-second day of July, one thousand eight
hundred and seventy-eight, or the erection or extension
32 THE LONDON BUILDING ACT, 1894.
Sec. 16. °f any building or structure lawfully in course of erection
or extension on the said twenty-second day of July.
Until it is in accordance with the Act a way cannot become a
highway maintainable out of the rates. Stroud v. Wandsworth
District Board of Works (1894), 2 Q.B. 1 ; 70 L.T. 190.
Sanction to 17 — The Council may sanction the erection of any new
tSn8ofUnew building or structure at any less distance than the pre-
buiidings^ scribed distance from the centre of the roadway of any
prescribed" way (not being a highway), to be specified in such sanction,
distance. or ^he 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 conditions
(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. Provided
that the giving of such sanction by the Council shall not
in any manner affect any rights of the owners of adjoining
land.
See Section 190, page 132.
See By-law 2 (6), page 436.
Eeguia- 18 — Copies of the printed regulations of the Council
printed be issued for the purposes of this Part of this Act shall be
and sup- kept at the county hall and supplied at all reasonable times
without charge to any applicants for the same.
Appeal. 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 adaptation of a street or way
for carriage or foot traffic, or for the certificate of a dis-
trict 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 afore-
said, he may appeal to the tribunal of appeal.
AS to pri- 20 — Nothing in this Part of this Act shall extend or
£tt outby aPPty to anv private road formed or laid out by a railway
a railway company, and used as an approach to a station or station
' yard, or as an approach to land used for railway purposes.
LINES OF BUILDING FRONTAGE. 33
21 — Notwithstanding anything in this Act, any build- Sec. 21.
ings to be erected upon any lands now belonging to the ^|^ Jting
School Board for London, or over which they have powers school
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 immediately
before the passing of this Act.
[NOTE. — Future buildings erected on land not acquired by the
London School Board before the passing of this law are included.
The work of the London School Board is now carried on by the
L.C.C.]
PART III.
LINES OF BUILDING FBONTAGE.
22 — 1. No building or structure shall, without the con- Mode of
sent in writing of the Council, be erected beyond the
general line of buildings in any street or part of a street, jjj
place, or row of houses in which the same is situate, in yond line
case the distance of such line of buildings from the high- of street<
way does not exceed fifty feet, or within fifty feet of the
highway, when the distance of the line of buildings there-
from amounts to or exceeds fifty feet, notwithstanding
there being gardens or vacant spaces between the line of
buildings and the highway. Such general line of buildings
shall, if required, be defined by the superintending archi-
tect by a certificate, such certificate to be issued within
one month from the date of the application therefor.
As to particulars required by the Council, see Regulations as to
Applications, page 436.
When buildings are put up without consent, and no certificate
has been applied for, the architect may at any time decide what is
the general building line. Wandsworth B.W. v. Hall (1869), L.R.
4 C.P. Ellis v. Plumstead B.W. (1893), 68 L.T. 291.
A house at the corner of two streets must follow the building line
in each. Gilbart v. Wandsworth B.W. (1889), 60 L.T. 149.
A building was started at one end of a road and set back only 20
feet from the centre of roadway, whereas a house had been already
built at the other end of road, 30 feet from centre of road in a
new thoroughfare. Decided that the Act was only intended to
apply to buildings put up in an existing street, and not to a new
thoroughfare. Watt v. Meeson, Builder, July 9th, 1898.
3
34 THE LONDON BUILDING ACT, 1894.
Sec. 22» Lilley & Lilley & Skinner, Ltd. v. L.C.C. raised an important
question as to defining a general building line. The superintend-
ing architect issued his certificate under this section defining a
certain building line on the north side of Pentonville Road, Fins-
bury, between Southampton Street and North Street. Thos. Lilley
& Lilley & Skinner, Ltd., gave notice of appeal to the L.C.C. The
tribunal of appeal viewed the premises, and after hearing evidence
reversed the superintending architect's certificate. The L.C.C.
appealed to the Divisional Court who reversed the tribunal of
appeal's decision and upheld the superintending architect's certifi-
cate. The appellants appealed to the Court of Appeal but the
Divisional Court's decision wasi upheld. Lilley & Lilley & Skinner
v. L.C.C., Builder, December 7th, 1907.
A temporary structure had been erected 13 feet high and
standing out 3 feet from the building. It was used for the purpose
of displaying advertisements and was illuminated at night. The
magistrate convicted on the ground that it was a building within
the London Building Act, it being beyond the building line. The
King's Bench Court agreed with the magistrate and the rule was
discharged. Rex v. Denman (ex parte the Palace Theatre Company) ,
Building News, April 19th, 1907.
A show case which projected slightly in front of bay windows
was held by the Court not to be a structure. L.C.C. v. Hancock &
James, Builder, March 30th, 1907.
An iron framework on which was painted " vapour baths " and
covered on the top with zinc was fixed to the front of a building
by bolts and stay rods, and used for advertisement. Held that
the framework was not a structure and not a projection under
Section 73. L.C.C. v. Schewzik (1905), 2 K.B. 695.
2. This section shall not apply to any building or struc-
ture erected after the commencement of this Act upon
land 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.
Decided that though the appellant's lessor had commenced the
building prior to the existence of a general building line, this did
not entitle the appellant to continue such building after the general
building line was established, and that an order that the appellant
should demolish so much of the building as had been erected by
him in advance of the general building line was rightly made.
Wendon v. L.C.C. (1894), 1 Q.B. 812. A wall 14 inches thick
and 11 feet high, intended as a screen for advertisements ana
substituted for a dwarf wall, has been decided to be a building.
Lavy & Upjohn v. L.C.C. (1895), 2 Q.B. 577. A glass and iron
portico projecting beyond general building line and tenoned into
main structure, if not erected with consent of L.C.C. is within
this section. Coburg Hotel Co. v. L.C.C. (1899), 81 L.T. 450 ; 63
J,P. 805.
LINES OF BUILDING FKONTAGE. 35
It is the duty of the superintending architect to determine in Sec. 22-
what street a building is situated. Allen v. L.C.C. (1895), 2 Q.B.
587 ; 73 L.T. 101.
Advertising cases were fixed to buildings erected without consent
of the Council beyond the general line of buildings in a street, and
constructed of sheet-iron and supported by iron supports securely
cut and fixed into the front walls. Cases were formed of a wooden
frame and lined with advertisements, and proposed to be lighted
by electric light. Projected 10 inches beyond general line of
buildings. Magistrate decided that they were not structures with-
in the meaning of the Act. This decision was upheld in the King's
Bench Division. L.C.C. v. Illuminated Advertisements Co. (1904),
91. L.T. 352 ; 68 J.P. 445.
The tribunal in fixing the building line can take different points
to that of the superintending architect, from which and to which
they will define the building line. The L.C.C. appealed against
the order made by the tribunal of appeal, and the Court of King's
Bench upheld the tribunal's order. Re L.C.C. and L.B. Act, 1894
(1904), 91 L.T. 501 ; 68 J.P. 490.
In another case the superintending architect defined the general
line of buildings on the east side of Gliddon Road, Fulham — the
road being then a cul de sac. Subsequently it was decided to
develop the land, and to do this a bridge was built which apparently
became the continuation of the road. The superintending architect
in fixing the building line took the line of the existing houses in
Gliddon Road, and applied it to the bridge approach. Held that
there was no general line of buildings on the east side of the road
between Talgarth Road and the Metropolitan Railway ; that the
bridge was not a continuation of Gliddon Road, and the appellant
would not have to pull down his building. Marwood v. L.C.C.,
The Builder, May 26th and June 2nd, 1906.
Single storey shops erected on forecourts do not determine a
building line. Scott v. Carritt (1899), 82 L.T. 67.
L.C.C. v. the Metropolitan Railway Company and others was a
case of importance. On appeal to the tribunal of appeal as to the
certificate of the superintending architect defining the building
line the Council had appeared to support the decision of the archi-
tect. The tribunal varied the building line as defined by the archi-
tect and gave the parties costs as against the Council. The L.C.C.
appealed to the Divisional Court on the question of costs, and the
Court held that the tribunal had power to order the Council to pay
costs but gave leave for further appeal. L.C.C. v. Metropolitan
Railway and others, ^Builder, June 1st, 1907.
23 — 1. In case any building or structure which shall in Buildings
any part thereof project beyond the general line of build-
ings in a street, or beyond the front of the building, wall,
or railing on either side thereof, shall at any time be taken taken down
down to an extent exceeding one-half of the cubical extent
36 THE LONDON BUILDING ACT, 1894.
Sec. 23. of such building or structure, or shall be destroyed 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 same building or
structure, or any new building or structure proposed to be
erected on the site or any part of the site thereof, to be set
back to such a line and in such 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 where
questions of disputed compensation are authorised or re-
quired to be settled by arbitration, and for that purpose
those Acts so far as applicable shall be deemed to be in-
corporated with this Act. For the purpose of this section
the expression " owner " has the same meaning as in the
Lands Clauses Acts.
Notices of 24 — The superintending architect shall, within fourteen
definition ^[ayS after the issue of the certificate defining the general
line. 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 building or
land to which the certificate relates, and on the owner of
the houses in the same block 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
block or row, upon the owner of the adjoining land on
either side of the building or land to which the certificate
relates. Certificates made by the superintending architect
under this Part of this Act shall be preserved by the
Council, and be open to inspection at all reasonable times
by all persons desiring to inspect the same.
Appeal 25 — The local authority, or any person deeming to be
certffiScate aggrieved by the certificate of the superintending architect,
may appeal to the tribunal of appeal.
general
lin
line.
LINES OF BUILDING FRONTAGE. 3?
26 — In giving their consent for the erection of any conditions
building or structure beyond the general line of buildings, Cached to
in any street or part of a street, place, or row of houses, consent^ to
the Council may attach any conditions to such consent, front1?? "
and such conditions may include any or all of the conditions ^feeral
following, viz. : —
1. That 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 purposes
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.
The Council have no power to make the owner give up more than
the surface of land dedicated to the public, the owner can if he
desires construct cellar flaps in the land dedicated or left open for
the use of the public. L.C.C. v. Best & Co. (1893), 9 T.L.R. 499.
27 — The consent by the Council to the erection of any consent
building or structure beyond the general line of buildings affect* rest
in any part of a street, or the erection of such building or of general
structure, shall not be deemed to affect or alter in that or lme>
any other part of the street the general line of buildings as
existing at the time of such consent.
28 — The Council shall keep a register of all conditional Register of
consents given by them under this Part of this Act, and coSsint8nal
shall keep the same open for inspection by all persons *° be
interested at all reasonable times. open'Sr
inspection.
29 — The superintending architect shall, if required by Defining in
the Council, the local authority, or any person interested bStdi8ngeet
for the puposes of this Part of this Act, determine in any structure
case in what street or streets a building or structure is ls
situate, such determination to be evinced by his certifi-
38
THE LONDON BUILDING ACT, 1894.
Sec. 29. cate. Any person aggrieved by such certificate may appeal
to the tribunal of appeal.
Part of Act
not to ap-
ply in City.
Certain
powers of
railway
companies
not af-
fected by
this Part
of Act.
30 — This Part of this Act shall not apply within the City.
31 — Nothing 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.
The L.C.C. appealed from the decision of the tribunal of appeal
who had quashed the certificate of the superintending architect
defining the general line of buildings in the Crystal Palace Parad e.
It was held the railway companies had adopted the wrong pro-
cedure by appealing to the tribunal of appeal and allowed the
appeal. The South-Eastern and Chatham Railway Companies
Managing Committee and others v. L.C.C., Builder, March 23rd,
1907.
PART IV.
NAMING AND NUMBERING OF STREETS.1
Notice of 32 — Before any name is given to any street, notice of
of Itree1?6 *^e intended name shall be given to the Council, and the
Council may by notice in writing, given to the person by
whom notice of such 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
°ame.s ?* of every street to be painted or affixed on a conspicuous
streets by .» , IMT in
local part of some house or building at or near each end or
authority. entrance to such street, or some other convenient part of
the street, and shall renew such name whenever it may be
obliterated or defaced.
See Regulations and Rules of London County Council, page 442.
NAMING AND NUMBERING OF STREETS. 39
34 — The Council may by order alter the name of any Altering
street to any other name which to the Council may seem fit.
35 — One month before making an order altering the Notice of
name of a street, the Council shall notify their intention James of
of making such alteration to the local authority, and shall streets.
also cause notice of their intention to be 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 be given to the Council.
36 — 1. The Council may order that any houses
buildings in any street, or way, or any part thereof, shall ing houses-
for the purpose of distinguishing the same, be marked
with such numbers as they shall deem convenient for that
purpose, and which they shall specify in their order in
that behalf.
2. Whenever the Council have made any such order they
shall transmit a copy thereof to the local authority, and it
shall be the duty of the local authority to perform all
necessary acts, and to take all requisite proceedings for
carrying the order of the Council into execution.
3. The local authority shall give notice to the owners
or occupiers of the houses 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 men-
tioned 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
40 THE LONDON BUILDING ACT, 1894.
Sec. 37. any order made by them in pursuance of the provisions of
Power to this Part of this Act to any local authority, and such local
nameCand° autnori*y nave ^or tne space of three months after the
Sumbern receipt of such order failed to perform all or any of the
aSaSft'of j necessary acts, or to take all or any of the requisite pro-
authorft ' "' cee^nSs *or carrying sucn order into execution, then, and
complying m every such case the Council may perform all or any of
with order. such necessary acts, or take all or any of such necessary
proceedings which the local authority have failed to per-
form 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.
Register to 38 — The Council shall keep a register of all alterations
made by them in the names of streets and in the numbers
the houses therein, and such register shall be kept in
such form as to show the date of every such alteration,
and the name of the street previous to such alteration 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.
PART V.
OPEN SPACES ABOUT BUILDINGS AND
HEIGHT OF BUILDINGS.
Meaning of 39 — For the purposes of this Part of this Act the ex-
buiSing"0 Passion " domestic building " shall not include any build-
in this part ings used or constructed, or adapted to be used wholly or
principally as offices or counting-houses.
1
\ Light and 40 — In the case of domestic buildings erected after the
of hawt-°n commencement of this Act which shall have a habitable
able base- basement, there shall for the purpose of giving light and
air to such basement be provided in the rear of the build-
ing and exclusively belonging thereto, an open space of an
aggregate extent of not less than one hundred square feet
Plate 1
DOMESTIC BUILDINGS ON^EW STREETS
WTH BASEMENT —^ JTHOg*
PLANS
OPEtf SPACES. 41
free from any erection thereon above the level of the ad- Sec. 40
joining pavement, which open space, notwithstanding any-
thing hereinafter contained, need not necessarily adjoin the
rear boundary of the premises.
For rules, see Section 70, pages 63-65.
Read also herewith Public Health (London) Act, 1891 (54 & 55
Viet., c. 76, ss. 96, 97 & 98), pages 316-319.
See Plates 1 and 3.
41 — 1. With respect to domestic buildings erected after Space at
the commencement of this Act, and abutting upon a street domestic
formed or laid out after the commencement of this Act, the buildings,
following provisions shall have effect : —
(i.) There shall be provided in the rear of every such
building an open space exclusively belonging to
such building, and of an aggregate extent of not
less than one hundred and fifty 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 which the ground storey is appro-
priated, 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 provided 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
from any erection thereon above the level of the
adjoining pavement, except a water-closet, earth-
closet, or privy, and a receptacle for ashes, and
enclosing walls, none of which erections shall ex-
ceed nine feet in height ;
See Plates 1 and 3.
(ii.) Such open space shall extend throughout the entire
width of such building, and to a depth in every
part of at least ten feet from such building ;
The height of any such building in relation to the
space required in the rear thereof shall be fixed and
ascertained as follows : —
42 TfiE LONDON BUILDING ACT, 1894.
Sec. 41. («) An imaginary line (hereafter referred to as
" the horizontal line ") shall be drawn at
right angles to the roadway formed or to
be formed in front of the building, and
through or directly over a point in front of
the centre of the face of the building ;
(b) 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 through-
out at the level of the pavement formed or
to be formed in front of the centre of the
building, unless the site of the building in-
cline towards the roadway or site of the road-
way, in which case the horizontal line shall
be drawn directly over the said point in front
of the centre of the face of the building at
the level throughout of the ground, 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 '') shall be
drawn in the direction of the building above
and in the same vertical plane with the
horizontal line, and inclined thereto at an
angle of 63J degrees, and meeting the hori-
zontal line where it intersects the boundary
of the space furthest removed from such
roadway ;
(e) No part of such building shall extend above
the diagonal line except chimneys, dormers,
gables, turrets, or other architectural orna-
ments, 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 on the open space ;
(/) When the pavement in front of a building
is not all on one level, then for the purpose
of compliance with this section the mean
level of such pavement shall be deemed to be
Hate 2
I LLU STRATION AS TO SEC ,41 .BACK YARDS .
\C&ntrf of
JfoTi^
SECTION .
I!
l!
•S
;£*
M *£
J-/0-rt.j<,-n,tct.l
Z-i-irve,
\
§* *
\ ^ •
' i
r H
^
*v '
«« J
fl i 'i
mr '
w/^-'/— >
PLAN.
diagram..^ VL ittastratioTL of the angle where Domestic, Buildings are
erected abutting on. Streets laid, out after 1st January 1895 &tke stringency
is reuizeal -where. ttwDoTnestic building abnts on,Strccts laulffutlefvre the
commencement of Act by the "horizontal tine being raisesL 76 feet above, the
pavement level.
OPEN SPACES. 43
the level thereof. And where the boundary Sec. 41,
of the space at the rear of such building is
not parallel with the rear wall of the build-
ing, then for the purpose of this section the
horizontal line shall be drawn to a point
distant from such rear wall, the mean dis-
tance from such wall of the boundary of the
space at the rear of such building, whether
such point be beyond the said boundary or
not ;
(g) When the boundary 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 applicant
if dissatisfied with the determination of the
Council may appeal to the tribunal of appeal ;
(h) When the land at the rear of any such build-
ing and exclusively belonging thereto abuts
immediately upon a street, or upon 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 hori-
zontal line at the centre of the roadway of
such street at the level of the surface thereof,
or at the further boundary of such open space,
and it shall not be necessary to provide any
open space at the rear of such building :
See Plate 2.
(iv.) The Council may —
(a) In the case of a building at a corner abutting
upon two streets ;
(6) 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 maintenance of
which as an open space is secured perma-
44 THE LONDON BUILDING ACT, 1894,
Sec. 41- nently, 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 determina-
tion of height by the diagonal line shall prevent
the return front of such buildings being carried up
to the full height of the front elevation for a dis-
tance of forty feet, or for such less distance as the
requirements for open space at the rear may de-
mand.
(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 modifi-
cations shall not interfere with the due access of
light or air ; and all persons interested, dissatisfied
with any determination of the Council under this
sub-section, may appeal to the tribunal of appeal.
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 pro-
visions of this section shall apply with this modification,
that the horizontal line shall be* drawn throughout at a
level of sixteen feet above the level of the adjoining pave-
ment, 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 — the open space to be pro-
vided in accordance with paragraphs (i.) and (ii.) of Sub-
section 1 of this section may be provided above the level
Plaie 3
DOMESTIC BUILDINGS ON OLD STREETS
SECTIONS 40410
DOMESTIC BUILDINGS NOT INHABITED BY PERSONS OF THE
WORKING CLASS
STREET.
SECTIONS
DOMESTIC BUILDINGS INHABITED BY THE WORKING CLASSES
-WTH BASEMENT H-MTHOUT BASEMENT
PLANS
Page 4-5.
OPEN SPACES. 45
of the ceiling of the ground storey, or above a level of Sec. 41,
sixteen feet (exclusive of lantern lights) above the level of
the adjoining pavement.
See Plates 3 and 5.
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, provided 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 permitted under the
preceding provisions of this section) had extended above
such diagonal line. The applicant if dissatisfied with the
determination of the Council may appeal to the tribunal of
Nothing in this section shall apply to houses abutting in
the rear on the river 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.
For the definition of dwelling-houses to be inhabited or adapted
to be inhabited by persons of the working class, see the cases
quoted at end of Section 13, Sub-section 5, page 28.
Decided that a two-storey building comprising a coach-house
for vans on the ground floor, and a stable for horses on the first
floor, was a "domestic building". Hewitt v. Kirk & Randall,
Southwark Police Court, April 10th, 1895.
Walduck v. L.C.C. was an appeal from the decision of the L.C.C.
in not allowing a modification of the provisions with regard to an
irregular open space at the rear and a portion of the building to ex-
tend above the diagonal line. Appellant claimed that the building
was a public building and did not apply. A large open space existed
at the rear but not in communication with the building, and suffi-
cient cubic space for light and air was provided about the buildings
at the rear and sides. Respondents contended that the open space
must extend the whole width of the building. The tribunal granted
the application under certain conditions. Walduck v. L.C.C.,
Builder, Dec, 27th, 1902.
way
46 THE LONDON BUILDING ACT, 1894.
open space 42 — The following provisions shall have effect with
provided respect to dwelling-houses to be inhabited or adapted to
tainUbufid- ^e inhabited by persons of the working class, erected after
ings not on the commencement of this Act, not abutting upon a
thepubiic 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 a
sufficient plan or plans exhibiting the extent and
height of the intended dwelling-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 any case where the Council are satisfied, taking
all the circumstances of the case into consideration,
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 prescribe any conditions when
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 com-
mencement 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 sanction 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 same of their
OPEN SPACES. 47
disapproval thereof, the Council shall be deemed to Sec. 42.
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.
For the definition of " dwelling-houses to be inhabited or adapted
to be inhabited by persons of the working class," see the cases quoted
at end of Section 13, Sub-section 5, page 28.
43 — When any person intends to erect a domestic saving for
building— not being a dwelling-house to be inhabited or^jjjjjc
adapted to be inhabited by persons of the working class — ^ofd Ss
abutting upon a street on the site of domestic buildings OK
existing at the commencement of this Act, or on a site
vacant at the commencement of this Act, but which has
been occupied by a domestic building 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 evidence of their
accuracy) certify the same under his hand, and
such certificate shall be taken to be conclusive
evidence of the correctness of the plans ;
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 refuse
48 THE LONDON BUILDING ACT, 1894.
Sec. 43. *° certify the accuracy of the same, such person
shall in rebuilding be bound by the preceding
provisions of this Part of this Act relating to
domestic buildings erected after the commence-
ment of this Act, abutting upon a street formed
or laid out before that date :
Building owner not entitled to deviate in any respect from the
certified plans without the consent of the L.C.C. under this section.
Paynter v. Watson (1898), 2 Q.B. 31 ; 67 L. J. (Q.B.) 640.
(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
conditions shall not in any case be more onerous
than the conditions prescribed for domestic build-
ings erected after the commencement of this Act,
abutting on a street formed or laid out before that
date :
(iii.) A person dissatisfied with any decision of the
Council or of a district surveyor under this section
may appeal to the tribunal of appeal.
Laying out 44 — When any person desires to re-arrange a cleared
Greets on area Previ°usty occupied in whole or in part by buildings,
cleared00 by forming or laying out a new street or streets, or widen-
ing a street or streets, he may make application to the
Council 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.
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.
Plate
SECTION 45
COURTS WITHIN A BULHNC CLOSED
ON ALL SIDES
PLAN
- BBH
r
SECOND FLOOR
FIRST FLOOR
GROUND FLOOR
HABITABLE ROOM
SECTION
COURTS flTHIN A BUILDING OPEN ON
ONE SIDE
PLAN
SECOND FLOOR
FIRST FLOOR
HABITABLE ROOM
GROUND FLOOR
SECTION
Page 4-9.
COURTS WITHIN A BUILDING. 49
Any applicant dissatisfied with the determination of the Sec. 4A*
Council may appeal to the tribunal of appeal.
As to requirements of the L.C.C., see By-law II. (e), page 437.
45 — Where a court wholly or in part open at the top courts
but enclosed on every side, and constructed or used f of building,
admitting light or air to a domestic building, is con-
structed 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 by the owner of the building by means of a com-
munication between the lower end of the court and the
outer air.
No habitable room not having a window directly open-
ing into the external air, otherwise than into a court
enclosed on every side, shall be constructed in any building,
unless the width of such court measured from such window
to the opposite wall shall be equal to half the height,
measured from the sill of such window to the 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 be held to
comply with this section if a court of the same area but
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.
See Plate 4, page 49.
For method of measuring height, Section 5, Sub-section (21),
page 15.
46 — In any case when it may be necessary the super- superin-
intending architect shall determine which is the f ront Jj^iSfct
and which is the rear of a building, such determination may define
4
50
THE LONDON BUILDING ACT, 1894.
Sec. 46. to be evidenced by his certificate. Any person dissatisfied
with such certificate may appeal to the tribunal of appeal.
front or
rear of
buildings.
Height of
buildings
limited.
Procedure
where
greater
height
allowed.
47 — A building (not being a church or chapel) shall not
be erected of, or be subsequently increased to a greater
height than eighty feet (exclusive of two storeys in the roof
and of ornamental towers, turrets, or other architectural
features or decorations) without the consent of the Council.
Provided that where a contract shall have been lawfully
made previously 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 apply 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 buildings exceed the
height prescribed by this section, nothing in this section
shall 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 equal 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.
See By-law !!.(/), page 438.
See Plate 5, page 50.
48 — 1. Whenever the Council consent to the erection
of any building of a greater height than that prescribed by
this Act, notice of such consent shall, within one week
after such consent has been given, be published and served
in such manner as the Council 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 against
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
Plate 5
HDGHT AND OPEN SPACES ABOUT BULDNGS
SECTIONS 41, 47^49
STREET FORMED BEFORE 1862
STREET FORMED 1862 TO 1894
STREET FORMED AFTER 1894
2?OTEL If i tfifsMJtvsfyF GaZl^d'-Buildings tfalveight of a Bnildingmay be/
e&frcrnsfh&baAecPfa fo two Stories wz^
witfv no re&tric&jjns ccs to the, nzcrriber or &xfen£ c
>fho7i£ (Section; 4-7)
ccments cere/ permtttecL' to tfasezctenf' cf
total/ length/ of such/ BtH^oHn^( Sections 41. S.S. 1. Hi (&}.) Paqe;5().
WHEN COUNCIL ALLOW GREATER HEIGHT. 51
aggrieved by the grant of such consent in Sec. 48*
respect of the last-mentioned building ; or
(b) Any applicant for consent which has been re-
fused
may respectively within twenty-one days after the publica-
tion of notice of the consent, or after the date of the re-
fusal (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 with-
in twenty-one days 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 refusal.
4. In the case of an appeal against the refusal of
consent, any owner or lessee of any building or land
within one hundred yards of the site of the intended
building may appear and be heard before the tribunal of
appeal against any application to reverse or vary the re-
fusal.
An appeal was made from the certificate issued by the L.C.C. to
the defendants, allowing them to carry up their buildings to the
heights of 120 feet and 110 feet. The objection was lodged by the
plaintiff, in respect of Vine Street Police Station. A considerable
portion of the houses fronting Regent Street had been cleared away,
and nearly all the block would be cleared shortly. Application was
made to the Council for consent to build an hotel to a greater height
than 80 feet, which was granted, and the necessary notices were
served on the Receiver of Police as adjoining owner. Both parties
had the same landlords, and were debarred from bringing any action
for light and air. The question for the tribunal was to consider
whether the Council acted rightly in giving the certificate, and
whether the buildings should be allowed to go higher than 80 feet.
The tribunal of appeal dismissed the appeal. Receiver of Metro-
politan Police v. Piccadilly Hotel Syndicate, Builder, Nov. 17th,
1906.
49— After the commencement of this Act no existing Heights of
building (other than a church or chapel) on the side of a {^Sin
street formed or laid out after the seventh day of August, cases.
one thousand eight hundred and sixty-two, and of a less
width than fifty feet, shall without the consent of the
Council be raised, and no new building shall, without the
consent of the Council, be erected on the side of any such
52 THE LONDON BUILDING ACT, 1894.
Sec. 49- street so that the height of such building shall exceed the
distance of the front or nearest external wall of such build-
ing from the opposite side of such street.
Where such building is erected or intended to be erected
on a corner plot, so as to abut upon more than one street,
the height of the building shall (unless the Council other-
wise consent) be regulated by the wider of such streets
so far as it abuts or will abut upon such wider street, and
also so far as it abuts or will abut upon the narrower of
such streets to a distance of forty feet from the wider
street. Provided that any building erected or raised be-
fore the commencement 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.
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.
See Plate 5, page 50.
Baising of 50 — Nothing in this Part of this Act contained shall
so'asto88 prevent the raising of any building by increasing the
w°ithPlrovi height °f ^e toPmost storey thereof to such an extent
Sonsof Act only as may be necessary for the purpose of bringing any
Ibiwoomt ! habitable rooms constructed in such topmost storey into
conformity with the provisions of this Act relating to
habitable rooms.
See Section 70, pages 63-65.
AS to re- 51 — Nothing in this Part of this Act contained shall
certain" °f prevent the re-erection on the same site, and of not greater
working- dimensions, of any dwelling-house inhabited or adapted
ing88ofWeU~ to be inhabited by persons of the working class, erected
thority1 ^y a local authority previously to the passing of this Act.
saving for 52 — In the case of domestic buildings and buildings
domestic erected or adapted for use as stables, such domestic
buildings buildings and such stable buildings being upon sites
stabies in abutting in the front upon a street and in the rear upon
the rear. mews, and such sites being of a depth of not more than
one hundred and fifty feet measured from street to mews,
the following provisions shall in certain cases have effect : —
Plate 6
RECESSES IN EXTERN AL& PARTY WALLS (SECTION 54)
& CHASES IN PARTY WALLS (SECTION 60.)
7-0"
flan, jfiftrinf greatest six* of chase and
Itast distance, la another.
Floo
ectsscsnfft to
jcceed% art a*
A. A These openings
Tnusi be archtd GO
comply wiM the Act
unless Ike recess »e
5" deep or Jess .then,
'ftcty be corbelled
" f Sec. 5* a**.
.£(*)-
line she**
altcrrua&vearch, *huh>
still L^m/orisses in a
it form, the
largest areou the Act
allots
floor
ELEVATION.
\area. sf Recesse s & Open my s
\aJbove ofrou,nd sloret/nolls
Page SB.
a S4.
CONSTRUCTION OF BUILDINGS. 53
If the stable buildings be limited to a depth of fifty feet, Sec. 52.
measured from the mews frontage, and to a height of
twenty-five feet, measured from the level of the mews,
and if the open space required for the domestic build-
ing under Section 41 of this Act be provided between,
the domestic building and the stable building may
for all other purposes of the said section, whether in
one occupation or not, be deemed to be one domestic
building with the rear abutting upon a street.
PART VI.
CONSTRUCTION OF BUILDINGS.
53 — Subject to any by-laws of the Council made in structure
pursuance of this Act, walls shall be constructed of the J^of °k~
substances and in the manner and of not less than the wails,
thickness prescribed by this Act or mentioned in the First
Schedule to this Act.
For buildings exempt from this part of the Act, see Sections 201-
206, pages 140-145.
See Section 164 as to by-laws, pages 121-123.
For Construction of Public Buildings, see Section 78, page 71.
For powers of District Surveyor with regard to open shed build-
ings, see the First Schedule, Preliminary 1, page 149.
54 — 1. Recesses and openings may be made in external Rules as to
walls provided—
(a) That the backs of such recesses are not of less ing8-
thickness than eight and a half inches ; and
(b) That 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 recesses are not of less
thickness than thirteen inches ; and
(b) That over every recess so formed an arch of at
least two rings of brickwork of the full depth
54 THE LONDON BUILDING ACT, 1894.
Sec. 54- of the recess be turned on every storey, except
in the case of recesses formed for lifts ; but
where such recess does not exceed five inches
in depth, corbelling in brick or stone may be
substituted for the arching ; and
(c) That the areas of such recesses do not, taken to-
gether, exceed one-half of the whole area of the
wall of the storey in which they are made ;
and
(d) 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 accordance with
any rules made in that behalf by the Council, to give con-
sent 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.
See Sections 15-22, pages 220-224.
Rules as to 55 — All woodwork fixed in any external wall, except
ex?oSain bressummers and storey-posts under the same, and frames
walls. 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 by-
law 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.
See By-law II. (g), page 438.
It will be observed that door and window frames can by this sec-
tion be fixed flush with the external face of wall instead of being
set back 4 inches as required in previous Acts,
CONSTRUCTION OF BUILDINGS. 55
56 — 1. Every bressummer, whether of wood or metal, Sec. 56.
shall have a bearing in the direction of its length of four Eules as to
inches at least at each end upon a sufficient 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, stan-
chions, or piers of brick or stone, or corbels, as may be
sufficient to carry the superstructure, and the ends of such
bressummer, if of wood, shall not be placed nearer to the
centre line of the party walls than four inches.
For definition of bressummer, see Section 5 (7), page 13.
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 in
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- Height ana
bustible materials, adjoin an external wall, such wall shall ^parapets
be carried up so as to form a parapet one foot at the least to external
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 : — -
56 THE LONDON BUILDING ACT, 1894.
Sec. 58- (a) When a wall is, after the commencement of this Act,
Cases in built as a party wall in any part ; or
waiictoabe W Where a wa^ built before or after the commencement
deemed a of this Act becomes after the commencement of
party wall. thig A(jt ft party wftll in any part .
the wall shall be deemed a party wall for such part of its
length as is so used.
For definition of party wall, see Section 5 (16), page 14.
Height of 59 — 1. Every party wall shall be carried up of a thick-
above root! ness m a building of the warehouse class equal to 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, or fifteen
inches above the highest part of any flat or gutter, as the
case may be.
2. Every party wall 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 within four feet from such party wall, and
shall extend at the least 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 opposite thereto, and
within four feet therefrom.
For definition, see Section 5 (28), page 16.
[NOTE.— When converting a wall of adjoining house into a party
wall by an addition, the building owner must conform with this
section. Marsland v. Thompson, Builder, Oct. 27th, 1900.]
For rights of adjoining owners, see Section 87, pages 76-78.
See Section 10, London Building Acts (Amendment) Act, 1905,
page 189.
Rules as to 60 — In a party wall a chase shall not be made wider than
party walls, fourteen inches, nor more than four and a half inches deep
from the face of the wall, nor so as to leave less than 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
Plate r,
LANTERN LIGHT, POSITIONS TO
FRONT AND PARTY WALLS.
Sectwn 59. (2).
SECTION
A. A.
SECTION
B.B.
CD
PLAN
Pag* 56
CONSTRUCTION OF BUILDINGS. 57
wall, or within thirteen inches from an external wall. No Sec. 60'
chase shall be made in a wall of less thickness than thirteen
inches.
61 — 1. The flat, gutter, and roof of every building, and Rules as to
every turret, dormer, lantern light, skylight, or other erec- §onSXu°"
tion placed on the flat or roof thereof shall be externally roofs-
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.
See Section 73 (1) for regulations as to cornices, eaves, to an
overhanging roof, pages 66-69.
Under the M.B. Act, 1855. " Duroline " (a substance of woven
wire with oleaginous coating) was held not to be an incombustible
material. Payne v. Wright (1892), 1 Q.B. 104.
See Greig v. Robertson, pages 113 and 114.
2. [Eepealed by the London Building Acts (Amendment)
Act, 1905. Section 12 of that Act substituted. Pages
190-192.]
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 apply to towers, turrets, or spires.
4. The plane of the surface of the roof of any other
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 apply
to towers, turrets, or spires.
62 — 1. Not more than two storeys shall be constructed storeys in
in the roof of any domestic building.
2. Any storey constructed 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 street level, shall
be constructed of fire-resisting materials throughout.
See Section 5 (27), page 16, which gives a list of buildings which,
having more than 250,000 cubic feet, may be considered as public
buildings, and to which this section would not apply.
As to materials, see First Schedule, pages 207-209.
58 THE LONDON BUILDING ACT, 1894.
Sec. 63. 63 — [Kepealed by the London Building Acts (Amend-
ment) Act, 1905. Section 7 substituted. Pages 184-187.]
Rules as to 64 — 1. Chimneys built on corbels of brick, stone, or
otner incombustible materials may be erected if the work
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 are
carried upon iron girders with direct bearings upon party,
external, or cross walls, to the satisfaction of the district
surveyor.
2. Chimneys 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.
See Sub-section 20 (c), infra, page 60.
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 project more than four inches from the face of the
wall, and the jamb on either side be of less width than
seventeen and a half inches, the abutments shall be tied in
by an iron bar or bars of sufficient 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, tavern, or eating-house,
unless the flue be surrounded with brickwork at least
eight and a half inches thick from the floor on which such
oven, furnace, cockle, steam boiler, or close 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
CHIMNEYS & FLUES IN EXTERNAL
& PARTY WALLS.
Plate 8
SECTION.
FRONT
The arch iilhc usual
fo777t, of construction,
but, the Act dots rut
insist on this, sec
Sec. 64, suA. Sec. 17.
PLAN
P LA N
ny thickness Jearocclion,
of Jamas '
„ '.ivm* thicknetf 8r projection,
'rirvf a,rchia,T of Ja.-rr.bt Ihol rey*,i.*t no o-reJt, 9o,r
ope
J
r than,
ni,n f on each
P*la,n of Fire alett
Parly *a,ll
Pages 58-6
CHIMNEYS AND FLUES. 59
feet in height, measured from the level of the floor on Sec. 64.
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 every 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 every fireplace opening shall be at least
eight and a half inches wide on each side of the opening
thereof.
9. The breast of every chimney and the brickwork sur-
rounding 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 stonework at least four inches thick through-
out, to a height of not less than three feet above the roof,
flat, or gutter adjoining thereto, measured at the 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 be built in cement.
14. 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
60 THE LONDON BUILDING ACT, 1894.
Sec. 64. inches longer on each side than the width of such opening,
and at the least eighteen inches wide 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.
" New brickwork " means brickwork new at the time of building
the flue, and does not include a party wall dividing two houses if
previously constructed. Aerated Bread Co. v. 'Shepherd (1897),
13 T.L.R. 311.
19. A chimney breast or shaft built with or in any party
wall shall not be cut away, unless the district surveyor
certifies that it can be done without injuriously affecting
the stability of any building.
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 conveyance of smoke, hot
air, or steam, or letting in, removing, or
altering smoke jacks ;
(b) Forming openings for soot doors, such open-
ings to be fitted with a close iron door and
frame ;
See Sub-section 2, supra, page 58.
(c) 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.
FURNACE CHIMNEY SHAFTS. 61
21. Timber or woodwork shall not be placed — Sec. 64.
(a) In any wall or chimney breast nearer than
twelve inches to the inside of any flue or
chimney opening ;
(b) Under any chimney opening within ten inches
from the upper surface of the hearth of such
chimney opening ;
(c) Within two inches from the face of the brick-
work or stonework about any chimney or
flue where the substance of such brickwork
or stonework is less than eight and a half
inches thick, unless the face of such brick-
work or stonework is rendered.
22. Wooden 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 two
inches thereto.
65 — Unless the Council otherwise permit, every chimney Furnace
shaft for the furnace of a steam engine, brewery, distillery, g£lft" .ey
or manufactory shall be constructed in conformity with the
following rules : —
The requirements as to smoke consumption are set out in the
Public Health (London) Act, 1891, Sections 23 and 24.
See L.C.C. Regulations and Rules for consent for chimney shafts,
By-law II. (h), page 438.
1. Every shaft shall be carried up throughout in brick-
work and mortar of the best quality, and if detached,
shall taper gradually from the base to the 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 shaft,
. and for twenty feet 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 feet
measured downwards :
3. Every cap, cornice, pedestal, plinth, string course, or
other variation from plain brickwork shall be pro-
vided as additional to the thickness of brickwork
required under this Act, and every cap shall be
constructed and secured to the satisfaction of the
district surveyor :
62 THE LONDON BUILDING ACT, 1894.
Sec. 65. 4. The foundation of the shaft shall always be made to
the satisfaction of the district surveyor on concrete
or other sufficient foundation :
5. The footings shall spread all round the base by
regular offsets to a projection equal to the thickness
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 square 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 inde-
pendent of the thickness of brickwork prescribed by
these rules, and shall not be bonded therewith.
Rules as to QQ — 1. The floor under every oven, copper, steam boiler,
andpfoes8 or stove which is not heated by gas, and the floor around
ing vtTour ^ same> snall for a space of eighteen inches be formed of
&cgva 'r> materials of an incombustible and non-conducting nature
not less than six inches thick.
See Section 64, Sub-sections 15, 16, 17, for regulations as to
domestic chimney openings, pages 59 and 60.
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 public 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.
5. 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 conveying
hot water or steam at low pressure.
Plate 9.
SHEWS THE LEAST HEIGHT
PERMITTED BY THE ACT FOR HABITABLE ROOMS
WHOLLY OR PARTLY IN THE ROOF.
SECTION A.B.
ATTIC PLAN
Page 63
CONSTRUCTION OF BUILDINGS. 63
For the purposes of this section, hot water or steam Sec. 66*
shall be deemed to be at low pressure when provided with
a free blow-off.
67 — The floor over any room or enclosed space in which Floors
a furnace is fixed, and any floor within eighteen inches nacel and
from the crown of an oven, shall be constructed of fire- ovens,
resisting materials.
See First Schedule of London Building Acts (Amendment) Act,
1905, pages 207-209.
68 — In every public building and in any other building Rules as to
of more than one hundred and twenty-five thousand feet
in cubical extent, and which is constructed or adapted
be used as a dwelling-house for separate families, the floors
of the lobbies, corridors, passages and landings, and also
the flights of stairs shall be of fire-resisting material, and
carried by supports of a fire-resisting material.
See London Building Acts (Amendment) Act, 1905. The First
Schedule, pages 207-209.
See L.C.C. Regulations on Theatre Construction, pages 452-485,
and regulations as to staircases of public buildings, Section 80,
pages 72 and 73 of this Act.
69 — I- In every building constructed or adapted to be ventilation
occupied in separate tenements by more than two families, £ases.ir~
the principal staircase used by the several families in
common shall be ventilated upon every storey above the
ground storey by means of windows or skylights opening
directly into the external air, or shall be otherwise ade-
quately ventilated.
2. The principal staircase in every building being a
dwelling-house, and not subject to the provisions of Sub-
section 1 of this section, shall be ventilated by means of a
window or skylight opening directly into the external air.
70 — 1- (&) Every habitable room, except rooms wholly Rules as to
or partly in the roof, shall be in every part at least eight ?ooms.ble
feet six inches in height from the floor to the ceiling ;
(b) Every habitable room wholly or partly in the roof of
any building shall be at least eight feet in height from the
floor to the ceiling throughout not less than one-half the
area of such room ;
64 THE LONDON BUILDING ACT, 1894.
Sec. 70. (c) Every habitable room shall have one or more windows
opening directly into the external air or into a conservatory,
with a total superficies clear of the sash frames free from
any obstruction to the light equal to at least one-tenth of
the floor area of the room, and so constructed that a por-
tion equal to at least one-twentieth of such floor area can
be opened, and the opening in each case shall extend to at
least seven feet above the floor level ; but a room having
no external wall, or a room constructed wholly or partially
in the roof, may be lighted through the roof by a dormer
window, with a total superficies clear of the sash frames
free from any obstruction to the light equal to at least one-
twelfth of the floor area of the room, and so constructed
that a portion of such window equal to at least one-twerity-
fourth of such floor area can be opened, and the opening
in each case shall extend to at least five feet above the
floor level, or such room may be lighted by a lantern light,
of which~a portion equal to at least one-twentieth of the
floor area can be opened ;
It is not compulsory to put a fireplace in a habitable room when
other means of ventilation exist. One must be put in a one-room
tenement. See L.C.C. General Powers Act, 1908 (for cooking), page
215.
The L.C.C. by-laws, made under the Public Health (London) Act,
1891, Section 39 (1), require a window to W.Cs. of at least two
square feet in area, page 538.
(d) In a building being a dwelling-house, every basement
room having a wooden floor other than a floor constructed
of solid wood bedded on concrete, shall have a sufficient
space between the ground and the floor surfaces to admit
of ventilation by means of air-bricks or otherwise ;
See Section 40, pages 40 and 41.
(e) Every habitable room constructed over a stable shall
be separated from the stable by a floor which shall have, in
every part not occupied by a joist or girder, a layer of
concrete plugging of good quality or of other solid con-
struction three inches in thickness, finished smooth upon
the upper surface and properly supported, and the under-
side of such floor shall be ceiled with lath and plaster of
good quality or of other solid construction ;
Any staircase or gallery or structure by which such
rooms shall be approached shall be separated from any
CONSTRUCTION OF BUILDINGS. 65
stable to which it may adjoin by a brick wall not less Sec. 70.
than nine inches in thickness ;
See Section 52, pages 52 and 53.
(/) Nothing in this Act shall affect, alter, or repeal any
of the provisions of the Public Health (London) Act, 1891,
relating to underground rooms.
See regulations as to underground rooms, pages 316-319.
2. If any person knowingly suffer any room constructed
after the commencement of this Act that is not constructed
in conformity with this section to be inhabited, he shall,
in addition to any other liabilities to which he may be
subject, be liable to a penalty for every day during which
such room is inhabited.
71 — 1. Every party arch or party floor and every arch Rules as to
or floor over any public way, or any passage leading JJJgs over
through or under a building or part of a building to premises public
in other occupation, shall be formed of brick, stone, orm
other incombustible materials.
2. If an arch of brick or stone be used it shall be of the
k thickness of eight and a half inches at least, and the centre
of such arch shall be higher than the springing at the rate
of one inch at least for every foot, and also for any frac-
tional part of a foot of span.
3. If an arch or floor or other incombustible material be
used, it shall be constructed in such manner as may be
approved by the district surveyor.
72 — 1. Every arch or other construction under any Rules as to
passage leading to premises in other occupation, or under
any public way or intended public way, shall be formed
of brick, stone, or other incombustible materials.
2. If an arch of brick or stone be used, it shall —
(a) Where its span does not exceed ten feet, be of
the thickness of eight and a half inches at
least ;
(b) Where its span exceeds ten, but does not
exceed fifteen feet, be of the thickness of
thirteen inches at least; and
5
66 THE LONDON BUILDING ACT, 1894.
Sec. 72. (c) Where its span exceeds fifteen feet, be of such
thickness as may be approved by the district
surveyor.
3. If an arch or other construction of other incombus-
tible material be used, it shall be constructed in such
manner as may be approved by the district surveyor.
In the case of chambers constructed to hold electric light wires
under the public way by a public authority, they must be con-
structed to district surveyor's satisfaction. Whitechapel Board of
Works v. Crow (1901), 84 L.T. 595.
And the same decision was followed in the Charing Cross and
Strand Electricity Supply Corporation v. Woodthorpe (1903), 88
L.T. 772.
By the Metropolis Management Act, 1855, Section 101, page 252,
consent to form vault under street is necessary from Borough
Council, and in the City of London consent must be obtained from
the Corporation. See City of London Sewers Act, 1848, Section 125.
Rules as to 73 — The following provisions shall (except with the con-
Sons.°" sen* °f *ne Council) apply to projections from buildings : —
For plans required by L.C.C. for consent, see Kegulations II.
(2), page 439.
1. Every coping, cornice, string course, fascia, window-
dressing, portico, porch, balcony, verandah, balus-
trade, outside landing, outside stairs and outside
steps, and architectural projection or decoration
whatsoever, and also the eaves, barge boards and
cornices to any overhanging roof, except the cornices
and dressings to the window fronts of shops, and
except the eaves, barge boards and cornices to
detached and semi-detached dwelling-houses, and to
other dwelling-houses in which the party walls are
corbelled out so as to project four inches beyond
such eaves, barge boards, or cornices, shall be of
brick, tile, stone, artificial stone, slate, cement, or
other fireproof material :
For the purpose of this sub-section a pair of semi-
detached houses shall be deemed to be one building :
For fire-resisting materials for verandahs, &c., see First Schedule,
II. 5, London Building Acts (Amendment) Act, 1905, pages 207-209.
2. Every balcony, cornice, or other projection shall be
tailed into the wall of the building, and weighted
Plate 10
GREATEST PROJECTIONS OF SHOP FRONTS
AND CORNICES IN FRONT OF EXTERNAL WALL OF
THE BUILDING TO WHICH IT BELONGS.
Section, 73. (3).
If Sired or
lest lh*n, S
If street or way
more than. S'
WWM
NOTE. No part of ike alove
may ft on. or ove.r t,Ji<
1/7- yTt. <*.ny land yit/en u,p to
nly -for
Page 6 7.
CONSTRUCTION OF BUILDINGS. 67
or tied down to the satisfaction of the district sur- Sec. 73.
veyor, and no cornice shall exceed in projection
two feet six inches over the public way :
3. In a street or way of a width not greater than thirty
feet, any shop front may project beyond the ex-
ternal wall of the building to which it belongs to
any extent not exceeding five inches, and any
cornice of any such shop front may project to any.
extent not exceeding thirteen inches ; and in any
street or way of a width greater than thirty feet,
any shop front may project to any extent not ex-
ceeding ten inches, and any cornice of any such
shop front may project to any extent not exceeding
eighteen inches beyond the external wall of the
building to which it belongs, over the ground of
the owner of the building, provided that this pro-
vision shall not authorise in any such street the
projection of any part of any such shop front other
than the cornice on or over the public way or any
land to be given up to the public way :
4. No part of the woodwork of any shop front shall be
fixed higher than twenty-five feet above the level
of the pavement of the public footpath in front of
the shop. No part of the woodwork of any shop
front shall be fixed nearer than four inches to the
centre of the party wall where the adjoining pre-
mises are separated by a party wall, or nearer than
four inches to the face of the wall of the adjoining
premises, where the adjoining premises have a
separate wall, unless a pier or corbel of stone, brick,
or other incombustible material, four inches wide
at the least, be placed as high as such woodwork,
and projecting throughout an inch at the least in
front thereof between such woodwork and the
centre of the party wall, or the separate wall as the
case may be :
5. In a street of a width not less than forty feet, or to
a building the front wall of which is not at a less
distance than forty feet from the opposite boundary
of the street, bay windows to dwelling-houses may
be erected on land belonging to the owner of the
building, notwithstanding the provisions of this
68 THE LONDON BUILDING ACT, 1894.
Sec. 73. Act relating to buildings beyond the general line
of buildings in streets, provided that such bay
windows —
(a) Do not exceed three storeys in height above
the level of the footway ;
(b) Do not project more than three feet from
the main wall of the building to which they
are attached;
(c) Do not project in any part within the pre-
scribed distance of the centre of the roadway ;
(d) Are in no part nearer to the centre of the
nearest party wall than the extreme amount
of their projection from the main wall of the
building to which they are attached ;
(e) Do not taken together exceed in width three-
fifths of the frontage of the building towards
the street to which such bays face ;
(f) Are not constructed upon any part of the
public way or upon any land agreed to be
given up to the public way ; and
(g) Shall not be used for trade purposes :
Bay windows to which the foregoing rules
do not apply shall not be erected without
the consent of the Council after consulting
the local authority.
As window frames (Section 55, page 54) can now be fixed flush
with external face of wall, and bay windows are not included in
projections which are to be fireproof in Section 73 (1), page 66, it
follows that the piers are not required to be of brick or stone.
6. In a street of a width not less than forty feet, or to
a building the front wall of which is not at a less
distance than forty feet from the opposite boundary
of the street, projecting oriel windows or turrets
may be constructed. Provided that —
(a) No part of any such projection extend more
than three feet from the face of the front
wall of the building, or more than twelve
inches over the public way ;
(&) No part of any such projection be less than
ten feet above the level of the footway of
the street ;
(c) No part of any such projection (where it over-
CONSTRUCTION OF BUILDINGS. 69
hangs the public way) be within a distance Sec. 73.
of four feet of the centre of the nearest
party wall ;
(d) On no floor shall the total width of any such
projections taken together exceed three-
fifths of the length of the wall of the build-
ing on the level of that floor ;
(e) Every such projection be constructed to the
satisfaction of the district surveyor, or in
the event of disagreement, to the satisfac-
tion of the superintending architect, whose
determination shall be final :
Oriel windows or turrets to which the fore-
going rules do not apply, shall not be erected
without the consent of the Council after con-
sulting the local authority :
7. The roof, flat, or gutter of every building and every
balcony, verandah, shop front or other similar
projection or projecting window shall be so ar-
ranged and constructed, and so supplied with
gutters and pipes as to prevent the water there-
from from dropping upon or running over any
public way :
8. Except in so far as is permitted by this section in
the case of shop fronts and projecting windows,
and with the exception of water pipes and their
appurtenances, copings, string courses, cornices,
fascias, window dressings, and other like archi-
tectural decorations, no projection from any build-
ing shall extend beyond the general line of
buildings in any street except with the permission
of the Council after consulting the local authority.
Projections under this sub-section apply to those only forming
part of the building to which they are attached. Hull v. L.C.C.
(1901), 1 K.B. 580.
See also L.C.C. v. Illuminated Advertisement Company, in which
this case is quoted at end of Section 22, page 35.
A projection formed of ironwork filled in with glass and lighted
by lamps inside was fixed to a building. It projected 5 feet 6 inches
in advance of the building line. Held by the magistrate that it was
a projection within this section. The King's Bench Division upheld
magistrate's decision. A. & F. Pears, Limited v. L.C.C. 105 L.T.R.
525.
70 THE LONDON BUILDING ACT, 1894,
Separation 74 — 1. Every building shall be separated either by an
ingsmld external wall or by a party wall or other proper party
structure from the adjoining building (if any), and from
each of the adjoining buildings (if more than one).
2. In every building exceeding ten squares in area used
in part for purposes of trade or manufacture, and in part
as a dwelling-house, the part used for the purposes of
trade or manufacture shall be separated from the part used
as a dwelling-house by walls and floors constructed of fire-
resisting materials, and all passages, staircases, and other
means of approach to the part used as a dwelling-house
shall be constructed throughout of fire-resisting materials.
The part used for purposes of trade or manufacture shall
(if extending to more than two hundred and fifty thousand
cubic feet) be subject to the provisions of this Act relating
to the cubical extent of buildings of the warehouse class :
Provided that there may be constructed in the walls of
such staircases and passages, such doorways as are neces-
sary for communicating between the different parts of the
building, and there may be formed in any walls of such
building openings fitted with fire-resisting doors.
Dicksee v. Hoskings (1901), 85 T.L.R. 205. The district surveyor
gave notice of objection to a proposed new building intended to be
used as a beerhouse. The builder appealed against the notice, and
the magistrate found as a fact that " the basement and ground floor
of the said building was intended to be used for the purpose of the
trade of a beerhouse, and that the part above the ground floor was
intended to be used as a dwelling-house for the licensed occupier".
He held, however, that the case was governed by Carritt v. Godson
(80 T.L.R. 771), and overruled the objection of the district sur-
veyor. This decision was upheld in the K.B. Division. The Court
of Appeal, however, reversed the decision of the Courts below, and
held that the finding of fact, which could not be reversed, was con-
clusive that the building came within the provision of this section.
The First Schedule of the London Building Acts (Amendment)
Act, 1905, sets out fire-resisting materials, pages 207-209.
For construction of staircases and corridors, see Section 78, p. 71.
A public-house is not a building used in part for trade and in part
as a dwelling-house. Carritt v. Godson (1899), 2 Q.B. 193.
3. In every building exceeding twenty-five squares in
area, containing separate sets of chambers or offices, or
rooms tenanted or constructed or adapted to be tenanted
by different persons, the floors and principal staircases
shall be of fire-resisting materials :
CONSTRUCTION OF PUBLIC BUILDINGS. 71
But this provision shall not entitle the district surveyor Sec. 74.
to charge for the inspection of each set of chambers as a
separate building.
Sections 75, 76, and 77 are repealed by the London
County Council (General Powers) Act, 1908, Part III.,
relating to buildings, and new provisions are enacted in
Sections 15 to 22, pages 192-198.
78 — Notwithstanding anything in this Act, every public construc-
building, including the walls, roofs, floors, galleries, and Jjifuc
staircases, and every structure and work constructed or buildings,
done in connection with or for the purposes of the same,
shall be constructed in such manner as may be approved
by the district surveyor, or in the event of such disagree-
ment may be determined by the tribunal of appeal, and
save so far as respects the rules of construction every
public building shall throughout this Act be deemed to be
included in the term building, and be subject to all the
provisions of this Act in the same manner as if it were a
building erected for a purpose other than a public purpose.
No public building shall be used as such until the dis-
trict surveyor or the tribunal of appeal shall have declared
his or their approval of the construction thereof.
After the district surveyor shall have so declared his
approval, or shall certify that it has been constructed as
directed by the tribunal of appeal, any work affecting or
likely to affect the building shall not be done to, in, or on
the building without the approval of the district surveyor
or such certificate as aforesaid.
For definition of public building, see Section 5 (27), page 16.
The thickness of walls of public buildings are not specified in the
London Building Act, but have to be approved by the district
surveyor.
For the construction of staircases of public buildings, see Sec-
tions 68 and 80, pages 207-209.
Temporary wooden seating inside a building is not under the
supervision of the district surveyor. Venner v. M'Donell (1897),
66 L.J. (Q.B.) 273.
A removable wooden floor covering a public swimming bath was
held not to affect the swimming bath, and not to be supervised by
district surveyor on refixing. Handover v. Meeson (1903), 67 J.P.
313.
79 — Where it is proposed to convert or alter any build
72 THE LONDON BUILDING ACT, 1894,
Sec. 79- ing erected for a purpose other than a public purpose into
Conver- a public building, such conversion or alteration shall be
sion of carried into effect, and the public building thereby formed,
houses, &c. ,. , n. ,, ., e a n • n j. •
into public including the walls, roofs, floors, galleries, and staircases
buildings, ^hereof shall be constructed in such manner as may be
approved by the district surveyor, or in the event of dis-
agreement may be determined by the tribunal of appeal,
and the provisions of this Act shall apply to such alteration
or conversion as though it were the construction of a public
building.
staircases QQ — The following rules shall be observed with respect
andhul esto new churches, chapels, meeting-houses, public halls,
chapels, public lecture-rooms, public exhibition-rooms and public
places of assembly, or additions or alterations by which
increased accommodation is to be provided to existing
churches, chapels, and meeting-houses, public halls, public
lecture-rooms, public exhibition-rooms, or public places of
assembly : —
(a) Every staircase for the use of the public shall be
supported and enclosed by brick walls not less
than nine inches thick. The treads of each flight
of stairs shall be of uniform width :
(6) No staircase, internal corridor, or passage-way for
the use of the public shall be less than four feet
six Cinches wide. Provided that where not more
than two hundred persons are to be accommodated
in such church, chapel, meeting-house, hall, lecture-
room, exhibition-room, or place of assembly, such
staircase, internal corridor, or passage-way may be
of the width of three feet six inches :
(c) Every staircase, corridor, or passage-way for the use
of the public, and which communicates with any
portion of the building intended for the accom-
modation of a larger number of the public than
four hundred, shall be increased in width by six
inches for every additional one hundred persons,
until a maximum width of nine feet be obtained.
Provided always that in every case where the stair-
cases are six feet wide and upwards, they shall
be divided by a hand-rail. Provided also that in
CONSTRUCTION OF PUBLIC BUILDINGS. 73
lieu of a single staircase, corridor, or passage-way Sec. 80.
of the width in this sub- section prescribed, it shall
be lawful to substitute two staircases, corridors, or
passage-ways, each being of a width at least equal
to two-thirds of the width in this sub-section pre-
scribed for the single staircase, corridor, or passage-
way, but so that neither of such two substituted
corridors, staircases, or passage-ways shall be less
than three feet six inches wide :
(d) In all cases where a portion of the public is to be
accommodated over or at a higher level than others
of the public, a separate means of exit of the width
above prescribed for staircases, internal corridors,
or passage-ways, and communicating directly with
the street or open space, shall be provided from
each floor or level :
(e) All doors and barriers shall be made to open out-
wards, and no outside locks or bolts are to be
affixed thereto.
See Sections 68 and 78, pages 63 and 71, for construction of
buildings mentioned in this section.
81 — Where a building erected after the commencement Appiica-
of this Act under, or in, or by enclosure of a railway arch to°buUd-
or abutting thereon, is constructed or adapted to be used j£fiwayd
for human habitation, this Act shall apply to the building arches,
and to every work done to, in, or on the same in like
manner, and to the like extent as far as may be, as if the
building were built in any other position.
PART VII.
SPECIAL AND TEMPORARY BUILDINGS AND
WOODEN STRUCTURES.
Certain buildings and works are exempt from this part of the
Act. See Sections 201-206, pages 140-145.
82 — 1. Where a builder is desirous of erecting an iron
building or structure, or any other building or structure
to which the general provisions of Part VI. of this Act
74 TfiE LONDON BUILDING ACT, 1834.
Sec. 82. are inapplicable, or in the opinion of the Council inappro-
Appiica- priate, having regard to the special purpose for which the
council for building or structure is designed and actually used, he
buildings shall make an application to the Council, accompanied by
ruiIaoTAct a plan of the proposed building, with such particulars as
aifcabie ^° ^e cons*ruc^on thereof as may be required by the
Council.
2. The Council, if satisfied with such plan and particu-
lars, shall signify their approval of the same in writing,
and thereupon the building may be constructed according
to such plan and particulars, but the Council shall not
authorise any building of the warehouse class to be erected
of greater cubical extent than two hundred and fifty
thousand cubic feet except in accordance with the foregoing
provisions of this Act.
3. The Council may, for the purpose of regulating the
procedure in relation to such applications, issue such
general rules as they think fit as to the time and manner
of making applications, and as to the plans to be presented,
the expenses to be incurred, and any other matter or thing
connected therewith.
4. All expenses incurred in and about the obtaining the
approval of the Council shall be paid by the builder to
the superintending architect, or to such other person as
the Council may appoint, and in default of payment may
be recovered in a summary manner.
5. A copy of any plans and particulars approved by the
Council shall be furnished to the district surveyor within
whose district the building to which such plans and par-
ticulars relate is situate, and it shall be his duty to ascer-
tain that the same is built in accordance with the said
plans and particulars.
Control by Q3 — Where an application is made to the Council by
°f any person stating his desire to erect in any place an iron
or other building, or structure of a temporary character,
to which the general provisions of Part VI. of this Act
are inapplicable, the Council may, if they approve of the
plan and particulars of the building or structure, limit the
period during which it shall be allowed to remain in that
place, and may make their approval subject to such con-
ditions as to the removal of the building or structure,
CONTROL OF TfcMPOlURY BUILDINGS. 75
or otherwise as they think fit ; and if at the expiration Sec. 83-
of that period, the building or structure be not removed
in accordance with those conditions, the Council may
serve a notice on the occupier or owner of such building
or structure, requiring him to remove it within a reason-
able time specified in the notice, and if the occupier or
owner fail to remove such building or structure within
the time named, the Council may, notwithstanding the
imposition and recovery of any penalty, cause complaint
thereof to be made before a petty sessional court, who
shall thereupon issue a summons requiring such occupier
or owner to appear to answer such complaint, and if the
said complaint is proved to the satisfaction of the court,
the court may make an order in writing authorising the
Council to enter upon the land upon which such building
is situated, and to remove or take down the same and do
whatever may be necessary for such purposes, and also to
remove the materials of which the same is composed to a
convenient place, and (unless the expenses of the Council
be paid to them within fourteen days after such removal)
sell the same as they think proper.
84 — 1. No person shall set up in any place any wooden wooden
structure (unless it be exempt from the operation of this J^fo'be8
Part of this Act) except hoardings enclosing vacant land er.e^t
and not exceeding in any part twelve feet in height without Sense of
having first obtained for that purpose a license from the council.
Council, and the license may contain such conditions with
respect to the structure and the time for which it is to be
permitted to continue in the said place as the Council
think expedient.
In City of Westminster v. L.C.C. (1902), 71 L.J. (K.B.) 244, it
was held that a wooden stand, built for persons to view a procession,
was a wooden structure, and that the licensing of such structures
was transferred from L.C.C. to the Borough Councils by Section 5
(1), London Government Act, 1899.
In Westminster v. Watson and others (1902), 2 K.B. 717 ; 87 L.T.
326, held that district surveyors have the supervision of temporary
structures, but licenses are to be granted by the Borough Councils.
[NOTE. — The power under this section is now transferred to the
Borough Councils from the London County Council, by London
Government Act, 1899, Second Schedule, Part I.]
The First Schedule of the London Building Act, 1894 (page 149),
Section 1, allows certain exemptions as to construction of open
sheds.
76 THE LONDON BUlLDfNG ACT, 1894.
Sec. 84- 2. Provided that a license shall not be required in the
case of any wooden structure of a movable or temporary
character erected by a builder for his use during the con-
struction, alteration, or repair of any building, unless the
same is not taken down or removed immediately after such
construction, alteration, or repair.
Provided that this section shall not extend to or apply
within the City, or to any hoarding duly licensed by the
local authority under any statutory powers in that behalf.
piles of 85 — This part of this Act shall not apply in the case of
timber not a P^e> stack, or store of timber not being a structure affixed
regarded as or fastened to the ground.
structures.
See Section 197, pages 133 and 134.
AS to 86 — Structures or erections erected or set up upon the
ofrrUaCiiwaeys premises of any railway company, and used for the pur-
companies, poses of or in connection with the traffic of such railway
company, shall be exempt from the operation of this Part
of this Act.
Railway arches used as stables are exempt. North Kent Railway
v. Badger (1858), 27 L.J. (M.C.) 106.
Wooden structure erected by coal merchant for work connected
with delivery by company to coal merchant and by him to customers
is exempt. Elliott v. L.C.C. (1899), 2 Q.B. 277 ; 81 L.T. 155.
See Section 201 (8), pages 141 and 142.
PAKT VIII.
EIGHTS OF BUILDING AND ADJOINING
OWNERS.
For definitions, see Section 5, Sub-sections (31) and (32).
Eights of 87 — Where lands of different owners adjoin and are
owners of unbuilt on at the line of junction, and either owner is
h?ndsmn ' about to build on any part of the line of junction, the
erectkmnof following provisions shall have effect :—
wails on 1. If the building owner desire to build a party wall
junction. on the line of junction he may serve notice thereof
on the adjoining owner, describing the intended
wall:
BUILDING AND ADJOINING OWNERS. 77
2. If the adjoining owner consent to the building of a Sec. 87.
party wall, the wall shall be built half on the land
of each of the two owners, or in such other position
as may be agreed between the two owners :
3. The expense of the building of the party wall shall
be from time to time defrayed by the two owners
in due proportion, regard being had to the use
made and which may be made of the wall by the
two owners respectively :
See Section 95 (2), page 89.
4. If the adjoining owner do not consent to the building
of a party wall, the building owner shall not build
the wall otherwise than as an external wall placed
wholly on his own land :
5. If the building owner do not desire to build a party
wall on the line of junction, but desires to build an
external wall placed wholly on his own land, he
may serve notice thereof on the adjoining owner
describing the intended wall :
6. Where in either of the cases aforesaid the building
owner proceeds to build an external wall on his own
land, he shall have a right at his own expense, at
any time after the expiration of one month from
the service of the notice, to place on the land of the
adjoining owner, below the level of the lowest floor,
the projecting footings of the external wall, with
concrete or other solid sub- structure thereunder,
making compensation to the adjoining owner or
occupier for any damage occasioned thereby, the
amount of such compensation, if any difference
arise, to be determined in the manner in which
differences between building owners and adjoining
owners are hereinafter directed to be determined.
Where an external wall is built against another external
wall or against a party wall, it shall be lawful for the
district surveyor to allow the footing of the side next such
other external or party wall to be omitted.
See note at end of Section 5, Sub-section 29, page 17. (Orf v.
Payton (1904), 3 L.G.R. 126; 69 J.P. 103.)
See also note at end of Section 90, Sub-section 1, page 81.
(List v. Sharp (1897), 76 L.J. 45 ; 66 L.J. (Gh.) 175.)
78 THE LONDON BUILDING ACT, 1894.
The Railway Company under Section 45 of the Railway Clauses
Act, 1845, demolished a house without giving the adjoining owner
the required notice. The Company's statutory enactments authorise
them to pull down, but mentioned nothing as regards party struc-
tures. The Company must be treated under the London Building
Act as an ordinary owner desirous of doing work affecting a party
wall under Section 5, Sub-section (31), and they must give the required
notice.
Lewis & Salome v. The Charing Cross, Euston, and Hampstead
Railway Company (C.D.), Builder, Feb. 17th, 1906.
88 — The building owner shall have the following rights
in relation to party structures (that is to say) : —
1. A right to make good, underpin, or repair any party
structure which is defective or out of repair :
2. A right to pull down and rebuild any party structure
which is so far defective or out of repair as to make
it necessary or desirable to pull it down :
A party wall condemned as dangerous is also dealt with in Sections
102 to 117, pages 92-98.
In the case of a boundary wall partly used as a party wall, it was
decided that that part so used was a party wall, and that the defend-
ant was entitled on giving proper notices to take down such part of
the wall as was considered necessary for the rebuilding. Knight v.
Pursell (1879), 11 Ch.D. 412.
It was decided in this case that the defendant could make good,
underpin, or repair any party structure which is defective or out of
repair even in the case of dampness. Minturn v. Barry, Builder,
March 31st, 1911.
3. A right to pull down any timber or other partition
which divides any buildings and is not conformable
with the regulations of this Act, and to build instead
a party wall conformable thereto :
4. In the case of buildings having rooms or storeys, the
property of different owners intermixed, a right to
pull down such of the said rooms or storeys, or any
part thereof as are not built in conformity with
this Act, and to rebuild the same in conformity with
this Act :
5. In the case of buildings connected by arches or com-
munications over public ways, or over passages
belonging to other persons, a right to pull down
such of the said buildings, arches, or communica-
tions, or such parts thereof, as are not built in con-
BUILDING AND ADJOINING OWNERS. 79
formity with this Act, and to rebuild the same in Sec. 88-
conformity with this Act :
6. A right to raise and underpin any party structure
permitted by this Act to be raised or underpinned,
or any external wall built against such party struc-
ture, upon condition of making good all damage
occasioned thereby to the adjoining premises, or to
the internal finishings and decorations thereof, and
of carrying up to the requisite height all flues and
chimney stacks belonging to the adjoining owner,
on or against such party structure or external wall :
Raising may include adding to the foundation. Standard Bank
of South Africa v. Stokes (1878), 9 C.D. 68 ; 47 L.J. (Ch.) 554.
Where an adjoining owner had acquired the right of support, and
a building owner raised the party wall and damaged the adjoining
owner's ancient lights, he has a right of action against the building
owner. Hughes v. Percival (1883), 72 L.J. (Q.B.) 719.
A building owner cannot rid himself of any liability to the adjoin-
ing owner by employing a competent contractor should damage
arise to the building of the adjoining owner. Lemaitre v. Davies
(1881), 19 C.D. 281 ; 46 L.T. 407.
The surveyors acting under this Section act rightly in refusing
to give compensation for loss of trade. The Court made it clear when
works were carried out under certain provisions of the Act com-
pensation can be awarded for this loss, Sections 87 s.s. 6, 93 s.s. 3,
and section 95 s.s. 2(b). Adams v. Marylebone Borough Council,
L.R. (1907) 2 K.B. 822.
7. A right to pull down any party structure which is
of insufficient strength for any building intended
to be built, and to rebuild the same of sufficient
strength for the above purpose upon condition
of making good all damage occasioned thereby to
the adjoining premises or to the internal finishings
and decorations thereof :
8. A right to cut into any party structure upon con-
dition of making good all damage occasioned to the
adjoining premises by such operation :
9. A right to cut away any footing or any chimney
breasts, jambs, or flues projecting, or other pro-
jections from any party wall or external walls in
order to erect an external wall against such party
wall, or for any other purpose, upon condition of
making good all damage occasioned to the adjoining
premises by such operation :
80 THE LONDON BUILDING ACT, 1894.
Sec 88. For fchis Purpose a certificate must be obtained from the district
surveyor. See Section 64 (19), page 60.
10. A right to cut away or take down such parts of any
wall or building of an adjoining owner as may be
necessary in consequence of such wall or building
overhanging the ground of the building owner, in
order to erect an upright wall against the same,
on condition of making good any damage sustained
by the wall or building by reason of such cutting
away or taking down :
11. A right to perform any other necessary works in-
cident to the connection of a party structure with
the premises adjoining thereto. But the above
rights shall be subject to this qualification, that any
building which has been erected previously to the
date of the commencement of this Act shall be
deemed to be conformable with the provisions of
this Act if it be conformable with the provisions
of the Acts of Parliament regulating buildings in
London before the commencement of this Act :
12. A right to raise a party fence wall, or to pull the
same down and rebuild it as a party wall.
Rights of 89 — 1. Where a building owner proposes to exercise any
owui??ng of the forgoing rights with respect to party structures,
the adjoining owner may by notice require the building
owner to build on any such party structure such chimney
copings, jambs, or breasts, or flues, or such piers or re-
cesses, or any other like works as may fairly be required
for the convenience of such adjoining owner, and may be
specified in the notice, and it shall be the duty of the
building owner to comply with such requisition in all cases
where the execution of the required works will not be in-
jurious to the building owner, or cause to him unnecessary
inconvenience or unnecessary delay in the exercise of his
right.
2. Any difference that arises between a building owner
and adjoining owner in respect of the execution of any
such works shall be determined in manner in which
differences between building owners and adjoining owners
are hereinafter directed to be determined.
BUILDING AND ADJOINING OWNERS. 81
90 — 1. A building owner shall not, except with the Rules as to
consent in writing of the adjoining owner and of the ® J6hts8by°f
adjoining occupiers, or in cases where any wall or party building
structure is dangerous (in which cases the provisions of i
Part IX. of this Act shall apply), exercise any of his rights
under this Act in respect of any party fence wall, unless
at least one month, or exercise any of his rights under this
Act in relation to any party wall or party structure other
than a party fence wall, unless at least two months before
doing so he has served on the adjoining owner a party
wall or party structure notice, stating the nature and par-
ticulars of the proposed work, and the time at which the
work is proposed to be commenced.
The notice should be so clear and intelligible that the adjoining
owner may be able to judge whether he ought to give a counter
notice under Section 90. Hobbs, Hart & Co. v. Grover (1899), 1
Ch. 11 ; 79 L.T. 454.
A party wall notice was served, and it was discovered that the
wall was not a party wall, but the defendants refused to withdraw
the notice, but said that they did not intend to proceed under the
notice. Held that the plaintiffs were justified in filing a bill to
restrain the defendants acting on the notice served. Sims v. The
Estates Co. Ltd. (1866), 14 L. J. 55 ; 14 W.R. 19
No notice is necessary to an adjoining owner by another person
who pulls down, unless the part pulled down supports the party
structure. Major v. Park Lane Company (1866), L.R. (2 Eq.) 453;
14 L.T. 543.
A tenant occupying a house for a period longer than one year was
held entitled to a party wall notice as being an adjoining owner
under Sections 82 and 85 of the Metropolitan Building Act, 1855,
and the building owner was restrained from proceeding. Filling-
ham v. Wood (1891), 1 Ch. 51 ; 64 L.T. 46; 39 W.R. 282.
A person had entered upon land and erected buildings under ar
agreement which only gave him the right to enter for the purpose
of carrying out the covenants of such agreement on which his lease
depended. Held that he was an owner and entitled to a party wall
notice. List v. Sharp (1897), 1 Ch. 260; 76 L.T. 45. See page 77.
See the case of Orf v. Payton, pages 17 and 77.
All persons coming within the definition of " owner " in Section 78,
Sub-section 29 must be served with notices except that one notice
to tenants in common or joint tenants is sufficient. Crosby v. Al-
hambra Co. Ltd. L.R. (1907), Ch.D. 295.
2. When a building owner in the exercise of any of his
rights under this Part of the Act lays open any part of the
adjoining land or building, he shall at his own expense
make and maintain for a proper time a proper hoarding
6
82 THE LONDON BUILDING ACT, 1894.
Sec. 90- and shoring or temporary construction for protection of
the adjoining land or building and the security of the
adjoining occupier.
The owner of two adjoining houses lets one on a yearly tenancy
and enters upon the premises to do repairs to the party wall. Held
that as the defendant was himself adjoining owner he was justified
in the course he took. Wheeler v. Gray (1859), 6 C.B.N.S. 584 ;
25 J.P. 453.
3. A building owner shall not exercise any right by this
Act given to him in such manner or at such time as to
cause unnecessary inconvenience to the adjoining owner
or to the adjoining occupier.
Builder caused damage to the adjoining owner's premises from
works carried out to the party wall. Held that builder was liable
for loss arising through his negligence. White v. Peto Bros. (1888),
58 L.T. 710.
A building owner does not rid himself of responsibility to the
adjoining owner by employing a competent contractor, but is liable
for negligence on the contractor's part. Joliffe v. Woodhouse (1894),
38 S.J. 378.
Damage, otherwise than through negligence, to adjoining owner's
premises not recoverable. Bryer v. Willis (1870), 23 L.T. 463.
4. A party wall or structure notice shall not be avail-
able for the exercise of any right unless the work to which
the notice relates is begun within six months after the
service thereof and is prosecuted with due diligence.
Where a difference has arisen between the building owner and
the adjoining owner, the six months' limit will not apply if it is being
settled by arbitration under section 91. Leadbetter v. Marylebone
Borough Council (No. 2) (1905), K.B. 661 ; 92 L.T. 819.
5. Within one month after receipt of such notice the
adjoining owner may serve on the building owner a notice
requiring him to build on any such party structure any
works to the construction of which he is hereinbefore
declared to be entitled.
6. The last mentioned notice shall specify the works
required by the adjoining owner for his convenience, and
shall, if necessary, be accompanied by explanatory plans
and drawings.
7. If either owner do not within fourteen days after the
service on him of any notice express his consent thereto,
he shall be considered as having dissented therefrom, and
BUILDING AND ADJOINING OWNERS. 83
thereupon a difference shall be deemed to have arisen Sec. 90.
between the building owner and the adjoining owner.
91 — 1. In all cases not specially provided for by this Settlement
Act where a difference arises between a building owner ence^e-
and adjoining owner in respect of any matter arising with tween
reference to any work to which any notice given under and adjoin-
this Part of this Act relates, unless both parties concur in ing owners,
the appointment of one surveyor they shall each appoint
a surveyor, and the two surveyors so appointed shall select
a third surveyor, and such one surveyor or three surveyors
or any two of them shall settle any matter from time to
time during the continuance of any work to which the
notice relates in dispute between such building and ad-
joining owner, with power by his or their award to deter-
mine the right to do and the time and manner of doing
any work, and generally any other matter arising out of
or incidental to such difference, but any time so appointed
for doing any work shall not, unless otherwise agreed,
commence until after the expiration of the period by this
Part of this Act prescribed for the notice in the particular
case.
Surveyors appointed have no power to deal with the damage to
the rights of light to an adjoining owner's premises. Crofts v. Hal-
dane (1867), L.R. (2 Q.B.) 194. See Section 101, page 92.
Surveyors cannot insert in a party wall award a provision that
one of the parties can raise the party wall when he desires. Lead-
better v. Marylebone Borough Council (1904), No. 1, 2 K.B. 893; 91
L.T. 639.
A tenant cannot be awarded money consideration from the ad-
joining owners. Stone v. Hastie (1903), 2 K.B. 463 ; 89 L.T. 353.
The plaintiff was the occupier of a restaurant which adjoined
premises which the defendants were in course of erecting and it was
necessary that the party wall should be raised. In carrying out
this work injury was caused to the plaintiff in her business, the
damage alleged being the loss of lodgers through being unable to
light a fire, the chimney being affected. The matter went before
two arbitrators under the provisions of the Act, and they refused to
consider these damages, their contention being they had no power
to deal with damages of a consequential nature. From this decision
the plaintiff appealed. Held what the arbitrators had done was
correct, and if they had done what the plaintiff desired they would
have gone beyond their jurisdiction. Appeal dismissed with costs.
Adams v. The Mayor, &c., of St. Marylebone, Divisional Court,
King's Bench, before Justices Ridley and Darling, Builder, Aug.
18th, 1906.
84 THE LONDON BUILDING ACT, 1894.
2. Any award given by such one surveyor or by such
three surveyors, or by any two of them shall be conclusive,
and shall not be questioned in any court with this excep-
tion, that either of the parties to the difference may appeal
therefrom to the county court within fourteen days from the
date of delivery of the award, and the county court may,
subject as hereafter in this section mentioned, rescind the
award or modify it in such manner as it thinks just.
County Courts Act, 1888, 51-52 Viet. C. 43, Sec. 74.
3. If either party to the difference make default in ap-
pointing a surveyor for ten days after notice has been
served on him by the other party to make such appoint-
ment, the party giving the notice may make the appoint-
ment in the place of the party so making default.
4. The costs incurred in making or obtaining the award
shall be paid by such party as the surveyor or surveyors
determine.
5. If the appellant from any such award on appearing
before the county court declare his unwillingness to have
the matter decided by that court, and prove to the satis-
faction of the judge of that court that in the event of the
matter being decided against him he will be liable to pay
a sum exclusive of costs exceeding fifty pounds, and gives
security to be approved by the judge duly to prosecute his
appeal and to abide the event thereof, all proceedings in
the county court shall thereupon be stayed, and the appel-
lant may bring an action in the High Court against the
other party to the difference.
6. The plaintiff in such action shall deliver to the de-
fendants an issue whereby the matters in difference between
them may be tried, and the form of such issue in case of
dispute or in case of the non-appearance of the defendant
shall be settled by the High Court, and such action shall
be prosecuted and issue tried in the same manner and sub-
ject to the same incidents in and subject to which actions
are prosecuted and issues tried in other cases within the
jurisdiction of the High Court, or as near thereto as cir-
cumstances admit.
7. If the parties to any such action agree as to the facts,
a special case may be stated for the opinion of the High
Court, and any case so stated may be brought before the
BUILDING AND ADJOINING OWNERS. 85
court in like manner and subject to the same incidents in Sec. 91.
and subject to which other special cases are brought before
such court, or as near thereto as circumstances admit, and
any costs that may have been incurred in the county court
by the parties to such action as is mentioned in this section
shall be deemed to be costs incurred in such action, and be
payable accordingly.
8. Where both parties to the difference have concurred
in the appointment of one surveyor for the settlement of
such difference, then if such surveyor refuse or for seven
days neglect to act, or die, or become incapable to act be-
fore he has made his award, the matters in dispute shall
be determined in the same manner as if such single sur-
veyor had not been appointed.
9. Where each party to the difference has appointed a
surveyor for the settlement of the difference, and a third
surveyor has been selected, then if such third surveyor
refuse, or for seven days neglect to act, or before such
difference is settled die, or become incapable to act, the two
surveyors shall forthwith select another third surveyor in
his place, and every third surveyor so selected as last
aforesaid, shall have the same powers and authorities as
were vested in his predecessor.
10. Where each party to the difference has appointed a
surveyor for the settlement of the difference, then if the
two surveyors so appointed refuse or for seven days after
request of either party neglect to select a third surveyor,
or another third surveyor in the event of the refusal or
neglect to act, death, or incapacity of the third surveyor,
for the time being, a Secretary of State may on the appli-
cation of either party select some fit person to act as
third surveyor, and every surveyor so selected shall have
the same powers and authorities as if he had been selected
by the two surveyors appointed by the parties.
11. Where each party to the difference has appointed a
surveyor for the settlement of the difference, then if before
such difference is settled either surveyor so appointed die
or become incapable to act, the party by whom such sur-
veyor was appointed may appoint in writing some other
surveyor to act in his place, and if for the space of seven
days after notice served on him by the other party for
that purpose he fail to do so the other surveyor may
86
THE LONDON BUILDING ACT, 1894.
Sec. 91. proceed ex parte, and the decision of such other surveyor
shall be as effectual as if he had been a single surveyor in
whose appointment both parties had concurred, and every
surveyor so to be substituted as aforesaid shall have the
same powers and authorities as were vested in the former
surveyor at the time of his death or disability as aforesaid.
12. Where each party to the difference has appointed a
surveyor for the settlement of the difference, then if either
of the surveyors refuse or for seven days neglect to act, the
other surveyor may proceed ex parte, and the decision of
such other surveyor shall be as effectual as if he had been
a single surveyor in whose appointment both parties had
concurred.
92 — A building owner, his servants, agents, and work-
men at all usual times of working may enter and remain
on any premises for the purpose of executing, and may
execute, any work which he has become entitled or is
required in pursuance of this Act to execute, removing any
furniture or doing any other thing which may be necessary,
and if the premises are closed he and they may, accom-
panied by a constable or other officer of the peace, break
open any fences or doors in order to effect such entry :
Provided that before entering on any premises for the
purposes of this section the building owner shall, except
in the case of emergency, give fourteen days' notice of his
intention so to do to the owner and occupier, and in case
of emergency shall give such notice as may be reasonably
practicable.
For penalty as to hindering building owner, see Section 200 (4),
page 137.
93 — Where a building owner intends to erect within
ten feet of a building belonging to an adjoining owner a
building or structure, any part of which within such ten
feet extends to a lower level than the foundations of the
building belonging to the adjoining owner, he may, and if
required by the adjoining owner, shall (subject as here;n-
after provided) underpin or otherwise strengthen the foun-
dations of the said building so far as may be necessary, and
the following provisions shall have effect : —
1. At least two months' notice in writing shall be given
BUILDING AND ADJOINING OWNERS. 87
by the building owner to the adjoining owner, Sec. 93.
stating his intention to build and whether he pro-
poses to underpin or otherwise strengthen the
foundations of the said building, and such notice
shall be accompanied by a plan and sections showing
the site of the proposed building and the depth to
which he proposes to excavate ;
2. If the adjoining owner shall, within fourteen days
after being served with such notice, give a counter-
notice in writing that he disputes the necessity of,
or require such underpinning or strengthening, a
difference shall be deemed to have arisen between
the building owner and the adjoining owner ;
3. The building owner shall be liable to compensate the
adjoining owner and occupier for any inconvenience,
loss, or damage which may result to them by reason
of the exercise of the powers conferred by this
section ;
4. Nothing in this section contained shall relieve the
building owner from any liability to which he would
otherwise be subject in case of injury caused by his
building operations to the adjoining owner.
94 — An adjoining owner may if he think fit by notice security to
in writing require the building owner (before commencing building by
any work which he may be authorised by this Part of this jJJJJfJ-J; gd
Act to execute) to give such security as may be agreed upon owner.
or in case of difference may be settled by the judge of the
county court for the payment of all such expenses, costs,
and compensation in respect of the work as may be payable
by the building owner.
The building owner may if he think fit, at any time after
service on him of a party wall or party structure requisition
by the adjoining owner, and before beginning a work to
which the requisition relates, but not afterwards, serve a
counter-requisition on the adjoining owner requiring him
to give such security for payment of the expenses, costs,
and compensation for which he is or will be liable as may
be agreed upon or in case of difference may be settled as
aforesaid.
If the adjoining owner do not within one month after
service of that counter-requisition give security accordingly,
88 THE LONDON BUILDING ACT, 1894.
Sec. 94. he shall at the end of that month be deemed to have ceased
to be entitled to compliance with his party wall or party
structure requisition, and the building owner may proceed
as if no party wall or party structure requisition had been
served on him by the adjoining owner.
Rules as to 95 — 1. As to expenses to be borne jointly by the building
respecTof n owner an<^ adjoining owner : —
party (a) If any party structure be defective or out of
repair, the expense of making good, underpinn-
ing or repairing the same shall be borne by the
building owner and adjoining owner in due pro-
portion, regard being had to the use that each
owner makes or may make of the structure ;
(b) If any party structure be pulled down and re-
built by reason of its being so far defective or
out of repair as to make it necessary or desirable
to pull it down, the expense of such pulling
down and rebuilding shall be borne by the
building owner and adjoining owner in due
proportion, regard being had to the use that each
owner may make of the structure ;
See note at end of Section 90, Sub-section 3, page 82.
(c) If any timber or other partition dividing a build-
ing be pulled down in exercise of the right by
this Part of this Act vested in a building owner,
and a party structure be built instead thereof,
the expense of building such party structure,
and also of building any additional party struc-
tures that may be required by reason of the
partition having been pulled down, shall be
borne by the building owner and adjoining
owner in due proportion, regard being had to
the use that each owner may make of the party
structure and to the thickness required for sup-
port of the respective buildings parted thereby ;
(d) If any rooms or storeys or any parts thereof,
the property of different owners and intermixed
in any building, be pulled down in pursuance
of the right by this Part of this Act vested in a
building owner, and be rebuilt in conformity
BUILDING AND ADJOINING OWNERS. 89
with this Act, the expense of such pulling down Sec. 96.
and rebuilding shall be borne by the building
owner and adjoining owner in due proportion,
regard being had to the use that each owner
may make of such rooms or storeys ;
(e) If any arches or communications over public
ways, or over passages belonging to other
persons than the owners of the buildings con-
nected by such arches or communications or
any parts thereof, be pulled down in pursuance
of the right by this Part of this Act vested in a
building owner, and be rebuilt in conformity
with this Act, expense of such pulling down
and rebuilding shall be borne by the building
owner and adjoining owner in due proportion,
regard being had to the use that each owner
may make of such arches or communications.
2. As to expenses to be borne by the building owner : —
(a) If any party structure or any external wall
built against another external wall be raised
or underpinned, in pursuance of the power by
this Part of this Act vested in a building
owner, the expense of raising or underpinning
the same, and of making good all damage oc-
casioned thereby, and of carrying up to the
requisite height all such flues and chimney-
stacks belonging to the adjoining owner on or
against any such party structure or external
wall as are by this Part of this Act required to
be made good and carried up, shall be borne
by the building owner ;
(b) If any party structure which is of proper
materials and sound, or not so far defective or
out of repair as to make it necessary or desirable
to pull it down, be pulled down and rebuilt by
the building owner, the expense of pulling down
and rebuilding the same, and of making good
any damage by this Part of this Act required
to be made good, and a fair allowance in respect
of the disturbance and inconvenience caused
to the adjoining owner, shall be borne by the
building owner ;
90 THE LONDON BUILDING ACT, 1894.
Sec. 95- (c) If any party structure be cut into by the build-
ing owner, the expense of cutting into the same
and of making good any damage by this Part
of this Act required to be made good shall be
borne by such building owner ;
(d) If any footing, chimney-breast, jambs, or floor
be cut away in pursuance of the powers by this
Part of this Act vested in a building owner, the
expense of such cutting away and of making
good any damage by this Part of this Act re-
quired to be made good shall be borne by the
building owner ;
(e) If any party fence wall be raised for a building,
the expense of raising such wall shall be borne
by the building owner ;
(f) If any party fence wall be pulled down and built
as a party wall, the expense of pulling down
such party fence wall and building the same as
a party wall should be borne by the building
owner ;
If at any time the adjoining owner make use of any party
structure or external wall (or any part thereof), raised or
underpinned as aforesaid, or of any party fence wall pulled
down and built as a party wall (or any part thereof), beyond
the use thereof made by him before the alteration, there
shall be borne by the adjoining owner from time to time a
due proportion of the expenses (having regard to the use
that the adjoining owner may make thereof) : —
(i.) Of raising or underpinning such party structure
or external wall, and of making good all such
damage occasioned thereby to the adjoining
owner, and of carrying up to the requisite height
all such flues and chimney-stacks belonging to
the adjoining owner on or against any such
par ty. structure or external wall as are by this
Part of this Act required to be made good and
carried up ;
(ii.) Of pulling down and building such party fence
wall as a party wall.
See note at end of Section 91, Sub-section 1, page 83.
BUILDING AND ADJOINING OWNERS. 91
96 — Within one month after the completion of any Account of
work which a building owner is by this Part of this Act ^eenses to
authorised and required to execute, and the expense ofiiveredto
which is in whole or in part to be borne by an adjoining owner mg
owner, the building owner shall deliver to the adjoining
owner an account in writing of the particulars and ex-
pense of the work, specifying any deduction to which
such adjoining owner or other person may be entitled in
respect of old materials or in other respects, and every
such work shall be estimated and valued at fair average
rates and prices, according to the nature of the work and
the locality and the market price of materials and labour
at the time.
97 — At any time within one month after the delivery Adjoining
of the said account, the adjoining owner, if dissatisfied object toay
therewith, may declare his dissatisfaction to the building account,
owner by notice in writing, served by himself or his agent,
and specifying his objection thereto, and thereupon a dif-
ference shall be deemed to have arisen between the parties,
and shall be determined in manner hereinbefore in this
Part of this Act provided for the settlement of differences
between building and adjoining owners.
98 — If within the said period of one month the adjoin- Building
ing owner do not declare in the said manner his dissatis- ^overtf^
faction with the account, he shall be deemed to haveno*PPeal
accepted the same, and shall pay the same on demand to
the party delivering the account, and if he fail to do so the
amount so due may be recovered as a debt.
99 — Where the adjoining owner is liable to contribute structure
to the expenses of building any party structure, then until b^SdSSf*0
such contribution is paid the building owner at whose owneruntii
expense the same was built shall stand possessed of the tion paid",
sole property in the structure.
100 — The adjoining owner shall be liable for all ex- Adjoining
penses incurred on his requisition by the building owner, j^ieTto
and in default payment of the same may be recovered expenses
from him as a debt ^Et
quisition.
92 THE LONDON BUILDING ACT, 1894.
Saving for 101 — Nothing in this Act shall authorise any interfer-
party walls ence with an easement of light or other easements in or
&c. ' relating to a party wall, or take away, abridge, or prejudi-
cially affect any right of any person to preserve or restore
any light or other thing in or connected with a party wall,
in case of the party wall being pulled down or rebuilt.
This section was enacted to preserve the effect of the decision in
Crofts v. Haldane (1867), L.B. 2 Q.B. 194. See page 83.
PART IX.
DANGEEOUS AND NEGLECTED STEUCTUEES.
Dangerous Structures.
Meaning of 102 — In this Part of this Act the expression " struc-
structure. ^ure » incjU(jes any building, wall, or other structure, and
anything affixed to or projecting from any building, wall,
or other structure.
The term "dangerous structure " applies not only to premises
adjoining a public thoroughfare, and are dangerous to passers-by,
but also to premises which are dangerous to the inmates. L.C.C. v.
Herring (1894), 2 Q.B. 522.
Survey to 1Q3 — 1. Where it is made known to the Council that
dangerous* any structure is in a dangerous state, the Council shall
structures, require a survey of such structure to be made by the dis-
trict surveyor or by some other competent surveyor.
In the case of the L.C.C. v. Jones, shoring up a structure certified
by the district surveyor to be in a dangerous state does not prevent
the structure from continuing dangerous within this section, and the
owner is liable for proceedings to be taken against him. A structure
may be dangerous within the meaning of this section and sections
106 and 107, and it need not be necessary to be so to inmates and
public. Danger of falling or injury to other houses, &c., will
suffice. L.C.C. v. Jones, L.B. (1912), 2 K.B. 504.
2. For the purposes of this Part of this Act the expres-
sion " district surveyor" shall be deemed to include any
surveyor so appointed.
3. The district surveyor shall make known to the
Council any information which he may receive with re-
spect to any structure being in a dangerous state.
DANGEROUS STRUCTURES. 93
4, It shall be lawful for the district surveyor to enter Sec. 103.
into any structure, or upon any land upon which any
structure is situate, for the purpose of making a survey of
such structure.
104 — In cases where any such structure is situate within Effect of
the City, this Part of this Act relating to dangerous l^wfthin'
structures shall be read as if the Commissioners of Sewers the city,
were named therein instead of the Council, and all costs
and expenses of, and all payments hereby directed to be
made by or to such Commissioners, shall be made by or to
the Chamberlain of the City out of or to the consolidated
rate made by such Commissioners, in the same manner as
payments are made by or to such Chamberlain in the
ordinary course of his business.
The Commissioners of Sewers are now replaced by the Sanitary
Committee of the Corporation of the City of London.
105 — Upon the completion of his survey the district Surveyor
surveyor employed shall certify to the Council his opinion certificate,
as to the state of the structure.
106— If the certificate is to the effect that the structure Notice to be
is not in a dangerous state no further proceeding shall be owneVin
had in respect thereof, but if it is to the effect that the respect of
T , , ,i f~t ••, . , certificate.
same is in a dangerous state the Council may cause the
same to be shored up or otherwise secured, and a proper
hoard or fence to be put up for the protection of passen-
gers, and shall cause notice to be served on the owner or
occupier of the structure requiring him forthwith to take
down, secure, or repair the same as the case requires.
See note at end of Section 102.
The L.C.C. are not liable for any injury that any person may
receive through the paving not having been made good when hoard-
ing, &c., removed. Crisp v. L.C.C, (1899), 1 Q.B. 720.
See Sections 103 and 107.
107 — 1. If the owner or occupier on whom the notice Proceed-
is served fail to comply as speedily as the nature of the enforce
case permits with the notice, a petty sessional court,
complaint by the Council, may order the owner to take with
down, repair, or otherwise secure, to the satisfaction of the notice-
district surveyor, the structure, or such part thereof as
94 THE LONDON BUILDING ACT, 1894.
Sec. 107. appears to the court to be in a dangerous state, within a
time to be fixed by the order, and if the same be not taken
down, repaired or otherwise secured within the time so
limited, the Council may with all convenient speed cause
all or so much of the structure as is in a dangerous con-
dition to be taken down, repaired or otherwise secured in
such manner as may be requisite :
Provided that if the owner of the structure dispute the
necessity of any of the requisitions comprised in the notice,
he may by notice in writing to the Council, within seven
days from the service of the notice upon himself, require
that the subject shall be referred to arbitration.
2. In case the owner require arbitration, he may at the
time of giving such notice appoint an independent sur-
veyor to report on the condition of the structure in con-
junction with the district surveyor, within seven days of
the receipt by the Council of the notice of appointment
of the owner's surveyor, and all questions of fact or
matters in dispute which cannot be agreed between the
owner's surveyor and the district surveyor shall be re-
ferred for final decision to a third surveyor who shall
(before the owner's surveyor and the district surveyor
enter upon the discussion of the question in dispute) have
been appointed to act as arbitrator by such two surveyors,
or, in the event of their disagreeing, by a petty sessional
court on the application of either of them :
Such arbitrator shall make his award within fourteen
days.
The meaning of this section was held to be as follows : If the
surveyors meet and report within the seven days, or if they disagree
and the arbitrator report within fourteen days, the matter is at an
end. But if the owner, having given notice of arbitration, fail to
appoint a surveyor, or if the surveyor that he has appointed fail to
report within seven days, then the owner's counter- requisition for
arbitration drops if no arbitrator has been appointed ; but if an
arbitrator has been duly appointed, then, upon the surveyors dis-
agreeing, or failing to report within the seven days, the whole
matters in dispute go to the arbitrator to be dealt with by him, and
if the arbitrator is unable from any cause to report within the four-
teen days the Court has power under the Arbitration Act, 1889, to
extend the time, or otherwise cure any defects. L.C.C. v. Bernstein
(1897), 61 J.P. 630.
See Sections 103 and 106, pages 92 and 93.
3. The notice served by the Council shall be discharged,
DANGEROUS STRUCTURES. 95
amended, or confirmed in accordance with the decision of Sec. 107-
the two surveyors, or the arbitrator, as the case may be.
4. Unless the arbitrator otherwise direct, the costs of
and incident to the determination by the two surveyors
or the arbitrator of the question in dispute shall be borne
and paid, in the event of such determination being adverse
to the contention of the district surveyor, by the Council,
or, in the event of such determination being adverse to
the contention of the owner's surveyor, by the owner.
See Arbitration Act, 1889 (52 & 53 Viet., c. 49).
108 — Notwithstanding any such notice requiring arbi- Court may
tration as aforesaid, a petty sessional court on application SJSwiSi?6*
by the Council may, if of opinion that the structure is in standing
J , T ^ T.. •• T i , arbitra-
such a dangerous condition as to require immediate treat- tion.
ment, make any order which such court may think fit
with respect to the taking down, repairing, or otherwise
securing the structure.
109 — 1. All expenses incurred by the Council in relation Expenses,
to the obtaining of any order as to a dangerous structure,
and carrying the same into effect under this Part of this
Act, shall be paid by the owner of the structure, but
without prejudice to his right to recover the same from
any person liable to the expenses of repairs.
2. If the owner cannot be found, or if on demand he
refuse or neglect to pay the said expenses, the Council,
after serving on him three months' notice of their inten-
tion to do so, may, if in their discretion they think fit,
sell the structure, but they shall, after deducting from the
proceeds of the sale the amount of all expenses incurred by
them, pay the surplus (if any) to the owner on demand.
For expenses allowed, see Schedule III., Parts 2 and 4, pages 161,
162, 163 and 164. See Section 173 as to payment of expenses by
other owners, pages 126 and 127.
See also cases — Labalmondiere v. Addison (1858), 28 L. J. (M.C.) 25.
Hunt v. Harris (1865), 12.L.T. 421; 34 J.L. (C.P.) 249. Debenham
v. M.B.W. (1880), 6 Q.B.D. 112; 43 L.T. 596. Labalmondiere v.
Frost (1859), 28 L.J. (M.C.) 155. Reg. v. Lee (1879), 4 Q.B.D. 75.
110 — Where under this Part of this Act any dangerous
structure is sold for payment of expenses incurred in
96 THE LONDON BUILDING ACT, 1894.
Sec. 110. respect thereof by the Council, the purchaser, his agents
Provisions an<^ servants, may enter upon the land whereon the struc-
respecting ture is standing for the purpose of taking down the same,
dangerous and of removing the materials of which it is constructed.
structures.
For penalty, see Section 200, Sub-section 6, page 138.
if proceeds 111 — Where the proceeds of the sale of any such struc-
land^oeft6 to ture are insufficient to repay to the Council the amount of
be built on the expenses incurred by them in respect of such structure,
Sid™18 ce no part of the land whereon the structure stands or stood
shall be built upon until after the balance due to the
Council in respect of the structure has been paid.
See Section 116 as to Council's expenses, page 98.
Eecoveryof 112 — If the materials are not sold by the Council, or if
expenses. tke proceedg of the sale are insufficient to defray the said
expenses, the Council may recover the expenses or the
balance thereof from the owner of the building, together
with all costs in respect thereof, in a summary manner.
Fees to 113 — 1. There shall be paid to the district surveyor in
surveyor. regpect of his services under this Part of this Act in re-
lation to any dangerous structures, the fees specified in
Part II. of the Third Schedule to this Act.
2. Provided that if any special service is required to be
performed by the district surveyor under this Part of this
Act for which no fee is specified in the said schedule, the
Council may order such fees to be paid for that service as
they think fit.
3. All fees paid to any surveyor by virtue of this section
shall be deemed to be expenses incurred by the Council in
the matter of the dangerous structure in respect of which
such fees are paid, and shall be recoverable by them from
the owner accordingly.
Held that a party wall was only one dangerous structure, although
separating premises belonging to different owners, and only one set
of fees recoverable. L.C.C. v. Sheinman (1905), 3 L.G.R. 977.
Power to 114 — Where a structure has been certified by a district
mSesfrom surveyor to be dangerous to its inmates, a petty sessional
dangerous court may, if satisfied of the correctness of the certificate,
structure. UpOn fae application of the Council, by order direct that
DANGEROUS STRUCTURES. 97
any inmates of such structure be removed therefrom by Sec. 114*
a constable or other peace officer, and if they have no
other abode he may require that they be received into
the workhouse for the place in which the structure is
situate.
See Section 105 as to District Surveyor's Certificate, page 93.
Neglected Structures.
115 — 1. Where a structure is ruinous, or so far dilapi- Removal of
dated as thereby to have become and to be unfit for use Jjjjjpidatea
or occupation, or is from neglect or otherwise in a struc- neglected
tural condition prejudical to the property in or the inhabi-
tants of the neighbourhood, a petty sessional court, on
complaint by the Council, may order the owner to take
down or repair or rebuild such structure (in this Act re-
ferred to as a neglected structure), or any part thereof,
or to fence in the ground upon which it stands or any
part thereof, or otherwise to put the same or any part
thereof into a state of repair and good condition to the
satisfaction of the Council within a reasonable time to be
fixed by the order, and may also make an order for the
costs incurred up to the time of the hearing.
2. If the order is not obeyed, the Council may with all
convenient speed enter upon the neglected structure or
such ground as aforesaid and execute the order.
3. Where the order directs the taking down of a neglected
structure or any part thereof, the Council in executing the
order may remove the materials to a convenient place, and
(unless the expenses of the Council under this section in
relation to such structure are paid to them within fourteen
days after such removal) sell the same if and as they in
their discretion think fit.
4. All expenses incurred by the Council under this
section in relation to a neglected structure may be de-
ducted by the Council out of the proceeds of the sale, and
the surplus (if any) shall be paid by the Council on demand
to the owner of the structure, and if such neglected
structure or some part thereof is not taken down and such
materials are not sold by the Council, or if the proceeds of
the sale are insufficient to defray the said expenses, the
7
98 THE LONDON BUILDING ACT, 1894.
Sec. 115- Council may recover such expenses or such insufficiency
from the owner of the structure, together with all costs in
respect thereof, in a summary manner, but without pre-
judice to his right to recover the same from any lessee or
other person liable to the expenses of repairs.
See Section 200 for various penalties incurred, pages 135-140.
Supplemental as to Dangerous and Neglected Strictures
Provision 116 — 1. Where the Council have incurred any expenses
forcing m respect of any dangerous or neglected structure, and
repayment have not been paid or have not recovered the same, a
inclined by petty sessional court, on complaint by the Council, may
Council. make an order fixing the amount of such expenses and the
costs of the proceedings before such petty sessional court,
and directing that no part of the land upon which such
dangerous or neglected structure stands or stood shall be
built upon, or that no part of such dangerous or neglected
structure if repaired or rebuilt shall be let for occupation
until after payment to the Council of the said amount,
and thereupon, and until payment to the Council of the
said amount, no part of such land shall be built upon, and
no part of such dangerous or neglected structure so re-
paired or rebuilt shall be let for occupation.
2. Every such order shall be made in duplicate, and one
copy of such order shall be retained by the proper officer
of the court, and the other copy shall be kept at the county
hall.
3. The Council shall keep at the county hall a register
of all orders made under this section, and shall keep the
same open for inspection by all persons at all reasonable
times, and any such order not entered in such register
within ten days after the making thereof shall cease to be
of any force. No property shall be affected by any such
order unless and until such order is entered in such register.
See Sections 109-112 for method of recovering expenses, pages 95
and 96.
Fees on
dangerou, U7_The fees specified in Part IV. of the Third Schedule
structures to ^s Act as payable to the Council shall be payable to
fro Qounoii, and may be recovered in a summary way by the Council.
DANGEROUS AND NOXIOUS BUSINESSES. 99
PART X.
DANGEROUS AND NOXIOUS BUSINESSES.
(For penalties under this part, see Section 200, Sub-sections 7
and 8, page 138).
118 — 1. No person shall erect any building nearer thanReguia-
fifty feet to a building used for any dangerous business to SuSdinS
which this section applies. dangerous
2. Provided that where a building erected before the business!8
ninth day of August, one thousand eight hundred and
forty-four, within fifty feet from any building for the time
being used for any such dangerous business, is pulled
down, burnt, or destroyed by tempest, such building may
be rebuilt.
3. No person shall establish or carry on a dangerous
business to which this section applies in any building or
vault, or in the open air, at a less distance than forty feet
from any public way, or than fifty feet from any other
building or any vacant ground belonging to any person
other than his landlord.
4. The following businesses shall be deemed to be dan-
gerous businesses within the meaning of this section (that
is to say) : The business of the manufacture of matches,
ignitible by friction or otherwise, or of other substances
liable to sudden explosion, inflammation, or ignition, or of
turpentine, naphtha, varnish, tar, resin, or Brunswick black,
and any other manufacture dangerous on account of the
liability of the materials or substances employed therein
to cause sudden fire or explosion.
119 — 1. No person shall erect any dwelling-house nearer Reguia-
than fifty feet to a building used for any noxious business ^Siding
to which this section applies. Sbnoxiou
2. Provided that where a dwelling-house erected before business"8
the ninth day of August, one thousand eight hundred and
forty-four, within fifty feet from any building for the
time being used for any such noxious business, is pulled
down, burnt, or destroyed by tempest, such dwelling-house
may be rebuilt.
3. Subject to the provisions of the next following section,
no person shall establish or carry on a noxious business to
100 THE LONDON BUILDING ACT, 1894.
Sec. 119. which this section applies in any building or vault, or in
the open air, at a less distance than forty feet from any
public way or than fifty feet from any dwelling-house.
4. The following businesses shall be deemed to be
noxious businesses within the meaning of this section
(that is to say) : The business of a blood-boiler or bone-
boiler, and any other like business which is offensive or
noxious, but nothing in this section shall apply to any of
the following businesses, namely, the businesses of a soap-
boiler, tallow-melter, knacker, fellmonger, tripe-boiler, and
slaughterer of cattle and horses.
The Public Health (London) Act, 1891, Section 19, defines these
offensive trades.
Provisions 120 — The following provisions shall apply to any noxious
certain old business existing before the ninth day of August, one
noxious thousand eight hundred and forty-four :—
1. If any party charged with carrying on such business
show that in carrying on such business all the
means known to be available for mitigating the
effect of such business have been adopted, then it
shall be lawful for the petty sessional court to remit
or mitigate the penalty. Provided further, that if
it shall appear to the said court or to the court of
quarter sessions, whether on appeal or on trial by
jury as hereinafter provided, that the person carry-
ing on any such business shall have made due en-
deavours to carry on the same with a view to miti-
gate so far as possible the effects of such business,
then, although he have not adopted all or the best
means available for the purpose, yet it shall be
lawful for the court to suspend the execution of
their order, upon condition that within a reasonable
time to be named the party convicted do adopt
such other or better means as to the court shall
seem fit, or before passing final sentence, and with-
out consulting the prosecutor, to make such other
order touching the carrying on of such business as
the court shall think fit for preventing the nuisance
in future. Provided always, that if the matter
come before any superior court it shall be lawful
for such court to exercise such power of mitigat-
DANGEKOUS AND NOXIOUS BUSINESSES. 101
ing, or remitting such penalty, or of suspending the Sec. 120.
execution of any judgment, order, or determination
in the matter, or to make such order touching the
carrying on of such business as to the court shall
seem fit :
2. Any person dissatisfied with the decision of the petty
sessional court may appeal to the court of quarter
sessions in manner provided by the Summary Juris-
diction Acts :
3. If before conviction by the petty sessional court the
person complained against desire to have the matter
tried by a jury, and enter into a recognisance to try
such matter without delay, and to pay all costs of
trial if a verdict be found against him, then such
matter shall be tried at the next practicable court
of quarter sessions, or whensoever that court shall
appoint, and if that court shall think fit, it shall
be lawful for them to authorise the jury to view the
place in question in such manner as they shall direct,
and the jury shall inquire and try and determine by
their verdict whether the business in question be
offensive or noxious, and whether the party in
question have done any act whereby the penalty
imposed by this Act in respect thereof has been
incurred, and, subject to the power hereinbefore
conferred of mitigating such penalty or suspending
their judgment, order, or determination thereon, or
making such order touching the carrying on of the
business, the said court shall give judgment accord-
ing to such verdict, and shall award the penalty (if
any) incurred by the defendant, and shall and may
(if they see fit) award to either of the parties such
costs as they may deem reasonable, which verdict,
and the judgment, award, order, or determination
thereon, shall be binding and conclusive.
121 — The provisions of this Part of this Act relating to Saving for
dangerous and noxious businesses shall not apply to any fnd™
public gasworks nor to any premises used for the purpose distilleries.
of distillation or the rectification of spirits under the
survey of the Commissioners of Inland Revenue or their
officers.
102 THE LONDON BUILDING ACT, 1894.
Sec. 121. See also Section 205, page 145, and L.B.A. (Amendment) Act,
1898, Section 9, page 178 ; also the London Building Acts (Amend-
ment) Act, 1905, Section 33, page 203.
PART XI.
DWELLING-HOUSES ON LOW-LYING LAND.
no* ^e lawful for any person upon land of
low-lying which the surface is below the level of Trinity high-water
mark and which is so situate as not to admit of being
drained by gravitation into an existing sewer of the
Council, to erect any building to be used wholly or in
part as a dwelling-house, or to adapt any building to be
used wholly or in part as a dwelling-house, except with
the permission of the Council, and subject to and in
accordance with such regulations as the Council may from
time to time prescribe with reference to the erection of
buildings on such land :
And the Council may by such regulations (subject to
appeal as hereinafter provided) —
(i.) Prohibit the erection of dwelling-houses, or the
adaptation of any buildings for use as dwelling-
houses, on such land or any denned area or areas
of such land ;
(ii.) Regulate the erection of dwelling-houses, or the
adaptation of buildings for use as dwelling-houses,
on such land or any denned area or areas of such
land ;
(iii.) Prescribe the level at which the under side of the
lowest floor of any permitted building shall be
placed on such land, or any defined area or areas
of such land, and as to the provision to be made
and maintained by the owner for securing efficient
and proper drainage of the buildings, either directly
or by means of a local sewer into a main sewer of
the Council :
Any person seeking to erect any dwelling-house, or any
building, any part of which is to be used as a dwelling-
house, or to adapt any building or any part of a building
DWELLING-HOUSES ON LOW-LYING LAND. 103
for use as a dwelling-house, on any of such land, shall Sec. 122.
make application to the Council for a license to erect the
same, and the matter shall thereupon be referred to the
chief engineer of the Council, who shall decide whether,
and if so upon what conditions, such erection or adaptation
may be permitted, and any such decision shall be given
by the said engineer by a certificate in writing under his
hand. Any person objecting to the refusal of the Council
to permit on such land, or any denned area or areas of
such land, the erection of any dwelling-house, or the adap-
tation for use as a dwelling-house, of any building, or to
any regulation made by the Council under this Part of
this Act, or to any decision of the said engineer, or as to
the reasonableness of any requirement or condition made
by him may appeal to the tribunal of appeal.
See Regulations with regard to Applications, Part XI., pages
444-446.
Trinity high-water mark is 12 feet 6 inches above the Ordnance
datum, by the London Dock Act, 1799 (39 & 40 George III., c. xlvii.),
Section 55.
It has been held that this applies to ordinary conditions and not
to flood water, when sewer becomes surcharged with rain water.
Ellis v. L.C.C. (1904), 1 K.B. 283.
123 — The Council may, with the concurrence of the power to
tribunal of appeal, from time to time make regulations pre- JJJJJJ^
scribing the procedure to be followed by persons making tions.
applications under this Part of this Act.
124 — 1. Eegula tions made by the Council under thispubiica-
Part of this Act shall have no force until a copy thereof
shall have been published in the London Gazette, and
shall be the duty of the Council to give notice of every
such regulation by publishing a copy thereof in two or
more London daily newspapers, and if there be a local
newspaper circulating in the parish or district to which
such regulation applies, then also in such local newspaper.
2. Printed copies of every regulation from time to time
in force under this Part of this Act shall be kept at the
county hall, and shall be supplied free of charge to any
person concerned who may apply for the same.
104 THE LONDON BUILDING ACT, 1894.
PART XII.
SKY SIGNS.
sky signs. 125 — In this Part of this Act the expression " sky sign "
means any word, letter, model, sign, device, or representa-
tion in the nature of an advertisement, announcement,
or direction, supported on or attached to any post, pole,
standard, framework, or other support, wholly or in part
upon, over, or above any building or structure, which, or
any part of which sky sign, shall be visible against the
sky from any point in any street or public way, and in-
cludes all and every pare of any such post, pole, standard,
framework, or other support. The expression " sky sign "
shall also include any balloon, parachute, or similar device,
employed wholly or in part for the purposes of any adver-
tisement or announcement on, over, or above any building,
structure, or erection of any kind, or on or over any street
or public way, but shall not be deemed to include —
(i.) Any flagstaff, pole, vane, or weathercock, unless
adapted or used wholly or in part for the purposes
of any advertisement or announcement ;
(ii.) Any sign on any board, frame, or other contrivance
securely fixed to or on the top of the wall or para-
pet of any building, on the cornice or blocking
course of any wall, or to the ridge of a roof, pro-
vided that such board, frame, or other contrivance
be of one continuous face and not open work, and
do not extend in height more than three feet above
any part of the wall or parapet or ridge to, against,
or on which it is fixed or supported ; or
(iii.) Any such word, letter, model, sign, device, or repre-
sentation as aforesaid which relates exclusively to
the business of a railway company, and which
is placed or may be placed wholly upon or over
any railway, railway station, yard, platform, or
station approach, or premises belonging to a rail-
way company, and which is also so placed that it
could not fall into any street or public place.
SKY SIGNS. 105
Boards visible against the sky from the street, although the letters Sec. 125.
attached were not visible, have been held to be a sky sign. L.C.C.
v. Savoy Hotel Co. (1896), 60 J.P. 457. See also L.C.C. v. Car-
wardine (1892), 57 J.P. 181 ; 62 L. J. (M.C.) 40. Tussaud v. L.C.C.
(1892), 57 J.P. 184.
126 — For the purpose of giving effect to the provisions District
of this Part of this Act, the district surveyor of each dis- let for°pur°
trict acting under this Act shall inspect and survey sky gJBBep J^
signs in his district, and report from time to time to the of Actar
Council.
The expression " the surveyor " in this part of this Act
means the district surveyor so acting within his district.
Surveyor's report must be made to Common Council if sky sign is
in the City. For penalties, see Section 200, Sub-section 11, pages
139 and 140.
127 — From and after the commencement of this Act
shall be unlawful to erect any sky sign as denned in this future sky
Act. 8igns-
128 — From and after the commencement of this Act it Regulation
shall be unlawful to retain any sky sign as denned in this sky signs.6
Act which previously to the passing of this Act shall have
been erected, except in pursuance of and in accordance
with the terms of a license granted or renewed before the
passing of this Act by the Council, or by the Commissioners
of Sewers as the case may be, under the provisions of the
London Sky Signs Act, 1891, as amended by Section 17 of
the London County Council (General Powers) Act, 1893,
or renewed after the passing of this Act as hereinafter pro-
vided.
129 — 1. A license granted under the provisions of the Renewal of
London Sky Signs Act, 1891, and renewed under the samellcense-
Act, may, on the expiration of the period for which such
renewal was granted, be renewed for one further period of
two years, but not longer.
2 A license granted under the provisions of the London
Sky Signs Act, 1891, as amended by Section 17 of the
London County Council (General Powers) Act, ]893, after
the twenty-fourth day of August, one thousand eight hun-
dred and ninety-three, may be renewed from the expiration
of a period of two years from the date of issue of such
106 THE LONDON BtltLblNG ACT, 1894.
Sec. 129. license for a further period of two years, and, on the expira-
tion of that period, for one other period of two years,
making, with the original term of the license, six years in
all, but not longer.
3. Every person desirous of obtaining a renewal of a
license to retain a sky sign for any such period as afore-
said, may make application to the surveyor for an inspec-
tion and survey of such sky sign, and such application
shall be dealt with as hereinafter provided ; and any person
who shall have obtained a certificate from the surveyor,
after any such inspection and survey in accordance with
the provisions hereinafter contained, may at any time within
fourteen days from the issue thereof forward the same to
the Council, with an application for a license from the
Council to retain the same sky sign, and every such appli-
cation for a license shall be accompanied by a fee of five
shillings, which shall be paid to the Council for and in
respect of the registration of the license ; and the Council
shall thereupon grant to such person a license for the
retention of such sky sign for a period of two years from
the date of the issue of such license.
4. Every such application to the surveyor for the inspec-
tion and survey of a sky sign shall be accompanied by a
payment of two guineas to such surveyor, which shall be
his fee for the inspection and survey and for the grant or
refusal of the certificate, as the case may be, and it shall
not be lawful for the surveyor to demand or receive any
further fee or payment in respect thereof.
5. The surveyor shall either grant a certificate that in
his opinion the sky sign is so placed, constructed, and sup-
ported as not to be likely to involve danger to the public,
or he shall refuse to grant such certificate, in which case he
shall state the grounds of such refusal, and such certificate
or refusal shall be in the form set out in this section,
with such modifications, if any, as the circumstances may
require : —
Form of Certificate.
LONDON BUILDING ACT, 1894.
District of
Whereas A. B., of , has made application to
me, pursuant to the London Building Act, 1894, to inspect
SKY SIGNS. 107
and survey a sky sign erected at , I hereby Sec. 129.
certify that I have inspected and surveyed the same, and
in my opinion the said sky sign may be retained as now
constructed for two years from the date hereof without
being likely to cause danger to the public.
Dated this day of , 189 .
(Signed) C. D.,
Surveyor.
Form of Refusal of Certificate.
LONDON BUILDING ACT, 1894.
District of
Whereas A. B., of , has made application
to me, pursuant to the London Building Act, 1894, to
inspect and survey a sky sign erected at , I
hereby certify that I have inspected and surveyed the
same, and I refuse to certify that the said sky sign is so
constructed as not to be likely to cause danger to the
public for the following reasons :
Dated this day of , 189 .
(Signed) C. D.,
Surveyor.
NOTE. — Procedure as to sky signs is now transferred by the
London Government Act, 1899, to the Borough Councils.
130 — 1. Where the surveyor refuses to grant a certifi- Alteration
cate applied for under this Act the applicant may, if he °J ^Je8tigns
think fit and can lawfully do so, execute such repairs to surveyor's
or alterations in or modifications of the sky sign as shall
meet the objections thereto as stated in the form of refusal
and may thereupon make a further application to the sur-
veyor to inspect and survey the sky sign.
2. If the surveyor on re-inspection and re-survey be of
opinion that the sky sign has been so repaired, altered,
or modified that it is not likely to involve danger to the
public, he shall grant a certificate under this Act with
respect to such sky sign, and an application for license
thereof may be made as in this Act provided.
3. Every such application to the turveyor to re-inspect
and re-survey a sky sign, and for a certificate in respect
thereof, shall be accompanied by a payment of one guinea
to such surveyor, which shall be his fee for such re-inspec-
108
LONDON BUILDING ACT,
Sec. 13Q. tion and re-survey, and for the grant or refusal of a certifi-
cate thereupon as the case may be, and it shall not be
lawful for the surveyor to demand or receive any further
fee or payment in respect thereof.
NOTE.— Procedure as to sky signs is now transferred by the
London Government Act, 1899, to the Borough Councils.
Refusal °off 131 — Where the surveyor refuses to grant a certificate
certificate applied for under this Act, it shall be the duty of the sur-
tothesent veyor forthwith to forward a copy of his refusal to the
Council. Council.
If the sky sign is in the City of London, the surveyor must report
to the Common Council of the City of London.
against 132 — Where the surveyor refuses to grant a certificate
refusal of under this Act it shall be lawful for the applicant, at any
3< time within fourteen days after the date of such refusal, to
make application to the tribunal of appeal by way of appeal
against such refusal, and such appeal shall be accompanied
by a copy of the form of refusal by the surveyor.
of°ucense? 133 — In any of the following cases a license under this
Act shall become void, viz. : —
(i.) If any addition to any sky sign be made except for
the purpose of making it secure under the direc-
tion of the surveyor ;
(ii.) If any change be made in the sky sign or any part
thereof ;
(iii.) If the sky sign or any part thereof fall either through
accident, decay, or any other cause ;
(iv.) If any addition or alteration be made to or in the
house, building, or structure, on, over, or to which
any sky sign is placed or attached, if such addi-
tion or alteration involves the disturbance of the
sky sign or any part thereof ;
(v.) If the house, building, or structure, over, on, or to
which the sky sign is placed, or attached, become
unoccupied or be demolished or destroyed.
Eemovai of 13£ — If any sky sign be erected or retained contrary to
the provisions of this Act, or after the license for the main-
tenance or retention thereof for any period shall have
become void, it shall be lawful for the Council to take pro-
DISTRICT SURVEYORS. 109
ceedings for the taking down and removal of the sky sign Sec. 134.
in the same manner in all respects as if it were a structure
certified to be in a dangerous state under Part IX. of this
Act, except that the provisions of the said Part with respect
to arbitration shall not apply, and it shall be lawful for
the Council, or any officers, servants, or workmen, appointed
by them for that purpose (after obtaining the order of a
petty sessional court for the taking down of the sky sign,
and after the expiration of the period (if any) fixed by such
order for taking down the same) to enter upon the land,
building, or premises, on or over which the sky sign is
erected, and to take down and remove the sky sign, and
to execute and do any works which may be necessary for
that purpose, and for leaving any building to which the
same was attached in a condition of safety ; and all the
expenses of and incidental to any such work shall be repaid
and be recoverable as though the same were a penalty
imposed by this Act.
For the purpose of any such proceeding the expression
"the owner" in the said Part of this Act shall mean the
occupier of the house, building or structure on or to which
the sky sign is erected or attached, or if the house, build-
ing, or structure is unoccupied then the person who would
be the owner thereof within the meaning of this Act.
This section is transferred by the London Government Act, 1899
Second Schedule, Part I., to the Borough Councils to deal with
under the Public Health Act, 1891.
135 — As regards the City, this part of this Act shall be Appiica-
read and have effect as if the Commissioners of Sewers were £™ °ff *^ jj
named therein instead of the Council, and all costs and within the
expenses of such Commissioners in the execution of this Clty>
Part of this Act shall be paid out of their consolidated rate
as part of the expenses of such Commissioners.
The Commissioners of Sewers are now the Sanitary Committee of
the Corporation of London.
PART XIII.
SUPEEINTENDING ARCHITECT AND DISTRICT
SURVEYORS.
136—1. The Council may, for the purpose of aiding in
the execution of this Act, appoint some fit person to be
110 THE LONDON BUILDING ACT, 1894.
Sec. 136. called '« the superintending architect of metropolitan
Power for buildings," together with such number of clerks as they
S£SS*° think fit.
auperm- 2. Such architect and clerks shall be removable by the
architect. Council, and perform such duties as the Council direct.
3. The superintending architect shall not practise as an
architect, or follow any other occupation.
4. There shall be paid to the superintending architect
and clerks such salaries as the Council may direct.
5. Subject to the foregoing provisions of this section,
the person who at the commencement of this Act is the
superintending architect of metropolitan buildings shall
continue to be the superintending architect under this Act.
Power of 137 — If the superintending architect is prevented by
tending" illness, infirmity, or any other unavoidable cause from
architect attending to the duties of his office, he mavf with the con-
to appoint . . <^_i r\ «i • L Ii_ i •
deputy. sent of the Council, appoint some other person as his
deputy to perform all his duties for such time as he may
be temporarily prevented from executing them.
Buildings 138 — Subject to the provisions of this Act and to the
vised 'by** exemptions in this Act mentioned, every building orstruc-
district sur- ture, and every work done to, in, or upon any building or
structure, and all matters relating to the width and direc-
tion of streets, the general line of buildings in streets, the
provision of open spaces about buildings, and the height
of buildings, shall be subject to the supervision of the
district surveyor appointed to the district, in which the
building or structure is situate.
Held that district surveyors have a statutory position indepen-
dent of the London County Council. City of Westminster v. Watson
(1902), 2 K.B. 729.
Powers of 139 — !• The Council shall have the following powers with
to0""]?1 as regar(l to the district surveyors and their districts (that is
veyors and to Say) '. —
(a) They may alter the limits of the district of any dis-
trict surveyor, or unite any two or more such dis-
tricts, and place any such altered district under
the supervision of any district surveyor, and do all
such matters and things as are necessary for carry-
ing into effect the power hereby Driven ;
DISTRICT SURVEYORS. HI
(b) They may dismiss or suspend any district surveyor, Sec. 139.
and in case of any suspension or during any vacancy
may appoint a temporary substitute, provided that
their dismissal of a district surveyor who held
such office before the fourteenth day of August, one
thousand eight hundred and fifty-five, shall be sub-
ject to the consent of a Secretary of State ;
(c) On a vacancy occurring in the office of a district
surveyor they may appoint another qualified person
in his place ;
(d) They may pay such amount of compensation as
they think fit, or as in case of disagreement shall
be determined by the tribunal of appeal, to any dis-
trict surveyor who is deprived of his office in pur-
suance of the power hereby given of altering the
limits of districts.
2. Subject to the foregoing provisions of this section the
districts existing at the commencement of this Act, shall
continue to be districts for the purposes of this Act, and
the several persons who at the commencement of this Act
are district surveyors shall continue to be district surveyors
under this Act.
140 — The Eoyal Institute of British Architects mayExamina-
cause to be examined, by such persons and in such manner d&ateVfor"
as they think fit, all candidates presenting themselves
the purpose of being examined as to their competency to
perform the duties of district surveyor, and shall grant
certificates of competency to the candidates found deserv-
ing of the same ; and a person who has not already
filled the office of district surveyor shall not be qualified
to be appointed to that office unless he has received a
certificate of competency from the said institute, or has
been examined in such other manner as the Council may
direct and been found competent in such examination.
141 — Every district surveyor shall have and maintain Surveyor
an office at his own expense in such part of his district as
may be approved by the Council, and the Council shall
forthwith communicate to the local authority any change
in the office of such district surveyor.
112
THE LONDON BUILDING ACT, 1894.
Power of 142 — If any district surveyor is prevented by illness,
app?intr to infirmity, or any other unavoidable circumstances from
deputy. attending to the duties of his office, he may, with the
consent of the Council, appoint some other person as his
deputy to perform all his duties for such time as he may
be prevented from executing them.
Power to
appoint
assistant
surveyor.
Surveyor
not to act
in case of
works
under his
profes-
sional
superin-
tendence.
143 — Where it appears to the Council that, on account
of the pressure of business in any district, or on any other
account, the surveyor of that district cannot discharge his
duties promptly and efficiently, the Council may direct
any other district surveyor to assist the surveyor of that
district in the performance of his duties, or appoint some
other person to give such assistance, and the assistant
shall be entitled to receive all fees payable in respect of
the services performed by him.
144 — -If any building or structure be executed or any
work done to, in, or upon any building or structure by or
under the superintendence of any district surveyor, acting
professionally or on his own private account, that surveyor
shall not survey such building or structure for the pur-
pose of this Act, or act as district surveyor in respect
thereof or in any matter connected therewith, but it shall
be his duty to give notice to the Council, who shall then
appoint some other district surveyor to act in respect of
the matter.
Notices to
be given to
surveyor by
builder.
145 — In the following cases and at the following times
:fi t q. \ . _
18 to Sdv; • —
(^) Where a building or structure or work is about to
be begun, then two clear days before it is begun ;
and
(b) Where a building or structure or work is after the
commencement thereof suspended for any period
exceeding three months, then two clear days before
it is resumed ; and
(c) Where during the progress of a building or structure
or work the builder employed thereon is changed,
then two clear days before a new builder enters
upon the continuance thereof ;
DISTRICT SURVEYORS. US
the builder or other person causing or directing the work Sec. 145.
to be executed shall serve on the district surveyor a build-
ing notice respecting the building or structure or work.
Every building notice shall state the situation, area, height,
number of storeys, and intended use of the building or
structure, and the number of buildings or structures if
more than one, and the particulars of the proposed work,
and the name and address of the person giving the notice
and those of the owner then in possession of and the
occupier of the building or structure or of its site or in-
tended site. All works in progress at the same time too,
in, or on the same building or structure may be included
in one building notice.
As to time for proceeding where notice not given, see Section 193,
p. 132. In cases of emergency, see Section 149, p. 114.
Temporary seating inside a building held not to be liable to
notice. Venner v. M'Donell (1897), 1 Q.B. 421.
Boxes formed in the pavement in connection with the supply of
electricity are buildings, &c., within this section, and notice must
be given. Whitechapel Board of Works v. Crow, 84 L.T. 595.
Charing Cross and Strand Electric Supply Corporation v. Wood-
thorpe (1903), 88 L.T. 772; 67 J.P. 286.
A removable wooden floor, covering a public swimming bath, is
not within this section, as it does not affect the swimming bath
erected. Handover v. Meeson (1903), 67 J.P. 313.
For cutting into an external wall and fixing a lift, notice is
necessary. Meeson v. Richmond, N.L.P. Court, Builder, March 7,
1896.
Alteration and extension of a chancel floor requires notice. Dicksee
v. Bullers, Southwark P. Court, Builder, March, 1898. ^
Constructing a drain under a building requires notice. Dicksee
v. Graham, Southwark P. Court, Builder, Feb. 17, 1900.
See Ashbridge v. Evans, Marylebone P. Court, Builder, April 9,
1904.
The sanitary authorities ordered the floor of a bakehouse to be
lowered whereby it was necessary to underpin walls. Notice to
be given. Dicksee v. Pearce, Lambeth P. Court, Builder, April 23,
1904.
Building a chimney shaft to carry smoke away from a copper
requires notice. Payne v. Cohen, Worship Street P. Court, Builder,
Feb. 17, 1900.
Temporary wooden structures, refer to notes at Section 84,
pages 75 and 76.
A builder stripped off the zinc external covering to the roof of a
projecting shop and covered it with tarred felt. No notice of the
work had been served. The district surveyor relied on Section 145,
and as the work involved the rules of the Act with regard to roof
covering, a duty was imposed to see that the rules were complied
8
114 THE LONDON BUILDING ACT, 1894.
Sec. 145. with. Magistrate decided that notice of the work should have been
served. Greig v. Bobertson, Greenwich P. Court, Builder, May 24,
1912.
Surveyor 146 — Every district surveyor shall, upon the receipt of
execution any such notice as aforesaid, and also upon any work
of Act. being observed by or made known to him which is affected
by the provisions of this Act or by-laws made thereunder,
but in respect of which no notice has been given, and also
from time to time during the progress of any work affected
by such provisions and by-laws, as often as may be neces-
sary for securing the due observance of such provisions
and by-laws, survey any building or work hereby placed
under his supervision, and cause all such provisions and
by-laws to be duly observed.
Notice to be 147 — Every notice served in pursuance of this Act
intended °f shall be deemed in any question relative to any building,
works. structure, or work to be prima facie evidence as against
the builder of the nature of the building, structure, or
work proposed to be built or done.
Power of 148 — 1. The district surveyor of any district at all
Inspect0 reasonable times during the progress and during fourteen
buildings. days next after the completion of any building, structure,
or work in such district affected by any of the provisions
of this Act, or by any by-laws made thereunder, or by any
terms or conditions on which the observance of any such
provisions or by-laws may have been dispensed with, may
enter and inspect such building, structure, or work.
2. The district surveyor may, for the purpose of ascer-
taining whether any buildings erected in those premises
are in such a situation or possess such characteristics as
are required in order to exempt them from the operation
of this Part of this Act, at all reasonable times and after
reasonable notice enter any premises except buildings
exempt from the operations of Parts VI. and VII. of this
Act, and he may do therein all such things as are reason-
ably necessary for the above purpose.
The penalty for refusing admission to district surveyor is given in
Section 200, Sub-section 11, page 139.
149— Where by reason of any emergency any act or
DISTRICT SURVEYORS. 115
work is required to be done immediately or before notice gec. 149.
can be given as aforesaid, such act or work may be done In Cftse of
on condition that before the expiration of twenty-four emergency
hours after it has been begun notice thereof is served oil Tom- j*1
the district surveyor. ^thotS
notice.
150 — Where it appears from the building notice served AS to
on the district surveyor under this Act that it is proposed
to erect any building or structure or to do any work to,
in, or upon any building which will be in contravention of or
this Act, or that anything required by this Act is pro- owner-
posed to be omitted, the district surveyor shall serve upon
the builder or building owner a notice of objection to such
proposed erection, and in the event of the builder or the
building owner being dissatisfied with the decision of the
surveyor, he may within fourteen days of the date of the
notice of objection appeal to a petty sessional court, who
may make an order either affirming the objection or other-
wise.
151 — In any of the following cases (that is to say) : — Notice by
(a) Where in erecting any building or structure or in JJJJJ onrr
doing any work to, in, or upon any building any- guiarity.
thing is done in contravention of this Act, or
anything required by this Act is omitted to be
done; or
(b) Where the district surveyor on surveying or in-
specting any building or work in respect of which
notice has not been served as required by this
Part of this Act, finds that the same is so far
advanced that he cannot ascertain whether any-
thing has been done in contravention of this Act,
or whether anything required by this Act has been
omitted to be done ;
the district surveyor shall serve on the builder engaged
in erecting such building or structure or in doing such
work a notice (hereinafter referred to as a notice of irre-
gularity) requiring him within forty-eight hours from the
date of the notice to cause anything done in contraven-
tion of this Act to be amended, or to do anything required
to be done by this Act which has been omitted to be done,
or to cause so much of any building, structure, or work as
116 THE LONDON BUILDING ACT, 1894.
Sec. 151- prevents such district surveyor from ascertaining whether
anything has been done or omitted to be done as aforesaid,
to be to a sufficient extent cut into, laid open, or pulled
down.
As to consequences of non-compliance with notices of irregularity,
see Section 153, page 117.
Notice of 152 — In order to provide for the service of a notice
irregularity after and notwithstanding that the build-
ing or structure has ceased to be in charge of or under
the control of the builder, the following provisions shall
have effect : —
(a) If notice in writing shall have been served upon the
district surveyor by the builder or owner of the
date at which such building has ceased to be in
the charge of or under the control of the builder,
then at any time before the expiration of fourteen
days after the service of such notice a notice of
irregularity may, if the district surveyor think fit,
be served on the owner or occupier of the building
or structure, or other, the person causing or direct-
ing, or who has caused or directed the work instead
of or in addition to the builder (if any) ;
(b) Where no such notice shall have been served upon
the district surveyor a notice of irregularity may,
at any time within twenty-one days after completion
of the building or structure, be served on the
owner or occupier of the building or structure, or
other, the person causing or directing, or who has
caused or directed the work instead of or in addition
to the builder (if any).
2. When the owner of the building or structure does
not allow the builder to comply with the requisition of a
notice of irregularity served on the builder, and the builder
serves notice on the district surveyor to that effect, a notice
of irregularity may, at any time within fourteen days after
service of the notice by the builder on the district surveyor,
be served on the owner or occupier of the building or
structure, or other, the person causing or directing or who
has caused or directed the work instead of or in addition
to the builder (if any).
3. When a notice of irregularity is served under this
DISTRICT SURVEYORS. 1X7
section the provisions of this Act as to the consequences Sec. 152.
of such a notice, so far as they relate to the builder, shall
apply to the owner, occupier, or other person served.
5. Nothing in this section shall prejudice any remedy
of an owner, occupier, or other person against the builder.
A builder will not be liable who is not the builder at the time of
irregularity. Reg. v. Brown (1881), 45 J.P. 220.
153 — 1. If the person on whom the notice of irregularity summary
is served make default in complying with that notice f
within the period named therein, a petty sessional court,
on complaint made in a summary manner, as provided by
the Summary Jurisdiction Acts, by the district surveyor,
may make an order on such person requiring him to comply
with the notice or with any requisitions therein which may,
in the opinion of the court, be authorized by this Act
within a time to be named in the order.
2. If the order be not complied with the Council may,
if they think fit, after giving seven days' notice to such
person, enter with a sufficient number of workmen upon
the premises and do all such things as may be necessary
for enforcing the requisitions of the notice and for bringing
any building or work into conformity with the provisions
of this Act, and all expenses incurred by the Council in so
doing may be recovered in a summary way either from the
person on whom the order was made or from the owner of
the premises.
See notes at end of Section 170 for power of L.C.C. for recovering
expenses, pages 124 and 125.
154 — 1. There shall be paid by the builder, or in his Payments
default by the owner or occupier, as the case may be, of veyors for
the building or structure in respect whereof the same are
chargeable to every district surveyor in respect of the services,
several matters mentioned in Parts I. and III. of the Third
Schedule to this Act, the fees therein specified or such other
fees not exceeding the amounts therein specified as may be
directed by the Council.
2. If in consequence of any reduction being made by
the Council in the amount of the said fees the income of
any existing district surveyor is diminished, the Council
shall grant to him compensation in respect of such diminu-
tion.
118 THE LONDON BUILDING ACT, 1894.
Sec. 154. A builder being employed to construct a series of arches under a
public street, the district surveyor was entitled to a fee in respect
of each distinct building to which any given number of arches was
appropriated. Power v. Wigmore (1872), L.R. 7 C.P. 386; 27 L.T.
148. Moir v. Williams (1892), 1 Q.B. 264 ; 66 L.T. 215.
Council to 155 — The Council shall pay to the district surveyor such
suJveyorTn ^ees as the Council shall from time to time determine in
relation to respect of any service required to be performed by the
formation n • ^ • , . i , • , , i <• . • i •
of streets, district surveyor m relation to the formation or laying out
of streets, lines of building frontage, and any like service
which the district surveyor may be required to perform
under this Act.
For scale of fees, see pages 159-164.
156 — The Council shall pay to the district surveyor such
fees as may be from time to time appointed by the tribunal
of appeal in respect of any work done by the district sur-
veyor in relation to the preparation of evidence and giving
the same before the tribunal of appeal.
157 — 1. At the expiration of the following periods (that
: f
1S l
(a) Of fourteen days after the roof of any building sur-
veyed by a district surveyor under this Act has
been covered in ; and
(b) Of fourteen days after the completion of any work
by this Act placed under the supervision of a
district surveyor ; and
(c) Of fourteen days after any special service in respect
of any building, structure, or land has been per-
formed by a district surveyor ;
the district surveyor shall be entitled to receive the fees
due to him from the builder employed in erecting such
building or structure, or in doing such work, or in doing
any matter in respect of which any special service has
been performed by the surveyor, or from the owner or
occupier of the building or structure so erected, or in
respect of which such work has been done or service per-
formed, or of the land in, upon, or in respect of which
such work has been done or service performed.
DISTKICT SUE VE YOBS. 119
Owner or occupier at the time the work was actually done. Tubb goc 1 57
v. Good (1870), L.E. 5 Q.B. 443. Evelyn v. Whichcord (1858), 31
L.T. (O.S.) 96; 22 J.P. 658. Caudwell v. Hanson (1872), L.B. 7
Q.B. 55.
2. If any such builder, owner, or occupier, refuses to
pay the said fees, they may be recovered in a summary
manner on its being shown to the satisfaction of the court
that a proper bill specifying the amount of the fees was
delivered to him or sent to him in a registered letter ad-
dressed to his last known residence.
A building not in conformity with the Act had been removed in-
stead of being altered to comply with same, it was held that the
district surveyor can claim fees. Fletcher v. Lewis, Lambeth P.
Court, Builder, March 25, 1892.
By Section 11 of the Summary Jurisdiction Act, 1848, the recovery
of money is subject to six months' limitation " from the time when
the matter of such complaint arose " ; this period began to run from
the time that a bill was delivered to the builder or the owner as the
case may be. Corbett v. Badger (1901), 2 K.B. 278.
158 — 1. The Council may at any time, by order, cause Power of
such fixed salary as they may determine to be paid to any pay SSar^es
district surveyor by way of remuneration instead of fees, to Bur-
so that the amount of such remuneration be not less than ve
the amount of the average of the fees for the last seven
completed years preceding such determination, and there-
upon the fees which would have been payable to such
district surveyor in pursuance of this Act shall be paid
to the Council and carried to the credit of the county
fund.
2. The Council may at any time provide either wholly
or partially for the payment of salaries to the district sur-
veyors, or to any of them, out of the county fund, and
may thereupon abolish or reduce any fees by this Act made
payable to the district surveyors.
159 — The Council may in any case, where they shall Council
think fit to do, undertake on behalf of a district surveyor ™ed ?n°"
any proceedings which would otherwise be undertaken by J}-2jjJctof
such district surveyor, or may pay the costs incurred by surveyor,
any district surveyor in any proceedings taken by him
under^this Act.
120 THE LONDON BUILDING ACT, 1894.
Returns by District Surveyors.
Monthly 160 — Every district surveyor shall, within seven days
district y after the first day of every month, make a return to the
to Council, in such manner as they may appoint, of all notices
and complaints received by him relative to the business of
his district, and the results thereof and of all matters
brought by him before any petty sessional court, and of all
the several works supervised and special services performed
by him in the exercise of his office within the previous
month, and of all fees charged or received in respect
thereof, and shall specify in such return the description
and locality of every building which has been built, rebuilt,
enlarged, or altered, or on which any work has been done
under his supervision, with the particular nature of every
work in respect of which any fee has been charged or
received.
Return to 161— Every such return shall be signed by the district
cate thatlfi" surveyor, and shall be deemed to be a certificate that all
works are the works enumerated therein as completed have been done
ance wfth in all respects in accordance with this Act to the best of
Act> his knowledge and belief, and that they have been duly
surveyed by him.
Audit of 162 — The superintending architect, or such other officer
fees°unts of as the Council appoint, shall examine the monthy returns
charged by of the district surveyors, and if any fees therein specified
veyor? 8ir" appear to him to be unauthorised by this Act, or to exceed
in amount the fees so authorised, or if any such account
appears to be in any respect fraudulent or incorrect, he
shall make his report in writing to that effect to the
Council, who shall thereupon take such steps in the matter
as they deem expedient.
District 163 — Every district surveyor shall forthwith notify to
notiiTcer-0 tne Council any actual or probable contravention of the
laritieif egu~ Provisi°ns °^ ^is Act in relation to any matter or thing
tcfthe8 with which it is not within his competency to deal, of
Council, t which notice or information has been given to him or
which he has discovered.
BY-LAWS. 121
PART XIV.
BY-LAWS.
NOTE. — Part XIV. only refers to the power given to the London
County Council to make by-laws relating to the following matters,
but the L.C.C. has not yet availed itself of this power, &c. Section
216, page 148, provides that the existing by-laws shall remain in
force until altered. These by-laws are given on pages 425-429.
164 — 1. Subject to the provisions of this Act the Council Power to
may make such by-laws, not repugnant or contrary to the make"1 to
provisions of this Act. as they may think expedient for the by-laws,
better carrying into effect the objects and powers of this
Act with respect to the following matters (that is to say) : —
The regulation of the plans, level, width, surface,
and inclination of new streets, and for regulating
the plans and level of sites for new buildings;
The forms of notice and other documents to be used
for the purposes of this Act and other like matters
of procedure.
Foundations and sites of buildings and other erections ;
The mode in which and the materials with which such
foundations and sites are to be made, excavated,
filled up, prepared, and completed for securing
stability and for purposes of health ;
The thickness and the description and quality of the
substances of which walls may be constructed for
securing stability, the prevention of fires, and for
purposes of health ;
The dimensions of wooden bressummers ;
The dimensions of joists of floors ;
The protection of ironwork used in the construction of
buildings from the action of fire ;
Woodwork in external walls ;
The description and quality of the substances of which
plastering may be made ;
The mode in which, and the materials with which, any
excavation made within a line drawn outside the
external walls of a house, building, or other erection,
and at a uniform distance therefrom of three feet,
shall be filled up ;
122 THE LONDON BUILDING ACT, 1894.
Sec. 164. The regulation of lamps, signs, or other structures over-
hanging the public way not being within the City ;
Provided that any such by-laws as to the regulation
of lamps, signs, and other overhanging structures
shall be administered by the local authority ;
The means of escape from fire in buildings exceeding
sixty feet in height ;
The whole subject of means of escape in case of fire is dealt with
in the London Building Acts (Amendment) Act, 1905. See pages
184-194.
The duties of district surveyors in relation to any by-
laws made in pursuance of this section ;
The deposit with district surveyors of any plans of
buildings submitted for their certificate ;
The regulations of the amounts of the fees to be paid
to district surveyors in respect of their duties under
any such by-laws ;
The imposition for every offence committed against
any by-laws made under this Act of a penalty not
exceeding five pounds, and a daily penalty not
exceeding two pounds for every day during which
such offence continues after conviction. Such
penalties to be recovered by summary proceedings.
2. The Council may provide by any by-law that in any
case in which the Council think it expedient they may
dispense with the observance of any by-law made under
this section on such terms and conditions (if any) as they
think proper.
3. No by-law shall have any force or effect unless or
until it shall have been submitted to and confirmed at a
meeting of the Council subsequent to that at which the
by-law shall have been made, nor shall any by -law have
any force or effect until the same shall have been allowed
by the Local Government Board.
4. Not less than two months before applying to the
Local Government Board for the allowance of any such
by-laws, the Council shall give notice of their intended
application by advertisement in the London Gazette, and
otherwise as the Local Government Board shall direct, and
the Council shall send a copy of the proposed by-laws as
approved by them to the local authority, the Ecclesiastical
Commissioners, the Eoyal Institute of British Architects,
LEGAL PROCEEDINGS. 123
the Surveyors' Institution, the London Chamber of Com- Sec. 164.
merce (Incorporated), and to the Institute of Builders, and
to such other societies and persons as the Local Govern-
ment Board may direct, and for one month at least before
any such application a copy of the proposed by-laws shall
be kept at the county hall and shall be open during office
hours thereat to inspection without charge.
5. All by-laws made and confirmed and allowed as afore-
said in pursuance of this Act shall be published in the
London Gazette, and printed and hung up at the county
hall and be open to public inspection without payment,
and copies thereof shall be delivered to any person apply-
ing for the same on payment of such sum, not exceeding
twopence, as the Council shall direct, and such by-laws
when so published shall come into operation upon a date
to be fixed by the Local Government Board in allowing
the by-laws, and the production of a printed copy of such
by-laws, authenticated by the seal of the Council, shall be
evidence of the existence and of the due making, allowance,
and publication of such by-laws in all prosecutions or
other proceedings under the same, without adducing proof
of such seal or of the fact of such making, confirmation,
allowance, or publication of such by-laws.
165 — No by-law in respect of any matter from which saving for
the City is exempted by this Act or by any Act hereby £,en^ .of
repealed shall have any force or effect within the City.
The City of London was exempt from by-laws made under the
Building Acts of 1878 and 1890.
PART XV.
LEGAL PEOCEEDINGS.
166 — All offences, penalties, costs, and expenses under summary
this Act, or any by-law made under this Act directed to ?™*f£
be prosecuted or recovered in a summary manner, or the offences,
prosecution or recovery of which is not otherwise pro- *overy o/e
vided for, may be prosecuted and recovered in manner Penalties-
directed by the Summary Jurisdiction Acts.
The Summary Jurisdiction Acts refer to those of 1848 (11 & 12
Viet., c. 43), 1879 (42 & 43 Viet., c. 49), 1884 ( 47 &'48 Viet., c. 43).
124 THE LONDON BUILDING ACT, 1894.
Sec. 166* The time when proceedings may be taken is set forth in Section II.
of the 1848 Act. The six months runs from the date when the fee
is demanded. Labalmondiere v. Addison (1858), 28 L.J. (M.C.) 25.
When irregularity notice has been served and not complied with,
the time limitation starts from time of receipt of notice to alter the
building in accordance with notice served. Bovill v. Gibbs (1887),
51 J.P. 485.
Where the builders finished a building that was not in accordance
with the Act, and left the premises after they had been convicted
for the offence, the owner of the premises was held liable for
penalties for the continuing offence. L.G.C. v. Worley (1894), 2 Q.B.
826.
As to the right of appeal from the Q.B.D. to the Court of Appeal,
see Payne v. Wright, No. 2 (1892), 61 J.L. (M.C.) 114. Rex v.
D'Eyncourt, 85 L.T. 501.
Proceed- 167 — Any proceedings taken by a district surveyor may
veyor * 8ur ^e continued by his duly appointed deputy or successor in
the office.
As to such legal proceedings, see Sections 151, 152, and 153, pages
115, 116 and 117.
Powers of 168 — Where jurisdiction is by this Act given to a county
fronfPPeal court, that court may settle the time and manner of execut-
county ing any work or of doing any other thing, and may put the
parties to the case upon such terms as respects the execu-
tion of the work as the court thinks fit :
Provided that any person shall have the same right of
appeal from any decision of a county court in any matter
in which jurisdiction is given to such court by this Act as
he would have under the County Courts Act, 1888, from
any decision of such court in any matter.
For penalty see Section 200, Sub-section 11 (d), page 139.
Appiica- 169 — Notwithstanding anything in any other Act one-
pena?tfies. na^ °^ a^ penalties recovered by the Council under this
Act shall be paid to the Council. Provided that it shall
be lawful for any court by whom any penalty is imposed
under this Act to direct that the whole or part thereof
shall be applied in or towards payment of the costs of the
proceedings.
Council 170 — Where any person has been convicted of an offence
moLlT against any of the provisions of any Part of this Act, or
buildings any by-law made thereunder, by constructing, erecting,
materials, adapting, extending, raising, altering, uniting, or separat-
expernse<Tr *nS any building or structure, or any part of any building,
LEGAL PROCEEDINGS. 125
or structure, in contravention of any provisions of any Sec. 170-
Part of this Act, it shall be lawful for the Council, after
giving fourteen days' notice to such person to bring such
building or structure into conformity with the said pro-
visions, and after default shall have been made in comply-
ing with such notice, and notwithstanding the imposition
and recovery of any penalty, to cause complaint thereof to
be made before a petty sessional court, who may thereupon
issue a summons requiring the person making such default
as aforesaid to appear to answer such complaint, and if the
said complaint is proved to the satisfaction of the court,
the court may make an order hi writing authorising the
Council, and it shall thereupon be lawful for the Council
to enter upon such building or structure with a sufficient
number of workmen and to demolish or alter such building
or structure, or any part thereof, so far as the same shall
have been adjudged to be in contravention of this Act, or
any by-law under this Act, and to do whatever other acts
may be necessary for such purpose, and to remove the
materials to some convenient place, and if in their discre-
tion they think fit, sell the same in such manner as they
may think fit, and all expenses incurred by the Council in
demolishing or altering such building or structure or any
part thereof, and in doing such other acts as aforesaid, or
the balance of such expenses, after deducting the proceeds
of sale of the aforesaid materials (if the Council thinks fit
to sell the same), may be recovered from the person com-
mitting the offence aforesaid in a summary manner.
If the proceeds of such sale'shall be more than sufficient
to defray such expenses the Council shall restore the sur-
plus of such proceeds, after deducting the amount of all
such expenses, to the owner of the building or structure on
demand.
Power given to demolish buildings to be exercised by the Borough
Councils under London Government Act, 1899, Second Schedule,
Part II., only when they have obtained conviction.
See Section 153, Sub-section 2, page 117, in which case the Council
have power to act without obtaining an order of Petty Sessional Court. Procedure
171 — The powers conferred by this Part of this Act upon authorities
the Council with respect to any building or structure, in bindings in
case such building or structure has been erected, extended,
or raised contrary to the provisions of this Act beyond the line.
126 THE LONDON BUILDING ACT, 1894.
Sec. 171- general line of buildings in the street, place, or row of
nouses in which the same is situate, shall extend and apply
to and may be exercised by the local authority in like
manner as by the Council.
Payment of 172 — Where by any provision of this Act any surplus
Jroceed°f of the proceeds of the sale of any building, structure, or
into court, materials is made payable to any owner thereof, and no
demand is made by any person entitled thereto within one
year of the receipt of the proceeds by the Council, then the
same shall be paid into the Bank of England (Law Courts
Branch) to the account of the Paymaster- General for the
time being, for and on behalf of the Supreme Court of
Judicature, to be placed to the credit of "ex parte the
London County Council London Building Act, 1894, the
account of " the owner (describing him so far as reasonably
practicable), subject to the control of the High Court, and
to be paid out to the owner on his proving his title thereto.
Payment of 173 — Where it is by any provision of this Act declared
byPowners ^na* expenses are to be borne by or may be recovered from
the owner of any premises (including under the term
"owner" the adjoining and building owners respectively),
the following rules shall be observed with respect to the
payment of those expenses : —
1. The owner immediately entitled in possession to the
premises or the occupier thereof, shall in the first
instance pay the expenses with this limitation, that
an occupier shall not be liable to pay any sum ex-
ceeding in amount the rent due, or that will there-
after accrue due from him in respect of the premises
during the period of his occupancy ;
It was held that a sub-owner summoned for expenses incurred
might recover the contribution from the other owners of a party
wall. Debenham v. Metropolitan Board of Works (1880), 6 Q.B.D.
112.
It was held that the lessee for a term of years, who had underlet
the premises to different tenants, and was entitled to receive the
rack-rents, was held liable as owner to pay the adjoining owner a
part of the expenses incurred in repairing a party wall. Hunt v.
Harris (1865), 19 G.B. (N.S.) 13.
2. If there are successive owners each of them shall be
LEGAL PROCEEDINGS. 127
liable to contribute to the expenses in proportion to Sec. 173-
his interest ;
3. Any difference arising as to the amount of contribu-
tion shall be decided by arbitration ;
4. If some of the owners liable to contribution cannot
be found, the deficiency so arising shall be divided
amongst the owners who can be found ;
5. Any occupier of premises who has paid any such
expenses may deduct the amount so paid from any
rent payable by him to any owner of the same
premises, and any owner who has paid more than
his due proportion of any such expenses may deduct
the amount so overpaid from any rent payable by
him to any other owner of the same premises ;
Where a tenant is compelled by the building owner to pay part
of the expenses which should have been paid by his landlord, the
tenant can recover the amount so paid by action, and is not bound
(though he is entitled) to deduct it from his rent. Earle v. Maugham
(1863), 8 L.T. 637 ; 11 W.R. 911.
6. If default is made by any person in payment of any
expenses payable by him in the first instance under
this section, the same may be recovered in a sum-
mary way, and if default is made by any person in
repaying to any other person any money recover-
able under this section, such moneys may be
recovered in the same manner as if the obligation
to pay such moneys were a simple contract debt.
174 — Where the period within which for the purposes AS to
of this Act any sanction, consent, approval, or allowance
in respect of any matters arising under Parts II. or V. of
this Act is to be given or refused by the Council, or within vacations,
which any objection is to be made or other act done by
the Council, would expire on any day between the eighth
day of August and the fourteenth day of September (both
inclusive), such period shall be deemed to be extended for
twenty-eight days.
Tribunal of Appeal.
Constitu-
175 — For the purposes of this Act a tribunal of appeal £ibunfai of
shall be constituted as follows : — appeal.
128 THE LONDON BUILDING ACT, 1394.
Sec. 175. One member shall be appointed by a Secretary of
State ;
One member shall be appointed by the Council of the
Royal Institute of British Architects ;
One member shall be appointed by the Council of the
Surveyors' Institution :
No member or officer of the Council shall be a member
of the tribunal of appeal.
See Section 25, L.C.C. (General Powers) Act, 1909, page 242.
Duration of 176 — Members of the tribunal of appeal shall be ap-
pointed for a term of five years, and any such member
shall be eligible for re-appointment.
Removal of 177 — It shall be lawful for the Lord Chancellor, if he
srs< think fit, to remove for inability or misbehaviour, or other
good and sufficient cause, any member of the tribunal of
appeal.
vacancies 178 — Upon the occurrence of any vacancy in the tribunal
sullied. of appeal, or during the temporary absence through illness
or other unavoidable cause of any member thereof, a Secre-
tary of State, the Council of the Eoyal Institute of British
Architects, or the Council of the Surveyors' Institution (as
the case may be), whichever of them shall have appointed
the member of the tribunal whose place shall be vacated,
shall appoint forthwith a fit person to be a member (either
temporary or permanent) of the tribunal in lieu of the
member whose place is vacated, or who is temporarily
absent as aforesaid.
Bemunera- 179 — Each member of the tribunal of appeal shall be
members entitled to such remuneration, either by way of annual
on^tribu- salary or by way of fees, or partly in one way and partly
in the other, as a Secretary of State may from time to
time fix.
Officers, 180 — It shall be lawful for the tribunal of appeal to
tribunal, appoint such clerks, officers, and servants as they may find
necessary, who shall be paid such salaries as shall be de-
termined by the Council, and to provide offices, and to
obtain such professional advice and assistance as they may
find necessary.
LEGAL PROCEEDINGS. 129
181 — It shall be lawful for the Council to defray the power for
expenses of supporting any decision of the Council, or of SSJ5S} to
the superintending architect, or of their engineer, or of decisions of
a district surveyor, by counsel and witnesses before the bSore8tri-
tribunal.
182 — It shall be lawful for the tribunal at any time to Tribunal
state, and the tribunal shall, if ordered by the High pou^SSS?*6
or a judge thereof on an application in a summary manner gggj011 of
made by any party to the appeal, state a case for the court.
opinion of the High Court on any question of law involved
in any appeal submitted to them. The High Court shall
hear and determine the question or questions of law arising
on any case stated by the tribunal of appeal, and shall there-
upon reverse, affirm, or amend the determination (if any)
in respect of which the case has been stated, or remit the
matter to the tribunal of appeal with the opinion of the
court on the case stated, or may make such other order in
relation to the matter as the circumstances of the case
require, and may make such order as to the costs of the
case and in the High Court as to the court may seem fit.
183 — The tribunal of appeal shall, subject to the pro- Procedure
visions of this Act, have jurisdiction and power to hear of tribunal-
and determine appeals referred to them under this Act.
For all the purposes of and incidental to the hearing and
determination of any appeal, the tribunal shall, subject to
any rules of procedure duly made, have power to hear the
Council and the parties interested, either in person or by
counsel, solicitor, or agent, as they may think fit, and to
require the production of any documents or books, and to
confirm or reverse or vary any decision, and make any
such order as they may think fit, and the costs of any of
the parties to the appeal, including the Council, shall be in
the discretion of the tribunal.
The tribunal of appeal is empowered to hear appeals from the
Council on Section 13, Sub-sections 3 and 4, page 26 ; Sec. 19, page
32, Sec. 41, page 41, s.s. 1 (iii.), (iv.), (vi.), page 43 ; Sec. 42, s.s. 5, page
46 ; Sec. 43, s.s. 2, page 48 ; Sees. 44, page 48 and Sec. 48, page 50.
Appeals from superintending architect, Sees. 25, 29, and 46.
Appeals from district surveyors, Sec. 13, s.s. 5 ; Sec. 43, s.s. (iii.) ;
Sees. 78, 79, and 132, pages 71 and 108.
Appeals fromjchief engineer, Sec. 122, page 102.
9
130
THE LONDON BUILDING ACT, 1894.
Sec. 183« Tbe tribunal has the power to award a lump sum for costs instead
of ordering the costs to be taxed. Re L.C.C. and L.B. Act, 1894
(1904), L.T. 501 ; see also note at end of Section 22, page 35.
Reguia- 184 — The tribunal of appeal may from time to time,
proncedur? subject to the approval of the Lord Chancellor, make regu-
andfees. lations consistent with the provisions of this Act as to the
procedure to be followed in cases of appeal to the tribunal,
including the time and notice of appeal, and as to fees to
be paid by appellants and other parties.
For regulations as to procedure in tribunal of appeal, see pages
167-171.
See Section 25 L.C.C. (General Powers) Act, 1909, page 242.
Enforce- 185 — Any order of the tribunal of appeal may be
decision of enforced by the High Court as if it had been an order of
tribunal, that court.
beaScto°
Council. °
Expenses.
sums °f money Pa^ to *ne tribunal
of appeal shall be paid over to the Council and carried to
foe county fund, and the salaries or fees payable to
members of the tribunal, and the office and establishment
expenses of the tribunal, and expenses incurred by the
tribunal and the Council in reference thereto, shall be
defrayed out of the county fund.
See Section 25 L.C.C. (General Powers) Act, 1909, page 242.
ing.
Notices.
^' Notices, orders, and other such documents under
this Act shall be in writing, and notices and documents
other than orders when issued by the Council shall be
sufficiently authenticated if signed by their clerk or by the
officer by whom the same are given or served.
2. Orders shall be under the seal of the Council.
service of
368'
188 — 1. Any notice, order, or other document required
or authorised to be served under this Act, the service of
which is not provided for by the Summary Jurisdiction
Acts, the Lands Clauses Acts, or the Companies Clauses
Consolidation Act, 1845, may be served by delivering a
copy thereof at, or by sending a copy thereof by post in a
SERVICE OF NOTICES. 131
registered letter to the usual or last known residence in Sec. 188.
the United Kingdom of the person to whom it is addressed,
or by delivering the same to some person on the premises
to which it relates, or if no person be found on the premises,
then by fixing a copy thereof on some conspicuous part
of the building to which it relates, and in the case of a
railway company by delivering a copy thereof to the
secretary at the principal office of the said company.
2. Any notice, order, or other document to be served
upon a builder shall be deemed to be sufficiently served if
posted in a registered letter addressed to such builder at
the place of address stated in his building notice (if any),
or in default thereof at his office or any one of his principal
offices, or if a copy thereof be fixed on some conspicuous
part of the building to which it relates.
3. Any notice by this Act required to be given to or
served on the owner or occupier of any premises may be
addressed by the description of the " owner " or " occupier "
of the premises (naming the premises) in respect of which
the notice is given or served, without further name or
description.
4. Any notice required by this Act to be served on a
district surveyor may be served on him by post in a
registered letter addressed to him at his office, or by
leaving the same at his office.
This section does not apply to any notice, summons, or order to
be served upon the owner or occupier of a dangerous or neglected
structure. For service in those cases, see London Building Act, 1894
(Amendment) Act, 1898, Section 5, at pages 176 and 177.
PART XVI.
MISCELLANEOUS.
189 — All expenses incurred by the Council in carrying
this Act into execution and not otherwise provided for
shall be deemed to be general expenses incurred by the
Council, and shall be raised and paid accordingly, and the
costs, charges, and expenses preliminary to and of and
incidental to the preparing, applying for, and obtaining
passing of this Act shall be raised and paid by the Council
in like manner.
132 THE LONDON BUILDING ACT, 1894.
Power for 190 — In any case where the Council are authorised
annex con- under this Act to refuse their sanction, consent, and allow-
ditions. ance to the doing or omission of any act or thing, the
Council may, if they think fit, instead of refusing such
sanction, consent, or allowance, give the same subject to
such terms and conditions in relation to the subject-matter
of such sanction, consent, or allowance as the Council think
fit. Any such term or condition when accepted shall be
binding on the owner or occupier of the building or structure
or ground to which the sanction, consent, or allowance
relates, and if at any time any term or condition so
accepted is not observed or fulfilled, the owner or occupier
in default shall be subject to a penalty as hereinafter
provided.
For penalty for not complying with Council's conditions, see
Section 200, Sub-section 10, page 138.
AS to build- 191 — In the event of its being necessary to take down
Sftoricai anv portion of an old building of architectural or historical
interest, interest, constructed otherwise than in accordance with
the regulations of this Act, or in the event of the de-
struction of any part of such building, the part so taken
down or destroyed may, with the consent of the Council
first obtained, be restored in the same material and in the
same design as it formerly was.
Power of 192 — Any owner, builder, or other person, and his
owtner!°&c.,servants' workmen, and agents, may, for the purpose of
to execute complying with any notice or order served or made on
him in pursuance of this Act in respect of any building
or structure, room or place, after giving seven days' notice
to the occupier thereof, and on production of the first-
mentioned notice or order, enter and from time to time
without further notice re-enter such building or structure,
room, or place, and do all necessary works and things
therein, thereto, or in connection therewith.
Penalty for refusing admittance to owner, &c., see Section 200,
Sub-section 11 (g), page 139.
193 — Where any building has been erected or work
done without due notice having been given to the district
surveyor (in accordance with this Act or a by-law made
MISCELLANEOUS. 133
under this Act), the district surveyor may, at any time Sec. 193.
within one month after he has discovered that such Limitation
building has been erected or work done, enter the premises °roceedf°r
for the purpose of seeing that the provisions of this Act or ings where
any notice served or order made under the same have been g^6 not
complied with, and the time during which the district sur-
\ eyor may take any proceedings or do anything authorised
or required by this Act to be done by him in respect of
such building or work, shall begin to run from the date of
his discovering that such building has been erected or
work done.
See Section 152 for proceedings in case of irregularities, after
completion of building, pages 116 and 117.
194 — Applications, plans, and other documents delivered Plans and
at the office of the Council or to the district surveyor in S*0°be™o-ts
pursuance of this Act or of any by-law of the Council Per*y °f
thereunder, shall on delivery there become the property of
the Council.
195 — The approval by the Council of any plans or par- Mode of
ticulars for the purposes of this Act shall be signified i
writing under the hand of the superintending architect. °2J£cil to
196 — Where any consent is required to be given, any Consent,
notice to be served, or any other thing to be done by, on, on beSfof
or to any owner in pursuance of this Act, if there is no owners not
• f ,,„,',., „ to be found.
owner, or if such owner cannot be found, the judge of
the county court may give such consent, or do, or cause
to be done such thing on such terms and conditions as he
may think fit, and may dispense with the service of any
notice which would otherwise be required to be served.
197 — 1. It shall not be lawful for any person to erect storing of
or place a pile, stack, or store of cut or uncut timber, tfm°ber.n
lathwood, firewood, casks, or barrels, whether on or above
the ground, nearer to a street than the buildings forming
the general line of buildings therein, except in a position
wherein such a pile, stack, or store stood on the first day of
January, one thousand eight hundred and ninety-four.
2. It shall not be lawful for any person to pile, stack, or
store cut or uncut timber, lathwood, firewood, casks, or
134 THE LONDON BUILDING ACT, 1894,
Sec. 197. barrels in the same yard or ground, or in any part of the
same premises, with any furnace, except in the following
cases ; —
(a) Where the furnace is enclosed in a building or
chamber constructed of fire-resisting materials ; or
(b) Where there is a distance of not less than ten feet
between the furnace and the pile, stack, or store of
timber, lathwood, firewood, casks, or barrels.
3. No pile, stack, or store of timber, lathwood, firewood,
casks, or barrels shall exceed sixty feet in height from the
level of the ground.
4. It shall not be lawful to form in any pile, stack, or
store of timber, lathwood, firewood, casks, or barrels any
room or chamber or space (other than a passage) to be
used for any purpose whatever.
5. Timber yards existing at the time of the passing of
this Act shall comply with these provisions within two
years from the date of the passing of the Act, but the
Council shall have power in individual cases, if they think
fit, to prolong this time for a term not exceeding seven
years, and shall have power to relax any of the provisions
of this section.
6. This section shall not apply to railway companies or
canal companies so far as regards timber, lathwood, fire-
wood, casks, or barrels in transit or piled, stacked, or stored
on land occupied by them for the purposes of their under-
takings, nor to timber, lathwood, firewood, casks, or barrels
piled, stacked, or stored in or on any yard or other premises
occupied by any dock company for the purposes of their
undertaking, or to any such yard or premises, or to any
person piling or stacking or storing timber, lathwood, fire-
wood, casks, or barrels in or on any such yard or premises.
By the London Government Act, 1899, Second Schedule, Part 2,
Borough Councils within the boroughs can take proceedings as well
as London County Council.
Section 85 declares stacks of timber not fixed to the ground
exempted from provisions of temporary structures.
In Legg v. Smith and Wallen v . Gliickstein, see notes to Section
5, Sub-section 6, timber stages were declared to be buildings.
Removal of 198 — Proceedings with respect to a building shall not
to affect ke affected by the removal or falling in of the roof or
proceed- covering of such building.
OFFENCES AGAINST ACT.
199 — No person not being properly authorised shall Preventing
erect or place, or cause to be erected or placed, any post, -J |treets°n
rail, fence, bar, obstruction or encroachment whatsoever,
in, upon, over or under any street, and no person not being
lawfully authorised shall alter or interfere with any street
in such a manner as to impede or hinder the traffic for
which such street was formed or laid out from passing
over the same.
The Council may, at the expiration of two days after
giving notice in writing to such person to demolish or
remove any such post, rail, fence, bar, obstruction or en-
croachment, or to reinstate or restore such street to its
former condition (as the case may be), demolish or remove
any such post, rail, fence, bar, obstruction, or encroach-
ment, and reinstate or restore such street to its former
condition and recover the expenses thereof from such
person in a summary manner.
This section shall not apply within the City.
Powers transferred to the Borough Councils by Section 5 of the
London Government Act, 1899.
Offences against Act.
200 — Subject to the provisions of this Act, every person offences
who does any of the things specified in this section shall againet Actt
be deemed to have committed an offence against this Act,
and shall be liable upon conviction in a summary manner
to a penalty not exceeding the amount hereafter specified
in connection with such offence, and to a further penalty
not exceeding the amount hereafter stated as the daily
penalty in connection with such offence for every day on
which the offence is continued after such conviction (that
is to say) : —
1. Every person who —
(a) commences to form or lay out, alter, or adapt
any street or way, without having first obtained
the sanction of the Council under this Act, or
otherwise than in accordance with the con-
ditions (if any) prescribed by the Council in
giving their sanction or by the tribunal of
appeal, as the case may be, or commences to
widen any street or way to a less extent than
136 THE LONDOtf BUILDING ACtf,
Sec. 200. the prescribed distance without giving to the
Council the notice prescribed by this Act ; or
(6) unlawfully erects or places in, upon, or over
any street or way any post, fence, bar, obstruc-
tion, or encroachment ; or
(c) unlawfully permits any such post, rail, fence,
bar, obstruction, or encroachment in, upon, or
over any street or way to remain after notice
served upon him by the Council to remove the
same; or
(d) unlawfully alters or interferes with any street in
such a manner as to impede or hinder the
traffic for which such street was formed or laid
out ;
shall be liable to a penalty not exceeding ten pounds
for every such offence, and to a daily penalty not
exceeding forty shillings.
2. Every person who neglects or refuses for twenty-eight
days after the service of any notices empowered to
be served under Part II. of this Act, requiring him
to set back any building or structure to comply with
the requirements of such notice, or after the expira-
tion of such period fails to carry out or complete
the works necessary for such compliance within the
time (if any) limited in such notice, shall be liable
to a penalty of not less than forty shillings and not
more than five pounds, and to a daily penalty of not
less than ten shillings and not more than forty shil-
lings. Provided always that this sub-section shall
not apply to any non-compliance with such notice
in the case of an intended highway where the same
shall not be opened as a highway.
See Section 8, Sub-section 2, of London Building Act (Amend-
ment) Act, 1898, page 175.
3. Every person who —
(a) erects or brings forward any building or struc-
ture in contravention of any of the provisions
of Part III. of this Act, or of any conditions
attached by the Council to any consent given
pursuant to such provisions ; or
(6) erects, alters, enlarges, rebuilds, or raises, or
OFFEtfCES AGAINST? AC*. 137
commences to erect, alter, enlarge, rebuild, or Sec. 200.
raise any building or commences so to do so as
to contravene any of the provisions of Part V.
of this Act ; or
See L.C.C. v. Worley at end of Section 166, page 124.
(c) fails to comply with any of the provisions of
Part VI. of this Act ; or
(d) fails to comply with the requirements of any
notice given to or served upon him under and
in accordance with Part VII. of this Act within
the time (if any) specified in such notice ; or
(e) sets up, erects, retains, or adapts any building
or structure to which Part VII. of this Act
applies without having obtained any license
required by that Part of this Act, or makes
default in observing any of the conditions con-
tained in such approval or license :
shall be liable to a penalty not exceeding twenty
pounds a day during every day of the continuance
of the non-compliance with the order of the Court
in reference to the matters aforesaid :
The words in italics are enacted by the London Building Act
(Amendment) Act, 1898, Section 6.
For further penalty, see L.B. Act (Amendment) Act, 1898, Section
7, pages 177 and 178.
4. Every person who hinders or obstructs any persons
empowered by this Act to enter and remain on any
premises for the purpose of executing and to exe-
cute any work authorised or directed to be done
under this Act, or wilfully damages or injures any
such work, shall be liable for every such offence to
a penalty not exceeding ten pounds :
5. Every person who, being a building owner liable
under Part VIII. of this Act to make good any
damage which he may occasion to the adjoining
owner's or adjoining occupier's property, by any
works authorised to be executed by the building
owner, or to do any other thing upon condition of
doing which his right to execute such works is by
Part VIII. of this Act declared to arise, fails within
138 THE LONDON BUILDING ACT, 1894.
Sec. 200. a reasonable time to make good such damage, or
to do such thing shall be liable to a penalty not
exceeding twenty pounds, and to a daily penalty
not exceeding the like amount :
6. Every person who refuses to admit the purchaser of
any material sold under this Act, his servants or
agents, upon the land on which the same are, at a
reasonable hour, or impedes him or them in re-
moving the same therefrom at a reasonable hour,
shall be liable to a penalty not exceeding ten
pounds, and to a daily penalty not exceeding five
pounds :
7. Every person who erects a building nearer than fifty
feet to a building used for any dangerous business,
or a dwelling-house nearer than fifty feet to a build-
ing used for any noxious business, shall be liable to
a penalty not exceeding fifty pounds, and to a daily
penalty not exceeding the like amount for every
day during which such first-mentioned building or
such dwelling-house shall be allowed to so remain
near to such dangerous and noxious business :
8. Every person who establishes or carries on a danger-
ous or noxious business in contravention of any of
the provisions of this Act shall be liable to a penalty
not exceeding fifty pounds, and to a daily penalty
not exceeding the like amount :
9. Every person who erects or adapts, or commences to
erect or adapt otherwise than in accordance with
the provisions of Part XI. of this Act any building
to which Part XI. of this Act relates, shall be liable
to a penalty not exceeding one hundred pounds,
and to a daily penalty not exceeding fifty pounds
for every day after the conviction for the offence on
which the building continues so erected or adapted
without a license, or on which default is made in
observing or complying with any conditions of a
license under that Part of this Act :
10. Every person not complying with any term or con-
dition imposed by the Council under the section
the marginal note of which is " Power for Council
to annex conditions" shall be liable to a penalty
not exceeding ten pounds :
OFFENCES AGAINST ACT. 139
11. (a) Any person who places, erects, or retains, or Sec. 200-
suffers or permits to be placed, erected, or re-
tained any sky sign contrary to the provisions
of this Act ; or
(b) Being a person who ought to serve a building
notice, fails to do so or begins to execute a
work respecting which he ought to serve a
building notice, before serving such notice,
or having served a building notice begins to
execute the work to which it relates before the
expiration of two clear days after the notice
has ceased to operate ; 01
(c) Refuses to permit any district surveyor at a
reasonable time to enter, survey, or inspect any
building, work, or premises which such surveyor
is by this Act authorised to enter and inspect,
or refuses or neglects to afford him all reason-
able assistance in such inspection ; or
(d) Fails to comply with any order of the county
court made in pursuance of this Act within the
time named in such order ; or
(e) Refuses to admit at a reasonable time a builder
to a building, or otherwise prevents a builder
from complying with any order of the county
court made in pursuance of this Act ; or
(/) (Being a workman, labourer, servant, or other
person employed in or about any building)
wilfully and without the privity or consent of
the person causing the work to be done, does
anything in or about such building contrary to
the provisions of this Act ; or
(g) Refuses to admit at a reasonable time any
owner, builder, or person, or his servants, work-
men, or agents into any land, building, or
structure for the purpose of complying with
any notice or order served or made on him in
pursuance of this Act in respect of such land,
building, or structure, or refuses or neglects to
afford them all reasonable assistance in com-
plying with such notice or executing such
order ; or
(h) Acts in any manner in contravention of any
140 TiJE LONDON BUILDING ACT1, 1894.
Sec. 200. of the provisions of this Act relating to the
storing of wood and timber ; or
By the London Government Act, 1899, Second Schedule, Part II.,
Borough Councils can take proceedings as well as the L.C.C. as
regards this sub-section.
(j) Does any other thing prohibited by this Act, or
fails, neglects, or omits to do any other thing
which he is required to do under or in pur-
suance of this Act ;
shall be liable to a penalty not exceeding forty
shillings, and to a daily penalty not exceeding the
like amount :
12. Every person who without the consent of the
Council converts or uses a building contrary to
any of the provisions of the section of this Act of
which the marginal note is u Eules as to conversion
of buildings," shall be liable to a penalty not
exceeding ten pounds, and to a daily penalty not
exceeding the like amount for every day on which
the building remains so converted; or is used con-
trary to the provisions of the said section.
The liability to these penalties shall be without prejudice
to any other proceedings, whether under this Act or any
by-law under this Act or otherwise, but so that no person
shall be punished twice for the same offence.
Application of Act.
Buildings 201 — The following buildings and works shall be exempt
frxoem plrts from the operation of Parts VI. and VII. of this Act.1
1. Bridges, piers, jetties, embankment walls, retaining
walls, and wharf or quay walls :
See Section 36, L.B. Acts (Amendment) Act, 1905, page 204.
2. The Mansion House, Guildhall, and Royal Exchange
of the City :
3. The offices and buildings of the Bank of England
within the City :
4. All buildings erected before or after the passing of
1 Parts V., XIII., XIV., XV., XVI., and Sanitary By-laws are
therefore applicable to them.
EXEMPTED BUILDINGS. 141
this Act, by or with the sanction of the Com- Sec. 201.
missioners for the Exhibition of 1851, on any lands
belonging to them and purchased in pursuance of
any power vested in them by charter or Act of
Parliament, except streets or blocks of buildings
erected by them or with their sanction as private
dwelling-houses :
5. The Sessions House at the Old Bailey, and all other
session houses or other public buildings belong-
ing to or occupied for public purposes by the
justices of the peace of the counties of Middlesex,
London, and the City of London, or by the County
Councils of London and Middlesex respectively :
6. The erections and buildings authorized by an Act
passed in the ninth year of the reign of his late
Majesty King George the Fourth for the purposes
of a market in Covent Garden :
7. The buildings of the Metropolitan Cattle Market and
of the Cattle Market at Deptford ; and any build-
ing within the market premises inhabited or
adapted to be inhabited by any official or servant
of the Corporation for the purposes of such markets
or either of them :
8. Any building or part of a building belonging to a
canal company, and used exclusively for the pur-
poses of canal works under any Act of Parliament ;
A canai company not being a carrying company but taking tolls
for the passage of barges along their canal erected a building on their
wharf and let it to another institution. Held that the building was
not " used for the purposes of the canal " and was not exempt.
Coole v. Lovegrove (1893), 2 Q.B. 44.
Any building or structure situate upon the railway or
within the railway or station premises, and used
for the purposes of or in connection with the traffic
of a railway company ;
See note to Section 86, Elliott v. L.C.C., page 76.
L.C.C. v. District Surveyors' Association and Willis (1909), 2 K.B.
138. Notice must be given to the District Surveyor in respect
of buildings even if they are exempt from Parts VI. and VII., pages
53-76. Galbraith Bros. v. Dicksee (1910), 102, L.T. 890. Fees
appear to be payable in respect of exempted buildings.
142 THE LONDON BUILDING ACT, 1894.
Sec. 201. Any building or part of a building belonging to a gas
company and used exclusively for gas works ;
Any building or part of a building belonging to the
Conservators of the river Thames and used by
them as a workshop or store ;
The foundations and walls of buildings belonging to a
railway company situate over any station or works
of a railway company, or immediately adjoining
any railway or works of a railway company, and
upon land acquired under the powers of an Act of
Parliament ;
Any building within the station premises of any rail-
way company inhabited or, adapted to be inhabited
in whole or in part by any official or servant of the
railway company.
Provided always that nothing in this sub-section shall
exempt any other buildings used for the purpose
of human habitation so far as they are so used.
See Sections 30, 32, and 38 of L.B. Acts (Amendment) Act, 1905,
pages 38 and 40.
9. Any building or structure, or part of a building or
structure belonging to a dock company constituted
by Act of Parliament, and situate within the dock
premises :
10. Buildings not exceeding in area thirty square feet,
and not exceeding in height five feet in any part,
measured from the level of the ground to the
underside of the eaves or roof plate, and distant
at least five feet from any other building and from
any street, and not having therein any stove, flue,
fire-place, hot-air pipe, hot-water pipe, or other
apparatus for warming or ventilating the same,
provided that no portion of the building extends
beyond the general line of buildings in any street :
11. All the buildings and structures (not exceeding in
height thirty feet, as measured from the footings
of the wall, and not exceeding in extent one hundred
and twenty-five thousand cubic feet, and not being
public buildings) wholly in one occupation, and
distant at the least eight feet from the nearest
street or way, and at the least thirty feet from the
EXEMPTED PRIVATE BUILDINGS
Section ZO1. (11 &1Z)
Cfre und of adjoin t'na o rrne r
Plate 11
T
i
:|
V
r
I
\
«
i
* +
Not containing
, f
4
!j
cubic /*«£
5
<s
%
«!
STREET OR ALLEY
ef *fyininq
V
J
i
^
ft
i
v^
*
«^
r
.r
I
•i
f
;_ 3\J* O - J
canla.i7i.incs more
than 125,000 cubit
feet
Jw^,
i
%
i
<5
ih
^
STREET OR ALLEY
NOTE. Tkest
or OS-ficet *ce*tf -in.
with.
fauats,
Art u^ed, w> connection,
d,* film f ffusfz
EXEMPTED BUILDINGS. 143
nearest buildings and from the land of any adjoin- Sec. 201«
ing owner. A detached dwelling-house shall not
be excluded from this exemption solely by reason
of its being within thirty feet of another detached
building constructed as stables or offices to be used
in connection with such dwelling-house :
12. All buildings not exceeding in extent two hundred
and fifty thousand cubic feet, and not being public
buildings, and distant at the least thirty feet from
the nearest street or way, and at the least sixty feet
from the nearest buildings, and from the land of an
adjoining owner. A detached dwelling-house shall
not be excluded from this exemption, solely by
reason of its being within sixty feet of another
detached building constructed as stables or offices
to be used in connection with such dwelling-house :
13. All party fence walls not exceeding in height seven
feet, measured from the top of the footings of the
walls :
14. Greenhouses, if not attached to other buildings :
15. Greenhouses, if attached to other buildings, so far
as regards the necessary woodwork of the sashes,
doors, and frames ;
16. Cases of metal and glass used solely for holding
plants, fastened to the woodwork of the sill and
lower sash of a window, provided that no portion
project over the public way, or more than twelve
inches beyond the external face of the wall of the
building :
17. Openings made into walls or flues, for the purpose
of inserting therein ventilating valves of a super-
ficial extent not greater than forty square inches, if
such valves are not nearer than twelve inches to
any timber or other combustible material.
If any addition be made to any building or structure
specified in Sub-sections 10, 11, or 12, whereby any increase
is caused in the area, height or extent of any such building
or structure beyond the area, height, or extent mentioned
in the sub-section in which any such building or structure
is specified, the Council may give notice to the owner or
occupier of such building or structure either to remove
such addition or to make the building so increased in height
144 THE LONDON BUILDING ACT, 1894.
Sec 201- or extent conform with all or any of the provisions of this
Act and with any by-laws under this Act relating to the
construction of buildings, and upon his failing to do so
within fourteen days from the service upon him of such
notice, the Council may remove such addition to the build-
ing or structure, and may recover the expenses of such
removal from the owner or occupier so making default in
a summary manner.
Buildings constructed a quarter of a mile away from the main
buildings of the Crystal Palace are not exempted under their special
Act. Crystal Palace Co. v. L C.C., Builder, Feb. 10th, 1900.
Exemption 202 — There shall be exempted from so much of the pro-
ment bund- visions of this Act as relates to buildings and structures —
mgs. Every building, structure, or work vested in, and in
the occupation of Her Majesty, Her heirs, and suc-
cessors, either beneficially or as part of the heredit-
ary revenues of the Crown, or in trust for the public
service or for public services ; also
Any building, structure, or work vested in and in the
occupation of any department of Her Majesty's
Government, or of the Metropolitan Police, or of
the trustees of the British Museum, for public pur-
poses or for the public service ; also
Any building, structure, or work vested in and occu-
pied for the service of the Duke of Cornwall for the
time being.
Buildings in respect of which H.M. Commissioners of Works have
an option for a lease when completed are not exempt even when
the buildings are constructed under supervision of their surveyor.
Drury v. Richard (1899), 63 J.P. 374.
A building used as a drill hall for volunteers is not exempt from
the provisions of the Act. Vestries of Westminster v. Hoskins
(1899), 63 J.P. 725.
See London Building Acts (Amendment) Act, 1905, Section 42,
pages 205 and 206.
AS to build- 203 — Where a local authority or a company has statutory
suppiyo?16 powers for the supply of electricity in any metropolitan
electricity, district, the buildings of such local authority or company
used as a generating station, or for works, shall be deemed
to be special buildings, to which the general provisions of
Parts V., VI., and VII., and the First and Second Schedules
of this Act do not apply, and plans thereof shall be sub-
EXEMPTED BUILDINGS. 145
mitted to the Council for their approval, and the Council Sec. 203.
shall have power to authorize the buildings to be erected
of greater dimensions than two hundred and fifty thousand
cubic feet, and in other respects to exempt such buildings
from any of the provisions of this Act if they think fit.
See L.C.C. (General Powers) Act, 1908, Part III. Sections 15 to 22,
pages 220 and 224.
These buildings will, however, be subject to Part IX., referring to
dangerous structures, pages 92-98.
See Regulations and Rules (K), page 440.
204— The lands, buildings, and property of — iand?Pting
1. The Honourable Society of the Inner Temple ; buildings,
2. The Honourable Society of the Middle Temple ; perty o°f"
3. The Honourable Society of Lincoln's Inn; court*
4. The Honourable Society of Gray's Inn ;
herein called "the Inns of Court," shall be exempt from
the operation of this Act. Provided that in respect of any
building, structure, or land which abuts upon any public
street, public place, or public way, the Inns of Court shall
be subject to the provisions of Part III. of this Act (Lines
of Building Frontage).
205 — In addition to any exemption referring to gas com- Saying
panics contained in this Act, nothing in this Act contained ri^htsof
shall in any way take away, alter, prejudice, or affect any *" ?°m-
/ill .T -i»»if» T PftUlOB.
of the powers, rights, and privileges conferred upon a gas
company by any Act of Parliament, and as existing im-
mediately before the passing of this Act.
For exemptions, see Section 17, Sub-section 4, of the L.C.C. (General
Powers) Act, 1908, page 221,and Sec. 201 (8), page 142.
206 — Any building, structure, or work in any respect Diction of
exempt from the operation of this Act, or in any manner ex
privileged in respect of any provision of this Act, shall
remain so exempt or privileged so long only as it is used
for the purpose, or retains the character by reason whereof
it is so exempt or privileged.
See Section 148, Sub-section 2, for district surveyor's power to visit,
page 114.
207— It shall not be lawful (unless with the consent
the Council) to make any alteration of any building in such altered 8*0
10
146 THE LONDON BUILDING ACT, 1894.
Sec. 207. manner that when so altered, it will by reason of such
as not to alteration not be in conformity with the provisions of this
conform to Act applicable to new buildings.
when re- 208 — Unless in any case the Council otherwise allow,
5«tydwa5! where a party wall or external wall not in conformity with
taken0 be ' ^s Act nas been taken down, burnt, or destroyed to the
down. extent of one-half thereof (measured in superficial feet),
every remaining portion of the old wall not in conformity
with this Act shall either be made to conform therewith or
be taken down before the rebuilding thereof.
A building being burnt and pulled down to more than half its
cubical extent, but the party wall to less than half its height, the
district surveyor ordered it to be rebuilt in accordance with this Act.
Held that he had no jurisdiction to do so. Crow v. Redhouse (1895),
59 J.P. 663, C.A. .
Additions 209 — Every addition to or alteration of a building, and
alterations any other work made or done for any purpose in, to, or
in b8uild" upon a building (except that of necessary repair not affect-
ing the construction of any external or party wall) shall,
so far as regards such addition or alteration or other work,
be subject to the provisions of this Act and of by-laws
thereunder relating to new buildings.
Appiica- 210 — A building, structure, or work erected or con-
to°biSicu °* structed before the commencement of this Act, to which no
ings before obiection could have been taken under any law then in
commence- . J , „ , , . ,, . . „ , , . \ .
mentof force, shall (subject to the provisions ot this Act as to new
Act- buildings or the alteration of buildings) be deemed to be
erected or constructed in compliance with the provisions of
this Act.
Rules as to 211 — Unless in any case the Council otherwise allow, no
conversion ^p-ann cVmll
of build- person snau —
(1) convert into or use as a dwelling-house any building
or part of a building not originally constructed for
human habitation ;
(2) convert into one dwelling-house two or more dwell-
ing-houses constructed originally as separate
dwelling-houses ;
(3) convert into or use as two or more dwelling-houses
CONVERSION OF BUILDINGS. 147
any building constructed originally as one dwell- Sec. 211.
ing-house ;
(4) convert a building which when originally erected was
legally exempt from the operation of any building
enactments or by-laws in force within London into
a building which, had it been originally erected
in its converted form, would have been within the
operation of these enactments or by-laws ;
(5) re-convert into or use as a dwelling-house any build-
ing which has been discontinued as or appropri-
ated for any purpose other than a dwelling-house ;
(6) convert into or use as a dwelling-room or part of a
dwelling-room, any room or part of a room used
as a shop ; or
(7) convert a dwelling-house or any part of a dwelling-
house into a shop ;
in such manner that the building or part of a building so
converted as aforesaid, when converted will not be in con-
formity with the provisions of this Act relating to the class
of buildings to which the building when so converted will
belong.
Penalty for infringing this section, see Section 200, Sub-section 12,
page 140.
212 — Notwithstanding anything contained in this Act, Buiidingg
a building, structure, or work which has been commenced mprogresB>
before, and is in progress at the commencement of this Act,
or which is to be carried out under any contract entered
into before the passing of this Act, may be completed
subject to and in accordance with the provisions of the
Acts relating thereto as in force immediately previous to
the passing of this Act.
The defendant entered into a building agreement before this Act
came into force, to erect and complete a certain number of houses on
a building estate. It was held that this section applied. Tanner v.
Oldham (1896), 1 Q.B. 60 ; 73 L.T. 404.
213 — Nothing in this Act shall take away or interfere saving
with the powers of the local authorities with respect to Jj£Jf"uof
the paving of new streets under the Metropolis Management thorites.
Acts.
Repeal.
* Repeal of
214— Section 50 of the Metropolitan Eailway (Additional *$j$&™
Powers) Act, 1866, is hereby repealed. poiitan
J Railway
Act, 1866.
148
THE LONDON BUILDING ACT, 1894.
Bepeaiof 215 — 1. The Acts mentioned in the Fourth Schedule to
ments in ^is Act are hereby repealed to the extent specified in the
schedule, third column of that schedule (see pages 164 and 165).
2. This appeal shall not affect —
(a) The past operation of any enactment hereby
repealed, or anything duly done or suffered
under any enactment hereby repealed ; or
(b) Any right, privilege, obligation, or liability
acquired, accrued, or incurred under or in
accordance with any enactment hereby re-
pealed; or
(c) Any penalty, forfeiture, or punishment incurred
in respect of any offence committed against
any enactment hereby repealed ; or
(d) Any power, investigation, legal proceeding, or
remedy in respect of any such right, privilege,
obligation, liability, penalty, forfeiture, or
punishment as aforesaid, and any such power,
investigation, legal proceeding, and remedy
may be exercised and carried on as if this Act
had not passed ; or
(e) 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 immedi-
ately before the passing of this Act.
By-laws,
Acts to
force.m m
216 — All by-laws, regulations, orders, consents, con-
ditions, an<^ notices duly made, given, imposed, or issued
under any Act hereby repealed shall, so far as applicable
for the purposes of this Act, be of the same validity and
effect as if they had been made, given, imposed, or issued
under this Act. And all such by-laws and regulations
shall remain in force until the same shall be revoked,
altered, or varied by by-laws duly made under the pro-
visions of this Act.
saving for 217 — Officers appointed under any enactment hereby
existing repealed shall continue in office in like manner as if this
Act had not been passed.
218— Where in any Act or document, any Act or any
THE FIEST SCHEDULE. 149
provisions of any Act are mentioned or referred to which Sec. 218.
are repealed by this Act, such Act or document shall with References
any necessary modifications, and so far only as the circum- J^^ments
stances of the case admit, be read as if this Act or the to repealed
corresponding provisions of this Act were therein mentioned ^ad as re-
or referred to instead of such repealed provisions*
SCHEDULES.
THE FIEST SCHEDULE.1
PRELIMINABY.
Parts I. and II. of this Schedule apply to walls built of
bricks not of less than eight and a half inches long, or of
stone or other blocks of hard and incombustible substance,
the beds or courses being horizontal.
1. Every building, unless otherwise sanctioned in
cordance with this Act, shall be enclosed with walls con-
structed of brick, stone, or other hard and incombustible
substances, and the footings shall rest on the solid ground
or upon concrete, or upon other solid substructure. Pro-
vided that open sheds, not exceeding sixteen feet in height
and not exceeding four squares in area, may be constructed
of any substances and in any manner approved by the
district surveyor.
2. Every wall constructed of brick, stone, or other similar Construc-
substances shall be properly bonded and solidly put to- waSsof
gether with mortar or cement, and no part of such wall brick, &^
shall overhang any part underneath it except to the extent
of six inches, and provided that the projection be well and
solidly corbelled out, and that the side of the wall opposite
to the corbelling be carried up vertically in continuation
of the inner face thereof. And all return walls shall be
properly bonded together.
3. The thickness of every wall not being built of bricks Extra
or stone, or other hard and incombustible substances laid
in horizontal beds or courses, shall be one-third greater wails.
1 See Plates 12 to 23.
150
THE LONDON BUILDING ACT, 1894.
Thickness
of walls
built of
materials
other than
such brickei
&c., as
aforesaid.
Hollow
walls.
Height of
storey.
than the thickness prescribed in Parts I. and II. of this
Schedule.
4. The thickness of any wall of a dwelling-house, if
built of materials other than those before specified, shall
be deemed to be sufficient if made of the thickness required
by Parts I. and II. of this Schedule, or of such thickness
as may be approved by the Council.
5. When hollow walls are constructed there shall be a
wall on one side of the hollow space of the full thickness
prescribed by this Act.
6. The heights of storeys shall be measured as follows : —
(a) The height of a topmost storey shall be measured
from the level of the underside of its floor joists
up to the level of the under surface of the tie
of the roof or other covering, or if there is no tie
then up to the level of half the vertical height
of the rafters or other support of the roof ;
(b) The height of every storey other than a topmost
storey shall be measured from the level of the
underside of the floor joists of the storey up to
the level of the underside of the floor joists of the
storey next above it.
7. For the purpose of determining the thickness of a
wall the height of such wall shall be measured from the
base of the wall to the top of the topmost storey, whether
such wall is carried to the full height or not, or in case
of a gable where there are no storeys in the roof, to half
the height of the gable.
A topmost storey may mean rooms enclosed on three sides by
vertical walls, and in the front by a sloping roof. Foot v. Hodgson
(1890), 25 Q.B.D. 160.
As to height of a building, see Section 5 (21), page 15.
8. Walls are deemed to be divided into distinct lengths
by return walls, and the length of every wall is measured
from the centre of one return wall to the centre of another,
provided that such return walls are external party or cross-
walls of the thickness required under this Schedule, and
bonded into the walls so deemed to be divided.
Footings of 9. Unless with the consent of the Council every wall
walls< other than a wall carried on a bressummer shall have
footings : —
Height of
external
and party
walls.
Length of
walls.
THE FIRST SCHEDULE. 151
The projection of the bottom of the footing of every
wall on each side of the wall shall be at least equal
to one-half of the thickness of the wall at its base,
unless an adjoining wall interferes, in which case
the projection may be omitted where that wall
adjoins, and the diminution of the footing of every
wall shall be formed in regular offsets, and the
height from the bottom of such footing to the base
of the wall shall be at the least equal to two-thirds
of the thickness of the wall at its base.
Footings may be on one side of a wall only in certain cases, see
Section 87 (6), page 77.
10. The underpinning of walls and chimneys shall
built with brick or stone bedded in cement to the full
thickness of the old wall or work, and with proper foot-
ings, or to an additional thickness if the increased height
of the wall so requires, and shall rest on the solid ground
or on concrete, or on other solid substructure as a founda-
tion, and the whole shall be executed to the satisfaction of
the district surveyor.
11. A wall shall not be thickened except after
served on the district surveyor of the intention to thicken,
and the thickening shall be executed with brick or stone
work in cement, properly bonded to the old work to the
satisfaction of the district surveyor.
PAET I.
BUILDINGS NOT PUBLIC AND NOT OF THE WAREHOUSE
CLASS.
[See Section 5, Sub-sections 25 and 26, for definition of dwelling-
houses and domestic buildings, page 16.]
[See First Schedule, Part II., pages 155-158, for thickness of
walls for buildings of the warehouse class. The walls of public
buildings must, by Section 78, be constructed to the approval of the
district surveyor.]
See the L.C.C. (General Powers) Act, 1909, Section 22, with re-
spect to buildings of iron and steel skeleton construction, pages 228-
240.
External and party walls shall be of not less thickness
than the thickness hereinafter specified in each case, viz. ;—
152 THE LONDON BUILDING ACT, 1894.
1. When the wall does not exceed twenty-five feet in
height its thickness shall be as follows : —
If the wall does not exceed thirty feet in length and
does not comprise more than two storeys it shall
be eight and a half inches thick for its whole height ;
If the wall exceeds thirty feet in length or comprises
more than two storeys it shall be thirteen inches
thick below the topmost storey, and eight and a
half inches thick for the rest of its height.
2. Where the wall exceeds twenty-five feet but does not
exceed forty feet in height its thickness shall be as
follows : —
If the wall does not exceed thirty-five feet in length
it shall be thirteen inches thick below the topmost
storey, and eight and a half inches thick for the
rest of its height ;
If the wall exceeds thirty-five feet in length it shall
be seventeen and a half inches thick for the height
of one storey, then thirteen inches thick for the rest
of its height below the topmost storey, and eight
and a half inches thick for the rest of its height.
3. When the wall exceeds forty feet but does not exceed
fifty feet in height its thickness shall be as follows : —
If the wall does not exceed thirty feet in length it
shall be seventeen and a half inches thick for the
height of one storey, then thirteen inches thick for
the rest of its height below the topmost storey, and
eight and a half inches thick for the rest of its
height ;
If the wall exceeds thirty feet but does not exceed
' forty-five feet in length it shall be seventeen and
a half inches thick for the height of two storeys,
then thirteen inches thick for the rest of its height ;
If the wall exceeds forty-five feet in length it shall be
twenty-one inches and a half thick for the height of
one storey, then seventeen and a half inches thick
for the height of the next storey, and then thirteen
inches thick for the rest of its height.
4. Where the wall exceeds fifty feet but does not exceed
sixty feet in height, its thickness shall be as follows : —
If the wall does not exceed forty-five feet in length it
shall be seventeen and a half inches thick for the
Plate 12
BUILDINGS NOT PUBLIC & NOT OF THE
WAREHOUSE CLASS.
Party & External \valls have the same thickness
~Up to 26 feeb high
Base of
77
JLengttvuqjtoSO.O J&ovedO'.O'or
comprising more than, 2 stories.
J" J. Akennau, Jlhoto-lith. London. .
Plate 13.
BUILDINGS NOT PUBLIC & NOT OF THE
WAREHOUSE CLASS .
Party &, External walls
the same thickness.
4C to 50 feet Jviglv
For Rules see Page
Plate 14
BUILDINGS NOT PUBLIC & NOT OF THE
WAREHOUSE CLASS.
Party & External \valLs
the same thickness.
6O to 1C feck higlv
50 to GO feet high.
V3
<N>
Base
35" 43
Length up to 45'. C Above 45. '0
Above 45 '.0 '
Plate 15
BUILDINGS NOT PUBLIC & NOT OF THE
WAREHOUSE CLASS .
Party & S asternal ^vauLLs k&ve the s curie thickness.
Can,onfy be, buM above 80. 0
TiigTviaulerc&law&mdj^^
sebferthirv See™ 47.
HO te 80 feet JdgJv. SOtpSO feet
j
\
"~5 fc-
^
CO
I
c^.J
r
m
-Jl ^
Hi
r^" «
-^ *.
|
~l
'^j ^S
i
1 1
*5
^ 1-
L_
22
ftr §
1 "
t &>
li.y
?
26
1 \
T
r'l*&«*
30K
?L5£
w
Lengfavpto 45.0. Above 4-5'.0". Lengthy to 45. 0'.Abovc45'.0'.
For Rules seePage
THE FIBST SCHEDULE. 153
height of two storeys, and thirteen inches thick for
the rest of its height ;
If the wall exceeds forty-five feet in length it shall be
twenty-one inches and a half thick for the height
of one storey, then seventeen and a half inches thick
for the height of the next two storeys, and then
thirteen inches thick for the rest of its height.
5. Where the wall exceeds sixty feet but does not exceed
seventy feet in height its thickness shall be as follows : —
If the wall does not exceed forty-five feet in length
it shall be twenty-one inches and a half thick for
the height of one storey, then seventeen and a half
inches thick for the height of the next two storeys,
and then thirteen inches thick for the rest of its
height ;
If the wall exceeds forty-five feet in length it shall be
increased in thickness in each of the storeys below
the uppermost two storeys by four inches and a half
(subject to the provision in this Schedule respecting
distribution in piers).
6. Where the wall exceeds seventy feet but does not
exceed eighty feet in height its thickness shall be as
follows : —
If the wall does not exceed forty-five feet in length it
shall be twenty-one inches and a half thick for the
height of one storey, then seventeen and a half
inches thick for the height of the next three storeys,
and thirteen inches thick for the rest of its height ;
If the wall exceeds forty-five feet in length it shall
be increased in thickness in each of the storeys
below the uppermost two storeys by four inches
and a half (subject to the provision in this Schedule
respecting distribution in piers).
7. Where the wall exceeds eighty feet but does not exceed
ninety feet in height its thickness shall be as follows : —
If the wall does not exceed forty-five feet in length
it shall be twenty-six inches thick for the height
of one storey, then twenty-one inches and a half
thick for the height of the next storey, then seven-
teen and a half inches thick for the height of the
next three storeys, and then thirteen inches thick
for the rest of its height ;
154 THE LONDON BUILDING ACT, 1894.
If the wall exceeds forty-five feet in length it shall
be increased in thickness in each of the storeys
below the uppermost two storeys by four inches and
a half (subject to the provision in this Schedule
respecting distribution in piers).
8. Where the wall exceeds ninety feet but does not ex-
ceed one hundred feet in height its thickness shall be as
follows : —
If the wall does not exceed forty-five feet in length it
shall be twenty-six inches thick for the height of
one storey, then twenty-one inches and a half thick
for the height of the next two storeys, then seven-
teen and a half inches thick for the height of the
next three storeys, and then thirteen inches thick
for the rest of its height ;
If the wall exceeds forty-five feet in length it shall be
increased in thickness in each of the storeys below
the uppermost two storeys by four inches and a
half (subject to the provision in this Schedule
respecting distribution in piers).
9. Where the wall exceeds one hundred feet but does
not exceed one hundred and twenty feet in height its
thickness shall be as follows : —
If the wall does not exceed forty-five feet in length it
shall be thirty inches thick for the height of one
storey, then twenty-six inches thick for the height
of the next two storeys, then twenty-one inches and
a half thick for the height of the next two storeys,
then seventeen and a half inches thick for the
height of the next three storeys, and then thirteen
inches thick for the rest of its height ;
If the wall exceeds forty-five feet in length it shall be
increased in thickness in each of the storeys below
the uppermost two storeys by four inches and a
half (subject to the provision in this Schedule
respecting distribution in piers).
condition 10. If any storey exceeds in height sixteen times the
J3 sto?eys fcnickness prescribed under this Schedule for the walls of
exC8eedfng such storey, the thickness of each external and party wall
height! throughout such storey shall be increased to one-sixteenth
part of the height of the storey, and the thickness of each
external and party wall below that storey shall be increased
BUILDINGS NOT PUBLIC & NOT OF THE
WAREHOUSE CLASS.
Plate 16
Party SJEzternal watts
same thickness
WO to 1W feet,
lengtfvup to 45'. 0' Above 45. 0' Lcngtbup to 46. 0 Abcvt 45. 0"
Fcrjfajl&s see Page t-54.
Plate 18
WAREHOUSE WALLS.
& External watts luwe the same thickness.
SZ'
Length up to 30'. 0' 30 to 45' C" Above 46.'0"
Forlfales seePage 7
THE FIKST SCHEDULE. 155
to a like extent, but any such additional thickness may be
confined to piers properly distributed, of which the col-
lective widths amount to one-fourth part of the length of
the wall.
11. No storey enclosed with walls less than thirteen Restriction
inches in thickness shall be more than ten feet in height },erfain °f
between the floor and the ceiling thereof or between the storeys.
floor and the tie of the roof.
12. All buildings excepting public buildings, and such Rule as to
buildings as are in this Act defined to be buildings of the not be?ng
warehouse class, shall, as respects the thickness of their {JJ^fngg
walls, be subject to the provisions contained in this Part of or buiid-
this Schedule. SShoSj
class.
PART II.
BUILDINGS OF THE WAREHOUSE CLASS.
[See Section 5, Sub-section 28, for definition of buildings of the
warehouse class, pages 16 and 17.]
[See the L.C.C. (General Powers) Act, 1909, Section 22, with respect
to buildings of iron and steel construction, pages 228-240.]
The external and party walls of buildings of the ware- Thickness
house class shall at the base be made of not less thickness at base>
than the thickness hereinafter specified in each case, viz. : —
1. Where the wall does not exceed twenty-five feet in
height (whatever is its length) it shall be thirteen inches
thick at its base.
2. Where the wall exceeds twenty-five feet but does not
exceed thirty feet in height it shall be at its base of the
thickness following : —
If the wall does not exceed forty-five feet in length it
shall be thirteen inches thick at its base ;
If the wall exceeds forty-five feet in length it shall
be seventeen and a half inches thick at its base ;
3. Where the wall exceeds thirty feet but does not
exceed forty feet in height it shall be at its base of the
thickness following : —
If the wall does not exceed thirty-five feet in length it
shall be thirteen inches thick at its base ;
If the wall exceeds thirty-five feet but does not
exceed forty feet in length it shall be seventeen and
a half inches thick at its base ;
156 THE LONDON BUILDING ACT, 1894.
If the wall exceeds forty-five feet in length it shall be
twenty-one inches and a half thick at its base.
4. Where the wall exceeds forty feet but does not ex-
ceed fifty feet in height it shall be at its base of the thick
ness following : —
If the wall does not exceed thirty feet in length it
shall be seventeen and a half inches thick at its base ;
If the wall exceeds thirty feet but does not exceed
forty-five feet in length it shall be twenty-one
inches and a half thick at its base ;
If the wall exceeds forty-five feet in length it shall
be twenty-six inches thick at its base.
5. Where the wall exceeds fifty feet but does not exceed
sixty feet in height it shall be at its base of the thickness
following : —
If the wall does not exceed forty-five feet in length
it shall be twenty-one inches and a half thick at
its base ;
If the wall exceeds forty-five feet in length it shall
be twenty-six inches thick at its base.
6. Where the wall exceeds sixty feet but does not
exceed seventy feet in height it shall be at its base of the
thickness following : —
If the wall does not exceed forty-five feet in length
it shall be twenty-one inches and a half thick at
its base ;
If the wall exceeds forty-five feet in length it shall
be increased in thickness from the base up to within
sixteen feet from the top of the wall by four inches
and a half (subject to the provision in this Schedule
respecting distribution in piers).
7. Where the wall exceeds seventy feet but does not
exceed eighty feet in height it shall be at its base of the
thickness following : —
If the wall does not exceed forty-five feet in length
it shall be twenty-one inches and a half thick at
its base ;
If the wall exceeds forty-five feet in length it shall be
increased in thickness from the base up to within
sixteen feet from the top of the wall by four inches
and a half (subject to the provisions in this Schedule
respecting distribution in piers).
Hate 19
WAREHOUSE WALLS.
ftrrfv 8c £x.temdl walls have $if same thickness
50to
6C to 70 feet high.
~
43" 52" 43 52
Lerta&i vp to 46'. C" Above 45. '0 " Xenqihiq} to Abo
*
For Rules seePage 155.
Plate 20
WAREHOUSE WALLS.
Partv & External watts have tke same thickness .
80 to 30 feet TdgJv .
1C to
43" H -52' 52" Si"
length up w 45 '.€* Move 45' C" Length itp to 45' 0* Above 45'. C"
For Rules seePage, J5G
" 157 .
WAREHOUSE WALLS.
Plate 21
Party & External walls
have the sams thickness
setfortfiuiSec^ 47 .
to 120-feet
26
ckness
A
bove 80.0
in conditions
'S
17 .
\~h&
c
7^-
ei
fc1-
*
" •• "X —
i
— *~
^
1
-*-
I
{
^?
r^~
3*
8
i
30k
. ^
j/'
^
N /
length
Abeve45'0" Length,ucpto45'C'' Abovrtf'O*
far Rules seePage 757.
Plate 22
SECTION OF CROSS WALL.
BUILDINGS NOT PUBLIC & NOT OF THE WAREHOUSE CLASS.
-77% -
< .77%' >
-27%" -
TJWJ& portion; of Section
thjLekries# T^equired/ for ou
Cross waLL50to6Ofctbluglv
& exceeding 45 feet irv Verigttv.
thickness ofccrvJxcternaJi
orPecrty wcdL of same, faeLgkb
and Lengths.
N OTE.
AIL 6ro$6 'vwJLs required/to "b
two thirds the thuchvcss
Partywoll. 7^Schedule
For Rules secPagc 15
THE FIRST SCHEDULE. 15?
8. Where the wall exceeds eighty feet but does not
exceed ninety feet in height it shall be at its base of the
thickness following : —
If the wall does not exceed forty-five feet in length it
shall be twenty-six inches thick at its base ;
If the wall exceeds forty-five feet in length it shall
be increased in thickness from the base up to within
sixteen feet from the top of the wall by four inches
and a half (subject to the provision in this Schedule
respecting distribution in piers).
9. Where the wall exceeds ninety feet but does not
exceed one hundred feet in height it shall be at its base
of the thickness following : —
If the wall does not exceed forty-five feet in length
it shall be twenty-six inches thick at its base ;
If the wall exceeds forty-five feet in length it shall be
increased in thickness from the base up to within
sixteen feet from the top of the wall by four inches
and a half (subject to the provision in this Schedule
respecting distribution in piers).
10. Where the wall exceeds one hundred feet but does
not exceed one hundred and twenty feet in height it shall
be at its base of the thickness following : —
If the wall does not exceed forty-five feet in length
it shall be thirty-one inches thick at its base ;
If the wall exceeds forty-five feet in length it shall be
increased in thickness from the base up to within
sixteen feet from the top of the wall by four inches
and a half (subject to the provision in this Schedule
respecting distribution in piers).
11. The thickness of the wall at the top and for sixteen
feet below the top shall be thirteen inches and a half, and
the intermediate parts of the wall between the base and
sixteen feet below the top shall not be of less thickness
than would be the case if the wall were to be built solid
throughout the space between straight lines drawn on each
side of the wall and joining the thickness at the base to
the thickness at sixteen feet below the top :
Nevertheless, in walls not exceeding thirty feet in height,
the walls of the topmost storey may be nine inches thick
provided the height of that storey does not exceed ten
feet.
158
THE LONDON BUILDING ACT, 1894.
Condition
o° sToreys
exceeding
Thickness
'
aforesaid
Cross-
wails.
12. If in any storey of a building of the warehouse class
^e Sickness of the wall, as determined by the provisions
of this Schedule, is less than one-fourteenth part of the
height of such storey, the thickness of the wall shall be
increased to one-fourteenth part of the height of the storey,
and the thickness of each external and party wall below
that storey shall be increased to a like extent, but any such
additional thickness may be confined to piers properly
distributed, of which the collective widths amount to one-
fourth part of the length of the wall.
13. The thickness of any wall of a building of the ware-
house class, if built of materials other than those before
specified, shall be deemed to be sufficient if made of the
thickness required by the provisions of this Schedule or of
sucn other thickness as may be approved by the Council.
MISCELLANEOUS.
1. The thickness of a cross-wall shall be two-thirds of
faQ thickness hereinbefore required for an external or party
wall of the same dimensions and belonging to the same
class of buildings, but never less than eight and a half
inches, and no wall sub-dividing any building shall be
deemed to be a cross-wall unless it is carried up to the
floor of the topmost storey, and unless in each storey the
aggregate extent of the vertical faces or elevations of all
the recesses and that of all the openings therein taken
together does not exceed one-half of the whole extent of
the vertical face or elevation of the wall.
2. Wherever a cross-wall becomes in any part an ex-
ternal wall such cross-wall shall be of the thickness required
for an external wall of the same height and length and
belonging to the same class of buildings.
3. Where an increase of thickness is by any rule of
Part I. or Part II. of this Schedule required in case of a
wall exceeding sixty feet in height and forty-five feet in
length, or in case of a storey exceeding in height sixteen
times or fourteen times (as the case may be) the thickness
prescribed for its walls, or in case of a wall below such
storey, the increased thickness may be confined to piers
properly distributed, of which the collective widths amount
to one-fourth part of the length of the wall.
Plate 17
WAREHOUSE WALLS.
Part* & £jzterndl walls have the same thickness
Up to 25 feet high,. 25to3Ofeet,high,.
<M Walls V
%r
. Img&vvp tc 45. 0" Above 45. 0*.
3C to 40
Base of ^
Walls
Lert#th,ui>t035.'a 35' te 45'.O' Above 45'.0"
Jbbr Rules seepage 15(
Plate 23
SECTION OF CROSS WALL.
WAREHOUSE CLASS.
n%
-- 27% --
The Timer pcrtunv 'of. ^Sections
thickness T^egiurcd/ for cu
Cross wcJlSOto GOfcebhiglv
& exceeding 45 feet* uv length,.
tfcuchvess
or Party waJL ofsanw fueigJW
N OTE.
AH 6ro#$ -watts requzredsto be
two thirds tfoe thLcktvess
Partywall. ^Schedule,
Miscellaneous Sec
For JRuJLcs sccPage 158.
THE THIRD SCHEDULE. 159
THE SECOND SCHEDULE.
[The Second Schedule, referring to fire-resisting materials,
has been repealed by the London Building Acts (Amend-
ment) Act, 1905, and Schedule 1 of that Act substituted,
see pages 207-209.]
THE THIED SCHEDULE.
FEES PAYABLE TO DISTRICT SURVEYORS.
PART I.
On New Buildings
For any building not exceeding thirty square £ s. d.
feet in area and not exceeding ten feet in
height 0 10 0
For every building not exceeding four hundred
square feet in area and not more than two
storeys in height - 1 10 0
For every additional storey - - 0 5 0
For every additional square or fraction of a
square - 0 2 6
For every building not exceeding four hundred
square feet in area and of one storey only in
height - - 0 15 0
On Additions, Alterations, or other Works.
For every addition or alteration or other work
to which the provisions of this Act apply,
made or done to or on any building after the
roof thereof has been covered in —
One-half of the fee charged in the case of
a new building, calculated upon the area
of the whole building.
For inspecting the arches or fire-resisting floors
over or under public ways - - 0 10 0
For inspecting the formation of openings in
party walls (for each opening) - - 0 10 0
For inspecting the closing of openings in party
walls (for each opening) - - 0 10 0
160 THE LONDON BUILDING ACT, 1894.
Provided that in the case of public buildings, buildings
constructed of concrete and buildings divided into separate
sets of chambers or tenements by party structures, the fees
hereinbefore specified in this part of this Schedule shall in
every case be increased by one-half.
See L.C.C. (General Powers) Act, 1909, Section 26, as to increased
fee to District Surveyor in certain cases, pages 243 and 244.
On Chimneys and Flues.
On the construction of a furnace chimney-shaft £ s. d.
or similar shaft for ventilation or other pur-
poses, in addition to the fee for any other
operation in progress at the same time, if
not exceeding seventy-five feet in height - 2 0 0
If exceeding seventy-five and not exceeding
one hundred feet in height - - 2 10 0
For every additional ten feet or portion of
ten feet in height - - 0 10 0
On the carrying of a flue from an oven, stove,
steam boiler, furnace, or close-fire into an old
flue - - - 0 10 0
On certifying that a chimney breast in a party
wall may be cut away - 0 10 0
On Certifying Plans.
For examining and certifying plans of an old
building - - 2 2 0
On Wooden and Temporary Structures.
On inspection of any wooden structure or on
inspection of any structure or erection put
up on any public occasion the same amount
as for a new building, calculated on the area
of the structure or erection without reference
to the area of any building to which it may
be attached or in or on which it may be put
up.
See notes at end of Section 84, Sub-section 1, page 75.
THE THIRD SCHEDULE. 161
11
Attending at Court.
For attending at a court when an order is made £> s. d.
for complying with notice of irregularity - 0 10 0
PABT II.
On Dangerous Structures.
On each dangerous structure —
Where there are not more than four adjoining or nearly
contiguous stiuctures in the same ownership —
1. For making a survey of the structure
reported as dangerous and certifying
opinion thereon —
If the structure do not exceed four
squares in area and two storeys in
height - - 0 7 6
If exceeding four squares - - 0 10 0
For every additional storey above two 026
2. For each inspection of the structure and
report as to completion or progress of the
works - - 0 5 0
3. For inspecting the structure before the
hearing of the summons and attending
the court to give evidence —
If one structure only - - 0 10 0
If more than one structure (for each
structure) - - 0 5 0
4. For inspecting the structure before the
hearing of the summons against the
occupier (the owner hiving failed to
comply) and attending the court to give
evidence —
If one structure only - - 0 10 0
If more than one structure (for each
structure) ... - 0 5 0
11
162 THE LONDON BUILDING ACT, 1894.
£ S. d.
5. For every adjournment of the summons - 0 5 0
6. For superintending the erection of shoring
(including needling when requisite) and
hoarding, whether done by the Council or
not, and for certifying the account for
the same when done by the Council - 0 10 0
7. For shoring without hoarding or hoarding
without shoring, and certifying the ac-
count - - 0 7 6
8. For supervision, including the report of the
officer in cases where it is necessary for
the Council to execute works to ensure
the safety of the public, under an order
made by a court - - 0 5 0
When there are more than four adjoining or nearly
contiguous structures in the same ownership —
For Nos. 2, 3, and 4 in the above table - 0 4 0
For No. 5 - 0 2 6
And for No. 8 - - 0 4 0
See Section 155 for special fees for other services, page 118.
PABT III.
Fees Payable for Special Services.
The fees payable by a builder to the district sur-
veyor for special services shall be the following : —
For superintending the construction of floors
and partition walls to stables under Section 70
of this Act, per building - - 0 5 0
For superintending the construction of over-
hanging oriel windows, per building - - 0 5 0
For superintending the fixing of any oven, copper,
steam boiler, or stove to be used for trade pur-
pose and not heated by gas - - 0 10 0
For superintending the fixing of pipes for con-
veying heated air or hot water or steam at
high pressure (for each floor of a building on
which pipes are fixed) - - 0 10 0
For services relating to the erection of buildings
on low-lying lands, per building - - - 0 5 0
THE THIRD SCHEDULE. 163
PABT IV.
FEES PAYABLE TO COUNCIL.
On Dangerous Structures.
For general services —
1. For preparation of notices, forms for same, £ s. d.
and postage - - 0 3 6
2. For service of notices (clerk's time) - - 0 2 6
3. For travelling per mile (one way) - - 0 0 3
4. For obtaining summonses and orders
(clerk's time) - - 0 2 6
5. For cost of each summons or order - - 0 3 0
Where there are two or more adjoining or nearly
contiguous structures in the same ownership —
For Nos. 2 and 4 (above) each - 0 2 0
The fees payable upon ten structures shall be
the maximum fees.
On Dilapidated and Neglected Buildings or Structures.
1. For each inspection of the building or struc-
ture and report - - - 0 5 0
2. For obtaining summons and order (clerk's time) 026
3. For cost of each summons or order - - 0 2 0
4. For attendance at a court to give evidence - 0 5 0
5. For every adjournment - 0 2 6
6. For supervision of works, including report of
officer in cases where the magistrate's order
is executed by the Council - 0 5 0
7. For travelling per mile (one way) - - 0 0 3
8. The cost of procuring local evidence to satisfy
the magistrate that the condition of the
structure is prejudicial to the property or to
the inhabitants of the neighbourhood is to
be considered separately in each case.
Where there are two or more adjoining or nearly
contiguous structures in the same ownership —
For Nos. 1, 4, or 6 (above) each - - - 0 3 0
For Nos. 2 or 5 (above) each - - 0 2 0
164
THE LONDON BUILDING ACT, 1894.
The fees payable upon ten structures shall be £ s. d.
the maximum fees.
For travelling per mile (one way) - - 0 0 3
REGULATIONS.
1. The fees specified in this Schedule in respect of works
to a party wall comprise the fees payable in respect of both
sides of the wall.
2. No fee shall be charged in respect of the fixing of a
chimney pot.
3. No fee shall be charged in respect of the repairing of
a chimney top unless the top has been pulled down to a
greater extent than twelve inches.
4. No fee shall be charged in respect of the repairing of
a parapet unless the parapet shall have been pulled down
to a greater extent than twelve inches.
5. In calculating the area of every new building for the
purposes of this Schedule, the area of all outbuildings not
exceeding thirty feet in area, whether attached or not,
shall be included, provided such outbuildings be erected at
the same time as the main building.
THE FOURTH SCHEDULE.
Session and
Chap er.
Title or Short Title.
Extent of Repeal.
7 & 8 Viet.,
o. 84.
18 & 19 Viet.,
c. 120.
18 & 19 Viet.,
c. 122.
23 & 24 Viet.,
c. 52.
24 & 25 Viet.,
c. 87.
The Metropolitan Build-
ing Act, 1844.
The Metropolis Manage-
ment Act, 1855.
The Metropolitan Build-
ing Act, 1855.
The Metropolitan Build-
ing Act (Amendment),
1860.
The Metropolitan Build-
ing Amendment Act,
1861.
So much as is unrepealed.
Section 142, and in Section
202 the words " the plans,
level, width, surface, in-
clination, and," and the
words " and the plans and
level of sites for building."
The whole Act.
The whole Act.
The whole Act.
THE FOURTH SCHEDULE.
165
Session and
Chapter.
Title or Short Title.
Extent of Repeal.
25 & 26 Viet.,
c. 102.
32 & 38 Viet.,
c. 82.
34 & 35 Viet.,
c. 39.
41 & 42 Viet ,
c. 32.
45 & 46 Viet.,
c. 14.
53 & 54 Viet.,
c. ccxliii.
54 & 55 Viet.,
c. Ixxviii.
56 & 57 Viet.,
c. ccxxi.
The Metropolis Manage-
ment Amendment Act,
1862.
The Metropolitan Build-
ing Act, 1869.
The Metropolitan Build-
ing Act, 1871.
The Metropolis Manage-
ment and Building Acts
Amendment Act, 1878.
The Metropolis Manage-
ment and Building
Acts (Amendment) Act,
1882.
The London Council
(General Powers) Act,
1890.
The London Sky Signs
Act, 1891.
The London County
Council (General
Powers) Act, 1893.
Sections 74, 75, 76, 85, 87,
98, and 99.
The whole Act.
The whole Act.
Sections 4, 6, 7, 8, 9, 10, 14,
15, 16, 17, 18, 19, 20, 21,
from " and the district
surveyor" to " such house,
building, erection, or
work," and the words " or
surveyor," Section 22, so
far as it relates to any
notice or order served or
made under any provision
repealed fey this Act,
Section 23, from " and
every penalty imposed
by Part II." to "Acts
amending the same,"
Section 25, in Section 26
the words " or in any By-
law of the Board there-
under," and in Section 27
the words " or in any By-
law thereunder made."
The whole Act.
Sections 27-31, and Sec-
tions 33-37.
The whole Act.
Sections 5-9 and Section
17.
166
TRIBUNAL OF APPEAL
EEGULATIONS.
SECTION. PAQB
1. The lodging of appeals 167
2-5. Notices of appeal
6-7. Documents to be lodged with the tribunal
8. Extension of time and amendments - ....
9-12. Procedure for hearing appeals
13. Order of tribunal
14. Notice of order of tribunal
15. Evidence and production of documents ....
16-20. Attendance of witnesses
21-22. Taxation of costs
23-24. Case stated
25. Becords
26. Inspection of records
27. Office copies of records
28. Copies other than office copies
29. Fees payable to the tribunal
Schedule of authorities and persons to whom notice to be
given
THE LONDON BUILDING ACTS, 1894-1909.
THE TRIBUNAL OF APPEAL.
REGULATIONS made by the Tribunal of Appeal (in substitution
for the Regulations of the 21st February, 1895) as to the
procedure to be followed in cases of Appeal and as to the
fees to be paid.
The Lodging of Appeals.
Time and l. Notice of Appeal shall be addressed to the Clerk of the
Sdging* Tribunal and shall be lodged and the fee thereon paid to him at
Appeals, the Office of the Tribunal, No. 13 Great George Street, West-
TRIBUNAL OF APPEAL REGULATIONS. 167
minster, S.W., within the period (if any) prescribed by the Act
or Acts under which the Appeal is made, and where 'no period is
so prescribed, within one calendar month after Notice of the
act or matter the subject of an Appeal has been given to or
served on the Appellant.
NOTE. — All Notices to be given to the Tribunal as well as all docu-
ments to be lodged (other than plans or drawings) in pursuance
of these regulations must be on Foolscap paper and entitled in
the matter the subject of the Appeal and the Statute or Statutes
relating thereto. All notices prescribed by these regulations
must be in writing.
Notices of Appeal.
2. The Appellant shall, within the time limited for giving Notices to
Notice of Appeal, give notice of such Appeal to the Clerk ofk.C.C.
the London County Council, the District Surveyor or other surveyor
authority against whose Act the Appeal is made. or other
3. The Appellant shall also within the ime above limited inN^c°erj0y-
cases where the Appellant is not the original applicant give original
notice to such original applicant of such Appeal. Applicant.
4. The London County Council, the District Surveyor orL.C.C-to
other authority to whom such original application was made, supply
shall furnish to the Appellant on request a copy of such appli- Applicant
cation (other than plans accompanying or forming part of the and other
same) together with the name and address of the original appli- Ucrson8'
cant and of the names and addresses of all persons to whom
Notices under the original application were given.
5. In case of an Appeal under any of the Sections of the Notices to
London Building Act, 1894, in the Schedule to these Regula- ^^°^ie
tions mentioned, the Appellant (in addition to the notice to the sons^n "
London County Council and others under Regulations 2 and Schedule.
3 hereof) shall give notice of such Appeal within 7 days from
the date of his Notice of Appeal to the respective authorities
and persons mentioned opposite each Section in the Schedule
hereto under which the Appeal is made, and when giving the
Notice provided for by this Regulation shall supply the said
respective authorities and persons with a copy of Regulation 9.
Documents to be Lodged with the Tribunal.
6. The Appellant shall deposit with the Clerk of the Tribunal Copiesof
within 7 days of the date of Notice of Appeal copies of the ap^ica-
original application (if any) and of the decision, determination, tion with
certificate, refusal, consent, requirement, regulation, condition, fn^draw-
grant or other act or matter the subject of an Appeal with ings, etc.
copies in duplicate on tracing linen or sunprints or photographic
reproductions on stout paper of all necessary plans or drawings
relating thereto.
168
TRIBUNAL OF APPEAL REGULATIONS.
and names
and ad-
dresses of
various
persons.
Statement 7. The documents referred to in Regulation 6 shall be supple-
of facts mented by a short Statement of the facts which shall specify the
Act Section and Sub-section under which the Appeal is made,
and shall set out the grounds of the Appeal together with the
name and address of the original applicant (if any) as well as the
names and addresses of all persons to whom Notice of Appeal
is to be given under Regulation 2 hereof.
Extension of Time and Amendments.
Extension 8. The Tribunal may from time to time extend the time
amend6- and ^or compliance with the requirements of these Regulations
ments. (other than the time limited for lodging Appeals under Regula-
tion 1) and allow all necessary amendments including amend-
ments in the notices and documents prescribed by these
Regulations upon such terms as to the fees to be paid to the
Tribunal and as to costs and as to rights of parties not before
the Tribunal and as to adjournment of the proceedings or other-
wise as the Tribunal may order.
Procedure for Hearing Appeals.
9. After an Appeal has been lodged the earliest convenient
appointment shall be arranged for the hearing of the Appeal
and notice by letter of such appointment shall be communicated
to the parties to the Appeal and to the persons to whom Notice
of Appeal is to be given under Regulations 2 and 3 and to such
of the persons as are entitled to Notice of Appeal under Regu-
lation 5 as shall within 7 days of the receipt by them of Notice
of Appeal have requested in writing the Clerk of the Tribunal
to give them notice of the hearing.
10. The Tribunal may hear an appeal at, or adjourn to, such
place as they may from time to time deem most convenient and
may have any inspection or view which they may require for the
better disposal of the case. They may also from time to time
upon the application of any party to an Appeal grant adjourn-
ments upon such terms as to the fees to be paid to the Tribunal
and as to costs or otherwise as they may think proper.
11. The hearing of Appeals shall be open to the public.
12. Any person entitled to appear before the Tribunal may
appear either in person or by Counsel, Solicitor ^ or Agent, and
the procedure at the hearing shall, subject to such variations as
the Tribunal may think fit, be similar mutatis mutandis to that
adopted on the trial of actions before a Judge of the High Court.
E.g. Preliminary objections, if any, to be heard and disposed
of.
Appellant to state his case and call his witnesses.
Any other parties interested to be heard.
Respondent to state his case, call his witnesses, and sum
up.
Appellant to reply.
Time and
place for
hearing
Appeals
and
Notices of
Hearing.
Adjourn-
ments.
Hearing
open to
the public.
Appear-
ance in
person
or by
Counsel,
Solicitor,
or Agent.
TRIBUNAL OF APPEAL KEGULATIONS. 169
Order of Tribunal.
13. The decision of the Tribunal shall be embodied in an Order of
Order under the Seal of the Tribunal. uSier
Seal.
Notice of Order of Tribunal.
14. Notice of the Order of the Tribunal together with an Notice to
Office copy of the Order will be sent by Registered Letter to JJJJJJJ.*0
each of the parties to the Appeal, but in cases where a party is
represented by a Solicitor or Agent then the notice will be sent
in the above manner to the Solicitor or Agent.
Evidence and Production of Documents.
15. The parties to an Appeal and all persons claiming through Evidence
them respectively shall, subject to any legal objection submit to JJ^pJJ.
be examined on oath or affirmation in relation to the matters auction
the subject of the Appeal, and shall, subject as aforesaid disclose of Docu-
and produce before the Tribunal all books, deeds, papers,111
accounts, writings, plans, and documents within their possession
or power respectively which may be required or called for, and
do all other things which during the proceedings on or in con-
nection with the Appeal the Tribunal may require
Attendance of Witnesses.
16. Any party to an Appeal may by subpoena ad testificandum Atten-
or duces tecum require the attendance of any Witness at the Tyrtn^seB
hearing of an Appeal. Such subpoena shall issue upon the fiat under
of a Master of the Supreme Court (King's Bench Division). Subpoena.
Applications may be made ex parte. They shall be in writing
headed in the matter and shall be accompanied by a Certificate
signed by the Clerk of the Tribunal showing that : —
(i) The Applicant is a party to the Appeal,
(ii) The hearing fee for such Appeal has been paid or a
date has been fixed for the hearing.
Provided that no subpoena shall issue for the attendance of
the Superintending Architect of Metropolitan Buildings and
when the London County Council is a party to the Appeal no
subpoena shall issue for the attendance of any member of the
Council without the certificate first obtained of the President of
the Tribunal.
17. Witnesses summoned to attend before the Tribunal shall %$*£}* of
be bound to attend in pursuance of the Summons, and shall be<jance.
liable to process of contempt in like manner as witnesses are
liable thereto in case of disobedience to any Order of the
Supreme Court, or in case of default in attendance, in pursuance
of any Order of the Court or of any writ of subpoena ad testifi-
candum ; and all persons swearing or affirming before the Tri-
bunal shall be liable to all such penalties, punishments and
170 TRIBUNAL OF APPEAL REGULATIONS.
consequences for any wilful and corrupt false swearing or affirm-
ing contained therein, as if the matters sworn or affirmed had
been sworn and affirmed before any other persons by law
authorised to administer oaths, to take affidavits, and to receive
affirmations.
18. If any person duly summoned by subpoena to attend at
the hearing of an Appeal shall refuse to attend or if having
attended he shall refuse to be sworn or to answer any lawful
question a certificate of such refusal by the President of the
Tribunal shall be transmitted by the Clerk of the Tribunal to
the Central Office of the Supreme Court and there filed and
thereupon the party requiring the attendance of the Witness
may apply to a Judge of the Supreme Court ex parte or on
notice for an order directing the Witness to attend, or to be
sworn, or to answer any question, as the case may be.
19. If any Witness shall object to any question which may be
put to him at the hearing of an Appeal, the question so put and
the objection of the Witness thereto shall be taken down by the
Clerk of the Tribunal and transmitted by him to the Central
Office of the Supreme Court to be there filed and the validity of
the objection shall be decided by a Judge of the Supreme
Court.
20. In any case under the two last preceding rules a Judge of
the Supreme Court shall have power to order the Witness to
pay any costs occasioned by his refusal or objection.
Taxation of Costs.
Taxation 21. One of the Taxing Masters of the Supreme Court will
of Costs. Up0n the request of the Tribunal signed by the President tax
the Costs of and incidental to Appeals before the Tribunal
where Costs are ordered by the Tribunal to be paid by any of
the parties to such Appeals and such costs have not been fixed
by the Tribunal.
Deposit of 22. The Certificate of the Taxing Master shall be deposited
Taxation j^y the person entitled thereto with the Clerk of the Tribunal
' who will endorse and sign the original and the Office Copy of
the Order of the Tribunal with the amount of the taxed costs so
certified and the Office Copy of the Order so endorsed and signed
shall be sufficient proof in any Court of Law of the amount due
for costs payable on the said Order of the Tribunal.
Case Stated.
23. Application by any party to an Appeal to the Tribunal to
state a case for t*16 °Pinion of the High Court on any question
of law involved in any Appeal submitted to them shall be by
notice addressed to the Clerk of the Tribunal at the Office of
the Tribunal. A copy of such notice shall be sent by the party
requesting a case to the other party or parties to the Appeal.
TRIBUNAL OF APPEAL REGULATIONS. 171
24. In case of any change in the constitution of the Tribunal
whether by death, retirement, or otherwise, after the order of tf
the Tribunal is made in any Appeal and before a case is stated, Tribunal
the remaining members of the Tribunal by whom the case was g^ted
heard shall state the case.
Records.
25. The original Order of the Tribunal and all documents Documents
lodged in connection with any Appeal and any other documents ^pjjj£jj
retained by the Tribunal shall remain deposited in the Office of as records.
the Tribunal as records.
Inspection of Records.
26. The documents mentioned in Regulation 25 shall be open Records
to inspection by any person on payment of the fee provided
by these Regulations at the Office of the Tribunal between the
hours of 11 and 3 (Saturdays 11 to 1).
Office Copies of Records.
27. Office copies under the Seal of the Tribunal of Orders and Office
other documents of record shall be admissible in evidence for co
all purposes of the Statutes and these Regulations made there-
under to the same extent as the originals would be admissible.
Any documents purporting to be a copy and appearing to be
sealed with the seal of the Tribunal shall in the absence of
evidence to the contrary be deemed to be an Office copy of the
document of which it purports to be a copy and shall be admis-
sible in evidence without further proof.
Office copies of such Orders and other documents may, sub-
ject to the approval of the Tribunal, be supplied to persons
other than parties to an Appeal upon payment of the fees
provided for by these Regulations.
Copies other than Office Copies.
28. Copies other than Office copies of Orders and other Copies
documents of record shall be supplied to any person on payment other than
of the fee or fees provided for by these Regulations.
Fees Payable to the Tribunal.
29. The fees to be paid to the Tribunal by Appellants and Fees pay-
others are as follows : — able-
£ s. d.
Lodging Appeal ...... 200
View ........ 200
* Hearing, not exceeding 5 hours - - - 5 0 0
Certificate of the Clerk under any of these
regulations ...... 050
17ia TRIBUNAL OF APPEAL REGULATIONS.
-050
Transmission to the Central Office of the
Supreme Court under Regulations 18
&19
Certificate of the President of the Tribunal
under Regulations 16 & 18 -
Order -
Stating Special Case
Inspection of an Order -
Inspection of File of Proceedings -
Copy of Regulations of the Tribunal -
Office Copies 6d. per folio. Plans, etc.,
according to work involved.
Copies other than Office Copies 4d. per folio.
Plans, etc., according to work involved.
* In addition to the above Hearing fee an additional fee of One Pound
per hour shall be paid by the Appellant for each hour or part of
an hour occupied in the Hearing over and above the first 5 hours.
All fees shall be payable in Cash in advance, and in any case
in which an Appellant may have paid an amount in excess of
the fees due, the party so paying shall be entitled to the return
of any amount so paid in excess, by the Comptroller of the
London County Council, upon the Certificate in writing of the
President of the Tribunal endorsed upon a form provided for
that purpose.
SCHEDULE (see Regulation 5).
Section of
London
Building
Act, 1894.
Subject of Appeal.
Authorities and Persons
to whom Notice to
be given.
6(8)
The Superintending Architect's deter-
The Superintending Archi-
mination as to the level of the
tect.
ground.
The District Surveyor.
13(3)
The Council's determination that the
The Local Authority.
prescribed distance shall be greater
than 20 feet from the centre of the
roadway.
18 (4)
The Council's consent as to the erec-
The Local Authority.
tion, etc., of any building, etc., at
The Owners and Occupiers
a distance less than the prescribed
of the nearest building on
distance from the centre of the
each side of the proposed
roadway.
building.
19
The refusal or conditional grant of the
Council's sanction to the laying
The Local Authority.
out of streets, etc., under Part II.
of this Act or any condition im-
posed by the Council.
TRIBUNAL OF APPEAL REGULATIONS.
1716
Section of
London
Building
Act, 1894.
Subject of Appeal.
Authorities and Persons
to whom Notice to
be given.
19
The refusal by a District Surveyor of
his Certificate to plans of a build-
The District Surveyor.
The Local Authority.
ing or structure to be altered or re-
erected under Section 13.
26
The Certificate of the Superintending
The Superintending Archi-
Architect as to the general line of
tect.
buildings.
The Local Authority and
all other persons entitled
under Section 24.to notice
of the Superintending
Architect's Certificate.
29
The Certificate of the Superintending
The Superintending Archi-
Architect determining in what
tect.
street or streets a building or
The Local Authority and
structure is situate.
all other persons entitled
under Section 24 to notice
of the Superintending
Architect's Certificate.
43 (i)
The decision of the Council or a Dis-
The London County Council
& (Hi)
trict Surveyor under this Section.
or District Surveyor as
the case may be.
44
The Council's determination in cases
The Local Authority,
where a person desires to re-
arrange a cleared area.
46
The Superintending Architect's Certi-
ficate determining the front and
The Superintending Archi-
tect.
rear of a building.
48 (26)
The Council's refusal to allow a build-
The Owner or Lessee of any
& (4)
ing to be erected to a greater
building or land within
height than the prescribed height.
100 yards of the building
to which] the refusal re-
lates. The notice in this
ease to be given in such.
manner as* the Council
may direct.
78
The District Surveyor's requirements
The District Surveyor.
respecting the construction of pub-
lic buildings.
79
The District Surveyor's requirements
The District Surveyor.
respecting the conversion of any
building in this Section mentioned
into a public building.
122
The Council's refusal to permit, or
The Council* ;i Engineer,
any regulation of the Council, or
The Local Authority,
decision of their Engineer, or re-
quirement or condition made by
him, as to the erection or the
adaption for use of a building as a
dwelling-house on low-lying land.
172
The preceding Regulations are made by the Tribunal of Appeal in
accordance with the London Building Act, 1894, Section 184.
IN WITNESS whereof the Seal of the Tribunal is
hereunto affixed in accordance with the Resolution of
the Tribunal of the 23rd day of April, 1914.
A. A. HUDSON,
President of the Tribunal.
CHAS. H. LOVE,
Clerk of the Tribunal.
Approved :
HALDANE, C.
THE TEIBUNAL OF APPEAL.
Scale of fees to be paid to district surveyors, and made
under the London Building Act, 1894, Section 156, page
118.
The following fees shall (unless the Tribunal shall in
any case direct otherwise) be paid by the London County
Council to a district surveyor for any work done by such
district surveyor in relation to the preparation of evidence,
and giving the same before the Tribunal of Appeal.
Higher Scale. Lower Scale.
£ 8. D. £ 8. D.
For each day's attendance before
the Tribunal, to include all work
in relation to the preparation of
evidence and giving the same -220 110
The Higher Scale shall apply to all cases relating to lines
of frontage, laying out of streets, open spaces about build-
ings, height of buildings, conversion of buildings into
public buildings and low-lying lands. The Lower Scale
shall apply to all other cases.
Signed on behalf of the Tribunal of Appeal in accordance
with a resolution of the Tribunal of December 13,
1895.
ARTHUR GATES,
Chairman of the Tribunal.
173
SECTION B.
THE LONDON BUILDING ACT, 1894
(AMENDMENT) ACT, 1898.
PREAMBLE.
SECTION PAOE
1. Short title 174
2. London Building Act, 1894, and this Act to be read and
construed as one 174, 175
3. Notice to set back buildings .... 175,. 176
4. Height of working-class dwellings in certain streets - 176
5. Service of summons and orders 176, 177
6, 7. Amendment of Section 200, sub. (3) (e), of Act of 1894 177, 178
8. Stock Exchange buildings, a public building - - 178
9. Saving for gas companies 178
10. Costs of Act 178
174
SECTION B.
THE LONDON BUILDING ACT, 1894
(AMENDMENT) ACT, 1898.
61 & 62 VICT., c. 137.
An Act to amend the London Building Act, 1894.
[For arrangement of Sections, see Table of Contents, page 173.]
[25th July 1898.]
57 & 58 Viet., WHBBBAS it is expedient to amend the provisions contained
c. coxiii. in the London Building Act 1894 with respect to the
erection or extension of buildings or structures and the
formation or extension of forecourts or other spaces in
front of buildings or structures within the prescribed
distance from the centre of the roadway of the street in
which such buildings or structures are situated the height
of working-class dwellings erected on the side of certain
streets the service of notices summonses and orders in
relation to dangerous or neglected structures and the
procedure in relation to certain offences under the said
Act:
And whereas the objects aforesaid cannot be attained
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 :
Short title. 1 — This Act may be cited as the London Building Act
1894 (Amendment) Act 1898.
2 — The London Building Act 1894 (in this Act referred
to as "the principal Act") as amended by this Act and
(AMENDMENT) ACT, 1898. 175
this Act shall be read and construed together as one Act Sec. 2.
and words and expressions used in this Act shall unless Act of 1894
the context otherwise requires bear the meanings assigned Act to be
to them in the principal Act and any references in
principal Act to any part or provisions of the principal
Act shall be construed as referring to such part or pro-
visions as amended by this Act.
3 — (1) In every case where any new building or new Notice to
structure or any part thereof is erected or any building or
structure or any part thereof is extended in such manner &c.
that any external wall of such building or structure or (if
there be a forecourt or other space between such external
wall and the roadway) any part of any external fence or
boundary of such forecourt or space shall be at a distance
in any direction from the centre of the roadway of any
street or way (being a highway) less than the distance
permitted under Part II. of the principal Act or contrary
to the conditions and terms (if any) subject to which the
Council or the tribunal of appeal has sanctioned the
erection or extension of such building or structure the
Council may serve a notice upon the owner or occupier
of the said building structure fence or boundary or upon
the builder requiring him to cause such building structure
fence or boundary 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 at a distance in every direction
from the centre of the roadway of such street or way not
less than the distance permitted under Part II. of the
principal Act and shall be in accordance with such con-
ditions and terms (if any) as the Council or tribunal of
appeal may have prescribed :
(2) Any notice served under the provisions of this section
shall be deemed to be a notice empowered to be served
under Part II. of the principal Act within the meaning of
the second subsection of the two hundredth section of the
principal Act which subsection shall be read and construed
and take effect as though the words " fence or boundary "
had been originally inserted therein immediately after the
word " structure ".
(3) The fourteenth section of the principal Act is hereby
176
THE LONDON BUILDING ACT, 1894.
Sec. 3.
Height of
working-
class
dwellings
in certain
streets.
repealed and from and after the passing of this Act the
principal Act shall be read and have effect as if this
section had been inserted therein instead of the said
fourteenth section.
(4) 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.
See London Building Act, 1894, Section 14, page 29.
It was held in the case of Rea v. L.C.C. that the Council have no
power to give notice requiring the owner of land between a building
newly erected to set back the enclosing wall forming the space
between the new erection and the street so as not to be less than the
prescribed distance. Rea v. L.C.C., L.R. (1911) 1 K.B. 740.
4 — The proviso of subsection 5 of section 13 of the prin-
cipal Act commencing with the words " Provided always
that no dwelling-house " is hereby so far as the said pro-
viso relates to dwelling-houses inhabited or adapted to be
inhabited by persons of the working-class and situate out-
side the city amended so that it shall hereafter be read and
have effect as if the words " a distance of twenty feet from
the centre of the roadway " were substituted for the words
" the prescribed distance " wherever the words " the pre-
scribed distance " occur in the said proviso.
See notes at end of Section 13, Sub-section 5, L.B. Act, 1894, as
the cases there mentioned are thus overruled by this section, page 28.
service of 5 — Section 188 of the principal Act shall not apply to
8U"imo,nses any notice summons or order to be served upon the owner
and orders » n 1,1,1
relating to or occupier ot a dangerous or neglected structure,
or negr-°U8 S^ny such notice summons or order may be served on the
structures owner or occupier °f tne dangerous or neglected structure
by delivering a copy thereof to some person on the pre-
mises to which such notice summons or order relates or
if no person be found on the premises then by fixing the
same or a copy thereof on some conspicuous part of the
premises to which it relates and in the case of a railway
company by delivering a copy thereof to the secretary at
the principal office of the company and in any such notice
summons or order it shall be sufficient to describe the
owner or occupier as " the owner " or " the occupier " and
the same may be addressed to the owner or occupier by
(AMENDMENT) ACT, 1898. 177
the description of " the owner " or " the occupier " of the Sec. 5.
premises (naming the premises) to which the same relates
without further name or description ;
Provided always that when the owner of any dangerous
or neglected structure and his residence are known to the
Council it shall be the duty of the Council to send a copy
of every such notice summons or order by registered post
addressed to the usual or last known residence of such
owner.
In this section the expression " structure " shall have
the meaning assigned to it in Part IX, of the principal
Act. In cases where a dangerous structure is situate with-
in the City this section shall be read as if the Corporation
were named therein instead of the Council.
See London Building Act, 1894, Section 102, page 92.
6 — Subsection (3) (e) of the two hundreth section of the Amend-
principal Act shall hereafter be read and construed and Action 200,
take effect as though the word " retains " had been inserted
therein immediately after the word " erects " and the 1894.
words "approval or" had been inserted therein immedi-
ately before the word " license " wherever such word occurs
therein.
7 — Every person who does any of the things specified Amend-
in paragraphs (a) (d) and (e) of subsection (3) of section ScSon
200 of the principal Act as amended by this Act shall be JJ A*£tc J
liable on conviction to a penalty not exceeding forty shil- i894.c
lings for every such offence and the court before whom an
information is laid by the Council in respect thereof may
in addition to imposing such penalty make an order in
writing directing such person to demolish the building or
structure complained of or any part thereof or to comply
with the conditions contained in any consent license or
approval granted by the Council for the setting up erection
adaptation alteration or retention of such building or struc-
ture and such order of the court shall be deemed to be the
order of the court within the meaning and for the purposes
of the third subsection of the two hundreth section of the
principal Act and the imposition of any penalty under the
provisions of this present section shall be without prejudice
12
178 LONDON BUILDING ACT, 1894 (AMENDMENT), 1898.
Sec. 7« to any proceedings under the third subsection of the two
hundredth section of the principal Act for the daily penalty
therein mentioned or under any other provisions of the
principal Act or otherwise but so that no person shall be
liable to more than one penalty (other than daily penalties )
for the same offence.
AS to the 8 — The buildings and premises of the Stock Exchange
Exchange within the City of London shall for the purposes of this
buildings, and the principal Act be deemed to be a public building
within the meaning of such Acts.
See London Building Act, 1894, Section 78, page 71.
Saving for 9 — Nothing in this Act contained shall in any way
ta^e away alter prejudice or affect any of the powers rights
or privileges conferred upon a gas company by any Act of
Parliament and as existing immediately before the passing
of the principal Act.
Costs of
Act.
10 — The costs charges and expenses preliminary to and
of and incidental to the preparing applying for obtaining
and passing of this Act shall be raised and paid by the
Council as part of their general expenses.
179
SECTION C.
LONDON BUILDING ACTS
(AMENDMENT) ACT, 1905.
PREAMBLE.
SECTION PAGE
1. Short title ... - - - 182
2. Acts of 1894 and 1898 and this Act may be cited together 182
3. Commencement of Act 182
4. Extent of Act 182
5. Definition of fire-resisting materials .... 182
6. Interpretation 182-184
7. Protection against fire in certain buildings - - 184-187
8. As to occupation of certain buildings during rebuilding - 187
9. Protection against fire in certain existing buildings 187-189
10. Projecting shops 189
11. Rules for living rooms over premises used for storage of
inflammable liquid 190
12. Means of access to roofs 190-192
13. Conversion of buildings - - - - - . - - 192
14. Means of escape to be maintained 192
15. Power to owner to enter notwithstanding provisions of
lease 192, 193
16. Duties of District Surveyors under Act - 193
17. District Surveyors to notify Council in certain cases 193, 194
18. Fees to District Surveyors 194
19. Exemption of owner from penalty on conviction of actual
offender 194, 195
20. Apportionment of expenses borne by owners - - 195, 196
180 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
PAGE
21. Arbitration as to incidence of damage .... 196
22. As to appeals under Act 197
23. Power of entry to Council and their Officers and District
Surveyors 198, 199
24. Offences against Act 199-201
25. Repeal of scheduled enactment 201
26. Certain provisions of Act not to apply to factories, work-
shops, or common lodging-houses .... 201
27. Incorporating certain provisions of Act of 1894 - 201, 202
28. For protection of Inns of Court ... J - 202
29. Exempting certain property of dock companies - 202, 203
30. ,, ,, „ railway companies - 203
31. „ „ ,, electric lighting com-
panies - 203
32. Exempting generating station of Underground Electric
Railways Company of London, Limited - - - 203
33. Exempting certain property of Gas Companies - - 203
34. As to banks and insurance offices - - - 203
35. As to Stock Exchange buildings - 204
36. Exempting buildings of public wharfingers - - - 204
37. Exempting Royal Albert Hall - 204
38. For protecting Metropolitan, District, Baker Street and
Waterloo, Great Northern, Piccadilly and Brompton,
and Charing Cross, Euston, and Hampstead Railway
Companies - 204
39. Exempting certain buildings 205
40. Bonded warehouses to be exempt . - - - 205
41. Saving rights of Crown - ... 205
42. „ „ Duchy of Cornwall - 205, 206
The First Schedule - - 207-209
The Second Schedule. Parts I. and II. - 209, 210
The Third Schedule 210
181
LONDON BUILDING ACTS
(AMENDMENT) ACT, 1905.
5 EDW. 7, CAP. 209.
[For arrangement of Sections see Table of Contents, pp. 179 and 180.]
An Act to amend the Acts relating to buildings in London
to confer various powers on the London County Council
and for other purposes.
[llth August 1905.]
WHEREAS the provisions contained in the London Building A.D. 1005.
Act 1894 (hereinafter referred to as "the Act of 1894 ")
as amended by the London Building Act 1894 (Amend-
ment) Act 1898 (hereinafter referred to as "the Act
of 1898 ") and the powers thereunder of the London
County Council (in this Act referred to as " the Council ")
are insufficient to secure the provision and maintenance
of proper means of escape in case of fire from buildings
in the administrative county of London :
And whereas it is expedient to amend the said provisions
in the manner hereinafter set forth and to confer upon
the Council such further powers with respect to the
matters aforesaid and otherwise as are hereinafter
contained :
And whereas the objects aforesaid cannot be effected with-
out the authority of Parliament :
May it therefore please Your Majesty that it may be
enacted and be it enacted by the King'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) : —
182 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Short title. 1 — This Act may be cited as the London Building Acts
(Amendment) Act 1905.
andsi8981894 2— The Act of 1894 and the Act of 1898 and this Act
and this Act may be cited together as the London Building Acts 1894
to 1905.
together.
Com- 3 — This Act shall except where otherwise expressly
Sent of provided come into operation on and shall take effect from
Act- the first day of January next after the passing thereof
which date is in this Act referred to as " the commence-
ment of this Act."
Extent of 4 — This Act shall extend to London and no further.
Act.
Definition 5 — In the Act of 1894 the Act of 1898 and this Act
8i8tingre unless the context otherwise requires the expression '« fire-
material. resisting material " means any of the materials and things
described or referred to in the First Schedule to this Act.
tionrpreta" 6^—(l) In and for the purposes of this Act unless the
subject or context otherwise requires —
(i.) The expression "owner" (except as used in the
section of this Act the marginal note whereof is
"Fees to district surveyors ") means the person for
the time being receiving the rackrent of the
premises in connection with which the said expres-
sion is used whether on his own account or as
agent or trustee for any other person or who would
so receive the same if such premises were let at a
rackrent but where used in the said section the said
expression shall have the same meaning as is
assigned thereto by section 5 of the Act of 1894 :
See Public Health (London) Act, 1891, Section 141.
(ii.) The expression "rackrent" means rent which is
not less than two-thirds of the full annual value
of the premises out of which the rent arises and
the full annual value shall be taken to be the annual
rent which a tenant might reasonably be expected
taking one year with another to pay for the
premises if the tenant undertook to pay all usual
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 183
tenant's rates and taxes and tithe commutation Sec. 6.
rentcharge (if any) and if the landlord undertook
to bear the cost of the repairs and insurance and
the other expenses (if any) necessary to maintain
the premises in a state to command such rent :
(iii.) The expression " upper storey " means any storey
the level of the upper surface of the floor whereof
is at a greater height than fifty feet above the
level of the footway (if any) immediately in front
of the centre of the face of the building in which
such storey is situate or (where there is no such
footway) above the level of the ground before
excavation ;
See London Building Act, 1894, Section 5 (8), (21),, pages 13 and 15.
(iv.) The expression " high building " means any building
any storey whereof is an upper storey as herein-
before defined :
(v.) The expression " new building " means any build-
ing the actual erection of which above the footings
shall not have been bona fide and substantially
commenced at the date of the commencement of
this Act or which has been taken down burnt or
destroyed for more than one-half of its cubical
extent and re-erected or commenced to be re-
erected after such date or of which the cubical
extent has been increased after such date by an
amount equal to the cubical extent of the building
as existing before such increase and any existing
building which by reason of any alteration thereof
or addition thereto becomes a high building after
such date :
See Section 7 (3), page 186.
(vi.) The expression " existing building " means any
building not being a new building :
(vii.) The expression " certified building " means any
building in respect whereof the Council shall have
issued a certificate or which the tribunal of appeal
shall have determined to have been provided with
means of escape under the provisions of the section
184 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905
Sec. 6« of this Act of which the marginal note is " Pro-
tection against fire in certain new buildings " :
See Section 7, pages 184-187.
(viii.) The expression "the tribunal of appeal" means the
tribunal of appeal constituted by the Act of 1894 :
See London Building Act, 1894, Sections 175 to 186, pages 127-130.
(ix.) The expression " plans " means plans sections and
elevations.
(2) Words and expressions used in this Act shall unless
other meanings are assigned to them by this Act or the
context otherwise requires bear the meanings respectively
assigned to them by the Act of 1894 and any reference in
the Act of 1894 or in the Act of 1898 or in this Act to any
part or provisions of the Act of 1894 or to any schedule
or part of any schedule to the Act of 1894 shall be construed
as referring to such part or provisions or schedule or part
of a schedule as amended by the Act of 1898 and by this
Act respectively.
Protection 7 — (1) Every new building (except a dwelling-house
fn certain™ occupied as such by not more than one family) which is —
new build- (a) A high building ; or
(6) A building in which sleeping accommodation is
provided for more than twenty persons or which
isjoccupied or constructed or adapted to be occu-
pied by more than twenty persons or in which
more than twenty persons are employed or which
is'* constructed or adapted for the employment
therein of more than twenty persons ;
shall be'provided in accordance with plans approved by the
Council or (in the event of an appeal) the tribunal of appeal
with all such means of escape therefrom in case of fire as
can be reasonably required under the circumstances of the
case. The owner of the building shall before or at the
same time that the building notice under section 145
(Notices to be given to surveyor by builder) of the Act of
1894 in respect of such building is served on the district
surveyor deposit or cause to be deposited at the county
hall a notice stating the like matters and particulars as are
required by the last-mentioned section to be stated in a
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 185
building notice thereunder together with a copy (which Sec. 7.
may be a sun-print or photographic reproduction on paper)
of the plans prepared for such new building showing so far
as may be necessary for the purposes of this Act the means
of escape proposed to be provided in connection with such
building.
It shall be lawful for the Council at any time within
the period of one month or in the event of such period of
one month commencing or expiring on any day between the
first day of August and the fourteenth day of September
both inclusive then within the period of two months after
the deposit as aforesaid of such plans to refuse to approve
such plans or to approve the same subject to such condi-
tions (if any) as they may prescribe provided that the
Council shall within such period as aforesaid give notice
to the applicant of such refusal or conditional approval
stating fully all their reasons for such refusal or for the
imposition of such conditions as the case may be. Provided
that if within the period limited as aforesaid the Council
fail to give notice of their refusal to approve any such plans
or of the conditions subject to which they approve any
such plans they shall be deemed to have approved such
plans without conditions.
See Factory and Workshops Act, 1901, Section 14, Sub-section 1,
page 337.
See also Section 22, Sub-section 1 (a), page 197, as to appeals.
The plans are to be deposited before or at the same time as
building notice under Section 145 of London Building Act, 1894. It
was held that delay in depositing plans does not deprive the owner of
his right to have the plans considered by the Council. London
County Council v. Spink & Son [(1908) 2 K.B. 447], Builder,
August 3rd, 1907.
(2) No upper storey in any high building not being of
the class referred to in paragraph (b) of sub-section (1) of
this section and no part of any building of the class referred
to in the said paragraph shall be occupied or let for occupa-
tion until the Council shall have issued a certificate or (in
the event of an appeal) the tribunal of appeal shall have
determined that such building has been provided with
means of escape in accordance with plans approved as
aforesaid by the Council or the tribunal of appeal (as the
case may be) and that the conditions (if any) subject to
186 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 7. which such plans were so approved have been complied
with Provided that unless the Council shall with in four-
teen days after notice of completion of any such building
shall have been given to the Council by the owner notify to
the owner that such certificate is refused and the grounds
of such refusal such certificate shall be deemed to have been
duly issued.
For penalty, see Section 24, Sub-section 1 (a), page 199.
(3) If by reason of any structural alteration or addition
of a substantial character of or to any certified building
(being a building of the class referred to in paragraph (6)
of sub-section (1) of this section) the sleeping accommoda-
tion in such building is substantially increased and the risk
of fire in such building or the difficulty of escaping there-
from in case of fire is thereby substantially increased or if
the number of persons occupying or employed or dwelling
in the upper storeys of any certified building (being a high
building but not being a building of the class referred to in
the said paragraph) or in any part of any certified building
(being a building of the class referred to in the said para-
graph) is substantially increased and the risk of fire in the
upper storeys of such building (being a high building) or in
any part of such building (being a building of the class
referred to in the said paragraph) or the difficulty of
escaping from any such upper storey or part of a building
(as the case may be) in case of fire is thereby substantially
increased or if by reason of any change of circumstances in
or affecting any certified building the risk of fire in such
building is substantially increased or escape from such
building or any such upper storey as aforesaid (as the case
may be) in case of fire is rendered substantially more
difficult or if by reason of any material change in the mode
of user of any certified building the risk of fire in such
building is substantially increased or escape from such
building or from any such upper storey as aforesaid (as the
case may be) in case of fire is rendered substantially more
difficult then and in any of such events the certificate issued
by the Council or the determination of the tribunal of
appeal (as the case may be) in respect of such building shall
thenceforth be void and of none effect and such building
shall thenceforth cease to be a new building and be deemed
to be an existing building :
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 187
Provided that the notice to be served on the owner of Sec. 7.
such building by the Council under the provisions of the
section of this Act whereof the marginal note is " Protec-
tion against fire in certain existing buildings " shall if the
owner request the Council in writing so to do (giving
particulars of any proposed or completed alteration addition
or change of circumstances) be served within two months
after the receipt by them of such written request and that
if notwithstanding such written request no such notice is
so served within the period aforesaid such building or the
upper storeys of such building as the case may be shall be
deemed to be in the opinion of the Council provided with
proper and sufficient means of escape in case of fire.
(4) Nothing in this section contained shall authorise
the Council to require in the case of a building being a high
building and not being a building of the class referred to
in paragraph (b) of sub-section (1) of this section any means
of escape from any storey other than an upper storey.
8 — Nothing in sub-section (2) of the section of this Act AS to occu-
whereof the marginal note is "Protection against fire incertahi°f
certain new buildings " shall prevent the continuous occupa- buildings
-i i -i n- ,• i M T , during re-
tion during rebuilding 01 any portion of any building to building,
which the said sub-section applies and which has been
partially taken down burnt or destroyed.
9 — (1) From and after the first day of January one Protection
thousand nine hundred and seven in the case of any existing
building (except a dwelling-house occupied as such by
more than one family) which is —
(a) A high building ; or
(6) A building in which sleeping accommodation is
provided for more than twenty persons or which is
occupied by more than twenty persons or in which
more than twenty persons are employed ;
the Council if in their opinion such building is not pro-
vided with proper and sufficient means of escape therefrom
in case of fire may at any time serve on the owner of such
building a notice requiring him to provide such means of
escape as can be reasonably required under the circum-
stances of the case.
Any such notice shall specify in detail the requirements
188 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
of the Council and the owner of such building shall subject
to the provisions of this Act execute and do all such works
and things as may be necessary in order to comply with
any requirements made by the Council under this section
and (in the event of an appeal) confirmed or varied by the
tribunal of appeal as hereinafter provided within such
period as may be required by the Council or (in the event
of an appeal) the tribunal of appeal. Provided that if such
owner shall within twenty-one days after the service of such
notice have submitted to the Council alternative proposals
for the provision of means of escape in case of fire and the
Council shall have in writing accepted the same as satis-
factory it shall not be necessary for such owner to comply
with any of the requirements contained in the notice served
on him by the Council as aforesaid but he shall with all
practicable despatch after such acceptance as aforesaid
execute and do all such works and things as may be neces-
sary in order to provide the means of escape specified in
such alternative proposals.
(2) Where any owner of a building has been convicted
of an offence against this Act —
(a) By failing to comply with any requirement made
by the Council under this section and (in the
event of an appeal) confirmed or varied by the
tribunal of appeal within the period required by
the Council or the tribunal of appeal (as the case
may be) ; or
(b) By failing to execute and do with all practicable
despatch after such acceptance as aforesaid all such
works and things as may be necessary to provide
the means of escape specified in such alternative
proposals as aforesaid ;
a petty sessional court may notwithstanding the imposition
of any penalty make an order prohibiting the occupation of
such building (being a building of the class referred to in
paragraph (b) of sub-section (1) of this section) or any part
or parts of such building or the occupation of any upper
storey of such building (being a high building and not being
a building of the class referred to in the said paragraph).
The costs of any such proceedings and order shall be in the
discretion of the court.
Any order made under this sub-section may be at any
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 189
time amended or discharged by the order of a petty Sec. 9.
sessional court.
(3) The Council shall keep at the county hall a register
(which shall be open at all reasonable times to inspection)
of all orders made under this section.
(4) Nothing in this section contained shall authorise
the Council to require in the case of a building (being a
high building and not being a building of the class referred
to in paragraph (b) of sub-section (1} of this section) any
means of escape from any storey other'than an upper storey.
See Section 22, pages 197 and 198, for appeals under Act.
10 — (1) Where any part of a building which is used or Projecting
adapted to be used as a shop projects for a distance of seven shops'
feet or more beyond the main front of any building of which
it forms part and in which any persons are employed or
sleep the projecting portion of such shop shall be provided
by the owner with a roof constructed of fire-resisting
materials not less than five inches thick.
(2) It shall be lawful to construct or place in or upon
the roof of the portion of any shop so projecting beyond
the main front of the building as aforesaid lantern lights
or ventilating cowls Provided that no such lantern light
or ventilating cowl shall be constructed or placed so that
any part thereof will be at a less distance than six feet
from the main front of the building from which the shop
projects or within such distance as may be reasonable in
the circumstances of the case from any other external or
party wall. Provided also that the sides of such lantern
light or ventilating cowl (except the side facing away from
the main building) shall be carried up in fire-resisting
materials for two feet above the roof in or upon which it is
constructed or placed. Provided further that no part of
any such lantern light or ventilating cowl shall project
above the roof in or upon which the same is constructed
or placed to a greater extent then five feet.
(3) The provisions of this section shall extend and apply
as well to existing as to new buildings.
(4) The Council or (in the event of an appeal) the
tribunal of appeal may in any case where it is reasonable
so to do sanction subject to such conditions if any as the
Council or (in the event of an appeal) the tribunal of appeal
190 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 10* may impose in giving such sanction the exemption of any
building from all or any of the provisions of this section.
Section 12 also applies to this Section, pages 190 and 191.
Rules for 11 — (1) No person shall knowingly or wilfully use or
rooms over permit to be used either as a living room or as a workshop
p^mises or workroom any room constructed over or communicating
stoeragerof directly with any part of a building used for the storage of
ab?e liju'id Petr°leum as defined by section 3 of the Petroleum Act
' 1871 whether or not petroleum within the meaning of that
Act or bisulphide of carbon or ether or turpentine or
methylated spirit or any other inflammable liquid kept for
sale or trade purposes in such quantities or in such manner
as to be liable to cause fire or explosion unless there be
provided in connection with such room according to th'e
requirements and to the satisfaction of the Council —
(i.) Adequate safeguards to prevent the spread of fire
from the part of the building used for the storage
of any such inflammable liquid to such room ; and
(ii.) Means of ready escape from such room In case of
fire.
(2) Nothing in this section contained shall effect or pre-
judice any jurisdiction vested in the corporation of the
city of London under the Petroleum Act 1871.
PETBOLBUM ACT, 1871, 34 & 35 VICT., CHAP. 105.
Sec. 3 — For the purposes of this Act, " petroleum " includes any
rock oil, Rangoon oil, Burmah oil, oil made from petroleum, coal
schist, shale, peat, or other bituminous substance, any products of
petroleum or any of the above-mentioned oils, and the term
'•petroleum," to which this Act applies, "means such of the
petroleum so denned as when tested in the manner set forth in
Schedule 1 of this Act, gives off inflammable vapour at a tempera-
ture of less than 100 degress of Fahrenheit's thermometer."
Means of 12 — (1) (A) Every existing building to which the section
Jooff to of this Act whereof the marginal note is " Projecting shops ' '
applies and every other existing building except a dwelling-
house occupied as such by not more than two families ; and
(B) Every new building ;
shall if having more than two storeys above the ground
storey or if exceeding thirty feet in height be provided
(unless and except so far as the Council otherwise allow)
by the owner with either —
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 191
(a) A dormer window or a door opening in a suitable Sec. 12.
position approved by the district surveyor on to
the roof with proper access thereto ; or
(b) A trap door in a suitable position approved by the
district surveyor covered with copper or zinc and
hung on hinges so as to admit of the same open-
ing to the fullest extent and furnished with a
counterweight so as to ensure that the same shall
open automatically when unfastened and also
with a fixed or hinged step-ladder leading to the
roof; or
(c) Other proper means of access to the roof ;
and with a sufficient parapet or guard-rail where reason-
ably practicable and necessary to prevent persons slipping
off the roof. Any dormer window or trap-door provided
under this sub-section shall only be fastened in such a
manner as to ensure access toithe roof being always readily
available from the inside of the building.
Section 22, Sub-section 1 (c), page 197.
For definition of "height," see L.B. Act, 1894, Section 5, Sub-
section 21, page 15.
For penalties, see Section 24, Sub-section 1 (e), page 200.
This sub-section takes the place of the London Building Act,
1894, Section 61, Sub-section 2, repealed.
(2) The Council or (in the event of an appeal) the
tribunal of appeal may in any case where it is reasonable
so to do sanction subject to such conditions if any as the
Council or (in the event of an appeal) the tribunal of appeal
may impose in giving such sanction the exemption of any
building from all or any of the provisions of this section.
(3) This section shall not apply to any building falling
within either of the sections of this Act the respective
marginal notes whereof are " Protection against fire in
certain new buildings " and " Protection against fire in
certain existing buildings."
See Sections 7 and 9, pages 184-187, 187-189.
This section takes the place of Section 61, Sub-section 2, L.B.A.,
1894, which is repealed.
For penalty as to not keeping in good condition and working
order the dormer window, trap-door, &c., see Section 24, Sub-section
1 (/), page 200.
It appears somewhat difficult to decide whether or not a building
is a dwelling-house occupied by not more than two families. In
192 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 12. London County Council v. Cannon Brewery Co. (1911), 1 K.B. 235
the decision of a magistrate that a certain public-house was a
dwelling-house, and not an existing building to which section 12
applied, was upheld.
Conversion 13 — No person shall without the consent in writing of
ingsmld ^ne Council or (in the event of an appeal) the tribunal of
appeal convert a building in such manner that such build-
ing when so converted will not be in conformity with the
provisions of this Act or without such consent knowingly
or wilfully permit or suffer any building when so converted
to be used or occupied. Provided that if the Council shall
not within the period of one month or in the event of such
period of one month commencing or expiring on any day
between the first day of August and the fourteenth day of
September both inclusive then within the period of two
months after written application to the Council by the
owner for such consent notify to the owner that such
consent is refused and the grounds of such refusal such
consent shall be deemed to have been duly given. For
the purposes of this section the expression " convert " shall
include any change of user whether involving any struc-
tural alteration or not and notice of such conversion shall
be given to the district surveyor by the owner or occupier
of the building intended to be converted.
For appeal to the tribunal of appeal, see Section 22, pages 197
and 198.
For penalties for converting without consent, see Section 24, Sub-
section 1 (*), page 200.
Means of 14 — All means of escape in case of fire provided in
^£aPetobe accordance with any of the provisions of this Act or other-
tained. wise shall be kept and maintained by the owner of the
building in respect whereof they are provided in good
condition and repair and in efficient working order and no
person shall knowingly or wilfully obstruct or render less
commodious or permit or suffer to be obstructed or rendered
less commodious any such means of escape as aforesaid.
Power to 15 — For the purpose of carrying out or maintaining any
eTter'not- wor^ required to be done or maintained by the owner under
withstand- any of the provisions of this Act it shall be lawful for the
s?on^rofvl" owner of any building notwithstanding any provision to
lease. the contrary contained or implied in any lease or contract
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 193
affecting such building to enter such building or any part Sec. 15.
thereof and do all such things therein or in relation thereto
as may be necessary or proper in that behalf.
16 — (1) The execution of every work to in or upon a Duties of
building necessary to give effect to the provisions of this JjfS? fiur"
Act shall be subject to the supervision of the district sur- under Act.
veyor appointed to the district in which the building is
situated in like manner as any work done to in or upon
the building under the provisions of the Act of 1894.
(2) Particulars of any means of escape required by the
Council or (in the event of an appeal) the tribunal of appeal
or to be provided in accordance with plans approved by
the Council under the provisions of this Act shall be fur-
nished by the Council to the district surveyor within whose
district the building to which such particulars relate is
situate and it shall be the duty of the district surveyor to
ascertain that such means of escape are properly provided
in accordance with such particulars and to report to the
Council any failure to provide -the same.
(3) Where any of the provisions of the sections of this
Act whereof the marginal notes are respectively " Projecting
shops" and "Means of access to roofs" are or become
applicable to a new or to an existing building the district
surveyor shall as soon as he discovers that such building is
not in conformity with such provisions report such non-
conformity to the Council.
17 — The district surveyor shall notify in writing to the District
Council every building about to be erected in his district JJ 5otSyB
to which in his opinion the section of this Ad* the marginal Council in
note whereof is "Protection against fire in certain new cases"1
buildings " would apply and within a reasonable time after
being requested in writing by the Council shall from time
to time ascertain and notify in writing to the Council any
building within his district or any part thereof to which
in his opinion the section of this Act the marginal note
whereof is " Protection against fire in certain existing
buildings " applies and also upon completion of any works
required to be carried out under either of such sections
shall notify to the Council whether all the requirements
13
194 LONDON BUILDING ACTS (AMENDMENT) ACT, 19051
Sec. 17. made by the Council or the tribunal of appeal (as the case
may be) have been complied with.
Pees to 18 — (1) The district surveyor shall be entitled to
district -
surveyors.
district receive from and shall be paid by the builder employed in
erecting the building in respect whereof the same are
chargeable or in doing any work or matter in respect of
which any service has been performed by such surveyor
under the provisions of this Act or from the owner or
occupier of such building or of any building in respect
whereof such work or matter has been done or service
performed the fees specified in Part I. of the Second
Schedule to this Act and the provision of section 157
(Periods when surveyors entitled to fees) of the Act of
1894 shall apply to the said fees and the recovery of the
same.
(2) The district surveyor shall be entitled to receive
from and shall be paid by the Council the fees specified in
Part II. of the said Second Schedule in respect of the per-
formance of the duties therein mentioned.
(3) Where any works or services other than those carried
out or performed in pursuance of this Act are carried out
or performed in respect of any building the said fees shall
be in addition to and not in substitution for any fees which
may be payable under the Act of 1894 in respect of such
other works or services as aforesaid.
See London Building Act, 1894, Sections 157 (2), and 166, pages
119, 123 and 124.
The builder was carrying out certain works under the 1894 Act
and other works had to be carried out under section 12 of 1905 Act.
The fee under the former Act was paid and the district surveyor
summoned the builder for the fees under the Act of 1905. The
magistrate decided in the favour of the district surveyor. Payne
v. Hackett, North London Police Court, Builder, March 9th, 1907.
Exemption 19 — (1) Where an offence under this Act for which
?ro^nner *ke owner °f any building is liable under this Act to a
penalty on penalty has in fact been committed by an occupier or any
of actual other person that occupier or other person shall be liable
offender, ^o the same penalty as if he were the owner.
(2) Where the owner is charged with any such offence
he shall be entitled upon information duly laid by him to
have any other person whom he charges as the actual
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 195
offender brought before the court at the time appointed Sec. 19-
for hearing the charge against himself and if after the
commission of the offence has been proved the owner proves
to the satisfaction of the court that he has used due dili-
gence to enforce the execution of the provisions of this
Act and that such other person has committed the offence
in question without the knowledge consent or connivance of
the owner that other person shall be summarily convicted
of the offence and the owner shall be exempt from any
penalty. The person so convicted shall in the discretion of
the court be also liable to pay any costs incidental to the
proceedings.
20 — The owner of any building who has paid or incurred Apportion-
the expenses of executing any work in respect of
building which the owner of such building is required
execute under any provisions of this Act or has paid any
other expenses which by any such provision as aforesaid
are required to be borne or paid by the owner may if he
thinks fit apply to the county court of the district in which
such building is situate and such court may thereupon
issue a summons requiring the several persons entitled to
any estate or interest in the building to appear before the
court and the court may make such order concerning such
expenses or their apportionment among all the several
persons entitled to any estate or interest in the building as
appears to the court to be just and equitable in the circum-
stances of the case regard being had to the terms of any
lease or contract affecting such building.
A certain number of cases deciding the question as to who is liable
for the expenses in carrying out the requirements of this Act have
been decided under the Factory and Workshop Act, 1901, Section
14 (4), Section 7 (2) of the repealed Factory Act, 1891, being enacted
in Section 14 (4).
In Arding v. Economic Printing Company, the tenants of a factory
covenanted to pay " all rates and taxes, sewers rate, main drainage
rates, parish dues, &c., and other rates, taxes, and impositions and
outgoings whatsoever." The other covenant was to pay a fair
share, and a proportion of all costs and expenses which the lessors
might be called upon to pay. During the term the lessors as
owners were called upon to form a means of escape in case of fire
in accordance with Section 7 of the Factory and Workshop Act,
1891. The lessors brought an action to recover the expenditure
against the tenants. Held that the two covenants dealt with
196 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905,
Sec. 20. different matters, and that the tenants were liable to pay a fair
share of the outlay, but not the whole amount so expended. Arding
v. Economic Printing and Publishing Company (1898), 69 L.T. 420 ;
G.A. 622.
In Monk v. Arnold the plaintiff, as owner of a factory, granted a
lease for a term of years to the defendant. The lease contained a
covenant by defendant " to pay all rates, taxes, charges, and assess-
ments and outgoings whatsoever, whether Parliamentary, parochial,
local, or of any description which now are, or may at any time
hereafter be assessed, charged, or imposed upon the demised pre-
mises, or the landlord or occupier in respect thereof." The owner,
in compliance with a notice from the Council under the Workshops
Act, 1901, provided means of escape at a large expenditure, and
now sued the tenants for the whole sum. Held that the expenditure
was not an " outgoing " within the meaning of the covenant, and
there was no legal liability on the tenant to pay the whole of the
amount expended by the plaintiff. Monk v. Arnold (1902), 1 K.B.
761.
In Goldstein v. Hollingsworth the lease of bakehouse premises
contained a covenant by the lessee to pay " all existing and future
impositions and outgoings of every description for the time being,
payable either by the landlord or tenant in respect of the said
premises." The bakehouse being under ground could not be used
until a certificate was obtained from the Borough Council, and to
obtain this certain alterations would have to be carried out. Held
that the expenditure came within the expression above mentioned
in the lessee's covenant, and the Court refused to order the landlord
to pay an apportioned part of the expenses. Goldstein v. Hollings-
worth (1904), 73 L.J. (K.B.) 826.
In Horner v. Franklin it was held that a landlord who spends
money in complying with the requirements under the Factory and
Workshop Act to provide means of escape in case of fire, must
bring an action by means of an application to the County Court and
not in the High Court. Horner v. Franklin (1905), 1 K.B. 479.
See Section 14, Sub-section 4, of the Factory and Workshop Act,
1901, pages 337-340.
Arbitration 21 — Where the occupier of any building shall claim to
denceof1 nave sustained any damage directly and solely caused by
damage. the construction of any works carried out under this Act
such claim shall be referred to arbitration and the arbitrator
shall determine how such damage shall be borne by the
persons interested in the said building having regard to all
the circumstances of the case including the terms of any
lease or contract affecting such building.
See the Arbitration Act, 1899.
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 197
Sec. 22 — (1) At any time within two months after —
(a) The refusal or conditional grant by the Council of As to ap-
their approval of any plans deposited pursuant to Act!8 1
the section of this Act the marginal note whereof
is " Protection against fire in certain new build-
ings " or the refusal by the Council to issue a
certificate pursuant to the same section ;
See Section 7, pages 184-187.
(6) The service on the owner of any building of notice
of any requirement of the Council under the
section of this Act the marginal note whereof
is "Protection against fire in certain existing
buildings ' ' ;
See Section 9, pages 187-189.
(c) The making of any requirement with respect to any
building under the section of this Act the marginal
note wherefore is " Projecting shops " or any re-
fusal or conditional grant of the sanction of the
Council to any exemption under the last-men-
tioned section or the section of this Act the
marginal note whereof is " Means of access to
roofs " ;
See Sections 10 and 12, pages 189, 190 and 191.
(d) The making of any requirement by the Council
with respect to any building under the section of
this Act the marginal note whereof is " Eules for
living rooms over premises used for storage of
inflammable liquid " ; or
See Section 11, page 190.
(e) Any refusal of the consent of the Council under
the section of this Act the marginal note whereof
is " Conversion of buildings " ;
See Section 13, page 192.
the owner of the building to which such requirement or
refusal or conditional grant relates may if he think fit
appeal to the tribunal of appeal.
Appeals must be made within fourteen days after notice of the
decision appealed against has been given or served. See Regula-
tions of the tribunal of appeal, page 167,
198 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 22. An appeal was heard before the tribunal of appeal under Section
22, Sub-section 1, against the conditional grant by the Council of
their approval of the means of escape in case of fire as shown on the
plans submitted for approval. The building (Nos. 13 and 15 Leather
Lane) had a total height of thirty-five feet above the pavement
level, and consisted of one room twenty-five feet by twenty-four feet
on each floor. The floors were of steel and concrete construction
throughout. The Council wanted smoke lobbies provided on each
floor, with direct ventilation to the outer air. The tribunal of appeal
decided that the requirements of the L.C.C. were unreasonable in
this case, and therefore allowed the appeal with costs against the
Council. H. T. Tubbs v. London County Council, Builder, August
18th, 1906.
An appeal was heard before the tribunal of appeal against the
Council's refusal to approve the means of escape in case of fire to be
provided at a new building as shown on a revised plan. The build-
ing consisted of four floors part of which was over a public way.
The floors were of steel and concrete throughout but the Council
desired smoke lobbies. The tribunal allowed the appeal. Tubbs v.
London County Council, Builder, October 19th, 1907.
See Spink & Son v. London County Council, page 185.
(2) The National Telephone Company Limited shall in
any case where they are the occupiers (without being also
the owners) of any building or part of a building containing
plant which is used for or in connection with public tele-
phonic communication to which any such requirement or
refusal or conditional grant relates have the like right of
appeal against such requirement refusal or conditional
grant as the said company would have had if they had
been the owners of such building or part of a building and
the Council shall give or cause to be given to the said com-
pany full and detailed particulars of any such requirement
refusal or conditional grant upon or contemporaneously
with such requirement refusal or conditional grant.
Power of 23 — (1) For the purpose of exercising their powers or
council performing their duties under this Act it shall be lawful
and their for the Council or any officer of the Council duly authorised
district sur- in writing by the Council in that behalf (which authority
veyors. such officer shall produce if required) at all reasonable
times and after reasonable notice to enter inspect and
examine any building structure or premises to which he
has reasonable grounds for thinking that the provisions of
this Act apply.
(2) For the purpose of performing his duties under this
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 199
Act it shall be lawful for the district surveyor at all Sec. 23.
reasonable times to enter inspect and examine any build-
ing structure or premises.
24 — Subject to the provisions of this Act every person offences
who does any of the things specified in this section shall a^ainst Act-
be deemed to have committed an offence against this Act
and shall be liable upon conviction in a summary manner
to a penalty not exceeding the amount hereinafter specified
in connection with such offence and to a further penalty
not exceeding the amount hereinafter specified as the daily
penalty in connection with such offence for every day on
which the offence is continued (that is to say) : —
(1) Every person who —
(a) Occupies permits to be occupied or lets for occupa-
tion any upper storey or any part of any building
in contravention of the provisions of the section
of this Act the marginal note whereof is " Pro-
tection against fire in certain new buildings " ; or
(6) — (i.) Fails to comply with any requirement made
by the Council under the section of this Act the
marginal note whereof is " Protection against fire
in certain existing buildings " and (in the event
of an appeal) confirmed or varied by the tribunal
of appeal within such time as may be required
by the Council or the tribunal of appeal ; or
(ii.) Fails to execute and do with all practicable de-
spatch after acceptance by the Council of any
alternative proposals under the said section for
the provision of means of escape in case of fire
all such works and things as may be necessary
to provide the means of escape specified in such
alternative proposals ; or
(iii.) Occupies or permits to be occupied any part of
or storey in a building after the making of an
order of a petty sessional court under the said
section prohibiting the occupation of such part of
or such storey in such building unless such order
has been discharged as in the said section pro-
vided ; or
(c) Fails to deposit or cause to be deposited at or
200 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 24- within the time at or within which the same are
by the respective provisions relating thereto re-
quired to be deposited any notice or plans required
to be deposited under the provisions of this
Act ; or
(d) Knowingly or wilfully uses or permits to be used
any room in contravention of the provisions of
the section of this Act the marginal note whereof
is " Rules for living rooms over premises used for
storage of inflammable liquid " ; or
(e) Fails to comply with the provisions of the sections
of this Act the respective marginal notes whereof
are " Projecting shops " and " Means of access to
roofs " ; or
(f) Neglects to keep and maintain in good condition
and repair and in efficient working order or ob-
structs or renders less commodious or permits or
suffers to be obstructed or rendered less commodi-
ous any means of escape in case of fire provided
in accordance with any of the provisions of this
Act or otherwise ; or
(g) Eefuses to admit any officer of the Council or
district surveyor or other person when entitled
so to do under this Act to enter survey inspect or
examine any building structure work or premises
which such officer or surveyor or other person is
by this Act authorised to enter survey (inspect or
examine or refuses or neglects to afford him all
reasonable facilities and assistance in such survey
inspection or examination ; or
(h) Hinders or obstructs any persons empowered by
this Act to enter and remain on any premises for
the purpose of executing or maintaining and to
execute or maintain any work required by this
Act to be executed or maintained ; or
(i) Knowingly or wilfully converts or permits or suffers
to be used or occupied a building in contravention
of the provisions of the section of this Act the
marginal note whereof is "Conversion of build-
ings " ; or
(/) Does any other thing prohibited by this Act or
fails neglects on omits to do any other thing
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 201
which he is required to do under or in pursuance Sec. 24.
of this Act ;
shall be liable to a penalty not exceeding twenty pounds
and a daily penalty not exceeding ten pounds :
(2) The liability to these penalties shall be without pre-
judice to any other proceedings whether under the Act of
1894 or this Act or any by-law or regulation made under
the Act of 1894 or otherwise but so that no person shall
be punished twice for the same offence :
(3) All such penalties as aforesaid shall be recoverable
in a summary manner and the provisions of section 169
(Application of penalties) of the Act of 1894 shall extend
and apply to all penalties recovered by the Council under
this Act.
25— The Act specified in the Third Schedule to this Act ^cepeeda^
is hereby repealed to the extent specified in the third and enactment,
fourth columns of that schedule.
26 — (1) The provisions of this Act shall not apply to Certain
any building the whole of which is a factory or workshop oflctloUo
within the meaning of section 14 of the Factory and apply to
Workshop Act 1901 or to any common lodging-house workshops
within the meaning of any statute for the time being in JJagJJ™011
force relating to common lodging-houses within London, houses.
(2) Nothing in this Act shall empower the Council to
require as regards any building while used in part as a
factory or workshop means of escape in case of fire to be
provided from or in respect of the part so used of such
building if within three years prior to the passing of this
Act means of escape in case of fire have been provided
from such part in compliance with the Factory and Work-
shop Act 1901.
See Factory and Workshop Act, 1901 (1 Edw. 7, c. 22), Section
14, pages 337-340, for means of escape required in factories.
27 — (1) The following provisions of the Act of 1894 incorporat-
are hereby incorporated with and form part of this Act prl^ionT
and shall extend and apply accordingly and have effect as J^ct of
fully and effectually as if the same had been re-enacted in
this Act (that is to say) : —
202 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 27- Section 144 (Surveyor not to act in case of works
under his professional superintend-
ence) ;
Section 145 (Notices to be given to surveyor by
builder) ;
Section 1 47 (Notice to be evidence of intended works) ;
Section 156 (Fees in relation to evidence before
tribunal) ;
Section 181 (Power for Council to support decisions
of officers before tribunal) ;
Section 182 (Tribunal may state case for opinion of
High Court) ;
Section 183 (Procedure of tribunal) ;
Section 184 (Eegulations as to procedure and fees) ;
Section 185 (Enforcement of decision of tribunal) ;
Section 187 (Notices to be in writing) ;
Section 188 (Service of notices) ;
Section 190 (Power for Council to annex conditions) ;
Section 194 (Plans and documents to be property of
Council) ;
Section 195 (Mode of giving approval of Council to
plans) ;
Section 196 (Consent how given on behalf of owners
not to be found) ;
Section 206 (Duration of exemption) ;
(2) All regulations made or to be made by the tribunal
of appeal under the said section 184 of the Act of 1894
shall apply to the procedure to be followed in cases of
appeal under this Act.
28 — The lands buildings and property of —
(1) The Honourable Society of the Inner Temple ;
(2) The Honourable Society of the Middle Temple ;
(3) The Honourable Society of Lincoln's Inn ;
(4) The Honourable Society of Gray's Inn ;
shall be exempt from the operation of this Act.
Exempting 29 — (1) Any building or structure or part of a building
certain pro- or structure belonging to a dock company constituted by
dock com- Act of Parliament and situate within the dock premises
e exempt from the provision 9 of this Act,
For protec-
tion of Inns
of Court.
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 203
(2) The exemption conferred by this section shall extend Sec. 29-
to and include any building or structure or part of a building
or structure belonging to the Surrey Commercial Dock
Company in connection with their Surrey Canal under-
taking and used exclusively for the purposes of canal
works under the Acts of Parliament regulating the said
undertaking.
30 — Any building or structure (not being an hotel) Exempting
belonging to or leased by any railway company situate ^'^oV*0"
upon the railway or within the railway or station premises railway
of the same or any other railway company and used for the c°
purposes of or in connection with the traffic of the railway
company shall be exempt from the provisions of this Act.
31 — Any building or structure or part of a building or Exempting
structure belonging to or leased by any electric lighting JSj^jy*0"
company having statutory powers for the supply of elec- electric
tricity and used exclusively as a generating station or dis- companies,
tributing or transforming station or for works connected
with the exercise of such powers shall be exempt from the
provisions of this Act.
32 — The generating station referred to in section 8 of the Exempting
Metropolitan District Eailway Act 1902 shall be exempt Son" of
from the provisions of this Act. Sound
Electric
33 — Any building or structure or part of a building or
structure belonging to or leased by any gas company
used exclusively for gasworks shall be exempt from the pro- Exempting
visions of this Act. certain pro-
perty of gas
companies.
34 — (1) Any new or existing building used or intended AS to banks
to be used to the extent of not less than three-fourths of its
cubical extent as a bank or insurance office or partly for
one and partly for the other of such purposes by not more
than two companies or firms and used or intended to be
used as regards the residue thereof only as a residence for
or for providing sleeping accommodation for officers or
servants of such companies or firms shall so long as such
building is not used otherwise than as aforesaid be exempt
from the provisions of this Act,
204 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905
Sec. 34- (2) The premises known as Staple Inn Holborn shall be
deemed to be existing buildings to which the provisions of
this section apply.
AS to stock 35 — The buildings of the Stock Exchange in the city of
bunding? Condon situated between Throgmorton Street on the north
and.Threadne'edle Street and Old Broad Street on the south
or south-east and also any buildings (while used as a stock
exchange) erected on the site of the properties Nos. 31 to
33 Throgmorton Street shall be exempt from the provisions
of this Act.
Exempting 36 — Any existing building or structure in the exclusive
pSbi1cng8°f occupation of a public wharfinger and used by him for the
purposes of his business and situate upon or in immediate
proximity to a dock wharf quay or riverside frontage and
which is self-contained and does not abut on any building
shall be exempt from the provisions of this Act. Provided
that this exemption shall not apply to uptown warehouses
or to any building wherein any manufacturing process is
carried on or wherein any person sleeps :
" Public wharfinger " means the owner lessee or occupier
of a wharf quay warehouse or granary adjoining the port of
London mainly used for warehousing the goods imported
into the port of London of persons other than the occupier
of such premises.
Exempting 37 — The buildings and premises known as the Eoyal
Albert Albert Hall shall be exempt from the provisions of this
Hall. Act.
For protec- 38 — Any new or existing building or structure (not being
tropoiitan an no^e^) now or hereafter belonging to or leased or erected
District by the Metropolitan District Eailway Company the Baker
street and Street and Waterloo Eailway Company the Great Northern
Great*00 Piccadilly an^ Brompton Eailway Company and the Char-
Northern ing Cross Euston and Hampstead Eailway Company or any
andCBromp- °f them shall so far as erected or used or intended to be
ton and used for the purposes of or in connection with the traffic
Cros«ng of the said companies or any of therq be exempt from the
ISSrfXa Provisions of this Act,
Railway
Com-
panies.
LONDON BUILDING ACTS (AMENDMENT) ACT, 1906. 205
39 — The following buildings shall so long as used for Exempting
their present purposes be exempt from the provisions of buildings
this Act : —
(1) The Mansion House Guildhall and Royal Ex-
change of the city :
(2) The Sessions House at the Old Bailey and all
public buildings erected or occupied by the cor-
poration under the provisions of the City of Lon-
don Police Acts :
(3) The buildings of the Metropolitan Cattle Market
the Cattle Market at Deptford the London Central
Markets the Spitalfields Market and the Shadwell
Market.
40 — Any building or part of a building approved by the Bonded
Commissioners of Customs or the Commissioners of Inland tlTbe 01
Revenue as a warehouse or store for warehousing or deposit- exempt,
ing goods without payment of duty shall while used with
such approval for any of such purposes and unless and
except so far as such Commissioners otherwise allow be
exempt from the provisions of this Act.
41 — Nothing in this Act shall affect prejudicially any saving
estate right power privilege or exemption of the King's crown°f
most Excellent Majesty and in particular nothing contained
herein shall authorise the Council to take use or in any
manner interfere with any land or hereditaments or any
rights of whatsoever description belonging to His Majesty
in i right of His Crown and under the management of the
Commissioners of Woods without the consent in writing of
the Commissioners of Woods on behalf of His Majesty first
had and obtained for that purpose which consent such
Commissioners are hereby authorised to give.
See note at end of Section 202, L.B.A., 1894, page 144.
42— Nothing contained in this Act shall extend toSgjg*of
authorise the Council to take use enter upon or interfere Duchy of
with any land soil or water or any rights in respect thereof C(
belonging to His Majesty in right of the Duchy of Corn-
wall without the consent in writing of some two or more
of such of the regular officers of the said duchy or of such
other persons as may be duly authorised under the pro-
206 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
Sec. 42. visions of the Duchy of Cornwall Management Act 1863
section 39 to exercise all or any of the rights powers
privileges and authorities by the said Act made exerciaeable
or otherwise for the time being exerciseable in relation to
the said duchy or belonging to the Duke of Cornwall for
the time being without the consent of such Duke testified
in writing under the seal of the Duchy of Cornwall first
had and obtained for that purpose or to take away diminish
alter prejudice or affect any property rights profits privileges
powers or authorities vested in or enjoyed by His Majesty
in right of the Duchy of Cornwall or in or by the Duke of
Cornwall for the time being.
Expenses 43 — All expenses incurred by the Council in carrying
to beCborne. this Act into execution and not otherwise provided for shall
be deemed to be general expenses incurred by the Council
and shall be raised and paid accordingly and the costs
charges and expenses preliminary to and of and incidental
to the preparing applying for obtaining and passing of this
Act shall be raised and paid by the Council in like manner.
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 207
The SCHEDULES referred to in the foregoing Act.
THE FIEST SCHEDULE.
This Schedule is in substitution of the second Schedule of the
L.B.A., 1894, see page 159.
The following materials shall for the purposes of the Act
of 1894 the Act of 1898 and this Act be deemed to be fire-
resisting materials : —
(I.) For general purposes :
(1) Brickwork constructed of good bricks well burnt
hard and sound properly bonded and solidly put
together —
(a) With good mortar compounded of good
lime and sharp clean sand hard clean broken
brick broken flint grit or slag ; or
(b) With good cement ; or
(c) With cement mixed with sharp clean sand
hard clean broken brick broken flint grit or slag ;
(2) Granite and other stone suitable for building
purposes by reason of its solidity and durability ;
(3) Iron steel and copper ;
(4) Slate tiles brick and terra-cotta when used for
coverings or corbels ;
(5) Flagstones when used for floors over arches but
such flagstones not to be exposed on the under-
side and not supported at the ends only ;
(6) Concrete composed of broken brick tile stone
chippings ballast pumice or coke breeze and lime
cement or calcined gypsum ;
(7) Any combination of concrete and steel or iron.
(II.) For special purposes :
(1) In the case of doors and shutters and their frames
oak teak jarrah karri or other hard timber not
less than one and three-quarters inches finished
208 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905,
1st Sch. thickness the frames being bedded solid to the
walls or partitions ;
(2) In the case of staircases and landings oak teak
jarrah karri or other hard timber the treads
risers strings and bearers being not less than one
and three-quarters inches finished thickness and
the ceilings and soffits if any being of plaster or
cement ;
(3) Oak teak jarrah karri and other hard timber when
used for beams or posts or in combination with
iron the timber and the iron (if any) being
protected by plastering or other incombustible
or non-conducting external coating not less than
two inches in thickness or in the case of timber
not less than one inch in thickness on iron
lathing ;
(4) (a) In the case of floors and roofs —
Brick tile terra-cotta or concrete composed as
described in paragraph (I.) (6) of this schedule
not less than five inches thick in combination
with iron or steel ;
(6) In the case of floors and of the roofs of pro-
jecting shops —
Pugging of concrete composed as described in
the said paragraph (I.) (6) not less than five
inches thick between wood joists provided a
fillet one inch square is secured to the sides
of the joists and placed so as to be in a
central position in the depth of the concrete
or concrete blocks not less than five inches
thick laid between wood joistson fire-resisting
bearers secured to the sides of joists ;
(5) In the case of verandahs balustrades outside land-
ings the treads strings and risers of outside stairs
outside steps porticoes and porches oak teak
jarrah karri or other hard timber not less than
one and three-quarters inches finished thickness ;
(6) In the case of internal partitions enclosing stair-
cases and passages terra-cotta brickwork concrete
or other incombustible material not less than three
inches thick ;
(7) In the case of glazing for windows doors and
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905. 209
borrowed lights lantern or skylights glass t not 1st Sch.
less V -than 'one-fourthf?of an inch in thickness in
direct^combination with metal the melting point
of which is not lower than 1 ,800^degrees Fahren-
heit in squares not exceeding sixteen square inches
and in panels not exceeding two feet across either
way the panels to be secured with fire-resisting
materials in fire-resisting frames of hard wood net
less than one and three-quarters inchesjfinished
thickness or of iron.
(III.) Any other material from time to time approved
by the Council as fire-resisting.
THE SECOND SCHEDULE
FEES PAYABLE TO DISTRICT SURVEYORS
Part I.
(A) In respect of a building erected in conformity with
the provisions of the section of this Act of which the
marginal note is " Protection against fire in certain new
buildings"; or
f • (B) For ascertaining whether any requirement made by
the Council under the section of this Act the marginal
note whereof is " Protection against fire in certain existing
buildings " and (in the event of an appeal) confirmed by
the tribunal of appeal is complied with ; or
f (c) For any work required under the provisions of either
of the sections of this Act the respective marginal notes
whereof are " Projecting shops " and «' Means of access to
roofs " —
One-fifth of the amount of the fee payable under the
third Schedule of the Act of 1894 in respect of
a new building of the same character or the
sum of one pound one shilling whichever shall
be the greater.
14
210 LONDON BUILDING ACTS (AMENDMENT) ACT, 1905.
2nd Sch. Part II.
For surveying for the purpose of ascertaining and notify-
ing or reporting any building to the Council pursuant to
the provisions of the sections of this Act the marginal
notes whereof are respectively " District surveyors to
notify Council in certain cases " and •' Duties of district
surveyors under Act."
For every building to which such sections apply and for
every other building which in the opinion of the Council
has been reasonably inspected for the purpose of such
sections a fee of seven shillings and sixpence.
THE THIRD SCHEDULE.
Session and
Chapter.
Title or Short Title.
No. of
Section.
Extent of Repeal.
57 & 58 Viet.,
c. ccxiii.
i London Building
Act 1894
5
61
Sub-section (36).
Sub-section (2).
63
The whole section.
Second
Schedule.
The whole schedule.
211
SECTION D.
THE LONDON COUNTY COUNCIL
(GENEEAL POWEES) ACT, 1908.
PART II. — SANITARY PROVISIONS.
SECTION PAGE
1. Short title 212
2. Division of Act into Parts 212
3. Interpretation 212,213
4. Incorporation of Land Clauses Act - ... 213, 214
5. Power to sanitary authorities to remove from or refuse
to enter on register names of dairymen in certain
circumstances 214, 215
6. Power to sanitary authorities to appoint health visitors 215
7. As to accommodation for cooking of food in tenement
houses - - 215,216
8. Sanitary regulations for premises used for sale, etc., of
food for human consumption - 216, 217
9. Power to Council and Corporation to make by-laws with
respect to certain businesses .... 217, 218
10 Enforcement of this part of Act and by-laws - - - 218
11. Power to Local Government Board to extend by-laws
to Council 219
12. Power to sanitary authorities to enter - - - - 219
•13. Power to owner to enter notwithstanding provisions of
lease 219
14. Application of sections 115 and 116 of Public Health
(London) Act, 1891 220
PART III.— AMENDMENT OP LONDON BUILDING ACT, 1894.
15. Interpretation and effect of this part of Act - - - 220
16. Repeal of sections 75, 76 and 77 of principal Act - - 220
17. Cubical extent of buildings 220, 221
18. Rules as to uniting buildings 221-223
19. Division walls to be subject to provisions, etc. - 223
20. Copy of plans and particulars approved by council to
be furnished to district surveyor .... 224
21.i Penalty for failure to comply with conditions
22. ^Extending exemption of Government buildings - - 224
212
THE LONDON COUNTY COUNCIL (GENERAL
POWERS) ACT 1908.
[The London County Council (General Poivers) Act, 1908,
received the Royal Assent on \st August 1908, and
came into immediate operation. Part III., relating to
buildings, REPEALS sections 75, 76, and 77 of the
London Building Act, 1894, and substitutes new
provisions, which are embodied in sections 15 to 22
of the new Act.]
PART I.
INTRODUCTORY.
short Title. 1 — This Act may be cited as the London County
Council (General Powers) Act 1908.
Division oi 2 — This Act is divided into parts as follows : —
Act into
Parts. part I.— Introductory.
Part II. — Sanitary Provisions.
Part III.— Amendment of London Building Act*
1894.
Part IV.— Open Space at Salter's Hill West
Norwood.
Part V. — Widening of Green Lanes Stoke New-
ington.
Part VI. — Powers to Camber well Council.
Part VII. — Hackney and Tottenham Sewerage.
Part VIII.— Willesden Sewerage.
Part IX. — Miscellaneous and Financial Provisions.
interpret*- 3 — In this Act the following words and expressions have
tion' the several meanings hereby assigned to them unless there
DEFINITIONS. 213
is something in the subject or context repugnant to such
construction (that is to say) : —
" The Council " means the London County Council :
"The county" means the administrative county of
London :
"The corporation" means the mayor and commonalty
and citizens of the city of London acting by the
mayor aldermen and commons of the city of London
in common council assembled :
" Sanitary authority " means —
(A) As respects the city of London and so much of the
port of London as established for the purposes
of the laws relating to the customs of the United
Kingdom as is within the county the Corporation ;
(B) As respects the places known as the Inner Temple
and the Middle Temple respectively the overseers
of such places respectively ; and
(c) As respects any metropolitan borough (except as
to any portion thereof which may be within the
said portion of the port of London) the council
of such borough :
" Daily penalty " means a penalty for every day on which
any offence is continued after conviction :
" Owner " (except where used in Part III. of this Act)
means the person for the time being receiving the
rackrent of the premises in connection with which
the word is used whether on his own account or as
agent or trustee for any other person or who would
so receive the same if such premises were let at a
rack-rent :
" Rack-rent "' means rent which is not less than two-
thirds of the full annual value of the premises
out of which the rent arises and the full annual
value shall be taken to be the annual rent which
a tenant might reasonably be expected taking one
year with another to pay for the premises if the
tenant undertook to pay all usual tenants' rates
214 THE L.C.C. (GENERAL POWERS) ACT, 1908.
and taxes and the tithe commutation rent charge
(if any) and if the landlord undertook to bear the
cost of the repairs and insurance and the other
expenses (if any) necessary to maintain the premises
in a state to command such rent :
"Rag and bone dealer" means any person selling or
buying for the purpose of re-sale or otherwise
dealing in rags (other than tailors' or dressmakers'
cuttings) bones rabbit-skins fat or other like
articles :
"Tenement house" means any house occupied by any
person of the working class which is wholly or
partially let in lodgings or which is occupied by
members of more than one family :
" Working class " has the same meaning as in the
schedule to the Housing of the Working Classes
Act 1903.
incorpora- 4 — The Lands Clauses Acts are incorporated with this
Lands Act Provided that the expressions " the promoters of the
Glauses undertaking " and " the Company " in the said Acts shall
mean the Council.
Power to
sanitary
authorities
to remove
from or
refuse to
enter on
register
names of
dairymen in
certain cir-
cumstances.
PART II.
SANITARY PROVISIONS.
5 — (1) Notwithstanding anything contained in the
Dairies Cowsheds and Milkshops Order of 1885 or in
any subsequent order any sanitary authority may remove
from the register kept by them of persons from time to
time carrying on in their district the trade of cow-keepers
dairymen or purveyors of milk or may refuse to enter
upon such register the name of any person carrying on or
proposing to carry on the trade of a dairyman or purveyor
of milk upon premises which are in the opinion of such
sanitary authority for any reason unsuitable for the sale
of milk therein provided that for the purposes of this
section premises shall not be deemed to be unsuitable
for the sale of milk therein on any ground inconsistent
with the provisions or requirements of any order or
regulation made under any enactment for the time being
in force and applicable to such premises.
SANITARY PROVISION. 215
(2) Any person who thinks himself aggrieved by any
decision of a sanitary authority under the provisions of
this section may at any time within twenty-one days from
the date of such decision appeal against the same to a court
of summary jurisdiction and if on any such appeal it shall
appear to the court that the premises of the person
appealing are in all respects suitable for the sale of milk
therein the court may make an order requiring such
authority to enter upon or restore in the register the name
of such person.
6 — (1) Any sanitary authority may on or at any time Power to
after the first day of January one thousand nine hundred 8a!?ltaS«
J 1/1 i antnonties
and nine appoint suitable women (to be known as health to appoint
visitors) for the purpose of giving to persons advice as
to the proper nurture care and management of young
children and the promotion of cleanliness and discharging
such other duties (if any) as may be assigned to them
in accordance with the provisions of this section.
(2) The Local Government Board may make regulations
prescribing the qualification mode of appointment duties
salary and tenure of office of health visitors appointed
under this section and no appointment of a health visitor
shall be made otherwise than in accordance with such
regulations.
. (3) It shall be lawful for the Council to pay out of the
County Fund and charge to the Exchequer Contribution
Account any sum or sums by way of contribution towards
the salaries of any person so appointed not exceeding in
the case of any such person one half of her salary.
7 — If at any time it appears to any sanitary authority Astoaccom-
that in any tenement house within their district sufficient JSJ^JIokln^
and suitable accommodation for the cooking of food is fJJJ^ Jin
not provided for the use of each family occupying such *"
house on the storey or one of the storeys in which are
situate the rooms or lodgings in the separate occupation
of such family such sanitary authority may cause notice
to be served on the owner of such house requiring him
within such reasonable time as may be specified in the
notice to provide sufficient and suitable accommodation
for the purpose aforesaid and any owner failing to comply
216 THE L.C.O. (GENERAL POWERS) ACT, 1908.
with any such requirement within the period prescribed in
the notice shall be liable on summary conviction to a
penalty not exceeding forty shillings and to a daily penalty
not exceeding twenty shillings :
Provided that this section shall not apply to any
tenement house used or occupied as such before the passing
of this Act.
Sanitary 8— (1) From and after the passing of this Act the
fof premises following provisions shall apply to any room shop or other
used for sale part of a building within the county in which any article
for'human whether solid or liquid intended or adapted for the food
conaump- o£ man js so^ or expOsecl for sale Or deposited for the
purpose of sale or of preparation for sale or with a view
to future sale : —
(A) No urinal water-closet earth-closet privy ashpit or
other like sanitary convenience shall be within
such room shop or other part of a building or
shall communicate therewith except through the
open air or through an intervening ventilated
space ;
(B) No cistern for supplying water to such room shop
or other part of a building shall be in direct
communication with and directly discharge into
any such sanitary convenience ;
(c) No drain or pipe for carrying off fcecal or sewage
matter shall have any inlet or opening within
such room shop or other part of a building ;
(D) No such room shop or other part of a building shall
be used as a sleeping place and so far as may
be reasonably necessary to prevent risk of the
infection or contamination of any such article
as aforesaid no sleeping place shall adjoin such
room shop or other part of a building and
communicate therewith except through the open
air or through an intervening ventilated space ;
(E) Refuse or filth whether solid or liquid shall not be
deposited or allowed to accumulate in any such
room shop or other part of a building except so
far as may be reasonably necessary for the proper
carrying on of trade or business ;
SANITARY PROVISION. 21?
(p) Due cleanliness shall be observed in regard bo such
room shop or other part of a building and all
articles apparatus and utensils therein and shall
be observed by persons engaged in such room shop
or other part of a building.
(2) If any person occupies or lets or knowingly suffers
to be occupied any such room shop or other part of a
building wherein any of the conditions prohibited by this
section exist or does or knowingly permits any act or
thing therein in contravention of this section he shall
be liable on summary conviction to a fine not exceeding
for a first offence twenty shillings and for every subsequent
offence five pounds and in either case to a daily penalty
not exceeding twenty shillings.
9 — (1) The Council may make by-laws for regulating
the conduct within the county (elsewhere than in the Corp nation
city of London and so much of the port of London as
established for the purposes of the laws relating to the with
customs of the United Kingdom as is within the county)
of the businesses of a vendor of fried fish a fish-curer and a
rag and bone dealer or any of them and with respect to
the premises in or upon which any such business is carried
on and the apparatus utensils and appliances used for the
purpose of or in connection with any such business.
(2) The provisions of section 114 (By-laws) of the Public
Health (London) Act 1891 shall apply to all by-laws made
by the Council under this section.
(3) The Corporation may make and enforce by-laws for
regulating the conduct within the city of London of any
such business as aforesaid and with respect to the premises
in or upon which any such business is carried on and the
apparatus utensils and appliances used for the purposes
of or in connection with any such business.
(4) The following sections of the City of London (Public
Health) Act 1902 shall extend and apply to and with
respect to by-laws made under the last preceding subsection
of this section (that is to say) : —
Section 7. (By-laws to be allowed by Local
Government Board) ;
Section 8. (Penalties in By-laws) ;
218 THE L.C.C. (GENERAL POWERS) ACT, 1908.
Section 9. (Printing and sale of by-laws) ;
Section 10. (Proof of by-laws) ;
Section 11. (Recovery of penalties);
Section 12. (Appeal to quarter sessions).
(5) Notwithstanding anything contained in the said
section 114 of the Public Health (London) Act 1891 or
in the said section 7 of the City of London (Public
Health) Act 1902 or in section 184 (Confirmation of
by-laws) of the Public Health Act 1875 applied by the
said sections respectively all by-laws made by the Council
or the Corporation (as the case may be) under this section
shall as regards any business carried on in any factory
or workshop to which the Factory and Workshop Act
1901 applies require confirmation as if the Secretary of
State were named in the said sections in addition to the
Local Government Board.
(6) Nothing in this section or in any by-law made there-
under shall be construed as imposing upon any person any
obligation to alter any premises which are at the passing
of this Act used for the business of a vendor of fried fish
or of a fish-curer or any fittings or apparatus in any such
premises or to place or provide in any such premises any
new fittings or apparatus Provided that if at any time after
the passing of this Act any alteration of any such premises
or of any fittings or apparatus therein shall be effected or if
any new fittings or apparatus shall be placed or provided
therein such alteration shall be carried out and such new
fittings and apparatus shall be placed and provided in
conformity with the requirements of any such by-law as
aforesaid for the time being in force.
10 — Subject to the provisions of this Act it shall be the
duty °^ eacn sanitary authority to enforce within their
district the provisions of this Part of the Act and all
by-laws made by the Council thereunder and for that
purpose the sanitary authorities shall have all the rights and
powers and be subject to all the liabilities and obligations
conferred or imposed upon them by sections 101 117 118
121 124 125 126 127 128 133 and 135 of the Public
Health (London) Act 1891 and subject as aforesaid those
sections shall apply and have effect in respect of this Part
SANITARY PROVISION. 219
of this Act as if they were expressly re-enacted in and in
terms made applicable to this Part of the Act.
11 — The Local Government Board may on the application Power to
of the sanitary authority of the port of London by order GovS-nme
extend to so much of the said port as is within the county Board to
any by-laws made by the Council under the section of this fawTmade
Act of which the marginal note is " Power to Council and by Ooonc11-
Corporation to make by-laws with respect to certain
12 — Any sanitary authority or any officer or person Power to
duly authorised by them in that behalf shall have thejjgjgj*
right to enter at all reasonable times any house building etc. to enter
or premises in the district of such sanitary authority for
the purpose of examining whether there is any contra-
vention of the provisions of this Part of this Act or of
any by-law made thereunder or any non-compliance with
the requirements of any notice given thereunder respec-
tively.
13 — For the purpose of complying with any of the Powsr to
provisions of this Part of this Act or of any by-law made e^terVJt-
thereunder or with the requirements of any notice given withstand",
under any such provision it shall be lawful for the owner protons
of any house building or premises not being the occupier of lease-
thereof notwithstanding anything to the contrary contained
in any lease underlease or agreement of or relating to such
house building or premises or any part thereof to enter
such house building or premises or any part thereof and
carry out all such works and do all such things as may be
necessary to comply with any such provision or requirement
and if the occupier of such house building or premises or
part thereof suffers damage by reason of the negligent or
improper execution of such works or of anything negligently
or improperly done by the owner under the powers of this
section such occupier may apply to the petty sessional
court having jurisdiction within the district in which the
house building or premises is or are situate and the court
may after hearing the owner or (if after being duly
summoned he shall fail to appear) in his default make
220 THE L.C.O. (GENERAL POWERS) ACT, 1008.
such order for compensation to be paid by the owner as the
court may deem just and equitable.
Application 14 — The provisions of section 115 (General provisions as
iwandTie to powers of entry) and section 116 (Penalty on obstructing
HeaUhiC execution of Act) of the Public Health (London) Act 1891
(London) shall apply and have effect in respect of this Part of this
Act i89i. ^ct as jf sucn sections were expressly re-enacted in and in
terms made applicable to this Part of this Act.
PART III.
AMENDMENT OP THE LONDON BUILDING ACT 1894.
interpret^ 15 — Words and expressions used in this Part of this Act
effect o? his shall unless the context otherwise requires bear the mean-
Part of Act. ing assigned to them in the London Building Act 1894 (in
this Part of this Act referred to as " the principal Act ")
and any references in the principal Act or any existing Act
amending the same to Part VI. of the principal Act or any
of the provisions of that Part shall be construed as referring
to such Part or provisions as amended by this Part of this Act
and the principal Act the London Building Act 1894
(Amendment) Act 1898 the London Building Acts (Amend-
ment) Act 1905 as this Part of this Act may be cited
together as the London Building Acts 1894 to 1908.
Repeal oi 16 — Sections 75 (Cubical extent of buildings) 76 (Consent
7?and 77 5 ^° larger dimensions) and 77 (Rules as to uniting buildings)
of principal of the principal Act are hereby repealed and from and after
the passing of this Act the principal Act shall be read and
have effect as if the following provisions of this Part of this
Act had been inserted in the principal Act instead of the
said sections 75 76 and 77.
Cubical 17 — (1) Except as in this section provided no building of
extent of the warehouse class and no building or part of a building
buildings. , „ „
used for any trade or manutacture shall extend to more
than two hundred and fifty thousand cubic feet unless
divided by division walls in such manner that no division
of such building or part of a building (as the case may be)
shall extend to more than two hundred and fifty thousand
AMENDMENT OF THE LONDON BUILDINU ACT. 221
cubic feet and no addition shall be made to any such build-
ing part of a building or division so that the cubical extent
of such building part of a building or division shall exceed
two hundred and fifty thousand cubic feet.
(2) Where the Council are satisfied on the report of the
superintendent architect and of the chief officer of the fire
brigade that additional cubical extent is necessary for any
such building part of a building or division as aforesaid
and are satisfied that proper arrangements have been or will
be made and maintained for lessening, so far as reasonably
practicable danger from fire the Council may consent to
such building part of a building or division containing
additional cubical extent, but such consent shall continue in
force only while such building part of a building or division
is actually used for the purposes of the trade or manufacture
(if any) in respect of which the consent was granted.
(3) The Council may in any case in which they think fit
so to do consent to any such building or part of a building
as aforesaid being divided (wholly or in part) horizontally
by floors to be constructed in such manner and of such
materials and in all other respects as the Council may
require or approve and in such case such floors shall for
the purposes of this section be deemed to be division walls.
(4) The provisions of this section shall not apply to any
building which being at a greater distance than two miles
from Saint Paul's Cathedral is used wholly for the manu-
facture of machinery and boilers of steam vessels or for a
retort house or for the manufacture of gas or for generating
electricity provided that such building consist of one floor
only and be constructed of brick stone iron or other incom-
bustible msterial throughout and be not used for any purpose
other than such are specified in this subsection arid every
such building shall for the purposes of the provisions of the
principal Act with respect to special buildings be deemed a
building to which the general provisions of Part VI. of the
principal Act are inapplicable.
18 — (1) Buildings shall not without the consent of the Rules as
Council be united unless (A) they are wholly in one occupa
tion and (B) when so united and considered as one building
they would be in conformity with the principal Act as
222 THE L.C.C. (GENERAL POWERS) ACT, 1908.
amended by this Part of this Act and with this Part of
this Act.
(2) An opening shall not be made in any division wall
separating divisions of a building of the warehouse class or
used for any trade or manufacture or in any party wall or
in two external walls separating buildings in any case in
which such divisions or buildings (as the case may be) if
taken together would extend to more than two hundred
and fifty thousand cubic feet except under the following
conditions : —
(A) Such opening shall have the floor jambs and head
formed of brick stone iron or other incombustible
materials and be closed by two wrought iron doors
sliding doors or shutters each not less than one
fourth of an inch thick in the panel at a distance
from each other of the full thickness of the wall
fitted to grooved or rebated iron frames without
woodwork of any kind and all such doors sliding
doors and shutters shall be fitted with sufficient
and proper bolts or other fastenings and be capable
of being opened from either side and shall have on
each face thereof styles and rails at least four inches
wide and one fourth of an inch thick and shall be
constructed fitted and maintained in an efficient
condition. Provided that in lieu of being con-
structed and fitted as aforesaid such doors sliding
doors and shutters may be constructed of any such
fire-resisting materials and be fitted in any such
manner as may be approved by the Council ;
(B) Such opening shall not exceed in width seven feet or
in height eight feet and the width of such opening
in any wall of a storey (or if there be more than
one such opening in any such wall the width of all
such openings taken together) shall not exceed one
half of the length of such wall. Provided that any
such opening may be nine feet six inches in height
in a wall of which the thickness is not less than
twenty-four inches or if the doors sliding doors or
shutters closing such opening are placed at a dis-
tance not less than twenty-four inches from each
other. Provided that the Council may consent
AMENDMENT OF THE LONDON BUILDING ACT. 223
to any such opening being of such greater height or
width as they may think fit.
(3) Whenever any buildings which have been united
cease to be in one occupation the owner thereof or if the
buildings are the property of different owners then each of
such owners shall forthwith give notice of such change of
occupation to the district surveyor, and shall cause all open-
ings uniting the same in any party wall or in any external
wall to be stopped up (unless the Council consent to such
openings or any of them being retained) with brick or stone
work not less than thirteen inches in thickness (except in
the case of a wall eight and a half inches in thickness in which
case eight and a half inches shall be sufficient) and properly
bonded with such wall and any timber placed in the wall
and not in conformity with the principal Act shall be re-
moved, and if notice be not given to the district surveyor
pursuant to this section such owner or each of such owners
shall upon conviction in a summary manner be liable to a
penalty not exceeding five pounds.
(4) Buildings shall be deemed to be united when any
opening is made in the party wall or the external walls
separating such buildings, or when such buildings are so
connected that there is access from one building to the
other without passing into the open air.
(5) The provisions of this section shall extend and apply
(a) to all openings at any time after the passing of this Act
made or proposed to be made in any party wall or two ex-
ternal walls or in any division wall notwithstanding the
existence in any such wall of an opening uniting buildings
or affording communication between divisions of a building
(as the case may be), and (b) to such buildings as if they had
not previously been united.
19 — The provisions of the principal Act with respect to Division
party walls shall extend and apply to such division walls Object to6
as are referred to in this Part of this act. Provided that JSSjjJJ?8 of
in the case of any such division wall the Council may if Act relating
they think fit consent to such departure as they may ^affirty
consider expedient from such of the said provisions as
are continued in Part VI. of and the First Schedule to the
principal Act.
224 THE L.C.C. (GENERAL POWERS) ACT, 1908.
Copy of 20 — A copy of any plans and particulars approved by
plart'cu?adrB the Council under this Part of this Act shall be furnished
coKi toby ky tne Council to the district surveyor within whose dis-
be furnished trict the building to which such plans and particulars relate
to district • Q1>linf*»
surveyor. 1S Situate.
Penalty for 21 — Any person failing to comply with any term or
comply 'with condition imposed by the Council in giving any consent
conditions. un(Jer fchjs Part of this act or failing to maintain in an
efficient condition any doors sliding doors shutters styles
or rails or bolts or other fastenings as required under this
Part of this Act shall be liable to a penalty not exceeding
twenty pounds and to a daily penalty not exceeding the
like amount.
Extending 22 — Section 202 (exemption of Government buildings) of
of Govern1, the principal Act shall be read and constructed as if the
ment build- exemption thereby conferred extended also to the pro-
visions of the London Building Acts (Amendment) Act
1905.
225
SECTION E.
THE LONDON COUNTY COUNCIL
(GENERAL) POWERS ACT, 1909.
PART III. — ACCOMMODATION FOR STORAGE OF FOOD.
SECTION PAGE
16. As to accommodation for storage of food in tenement
houses . 226
17. Application of certain provisions of Public Health
(London) Act 1891 and enforcement of this Part of Act 226, 227
18. Power to sanitary authorities &c. to enter - - - 227
19. Power to owner to enter notwithstanding provisions of
lease - 227, 228
PART IV. — AMENDMENT OF LONDON BUILDING ACTS.
20. Definition of principal Acts 228
21. Interpretation and effect of this Part of Act 228
22. Provisions with respect to buildings of iron and steel
skeleton construction - 228-241
23. Power to make regulations as to use of reinforced
concrete 241, 242
24. This Part of Act and regulations to form part of Part VI.
of London Building Act 1894 .... 242
25. Tribunal of appeal &c. 242
26. Increased fee to district surveyor in certain cases - 243, 244
27. Saving existing powers and rights - - - 244.
226
THE LONDON COUNTY COUNCIL
As to ac-
commoda-
tion for
storage of
food in
tenement
houses.
Applica-
tion of
certain
provisions
of Public
Health
(London)
Act 1891 and
enforce-
ment of
this Part of
Act.
THE LONDON COUNTY COUNCIL
(GENERAL POWERS) ACT 1909.
PART III.
ACCOMMODATION FOE STORAGE OF FOOD.
16 — If at any time it appears to any sanitary authority
*n anv tenement house within their district sufficient
and suitable accommodation for the storage of food is not
provided for the use of each family occupying such house
on the storey or one of the storeys in which are situate the
rooms or lodgings in the separate occupation of such family
the sanitary authority may if the provision of such accom-
modation is practicable cause notice to be served on the
owner of such house requiring him within such reasonable
time as may be specified in the notice to provide sufficient
and suitable accommodation for the purpose aforesaid and
any owner failing to comply with such requirement within
the period prescribed in the notice shall be liable on
summary conviction to a penalty not exceeding forty
shillings and to a daily penalty not exceeding twenty
shillings :
Provided that this section shall not apply to any tene-
ment house used or occupied as such before the passing of
this Act.
17 — The following sections of the Public Health (London)
Act 1891 shall apply and have effect in respect of this Part
of this Act as if such sections were expressly re-enacted in
and in terms made applicable thereto : —
Section 101 (Proceedings on complaint to Local
Government Board of default of sanit-
ary authority) ;
Section 112 (Powers of port sanitary authority of
Port of London) ;
(GENERAL POWERS) ACT 1909.
227
Section 115 (General provisions as to powers of Sec. 17.
entry) ;
Section 116 (Penalty on obstructing execution of
Act);
Section 117 (Summary proceedings for offences ex-
penses &c.) ;
Section 118 (Evidence by defendant) ;
Section 121 (Recovery of expenses by sanitary autho-
rity from owner or occupier) ;
Section 122 (Justice may act though member of
sanitary authority or liable to contri-
bute) ;
Section 124 (Protection of sanitary authority and
their officers from personal liability) ;
Section 125 (Appeal to quarter sessions) ;
Section 127 (Authentication of notices &c.) ;
Section 128 (Service of notices) ;
Section 133 (Application of Act to City) ;
Section 135 (Proceedings on complaint to Local
Government Board of default of Com-
missioners of Sewers) :
And for the purpose of enforcing the provisions of this
Part of this Act the sanitary authorities shall have all the
rights and powers and be subject to all the liabilities and
obligations conferred or imposed upon them by the said
sections or any of them.
18 — Any sanitary authority or any officer or person power to
duly authorised by them in that behalf shall have the right JShSStie
to enter at all reasonable times any tenement house in the &c. to
district of such sanitary authority for the purpose ofenter>
ascertaining the accommodation (if any) provided for the
storage of food in such house or of ascertaining whether
there is any contravention of the provisions of this Part of
this Act or any non-compliance with the requirements of
any notice given thereunder.
19 — For the purpose of complying with any of the pro- Power to
visions of this Part of this Act or with the requirements of eJterVot-
any notice given under any such provision it shall be lawful withstand-
for the owner of any tenement house not being the occupier 8ion8 of
thereof notwithstanding anything to the contrary contained Iea8e>
228 THE LONDON COUNTY COUNCIL
Sec. 19. in any lease underlease or agreement of or relating to such
house or any part thereof to enter such house or any part
thereof and carry out all such works and do all such things
as may be necessary to comply with any such provision
or requirement and if the occupier of such house or part
thereof suffers damage by reason of the negligent or
improper execution of such works or of anything negligently
or improperly done by the owner under the powers of this
section such occupier may apply to the petty sessional
court having jurisdiction within the district in which such
house is situate and the court may after hearing the owner
or (if after being duly summoned he shall fail to appear)
in his default make such order for compensation to be
paid by the owner as the court may deem just and
equitable.
PART IV.
AMENDMENT OF LONDON BUILDING ACTS.
Definition 20 — In this Part of this Act the expression " the
cipaFAots " principal Acts" means the London Building Acts 1894
' to 1908.
interpreta- 21 — Words and expressions used in this Part of this
effect of Act 8na^ Unle8s the context otherwise requires bear the
this Part of meanings assigned to them in the principal Acts and those
Acts and this Part of this Act may be cited together as the
London Building Acts 1894 to 1909.
For the purposes of this Part of this Act the expression
" pillar " shall unless otherwise stated mean a metal
pillar and shall include all columns and stanchions or an
assemblage of columns or stanchions properly riveted or
bolted together and the expression " girder " shall mean
a metal girder or joist and the expression " tribunal of
appeal " means the tribunal of appeal as constituted by
this Part of this Act.
Provisions 22 — Notwithstanding anything contained in the princi-
respect to Pa^ Acts requiring buildings to be enclosed with walls of the
b^dmgsof thicknesses and of the materials therein respectively de-
steel skeie- scribed it shall be lawful to erect subject to the provisions
struction. °^ tnis section buildings wherein the loads and stresses are
(GENERAL POWERS) ACT 1909.
transmitted through each storey to the foundations by a Sec. 22.
skeleton framework of metal or partly by a skeleton frame-
work of metal and partly by a party wall or party walls but
buildings so erected shall (subject to any exemptions con-
tained in the principal Acts or any of them) be subject to
or any of them and any by-laws in force thereunder as may
and comply with all such provisions of the principal Acts
not be inconsistent with or contrary to the provisions of
this section. The following are the provisions which shall
apply in respect of the construction of the skeleton frame-
work and the foundations walls floors staircases and other
parts of the structure of such buildings : —
(1) All rolled steel used in such construction shall comply
with the British standard specification for structural
steel for bridges and general building construction
from time to time in operation and every pillar or
girder shall be of iron or steel or any other structural
metal which may hereafter be standardised by the
Engineering Standards Committee :
(2) The skeleton framework of a building together with
the party wall or party walls (if any) upon which
such framework bears shall be capable of safely
and independently sustaining the whole dead load
and the superimposed load bearing upon such
framework and party wall or party walls :
(3) All pillars in the external walls of a building shall be
completely enclosed and protected from the action of
fire by a casing of brickwork terra-cotta concrete
stone tiles or other incombustible materials at least
four inches thick the whole being properly bonded
or secured together :
(4) All girders in the external walls of a building shall
be similarly enclosed and encased with brickwork
terra-cotta concrete stone tiles or other incombust-
ible materials at least four inches thick properly tied
and bonded or secured to the adjoining work but the
casing on the underside of such girders and to the
edges of the flanges thereof and plates and angles
connected therewith may be of any thickness not
less than two inches :
(5) All pillars and girders (other than pillars and girders
230 THE LONDON COUNTY COUNCIL
Sec. 22. in the external walls of a building) shall be protected
from the action of fire by being encased to the
satisfaction of the district surveyor and to a thickness
of not less than two inches in brickwork terra-cotta
concrete metal lathing and plaster or cement but
the casing on the upper surface of the upper flange
of all girders and on the lower surface of all sub-
sidiary joists may be of any thickness not less than
one inch. Wood firrings shall not be used in con-
nexion with any such casing Provided that this
subsection shall not apply in the case of buildings of
only one storey and not more than twenty-five feet
in height :
(6) Every girder shall be secured against buckling
whenever the length of the girder exceeds thirty
times the width of the compression flange and the
web of every girder shall be secured against buckling
in every case in which the depth of the web exceeds
sixty times the thickness thereof :
(7) The span of a girder shall not exceed twenty-four
times the depth of the girder unless the calculated
deflection of such girder is less than one four-
hundredth part of the span :
(8) Wherever two or more girders are arranged alongside
and closely adjacent to one another and are intended
to act together they shall be fixed together by means
of iron separators and bolts or by riveted plates or
in any other equally efficient manner approved by
the district surveyor. Separators or plates or other
members acting as separators shall not be placed at
a distance apart exceeding five times the depth of
the girders to which they are attached and shall
also be placed immediately over all supports and
immediately under -or at all concentrated loads :
(9) All girders for supporting external walls shall be
placed at the floor level of a storey or at a distance
of not more than five feet above or below such floor
level :
(10) Kivets shall be used in all cases where reasonably
practicable but where bolts are used they shall
extend through the full thickness of the nuts
attached thereto and the nuts shall in all cases be
(GENERAL POWERS) ACT 1909. 231
so secured as to avoid risk of their becoming loose. Sec. 22.
The distance from the edge of a rivet hole or bolt,
hole to the edge of the plate bar or member shall
not be less than the diameter of the rivet or bolt.
Rivets shall be so placed that their centres shall
not be closer together than three times the diameter
of the rivets. The pitch of rivets shall be measured
in a continuous straight line and such straight line
pitch in girders pillars and roofwork shall not
exceed sixteen times the thickness of the thinnest
plate bar or member through which they pass :
(11) — (A) An external wall may be of any thickness not
less than eight and a half inches for the topmost
twenty feet of its height and thirteen inches for
the remainder of its height below such topmost
twenty feet Provided that a less thickness shall
be allowed in any case in which under the London
Building Act 1894 such less thickness is prescribed
but that nothing in this subsection shall override
any of the requirements of this section in regard to
the thickness of casing in connexion with pillars
and girders and that in any case in which an
external wall or portion of an external wall is not
supported or carried or secured by metal frame-
work within the limits of height and length
prescribed by the First Schedule to the London
Building Act 1894 for the purpose of determining
the thickness of walls such external wall or portion
of external wall shall be of a thickness not less than
that prescribed by such schedule :
(B) All party walls shall be of the thicknesses
prescribed by the principal Acts :
(c) All brickwork and work in which terra-cotta
concrete stone tiles or other similar materials are
used shall be executed in Portland cement mortar
and shall be bedded close up to the metal frame-
work without any intervening cavity and all joints
shall be made full and solid. The cement so used
shall be in accordance with the British standard
specification from time to time in operation
Provided that in party walls (exclusive of any
parts thereof immediately surrounding metal
232 THE LONDON COUNTY COUNCIL
Sec. 22* framework) or other internal brickwork not con-
structed to carry loads or stresses provided for
under this section lime mortar may be used in
accordance with the provisions of the principal
Acts and any by-laws in force thereunder :
(12) — (A) No plate or bar in any steel or wrought-iron
pillar shall in any part be less than a quarter of an
inch thick and the bases of all such pillars shall be
at right angles to the axis :
(B) All joints in such pillars shall be close butted
with cover-plates properly riveted and all joints
between such pillars shall be properly fixed and
made and unless unavoidable no joint shall be
made between such pillars except at or as near
as may be reasonably practicable to the level of a
girder properly secured to such pillars :
(c) The foot of every such pillar shall have a proper
base-plate riveted thereto with sufficient gusset
pieces to distribute properly the load on the
foundations and the gusset pieces shall have
sufficient rivets to transmit the whole of the load
on to the base-plates :
(D) Where any such pillars are built up hollow the
cavities shall either be filled up with concrete or
be covered in at both ends by metal plates riveted
thereto :
(13) — (A) The width of every cast-iron pillar shall be not
less than five inches and the metal of which such
pillar is composed shall not be in any part of less
thickness than three-quarters of an inch or one-
twelfth of the least width of such pillar (whichever
shall be the greater) :
(B) The cap and base of every such pillar shall be
in one piece with the pillar or be connected thereto
with a properly turned and bored joint sufficiently
fixed :
(c) The ends of all such pillars shall be at right
angles to the axis :
(D) All joints between such pillars shall be at or
as near as may be reasonably practicable to the level
of a girder properly secured to such pillars and shall
be fixed and made with not fewer than four bolts
(GENERAL POWERS) AC? 1909. • 233
of not less diameter than the least thickness of metal Sec. 22.
in the pillar. If more than four bolts are used the
diameter of the bolts may be reduced proportion-
ately but no bolt shall be less than three-quarters
of an inch in diameter :
(E) The base of every such pillar shall have such
area as may be necessary to distribute properly the
load on the foundations :
(14) The base of every pillar shall be properly bedded
so as to transmit uniformly the load upon such
pillar to the foundations :
(15) The stress in any metal interposed between the
ends of a superimposed pillar and a pillar beneath
shall not exceed the stress on the superimposed
pillar and the least width across such interposed
metal shall not be less than the least width of the
superimposed pillar :
(16) All floors and staircases (together with their enclos-
ing walls) shall be constructed throughout of fire-
resisting materials and be carried upon supports of
fire-resisting materials :
(17) All structural metal work comprised in the skeleton
framework of a building shall be cleaned of all scale
dust and loose rust and be thoroughly coated with
one coat of boiled oil tar or paint before erection and
after erection shall receive at least one additional
coat. Where such metalwork is to be embedded or
encased in brickwork terra-coata concrete stone tiles
or other incombustible materials one coat of Portland
cement wash of adequate consistency applied after
erection may be used in lieu of coats of oil tar or
paint :
(18) (A) The dead load of a building shall consist of the
actual weight of walls floors roofs partitions and all
other permanent construction comprised in such
building :
(B) The superimposed load in respect of a building
shall consist of all loads other than the dead load :
(c) For the purpose of calculating the loads on
foundations pillars (including brick pillars) piers
walls framework girders and other constructions
carrying loads in buildings the superimposed load
234 THE LONDON COUNTY COUNCIL
Sec. 22. on each floor and on the roof shall be estimated as
equivalent to the following dead load : —
For a floor intended to be used wholly or princi-
pally for the purposes of human habitation or for
domestic purposes seventy pounds per square
foot of floor area ;
For a floor intended to be used wholly or
principally for the purpose of an office or a
counting house or for any similar purpose one
hundred pounds per square foot of floor area ;
For a floor intended to be used wholly or
principally for the purpose of a workshop or
retail shop one hundred and twelve pounds per
square foot of floor area :
For every floor in a building of the warehouse
class not intended to be used wholly or princi-
pally for any of the purposes aforesaid not less
than two hundred and twenty-four pounds per
square foot of floor area. In every building of
the warehouse class a notice shall be exhibited
in a conspicuous place on each storey of such
building stating the maximum superimposed
load per square foot which may be carried on the
floor of such storey ;
For a roof the plane of which inclines upwards
at a greater angle than twenty degrees with the
horizontal the superimposed load (which shall
for this purpose be deemed to include wind
pressure) shall be estimated at twenty-eight
pounds per square foot of sloping surface ;
For all other roofs the superimposed load shall
be estimated at fifty-six pounds per square foot
measured on a horizontal plane :
Provided that if the superimposed load on any
floor or roof is to exceed that hereinbefore specified
for such floor or roof such greater load shall be
provided for pursuant to subsection (2) of this
section :
Provided also that in the case of any floor in-
tended to be used for a purpose for which a super-
imposed load is not specified in this subsection the
superimposed load to be carried on such floor
(GENERAL POWERS) ACT, 1909. 235
shall be provided for pursuant to the said sub- Sec. 22.
section (2) :
(19) For the purpose of calculating the total load to be
carried on foundations pillars (including brick
pillars) piers and walls in buildings of more than
two storeys in height the superimposed loads for
the roof and topmost storey shall be calculated in
full in accordance with the last preceding sub-
section of this section but for the lower storeys a
reduction of the superimposed loads shall be al-
lowed as follows : —
For the storey next below the topmost storey
a reduction of five per centum of the full super-
imposed load for such next storey calculated as
aforesaid ;
For the next succeeding lower storey a reduc-
tion of ten per centum of the full superimposed
load for such storey calculated as aforesaid and
for each succeeding lower storey a further reduc-
tion of five per centum of the full superimposed
load for each such storey calculated as aforesaid
Provided always that the total reduction in
respect of any storey shall not exceed fifty per
centum of the full superimposed load for such
storey ;
No such reduction as aforesaid shall be allowed
in the case of a building of the warehouse class ;
(20) All buildings shall be so designed as to resist safely
a wind pressure in any horizontal direction of not
less than thirty pounds per square foot of the
upper two-thirds of the surface of such buildings
exposed to wind pressure :
(21) — (A) The working stresses on pillars of cast iron
or mild steel due to the loads thereon (other than
stresses induced by wind pressure) shall not exceed
those specified in the two next following tables
according to the several ratios therein specified
or a proportionate load for intermediate or other
ratios : —
236
Sec. 22.
LONDON COtTNT? GOtitfClL
CAST-IRON PILLARS.
Ratio of
Working Stresses in Tons per Square
Inch of Net Section.
Rad'us of
Gyration.
Hinged
Ends.
One End hinged
and one End
fixed.
Both Ends
fixed.
20
3-5
4-0
4-5
30
3-0
3-5
4-0
40
2'5
3-0
3-5
50
2-0
2-5
3-0
60
1-5
2-0
2-5
70
1-0
1-5
2-0
80
•5
1-0
1-5
MILD STEEL PILLARS.
Working Stresses in Tons per Square
Ratio of
lllCil Ul rU'CUUMl.
Length to least
Radius of
Gyration.
Hinged
Ends.
One End hinged
and one End
fixed.
Both Ends
fixed.
20
4-0
5-0
6-0
40
3-5
4-5
5-5
60
3-0
4-0
5-0
80
2-5
3-5
4-5
100
2-0
3-0
4-0
120
1-0
2-5
3-5
140
o-o
2-0
3-0
160
1-0
• 2-5
180
o-o
1-5
200
0-5
210
o-o
(B) The working stresses on wrought-iron pillars
due to the loads thereon (other than stresses induced
by wind pressure) shall not exceed two-thirds of
the stresses hereinbefore specified with respect to
mild steel pillars :
(c) Any such pillar eccentrically loaded shall have
the stresses caused by such eccentricity computed
and the combined stresses resulting from such
(GENERAL POWERS) ACT, 1909.
237
eccentricity at any part of such pillar when added Sec. 22.
to all other stresses at that part shall in no case
exceed the working stresses specified in this sub-
section :
Provided that working stresses exceeding those
specified in paragraphs (A) (B) and (c) of this sub-
section by not more than twenty-five per centum
may be allowed in cases in which such excess is
due to stresses induced by wind pressure :
(D) The eccentric load of a pillar shall be con-
sidered to be distributed uniformly over the area
of the cross section of such pillar at the next lower
level at which such pillar is fixed and secured in
the direction of eccentricity :
(22) The working stresses of iron and steel (except in the
case of pillars as hereinbefore provided) shall not
exceed the following : —
Working Stresses in Tons per Square Inch.
Tension.
Com-
pression.
Shearing.
Bearing.
Cast iron
Wrought iron -
Mild Steel - -
1-5
5
7-5
8
5
7-5
1-5
4
5-5
10
7
11
(23) In the case of any rivet used in double shear the
working shear on such rivet shall not exceed one
and three-quarter times the working shear allowed
under this section on a like rivet when used in
single shear :
(24) The pressures of foundations on the natural ground
shall not exceed the following : —
Natural bed of soft clay or wet or loose sand -
Natural bed of ordinary clay or confined sand
Natural bed of compact gravel London blue
clay or chalk
Tons per
Square Foot.
238 THE LONDON COUNTY COUNCIL
Sec. 22« (25) The pressure on concrete foundations shall not
exceed twelve tons per square foot :
(26) No disengaged brick pillar shall have a height
without proper lateral supports of more than six
times its least width but any such pillar with
proper lateral supports may have a height between
such supports not more than twelve times the least
width of such pillar Such width shall in no case
be less than thirteen-and-a-half inches :
(27) The pressure on any brickwork shall not exceed the
following : —
Tons per
Square Foot.
Blue brick in cement mortar -
12
Hard brick (including London stock) in
cement mortar
8
Ordinary brick in cement mortar -
5
(28) The Council may prescribe the materials and the
proportions of the materials to be used in any
concrete provided under the provisions of this
section to which the provisions of the principal
Acts or any of them or any by-laws in force there-
under do not apply :
(29) It shall be lawful to make any addition to or alter-
ation of or to do other work to in or upon a
building un accordance with the provisions of this
section provided that the loads and stresses in the
part of a building so added to or altered or in or
upon which such other work is done are transmitted
from the roof to the foundations by a skeleton
framework of metal or partly by a skeleton frame-
work of metal and partly by a party wall or party
walls and the provisions of this section shall in all
respects apply to such part of a building as if the
same were a separate building :
(30) Any structural metal hereafter standardised by the
Engineering Standards Committee as before men-
tioned shall be used in the erection of buildings or
additions alterations or other work made or done
(GENERAL POWERS) ACT, 1909. 239
under the provisions of this section only subject to Sec. 22.
such terms and conditions as the Council may
think fit to attach either generally or in any
particular case to the use of such metal but any
person dissatisfied with any term or condition
attached by the Council may appeal to the tribunal
of appeal. Any person failing to comply with any
such term or condition attached by the Council or
(in the event of appeal) by the tribunal of appeal
shall be liable to a penalty to be recoverable in a
summary manner not exceeding twenty pounds
and to a daily penalty not exceeding the like
amount :
(31) In the case of the erection of a new building of
metal skeleton framework or the making of any
addition or alteration or the carrying out of other
work under the provisions of this section the notice
required to be served on the district surveyor
under section 145 of the London Building Act 1894
shall be accompanied (A) in the case of a new
building by plans and sections of sufficient detail
to show the construction thereof together with a
copy of the calculations of the loads and stresses to
be provided for and particulars of the materials to
be used and should such plans sections calculations
or particulars be in the opinion of the district
surveyor not in sufficient detail the person de-
positing the same shall furnish the district surveyor
with such further plans sections calculations or
particulars as he may reasonably require and (B) in
the case of an alteration or addition or other work
as aforesaid by such plans sections calculations and
particulars as the district surveyor may reasonably
require :
(32) The district surveyor may for the purpose of due
supervision of the construction of a building require
to be furnished with reasonable proof as to the
quality of metal to be used in such construction
and may if not furnished with such proof or for
any other reason require the builder or other person
causing or directing the work to be executed to
make any tests which the district surveyor may
240 THE LONDON COUNTY COUNCIL
Sec. 22- consider necessary and to drill any pillar (in all
cases if reasonably practicable before the same is
encased) at any point to ascertain its thickness :
(33) Any person dissatisfied with any requirement of the
district surveyor under this section may within
fourteen days of the date of the service of a notice
from the district surveyor of such requirement
appeal to a petty sessional court who may make an
order affirming such requirement or otherwise and
every builder or other person failing to comply
with any such order shall be liable to a penalty
(to be recoverable in a summary manner) not ex-
ceeding twenty pounds a day during every day of
the continuance of the non-compliance with such
order :
(34) In order to facilitate the erection of buildings of
metal skeleton framework it shall be lawful for the
Council to modify or waive any of the requirements
of subsections (3) (4) (5) (8) (9) (11) (12) (B) (17)
(20) (24) and (26) of this section upon and subject
to such terms and conditions as they may think fit
and any person dissatisfied with the refusal of the
Council to modify or waive any of such require-
ments or with any term or condition which the
Council may attach to any modification or waiver
may appeal to the tribunal of appeal. Any person
failing to comply with any term or condition
attached by the Council or (in the event of appeal)
by the tribunal of appeal to such modification or
waiver shall be liable to a penalty to be recoverable
in a summary manner not exceeding twenty pounds
and to a daily penalty not exceeding the like
amount :
(35) If the Council within the period of one month or
in the event of such period of one month commenc-
ing or expiring on any day between the eighth day
of August and the fourteenth day of September
(both inclusive) then within a period of two months
after the receipt of a written application for the
modification or waiver of any of the requirements
of this section which the Council are empowered to
waive or modify fail to give notice to the applicant
(GENERAL POWEES) ACT, 1909. 241
of their refusal or grant thereof the Council shall Sec. 22.
be deemed to have granted such application.
23 — (1) The Council may make regulations with respect power to
to the construction of buildings wholly or partly of ™jjfation8
reinforced concrete and with respect to the use and com* as to use of
position of reinforced concrete in such construction and for
the purpose of framing such regulations may carry out
such investigations and make such tests as they may deem
necessary and the provisions of this section and of any such
regulations shall (subject to any exemptions contained in
the principal Acts or any of them) have affect notwith-
standing any provisions of the said Acts or any of them or
any by-law in force thereunder which may be inconsistent
therewith or contrary thereto.
(2) Subject to such regulations as aforesaid buildings
may be constructed wholly or partly of reinforced concrete
but except as provided by this section or by such regula-
tions buildings so constructed shall (subject to any exemp-
tions contained in the principal Acts or any of them) be
subject to and comply with all such provisions of the said
Acts or any of them and of any by-laws in force there-
under as may not be inconsistent with or contrary to the
provisions of this section or any regulations in force there-
under.
(3) No such regulations shall have any force or effect
unless or until they shall have been submitted to and
confirmed at a meeting of the Council subsequent to that
at which the regulations shall have been made nor shall
any such regulations have any force or effect until the
same shall have been allowed by the Local Government
Board.
(4) The Council shall give to the Surveyors' Institution
the Institution of Civil Engineers the Eoyal Institute of
British Architects and the Concrete Institute notice of
their intention to apply to the Local Government Board
for allowance of any regulations made under this sec-
tion.
(5) All regulations made and confirmed and allowed as
aforesaid shall be published in the London Gazette and
printed and hung up at the County Hall and be open to
public inspection without payment and copies thereof shall
16
242 THE LONDON COUNTY COUNCIL
Sec. 23* be delivered to any person applying for the same on
payment of such sum not exceeding twopence as the
Council shall direct and such regulations when so published
shall come into operation upon a date to be fixed by the
Local Government Board in allowing the regulations and
the production of a printed copy of such regulations
authenticated by the seal of the Council shall be evidence
of the existence and of the due making allowance and
publication of such regulations in all prosecutions or other
proceedings under the same without adducing proof of such
seal or of the fact of such making confirmation allowance
or publication of such regulations.
This part of 24 — The foregoing provisions of this Part of this Act
regulations an^ anv regula^ons m force thereunder shall be deemed
to form to form part of Part VI. of the London Building Act -1894
viroffPartand this Part of this Act and any references in the princi-
ain Pal Acts to the said Act of 1894 or anv •Part tnereof shall
be construed accordingly.
Tribunal of 25 — (1) For the purposes of this Part of this Act the
appeal, &c. triDunal of appeal shall consist of the three members of the
tribunal of appeal from time to time appointed under
section 175 of the London Building Act 1894 and of one
member appointed by the Council of the Institution of
Civil Engineers.
(2) In the event of there being an equality of votes on
the tribunal of appeal on any matter arising under this
Part of this Act the member acting as the chairman of
such tribunal for the time being shall have a second or
casting vote.
(3) Kegulations made or to be made under section 184
of the London Building Act 1894 shall apply to appeals
under this Part of this Act to the tribunal of appeal.
(4) Subject to the provisions of this section the pro-
visions of section 156 and sections 175 to 186 (inclusive) of
the London Building Act 1894 shall apply to the tribunal
of appeal and appeals thereto under this part of this Act
as if the tribunal of appeal referred to in those sections
were the tribunal of appeal constituted by this part of this
Act.
(GENERAL POWERS) ACT, 1909. 243
26 — (1) Where under the provisions of this Part of this increased
Act or any regulations in force thereunder any building is Strict
erected or any addition or alteration or other work is made surveyor in
or done to or on any building the district surveyor shall caseB.n
be entitled with regard to such building addition altera-
tion or other work to a fee equal to two and a half times
the amount of the fee specified with regard to new buildings
in Part I. of the Third Schedule to the London Building
Act 1894 calculated as follows : —
New Buildings.
Upon the area and height of the building as specified in
the said Part I. of the said Third Schedule.
Additions.
Upon the area and height of the addition (including
therein such portion of the building as may be struc-
turally affected by any alteration or other work
necessitated by or involved in the making of the
addition) as if such addition had been a new building
of the same area and height.
Alterations and other Works.
Upon the area and height of the portion of the building
structurally affected by the alteration or other work
(not necessitated by or involved in the making of an
addition) as if such portion had been a new building
of the same area and height.
Provided that in calculating the fees payable under this
section no regard shall be had to the proviso contained in
the said Part I. of the said Third Schedule.
Provided also that the fees payable to the district sur-
veyor in respect of arches or fire-resisting floors over or
under public ways the formation or closing of openings in
party walls and on chimneys and flues shall be those
specified in the said Part I. of the said Third Schedule.
(2) One-fifth of the amount of any fee payable under
this section shall be paid to the district surveyor at the
time when notice is served on him under section 145 of
the London Building Act 1894.
244 THE LONDON COUNTY COUNCIL.
Sec. 26» (3) Subject to the provisions of this section all the
provisions of the London Building Act 1894 relating to
the payment to and recovery by the district surveyor of
fees shall extend and apply to the fees provided for by
this section.
saving 27 — The provisions of this Part of this Act and any
pow^nfand regulati°ns m force thereunder shall not apply in the case
Sghts.saa of the erection or alteration of or the making of an addi-
tion to or the doing of other work to in or upon any
building in accordance with the provisions of the principal
Acts and nothing in this Part of this Act or in any regula-
tions in force thereunder shall take away or prejudice any
powers rights privileges or exemptions vested in or enjoyed
by any person under the principal Acts or any of them.
245
SECTION F.
SECTIONS OF VARIOUS ACTS WHICH
RELATE TO BUILDINGS AND ARE
IN FORCE AT THE PRESENT TIME.
SUMMARY OF ACTS.
PAGE
The Metropolis Management Act, 1855 247-257
The Metropolis Local Management Acts Amendment Act,
1862 - - - 258-265
The Metropolis Management and Building Acts Amendment
Act, 1878 - 266-274
Metropolis Management (Thames River Prevention of Floods)
Amendment Act, 1879 275-301
Metropolitan Board of Works (Various Powers) Act, 1882 303, 304
The London County Council (General Powers) Act, 1890 305-307
The Metropolis Management Amendment Act, 1890 - 309-314
The Public Health (London) Act, 1891 — relating to under-
ground rooms &c. 315-318
The Public Health (London) Act, 1891 — relating to work-
shops, bakehouses, &c. 320-327
Factory and Workshop Act, 1901 — relating to health, safety,
and means of escape in case of fire, and sanitary ac-
commodation - 328-343
Factory and Workshop Act, 1907 — relating to laundries and
certain institutions 344-350
246
THE METEOPOLIS MANAGEMENT ACT, 1855.
18 & 19 VICTV c. 120.
SECTION PAGE
71. Gullyholes, &c., to be trapped 247
73. 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 247, 248
74. Provision of combined drainage of blocks of houses 248, 249
75. No house to be built without drains constructed to the
satisfaction of the Vestry or District Board - - 249
76. Notice of buildings to be given to the Vestry or District
Board before commencing the same - - - 249, 250
77. Power to branch drains into sewers constructed by
Metropolitan Board, or any Vestry or District Board,
under certain regulations. Penalty - 250, 251
82. Powers for Vestries and District Boards to authorise
inspection of drains, privies, and cesspools - - - 251
85. Vestry or District Board to cause drains, &c., to be
put into proper condition, &c., where necessary - - 251
101. Vaults and cellars under streets not to be made
without the consent of the Vestry or Board - 251, 252
102. Vaults, &c., under streets to be repaired by owners or
occupiers - 252
105. Provisions for paving new streets - 252, 253
119. Owners, &c., to remove future projections, on notice
from Vestry or District Board. Penalty for neglect 253
120. Vestry or District Board may remove existing pro-
jections, and make compensation for the same - - 254
121. Hoards to be erected during repairs. Penalty on not
erecting hoards 254
122. No hoard to be erected without license from Vestry or
District Board 255
123. 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 255
BY-LAWS.
202. Power to Metropolitan Board of Works to make by-
laws. Penalty for breach of by-laws. Power to
Justices to remit penalties 256
203. Publication of by-laws. Evidence of by-laws - - 257
204. Buildings not to be made over sewers without consent 257
247
THE METROPOLIS MANAGEMENT
ACT, 1855.
18 & 19 VICT., c. 120.
This Act is still in force (see Fourth Schedule, L.B.A.,
1894, page 164), the portions repealed being — Section 142,
and in Section 202 the words " the plans, level, width,
surface, inclination, &c.," and the words "and the plans
and level of sites for building."
The following clauses relate to buildings : —
71 — Every District Board and Vestry shall, by pro- Guiiyhoies,
viding proper traps or other coverings, or by ventilation, tapped!6
or by such other ways and means as shall be practicable
for that purpose, prevent the effluvia of sewers from
exhaling through gullyholes, gratings, or other openings
of sewers in any of the-, streets or other places within their
district or parish.
73 — If any house or building, whether built before or vestry or
after the commencement of this Act, situate within any j^reun
such parish or district, be found not to be drained by a certain
sufficient drain communicating with some sewer and compel^
emptying itself into the same, to the satisfaction of the JJfousetto
Vestry or Board of such parish or district, and if a sewer construct
of sufficient size be within one hundred feet of any part the^com^0
of such house or building, on a lower level than such house mon sewer,
or building, it shall be lawful for the Vestry or Board at
their discretion, by notice in writing, to require the owner
of such house or building forthwith, or within such reason-
able time as may be appointed by the Vestry or Board, to
construct and make from such house or building into any
such sewer a covered drain, and such branches thereto, of
such materials, of such size, at such level and with such
fall as shall be adequate for the drainage of such house or
building and its several floors or stories, and also of its
248 THE METROPOLIS MANAGEMENT ACT, 1855.
Sec. 73. areas, water-closets, privies, and offices (if any), and for
conveying the soil, drainage, and wash therefrom into the
said sewer, and to provide fit and proper paved or imper-
meable sloped surfaces for conveying surface water thereto,
and fit and proper sinks, and fit and proper syphoned or
otherwise trapped inlets and outlets for hindering stench
therefrom, and fit and proper water supply and water
supplying pipes, cisterns, and apparatus for scouring the
same and for causing the same to convey away the soil,
and fit and proper sand traps, expanding inlets, and other
apparatus for hindering the entry of improper substances
therein, and all other such fit and proper works and
arrangements as may appear to the Vestry or Board, or
to their officers, requisite to secure the same and proper
working of the said drain, and to prevent the same from
obstructing or otherwise injuring or impeding the action
of the sewer to which it leads ; and it shall be lawful for
the said Vestry or Board to cause the said works to be
inspected while in progress, and from time to time during
their execution to order such reasonable alterations therein,
additions thereto, and abandonment of part or parts thereof,
as may to the Vestry or Board or their officers appear, on
the fuller knowledge afforded by the opening of the ground,
requisite to secure the complete and perfect working of
such works ; and if the owner of such house or building
neglect or refuse, during twenty-eight days after the said
Penalty on notice has been delivered to such owner, or left at such
&CM for house or building, to begin to construct such drain and
neglect. other works aforesaid, or any of them, or thereafter fail to
carry them on and complete them with all reasonable
despatch, it shall be lawful for the Vestry or Board to
cause the same to be constructed and made, and to recover
the expenses to be incurred thereby from such owner in
the manner hereinafter provided.
r
Provision 74 — If it appear to the Vestry or Board of any parish
Snedm or district that a group or block of contiguous houses,
drainage of or of adjacent detached or semi-detached houses, may
blocks Of i -i • n -i • T n 1
houses. be drained and improved more economically or advan-
tageously in combination than separately, and a sewer of
sufficient size already exist or be about to be constructed
within one hundred feet of any part of such group or
THE METROPOLIS MANAGEMENT ACT, 1855. 249
block of houses, whether contiguous, detached, or semi- Sec 74.
detached, it shall be lawful for such Board or Vestry
to order that such group or block of houses be drained
and improved, as hereinbefore provided, by a combined
operation.
75 — It shall not be lawful to erect any house or other NO house to
building in any parish mentioned in Schedule (A.) to jjftjjjj}*
this Act, or in any district mentioned in Schedule (B.) to drainage
this Act, or to rebuild any house or building within any Sructed to
such parish or district which has been pulled down to or factSrfof
below the floor commonly called the ground floor, or to the vestry
occupy any house or building so newly built or rebuilt, Board!"
unless a drain and such branches thereto, and other con-
nected works and apparatus and water supply as herein-
before mentioned, be constructed and provided to the
satisfaction of the surveyor of the Vestry of such parish
or Board of Works for such district, of such materials, of
such size at such level and with such fall as they may
direct, so that the same shall be available for the drainage
of the lowest floor of such house or building, and of its
several floors or stories, and also of its areas, water-closets,
privies, and offices (if any), which drain shall lead from
such house or building, or the intended site of such house
or building, to such sewer, already made or intended to
be constructed near thereto, as the Vestry or Board shall
direct and appoint, or if there be no such sewer existing
or intended to be constructed within one hundred feet of
any part of the intended site of such house or building,
then to such covered cesspool or other place not being
under any dwelling-house, as the Vestry or Board shall
direct ; and whenever any house or building is rebuilt as
aforesaid, the level of the lowest floor of such house or
building shall be raised sufficiently to allow of the con-
struction of such a drain and such branches thereto and
other works and apparatus as are hereinbefore required,
and for that purpose the levels shall be taken and
determined under the direction of the Vestry or District
Board.
76 — Before beginning to lay or dig out the foundation
of any new house or building within any such parish
250 THE METROPOLIS MANAGEMENT ACT, 1855.
Notice of
buildings to
be given to
the Vestry
or District
Board be-
fore com-
mencing
the same.
Sec. 76. or district, or to rebuild any house or building therein, and
also before making any drain for the purpose of draining
directly or indirectly into any sewer under the jurisdiction
of the Vestry or Board of or for any such parish or district,
seven days' notice in writing shall be given to the Vestry
or Board by the person intending to build or rebuild such
house or building or to make such drain ; and every such
foundation shall be laid at such level as will permit the
drainage of such house or building in compliance with this
Act, and as the Vestry or Board shall order, and every
such drain shall be made in such direction, manner, and
form, and of such materials and workmanship, and with
such branches thereto and other connected works and
apparatus and water supply as hereinbefore mentioned,
and as the Vestry or Board shall order, and the making
of every such drain shall be under the survey and control
of the Vestry or Board ; and the Vestry or District Board
shall make their order in relation to the matters aforesaid,
and cause the same to be notified to the person from whom
such notice was received within seven days after the receipt
of such notice, and in default of such notice, or if such
house, building, or drain, or branches thereto or other
connected works and apparatus and water supply, be
begun, erected, made, or provided in any respect contrary
to any order of the Vestry or Board made and notified as
aforesaid, or the provisions of this Act, it shall be lawful
for the Vestry or Board to cause such house or building
to be demolished or altered, and to cause such drain or
branches thereto and other connected works and apparatus
and water supply to be relaid, amended, and remade, or,
in the event of omission, added, as the case may require,
and to recover the expenses thereof from the owner thereof
in the manner hereinafter provided.
Power to
branch
drains into
sewers con-
structed
by Metro-
politan
Board or
any Vestry
or District
Board
under
certain re-
gulations.
77 — It shall be lawful for any person, at his own ex-
pense, to make or branch any drain into any of the sewers
vested in the Metropolitan Board of Works or any Vestry
or District Board under this Act, or authorised to be
made by them under this Act, such drain being of such a
size, and of such conditions, and branched to such sewer,
in such a manner and form of communication in all re-
spects as the Vestry or Board shall direct or appoint ; and
THE METROPOLIS MANAGEMENT ACT, 1855. 251
in case any person make or branch any drain into any of Sec. 77.
the said sewers so vested in the Vestry or Board, or
authorised to be made by them under this Act, of a larger
size, or of different conditions, or in a different manner
and form of communication than shall be directed or ap-
pointed by the Vestry or Board, every person so offending
shall for every such offence forfeit a sum not exceeding
fifty pounds.
82 — It shall be lawful for any such Vestry or Board-, Penalty,
or for their surveyor or inspector, or such other person vestries0'
as they appoint, to inspect any drain, water-closet, privy, and
cesspool, or water supply apparatus, or sinks, traps, Boards to
syphons, pipes, or other works or apparatus connected ^^jj^
therewith, within the parish or district of such Vestry or of drains,
Board, and for that purpose, at all reasonable times in
daytime, after twenty-four hours' notice in writing has been
given to the occupier of the premises to which such drain,
water-closet, privy, cesspool, or water supply apparatus,
or other connected works or apparatus as aforesaid, is
attached, or left upon the premises, or in case of emergency
without notice to enter, by themselves, or their surveyor or
inspector and workmen, upon any premises, and cause the
ground to be opened in any place they think fit, doing as
little damage as may be.
85 — If, upon such inspection as aforesaid, any drain, vestry or
\vater-closet, privy or cesspool appear to be in bad order g^^*
and condition, or to require cleansing, alteration or amend- to cause
ment, or to be filled up, the Vestry or Board shall cause to*beputc '
notice in writing to be given to the owner or occupier of j.on°d?tion!r
the premises upon or in respect of which the inspection &c., where
was made, requiring him forthwith, or within such reason- n€
able time as shall be specified in such notice, to do the
necessary works ; and if such notice be not complied with
by the person to whom it is given the Vestry or Board
may, if they think fit, execute such works, and the expenses
incurred by them in so doing shall be paid to them by the
owner or occupier of the premises.
101 — No vault, arch, or cellar shall be made under any
street without the consent of the Vestry or District Board
252 THE METROPOLIS MANAGEMENT ACT, 1855.
Sec. 101« of the parish or district in which the same is situate ; and
Cellars and a^ sucn Vam" ts> arches, and cellars hereafter to be made
under within any parish or district mentioned in either of the
Sjbemade Scnedules (A-) and (B0 to tm's Act sna11 be substantially
without the made, and so as not to interfere or communicate with any
consent of , . ' -, , , , _T T^' i • ,
the Vestry dram or sewer under the control of any Vestry or District
or Board. Board, or of the Metropolitan Board of Works, without
their consents respectively first obtained ; and if any vault,
arch, or cellar be made contrary to this provision it shall be
lawful for the Vestry or District Board, or for the Metro-
politan Board of Works, to fill up or alter the same, and
the expenses incurred thereby shall be paid by the owner
of such vault, arch, or cellar.
vaults, &c., 102 — All vaults, arches, and cellars made either before
streets to or a^er ^ne commencement of this Act under any street
be repaired in any parish or district mentioned in either of the
or cScu*™ Schedules (A.) and (B.) to this Act, and all openings into
piers. the same in any such street, shall be repaired and kept in
proper order by the owners or occupiers of the houses or
buildings to which the same respectively belong ; and in
case any such vault, arch, or cellar be at any time out of
repair, it shall be lawful for the Vestry or District Board
of such parish or district to cause the same to be repaired
and put into good order, and to recover the expenses thereof
from such owner in the manner hereinafter provided.
C8
Provisions 105 — In case the owners of the houses forming the greater
J°3rwpavmg part of any new street laid out or made or hereafter to be
streets. laid out or made, which is not paved to the satisfaction of
the Vestry or District Board of the parish or district in
which such street or district is situate, be desirous of
having the same paved, as hereinafter mentioned, or if such
Vestry or Board deem it necessary or expedient that the
same should be so paved, then and in either of such cases
such Vestry or Board shall well and sufficiently pave the
same, either throughout the whole breadth of the carriage-
way and footpaths thereof, or any part of such breadth,
and from time to time keep such pavement in good and
sufficient repair ; and the owners of the houses forming
such street shall, on demand, pay to such Vestry or Board
the amount of the estimated expenses of providing and
THE METROPOLIS MANAGEMENT ACT, 1855. 253
laying such pavement (such amount to be determined by Sec. 105.
the surveyor for the time being of the Vestry or Board) ;
and in case such estimated expenses exceed the actual
expenses of such paving, then the difference between such
estimated expenses and such actual expenses shall be
repaid by the said Vestry or Board to the owners of houses
by whom the said sum of money has been paid ; and in
case the said estimated expenses be less than the actual
expenses of such paving, then the owners of the said houses
shall, on demand, pay to the said Vestry or Board such
further sum of money as, together with the sum already
paid, amounts to such actual expenses.
119 — If any porch, shed, projecting window, step, Owners,
cellar door or window, or steps leading into any cellar or ^Cmove
otherwise, lamp, lamp post, lamp iron, sign, sign post, sign future pro-
iron, snowboard, window shutter, wall, gate, fence, or open- n^icefrom
ing, or any other projection or obstruction placed or made Eiltr?ct°r
against or in front of any house or building after the com- Board,
mencement of this Act, shall be an annoyance, in conse-
quence of the same projecting into or being made in or
endangering or rendering less commodious the passage
along any street in their parish or district, it shall be
lawful for the Vestry or District Board to give notice in
writing to the owner or occupier of such house or building
to remove such projection or obstruction, or to alter the
same in such manner as the Vestry or Board think fit ;
and such owner or occupier shall, within fourteen days
after the service of such notice upon him, remove such
projection or obstruction, or alter the same in the manner
directed by the Vestry or Board; and if the owner or
occupier of any such house or building neglect or refuse, penalty for
within fourteen days after such notice, to remove suchneglect-
projection or obstruction, or to alter the same in the
manner directed by the Vestry or Board, he shall forfeit
any sum not exceeding five pounds, and a further sum
not exceeding forty shillings for every day during which
such projection or obstruction continues after the ex-
piration of such fourteen days from the time when he
may be convicted of any offence contrary to the provisions
hereof.
254 THE METROPOLIS MANAGEMENT ACT, 1855.
Vestry or 12Q — It shall be lawful for every Vestry and District
Board.0 may Board, if any projection or obstruction which has been
exSSng place(l or made against or in front of any house or building
projections in any such street before the commencement of this Act
compensa- sna^ be an annoyance as aforesaid, to cause the same to be
tion for the removed or altered as they think fit. Provided always
that the Vestry or Board shall give notice in writing of
such intended removal or alteration to the owner or occu-
pier against or in front of whose house or building such
projection or obstruction shall be, seven days before such
removal or alteration shall be commenced, and shall make
reasonable compensation to every person who shall incur
any loss or damage by such removal, excepting in cases
where the obstruction or projection may now be removable
under any Act, in which case no compensation shall be
made.
Hoards to 121 — Every person who shall build or begin to build,
durlnegcted ' or ta^e down or begin to take down, any house, building,
repairs. or wall, or alter or repair, or begin to alter or repair, the
outward part of any house, building, or wall, shall, in all
cases in which the footway is thereby obstructed or ren-
dered inconvenient, cause to be put up a proper and suffi-
cient hoard or fence, with a convenient platform and
handrail, if there be room enough for the same, to serve as
a footway for passengers outside of such hoard or fence,
and shall continue such hoard or fence, in such cases as
aforesaid, with such platform and handrail, standing and in
good condition, to the satisfaction of the Vestry or District
Board of the parish or district in which such house, build-
ing, or wall is situate, during such time as may be neces-
sary for the public safety or convenience, and shall, in all
cases in which the same is necessary to prevent accidents,
cause such hoard or fence to be well lighted during the
Penalty on night ; and every such person who fails to put up such
fng hoards noard or fence an<l such platform, with such handrail as
aforesaid, or who does not, whilst the said hoard or fence
is standing, keep the same well lighted during the night,
shall for every such offence forfeit a sum not exceeding
five pounds, and a further sum not exceeding forty shillings
for every day during the continuance of such default.
THE METROPOLIS MANAGEMENT ACT, 1855. 255
122 — It shall not be lawful for any person to erect or NO hoard to
set up in any street any hoard or fence or scaffold for any wtthouted
purpose whatever, or any posts, bars, rails, boards, or*icense
other things by way of inclosure, for the purpose of making vestry or
mortar, or of depositing bricks, lime, rubbish, or other B0^rdCt
materials, without a license in writing first had and ob-
tained from the clerk or surveyor of the Vestry or District
Board of the parish or district in which such street is
situate ; and every such license shall state the place where
and the purpose for which such hoard or fence, scaffold, or
inclosure is to be set up or made, and the size thereof, and
the time for which it is to be permitted to continue.
123 — If any person erect or set up in any street any if hoard be
hoard or fence or scaffold for any purpose whatever, or any ^Serial?
posts, bars, rails, boards, or other things by way of inclosure, be de-
for the purpose of making mortar, or of depositing bricks, anylted
lime, rubbish, or other materials, without a license from ™JJ?Sise
the Vestry or District Board, or do any such act as afore- than to the
said in any other manner than as permitted by such license, tfo^ofthe
or continue the same beyond the >time stated in such Vestry or
license, or fail to keep any hoard, fence, platform or hand- Board, the
rail in good repair, he shall for every such offence forfeit fJ)™(J.may
a sum not exceeding five pounds, and a further sum not moved,
exceeding forty shillings for every day during the continu-
ance of such offence ; and it shall be lawful for the Vestry
or Board to cause such hoard, fence, scaffold, or inclosure
to be pulled down, and the materials thereof, and also all
the bricks, mortar, lime, or other building materials, or
other matters or things contained within any such inclosure,
to be removed, and deposited in such place as the Vestry
or Board may think fit, and to be kept until the charges of
pulling down and removing>the same be paid to the Vestry
or Board ; and in case the same be not claimed and the
said charges paid within the space of eight days next after
such seizure thereof, it shall be, lawful for the Vestry or
Board to order the same to be sold, and by and out of the
proceeds of such sale to pay such charges, rendering any
surplus to the owner or other person by law entitled
thereto ; and in case the proceeds of such sale be insufficient
to cover such charges, and the charges of selling and dis-
posing of such materials, matters, and things, the deficiency
256 THE METROPOLIS MANAGEMENT? ACT, 1855.
Sec. 123. shall be repaid by the owner of such materials, matters, and
things to the Vestry or District Board on demand.
By-laws.
Power to
Metro-
politan
Board of
Works to
make by-
laws.
202 — The Metropolitan Board of Works, and every
District Board and Vestry respectively, may from time to
time make, alter, and repeal by-laws for all or any of the
purposes following : (that is to say) for regulating the busi-
ness and proceedings at their meetings and of committees
appointed by them, the appointment and removal of their
officers and servants, and the duties, conduct, and remunera-
tion of such officers and servants ; and the said Metro-
politan Board may also from time to time make, alter, and
repeal by-laws for regulating the material of the pavement
and roadway of new streets and roads, and for regulating
the dimensions, form, and mode of construction, and the
keeping, cleansing, and repairing of the pipes, drains, and
other means of communicating with sewers, and the traps
and apparatus connected therewith ; for the emptying,
cleansing, closing, and filling up of cesspools and privies
and for other works of cleansing, and of removing and
disposing of refuse, and for regulating the form of appeal
and mode of proceeding thereon, and generally for carrying
into effect the purposes of this Act ; and every such Board
Penalty for and Vestry may thereby impose such reasonable penalties
as they think fit, not exceeding forty shillings for each
breach of such by-laws, and in case of a continuing offence
a further penalty not exceeding twenty shillings for each
day after notice of the offence from the Board or Vestry :
provided always that under every such by-law it shall be
lawful for the Justices before whom any penalty imposed
thereby is sought to be recovered, to order the whole or
part only of such penalty to be paid, or to remit the whole
penalty : provided also that no by-laws shall be repugnant
to the Laws of England or to the provisions of this Act ;
and that no by-law shall be of any force or effect unless
and until the same be submitted to and confirmed at a
subsequent meeting of the Board or Vestry : provided
also that no penalty shall be imposed by any such by-law
unless the same be approved by one of Her Majesty's
principal Secretaries of State.
breach of
by-laws.
Power to
justices to
remit
penalties.
THE METROPOLIS MANAGEMENT ACT, 1855. 257
203 — All by-laws made and confirmed as aforesaid in Pubiica-
pursuance of this Act shall be printed, and hung up in bylaws
the principal office of the Board or Vestry, and be open to
public inspection without payment, and copies thereof shall
be delivered to any person applying for the same, on pay-
ment of such sum, not exceeding twopence, as the Board or
Vestry shall direct ; and such by-laws, when so published,
shall be binding upon and be observed by all parties, and
shall be sufficient to justify all parties acting under the
same ; and the producture of a printed copy of such by- Evidence
laws, authenticated by the seal of the Board or Vestry, of by'laws
shall be evidence of the existence, and of the due making,
confirmation, or publication of such by-laws, in all prose-
cutions under the same, without adducing proof of such
seal, or of the fact of such confirmation or publication of
such by-laws.
Provisions for Protection of Property and Works of Metro-
politan and District Boards and Vestries, and prevent-
ing Obstruction in Execution of Works.
204 — No building shall be erected in, over, or under Buildings
any sewer vested in the Metropolitan Board of Works, or ^ad^over
in any Vestry or District Board, without their consent first ^J™ t
obtained in writing, and if any building be erected con- Consent,
trary to this provision the Board or Vestry in whom such
sewer is vested may demolish the same, and the expenses
incurred thereby shall be paid by the person erecting such
building.
17
258
THE METROPOLIS LOCAL MANAGE-
MENT ACTS AMENDMENT ACT,
1862.
25 & 26 VIOT., c. 102.
SECTION PAGE
61. Regulations respecting openings into sewers - - 259, 260
64. Where parties neglect to carry out works pursuant to
order of Vestry, the Vestry may recover penalty or do
the works - - 260, 261
65. Temporary provision for drainage of property where no
proper sewer within two hundred feet - 261
68. Penalty on persons placing buildings or encroachments
on sewers - 261, 262
69. Penalty on persons interfering with sewers - 262
88. Persons omitting to give notice required by Section 76
of 18 & 19 Viet., c. 120, liable to penalty - - 263
96. Vestry or District Board may require payment of costs
or expenses from owner or occupier, and occupier
paying to deduct from rent. Agreements between
landlord and tenant not to be affected 263, 264
97. Deduction by owner paying rent where amount of ex-
penses deducted from rent paid to him - - 264, 265
259
THE METROPOLIS LOCAL MANAGE-
MENT ACTS AMENDMENT ACT,
1862,
25 & 26 VICT., c. 102.
Sections 74, 75, 76, 85, 87, 98, and 99 of this Act are
repealed (see Fourth Schedule, L.B.A., 1894, page 164).
The Clauses in force relating to building are given.
61 — The seventy-seventh section of the firstly-recited Reguia-
Act is hereby repealed ; and in lieu thereof be it enacted Jj,° plctmg
that no person shall make or branch any sewer or drain, openings
or make any opening into any sewer vested in the Metro- sewers,
politan Board of Works, or in any Vestry or District
Board, without the previous consent in writing of such
Board or Vestry : provided that it shall be lawful for any
person with such consent, at his own expense, to make or
branch any drain into any sewer vested in such Board or
Vestry, or authorised to be made by them or either of
them under the firstly-recited Act or this Act, such drain
being of such size, materials, and other conditions, and
branched into such sewer in such manner and form of
communication in all respects as the Board of Vestry shall
direct or appoint : provided also that where any contri-
bution to the cost of a sewer is payable in respect of
drainage into the same, it shall not be lawful for any
person to make or branch any drain into such sewer,
except in conformity with the directions of the Board or
Vestry in whom the same shall be vested with respect
to payment of contributions under the provisions contained
in the firstly- recited Act and this Act in that behalf ; and
in case any person, without the consent of the said Metro-
politan Board, District Board, or Vestry as aforesaid, make
or branch, or pause to be made or branched, any sewer or
260 THE METROPOLIS LOCAL MANAGEMENT ACTS
Sec. 61. drain, or make any opening into any of the sewers vested
in any such Board or Vestry, or authorised to be made
by them as aforesaid, or if any person make or branch, or
cause to be made or branched, any drain of a different con-
struction, size, material, or other conditions, or in another
manner or form of communication than shall be directed or
appointed by such Board or Vestry, every person so offend-
ing shall for every such offence forfeit a sum not exceeding
fifty pounds ; and the Board or Vestry may cut off the
connection between such drain and < their sewer, or if
they shall see fit execute the necessary works for making
the said drain conformable to their regulations or directions
at the expense of the person making such drain or causing
the same to be made, such expenses to be recovered either
by action at law or in a summary manner before a Justice
of the Peace, at the option of the Board or Vestry.
where par- 64 — Whereas by the seventy-third, seventy-fourth,
to6carryouf seventy-sixth, eighty-first, eighty-fifth, and eighty-sixth
worktstpur~ sec^ons °f ^ne firstly-recited Act, certain works, matters,
order of and things are required to be constructed, made, or exe-
vestry'may cuted on the requisition of Vestries and District Boards by
recover the owners or occupiers of the premises therein referred
do'the5^ °r to ; and in case any such owner or occupier refuse or
works. neglect to commence, proceed with, or complete the same,
as the case may be, the Vestry or District Board are
authorised to perform and execute such works, matters,
and things, and recover the costs incurred thereby in man-
ner therein provided : be it enacted, that in case of any
such neglect or default by any person or persons to comply
with the order of any vestry or District Board to execute
any works, matters, or things under any of the said pro-
visions, the person or persons so offending shall forfeit and
pay to the Vestry or District Board a sum not exceeding
five pounds, and also a further sum not exceeding forty
shillings for every day during which such offence shall con-
tinue, to be recovered by action at law or before a Justice
of the Peace in a summary manner, at the option of the
Vestry or District Board ; and the Vestry or District Board
may at their discretion either execute or perform any such
works, matters, or things, and recover the costs and ex-
penses thereof from the owner of the property as aforesaid,
AMENDMENT ACf, 1862. £»61
or proceed for and recover the said penalty or penalties ; Sec. 64*
but nothing herein contained shall render any person or
persons liable to be proceeded against for the penalty as
well as for the costs and expenses of the works.
65 — Whereas certain property within the limits of the Temporary
metropolis is so situate as to render it impracticable,
practicable only at undue expense, to connect such property
with covered sewers, and it is expedient that some temper-
ary provision should be made for draining such property
and abating the nuisances existing thereon or caused within 200
thereby : be it therefore enacted, that in any case in which e<
any house or other building, whether erected before or
after the passing of this Act, is without sufficient drainage,
and there is no proper sewer within two hundred feet of
any part of such house or building, it shall be lawful for the
Vestry or District Board of the parish or district in which
such house or building is situate, by notice in writing to
require the owner of such house or building to construct
and lay from such house or building a covered drain to lead
therefrom into a covered water-tight cesspool or tank or
other suitable receptacle, not being under a house or within
such distance from a house as the Vestry or Board shall
direct, and to construct such cesspool, tank, or receptacle ;
and the several provisions in the firstly-recited Act with
respect to the laying of house drains at the expense of the
owners of property, and the recovery of such expenses of,
and the penalties for any omission in respect to the per-
formance of any such works pursuant to the orders of
Vestries or District Boards in accordance with the direc-
tions of the said Act, shall be extended to and apply to
the making of such cesspools, tanks, receptacles, and drains,
and the orders of Vestries and District Boards in relation
thereto and the expenses thereof.
68 — Every person who shall knowingly erect or place Penalty on
any building, wall, bridge, fence, obstruction, annoyance, JfjJJSy1
or encroachment in, upon, over, or under any sewer under buildings
the jurisdiction of the Metropolitan Board of Works,
of any Vestry or District Board, and every person <*"
structing, filling in, or diverting any sewer or drain under
the jurisdiction, survey, or control of the Metropolitan
262 THE METROPOLIS LOCAL MANAGEMENT ACTS
Sec. 68. Board, or of any Vestry or District Board, without the
previous consent in writing of the Board or Vestry in whom
the same may be vested, shall, in addition to any other pro-
ceeding to which he may be liable therefor, forfeit and pay
to such respective Board or Vestry a sum not exceeding
twenty pounds for every such offence ; and the Board or
Vestry may demolish and remove any such building, wall,
bridge, fence, obstruction, annoyance, or encroachment,
and perform any works necessary for restoring or reinstat-
ing the sewer or other work or thing damaged ; and the
party erecting such building, wall, bridge, fence, or causing
such obstruction, annoyance, or encroachment, shall also
pay the expense of removing and abating them respectively
and of re-opening, restoring, repairing, or reinstating any
sewer or drain obstructed, filled in, closed up, or diverted ;
and in case of a continuing offence in any of the cases
aforesaid the offender shall be liable to a further penalty,
not exceeding five pounds, for each day after notice thereof
from the Metropolitan Board of Works, or from the Vestry
or District Board, to be recovered by action at law or be-
fore any Justice of the Peace by a summary proceeding,
at the option of the Board or Vestry : provided always
that nothing herein contained shall extend to prevent or
impede the maintenance, repair, or renewal of any buildings
or works under which a sewer or drain has been con-
structed, but so, nevertheless, that such buildings or works
shall not injure or obstruct the said sewer or drain.
Penalty on 69 — Any person who shall take up, remove, demolish,
Fnterfering or otnerwise interfere with any sewer or part of a sewer
with vested in the Metropolitan Board of Works, or in any
3rs- Vestry or District Board, without the previous permission
in writing of such Board or Vestry, or who shall wilfully
damage any sewer, bank, defence, wall, penstock, grating,
gully, side entrance, tide valve, flap, work, or thing vested
in the Metropolitan Board or any Vestry or District Board,
or do any act by which the drainage of the metropolis or
any part thereof may be obstructed or injured, shall for
every such offence forfeit and pay to the said Metropolitan
Board of Works, or to the Vestry or District Board ag-
grieved by any such act, for every such offence a sum not
exceeding twenty pounds, and shall also pay to such
AMENDMENT ACT, 1862, 263
Board or Vestry all the expenses of repairing, restoring, Sec. 69.
reinstating, or amending any sewer or other work or thing
so taken up, removed, demolished, damaged, or interfered
with, to be recovered by action at law or before a Justice
of the Peace by a summary proceeding, at the option of
the Board or Vestry. •
88 — If any person shall, without having given the notice Persons
directed by the seventy- sixth section of the firstly-recited ^notice
Act, begin to lay the foundation of any new house or required
building within any parish mentioned in Schedule A of 76Yof I^&IQ
the said Act, or any district in Schedule B of the said Jjjj^ °0iao>
Act, or to make any drain for the purpose of draining penalty,
either directly or indirectly into any sewer under the
jurisdiction of the Vestry or Board of such parish or
district, he shall become liable to a penalty for every such
offence not exceeding five pounds, and to a continuing
penalty of forty shillings for each and every day during
which he shall omit to give the notice directed by the said
Act.
96 — The two hundred and seventeenth, two hundred vestry or
and eighteenth, and two hundred and nineteenth sections Bot^Lay
of the firstly-recited Act are hereby repealed ; and in lieu require
thereof be it enacted, that it shall be lawful for any Vestry S^of °
or District Board, at their discretion, to require the pay- gJ^5JJer
ment of any costs or expenses which the owner of anyoroccu-
premises may be liable to pay under the said recited Act Jccupler
or this Act, either from the owner or from any person who P*?1^
then or at any time thereafter occupies such premises, from rent,
and such owner or occupier shall be liable to pay the same,
and the same shall be recovered in manner authorised by
the recited Act and this Act ; and the owner shall allow
such occupier to deduct the sums of money which he so
pays out of the rent from time to time becoming due in
respect of the said premises, as if the same had been
actually paid to such owner as part of such rent : provided
always that no such occupier shall be required to pay any
further sum than the amount of rent for the time being
due from him, or which, after such demand of such costs
or expenses from such occupier, and after notice not to pay
his landlord any rent without first deducting the amount
264 THE METROPOLIS LOCAL MANAGEMENT ACTS
Sec. 96. of such costs or expenses, becomes payable by such
occupier, unless he refuse, on application being made to
him for that purpose by or on behalf of the Vestry or
District Board, truly to disclose the amount of his rent,
and the name and address of the person to whom such
rent is payable, but the burden of proof that the sum
demanded from any such occupier is greater than the rent
due by him at the time of such notice, or which has since
accrued, shall lie upon such occupier : provided also that
nothing herein contained shall be taken to affect any con-
Agree- tract made or to be made between any owner and occupier
between °^ anv nouse> building, or other property whereof it is or
landlord may be agreed that the occupier shall pay and discharge
nSt to bent a^ rates, dues, and sums of money payable in respect of
affected, such house, building, or other property, or to affect any
contract whatsoever between landlord and tenant.
Deduction 97 — If the owner or landlord of any premises from
payinnrent wnose ren^ anv amount shall be deducted in respect of any
where costs, charges, or expenses payable under the firstly-recited
eS>en?es°f Act or tnis Act> sna11 nold tne premises in respect of which
^e amouut of such costs, charges, or expenses shall be paid
at a rent not less than the rack-rent, he shall be entitled to
deduct the whole amount paid by him on account of such
costs, charges, or expenses from the rent payable by him to
his superior landlord ; and if he holds at a rent less than
the rack-rent, he shall be entitled to deduct from the rent
so payable by him a sum bearing the same proportion to
the amount so paid by him on account of such costs,
charges, or expenses as his rent shall bear to the rack-rent ;
and if the owner or landlord from whose rent any deduction
be made under the provision last aforesaid be himself liable
to the payment of rent for the premises in respect of which
the deduction shall be made, and hold such premises for a
term of which less than twenty-one years shall be unex-
pired, but not otherwise, he may deduct from the rent so
payable by him a sum bearing the same proportion to the
sum deducted from the rent payable to him as the rent
payable by him shall bear to the rent payable to him, and
so on in succession with respect to every landlord of the
same premises both receiving and liable to pay rent in re-
spect thereof, and holding the' same for a term of which
AMENDMENT ACT, 1862. <&5
less than twenty-one years shall be unexpired as aforesaid : Sec.
provided always that nothing herein contained shall be con-
strued to entitle any person to deduct from the rent payable
by him more than the whole sum deducted from the rent
payable to him : provided also that nothing herein contained
shall be taken to affect any contract made or to be made
between any owner or occupier of any house, building, or
other property whereof it is or may be agreed that the
occupier shall pay and discharge all rates, dues, and sums
of money payable in respect of such house, building, or other
property, or to affect any contract whatsoever between
landlord and tenant.
THE METROPOLIS MANAGEMENT
AND BUILDING ACTS AMEND-
MENT ACT, 1878.
41 & 42 VICT\, c. 32.
SECTION PAGE
1, 2, 3. Preliminary - 268
5. Metropolis Management Acts and this part of Act to be
construed as one Act 268
11. 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 268, 269, 270
12. Power to Board to make regulations with respect to
new theatres and certain new music halls for protec-
tion from fire 270, 271
13. Provisional license for new premises - - - 271, 272
21. Power for architect and persons authorised by Board
and district surveyor to enter and inspect theatres,
music halls, buildings, and works - - 272
22. Power to owners, &c., to enter houses, &c., to comply
with notices or order - - 272, 273
23. Recovery of penalties - - - 273
24. Exceptions from Metropolis Management Act extended
to this Act 273
26. Act not to apply to the Inner and Middle Temple, &c. 273
27. Saving rights of the Crown and the Duchy of Lancaster 273, 274
267
THE METROPOLIS MANAGEMENT
AND BUILDING ACTS AMEND-
MENT ACT, 1878.
41 & 42 VIOT., c. 32.
An Act to amend the Metropolis Management Act, 1855, the
Metropolitan Building Act, 1855, and the Acts amending
the same respectively.
[22nd July 1878.]
[The sections of this Act, which are still in force, are given below.
See Fourth Schedule, L.B.A., 1894, page 164.]
Whereas the provisions of the several Acts now in force
within the metropolis are insufficient for duly regulating
the erection and extension of houses and buildings in
close proximity to certain roads, passages, and ways, and
it is expedient that for such purpose further and better
provisions should be made :
And whereas with a view to protect the public frequenting
theatres and music halls within the metropolis from
danger from fire it is expedient that provisions such as
are in this Act contained should be made for empower-
ing the Metropolitan Board of Works (in this Act re-
ferred to as " the Board ") to cause alterations in existing
theatres and music halls to be made in certain cases, and
to make regulations with respect to the position and
structure of new theatres and certain new music halls :
And whereas it is expedient to make provisions with
respect to the making, filling up, and preparation of the
foundations and sites of houses and buildings to be
erected within the metropolis, and with respect to the
quality of the substances to be used in the formation or
construction of the sites, foundations, and walls of such
268 TfiE METROPOLIS MANAGEMENT?
houses and buildings with a view to the stability of the
same, the prevention of fires and for purposes of health :
And whereas it is expedient to make further and better
provisions with respect to the payment of expenses in-
curred by the Board in relation to dangerous structures :
And whereas for the purpose aforesaid it is expedient to
amend the Metropolis Management Act, 1855, the
Metropolitan Building Act, 1855, and the Acts amend-
vict.,c.i22. ing the same respectively :
Be it therefore 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) —
PRELIMINARY.
Short title. 1 — This Act may be cited for all purposes as the
Metropolis Management and Building Acts Amendment
Act, 1878.
Limits of 2 — This Act shall extend and apply to the metropolis
victim as defined by the Metropolis Management Act, 1855.
Division of 3 — This Act shall consist of three Parts.
Act into
three parts. T
PART I.
Metropolis 5 — The Metropolis Management Act, 1855, and the Acts
men? Acts amen(iing the same, and this Part of this Act shall be
and this construed together as one Act : provided always that
to"e°con-ct nothing in this Act shall be held to limit or restrict the
strued as powers now vested in the Commissioners of Sewers of the
' City of London, or in any body or person elsewhere within
' ^e metropolis, by an Act passed in the session of Parlia-
c. xxix. ' ment held in the fifty-seventh year of the reign of King
George the Third, intituled " An Act for better paving,
improving, and regulating the streets of the Metropolis,
and removing and preventing nuisances and obstructions
therein."
11 — Whenever it appears to the Board that any house
or other place of public resort within the metropolis which
BUILDING ACTS AMENDMENT ACT, 1878. 269
was at the time of the passing of this Act authorised to be Sec. 11.
kept open for the public performance of stage plays, and Power to
i • i • i t i j ?i *li -i Board in
which is kept open for such purpose, under the authority certain
of letters patent from Her Majesty, her heirs and successors Require
or predecessors, or of a license granted by the Lord proprie-
Chamberlain of Her Majesty's Household for the
being, or by Justices of the Peace, or that any house, room,
or other place of public resort within the metroplis, con- in use at
taining a superficial area for the accommodation of the j^® jJIJJSng
public of not less than five hundred square feet, which of this Act
was at the time of the passing of this Act authorised to be structural
kept open, and which is kept open, for dancing, music, or defects-
other public entertainment of the like kind, under the
authority of a license granted by any court of quarter
sessions, is so defective in its structure that special danger
from fire may result to the public frequenting the same,
then, and in every such case the Board may, with the
consent of the Lord Chamberlain in the case of theatres
under his jurisdiction, and of Her Majesty's principal
Secretary of State in all other cases, if in the opinion of
the Board such structural defects can be remedied at a
moderate expenditure, by notice in writing require the
owner of such house, room, or other place kept open for
any of the purposes aforesaid, under such authority as
aforesaid, to make such alterations therein or thereto as
may be necessary to remedy such defects, within a reason-
able time to be specified in such notice : and in case such
owner fails to comply with the requirements of such notice
within such reasonable time as aforesaid, he shall be liable
to a penalty not exceeding fifty pounds for such default,
and to a further penalty of five pounds for every day after
the first day after the expiration of such reasonable time
as aforesaid during which such default continues : pro-
vided always that any such owner may, within fourteen
days after the receipt of any such notice as aforesaid, serve
notice of appeal against the same upon the Board, and
thereupon such 'appeal shall be referred to an arbitrator
to be appointed by Her Majesty's First Commissioner of
Works at the request of either party, who shall hear and
determine the same, and may, on such evidence as he may
think satisfactory, either confirm the notice served by the
Board, or may confirm the same with such modifications
270 THE METROPOLIS MANAGEMENT AND
Sec. 11. as he may think proper, or refuse to confirm the same, and
the decision of such arbitrator with respect to the require-
ments contained in any such notice, and the reasonableness
of the same, and the persons by whom and the propor-
tions in which the costs of such arbitration are to be paid,
shall be final and conclusive and binding upon all parties.
In case of an appeal against any such notice, compliance
with the ^requirements of the same may be postponed until
after the day upon which such appeal shall be so decided
as aforesaid, and the same, if confirmed in whole or in
part, shall only take effect as and from such day.
St. James's Hall Company v. London County Council. Held that
this power can be exercised only once in respect to the same theatre,
&c., unless perhaps the owner has, since the powers were first
exercised, himself so altered the structure of the theatre, &c., as
to cause in the opinion of the Council special danger from fire
[18 T.L.R. 568 (1901)].
Power to 12 — The Board may from time to time make, alter,
mak?regu- vary, and amend such regulations as they may think ex-
lations pedient with respect to the requirements for the protection
with re- £ ., . , . PIT • , i •
spect to from tire of houses or other places of public resort within
theatres ^ne metropolis, to be kept open for the public performance
and certain of stage plays, and of houses, rooms, or other places of
hails to? 1C public resort within the metropolis, containing a superficial
From firen area ^or ^e accommodation of the public of not less than
five hundred square feet, to be kept open for public dancing,
music, or other public entertainment of the like kind, under
the authority of letters patent from Her Majesty, her heirs
or successors, or of licenses by the Lord Chamberlain of
Her Majesty's Household, or by any Justices of the Peace,
or by any court of quarter sessions, which may be granted
for the first time after the passing of this Act ; and may
by such regulations prescribe the requirements as to posi-
tion and structure of such houses, rooms, or places of public
resort which may, in the opinion of the Board, be necessary
for the protection of all persons who may frequent the
same against dangers from fires which may arise therein
or in the neighbourhood thereof ; provided that the Board
may from time to time in any special case dispense with
or modify such regulations, or may annex thereto condi-
tions if they think it necessary or expedient so to do.
BUILDING ACTS AMENDMENT ACT, 1878. 271
The Board shall, after the making, altering, varying, or Sec. 12-
amending of any such regulations, cause the same to be
printed, with the date thereof, and a printed copy thereof
shall be kept at the office of the Board, and all persons
may at all reasonable times inspect such copy without pay-
ment, and the Board shall cause to be delivered a printed
copy, authenticated by their seal, of all regulations for the
time being in force to every person applying for the same,
on payment by such person of any sum not exceeding five
shillings for every such copy.
A printed copy of such regulations, dated and authenti-
cated by the seal of the Board, shall be conclusive evid-
ence of the existence and of the due making of the same in
all proceedings under the same, without adducing proof of
such seal or of the fact of such making.
From and after the making of any such regulations it
shall not be lawful for any person to have or keep open
any such house, room, or any other place of public resort
for any of the purposes aforesaid, unless and until the
Board grant to such person a certificate in writing, under
their seal, to the effect that such house, room, or other
place was on its completion in accordance with the regula-
tions made 'by the Board in pursuance of the provisions of
this Act for the time being in force, and in so far as the
same are applicable to such house or other place, and to
the conditions (if any) annexed thereto by the Board.
In case any such house, room, or place of public resort
is opened or kept open by any person for any of the
purposes aforesaid, contrary to the provisions of this
enactment, such person shall be liable to a penalty not ex-
ceeding fifty pounds for every day on which such house
or place of public resort is so kept open as aforesaid.
13 — A person interested in any premises about to be Provi-
constructed, or in course of construction, which are de-
signed^ to be licensed and used within the metropolis
the public performance of stage plays, or for public dancing,
music, or other public entertainment of the like kind, may
apply to the licensing authority for the grant of a provisonal
license in respect to such premises. The grant of such
provisional license shall, in respect of the discretion of the
licensing authority and procedure, be subject to thet same
272 THE METROPOLIS MANAGEMENT AND
Sec. 13. conditions as those applicable to the grant of a like license
which is not provisional. A provisional license so granted
shall not be of any force until it has been confirmed by the
licensing authority ; but the licensing authority shall con-
firm the same on the production by the applicant of a
certificate by the Board that the construction of the pre-
mises has been completed in accordance with the regula-
tions and conditions made by the Board as hereinbefore
provided, and on being satisfied that no objection can be
made to the character of the holder of such provisional
license.
PART III.
Power for 21 — The architect of the Board, and any other person
and11*' authorised by the Board in writing under their seal, may,
authorised at a^ reasonable times after completion or during construe-
by Board tion, enter and inspect any house, room, or other place kept
survey8o"to °Pen or intended to be kept open for the public performance
of stage plays, or for public dancing, music, or other public
theatres, entertainment of the like kind affected by any of the provi-
haifs0 sions of this Act, or of any regulations made in pursuance
buildings, thereof ; and if any person refuses to admit such architect
rks' or person, or to afford him all reasonable assistance in such
inspection, in every such case the person so refusing shall
incur for each offence a penalty not exceeding twenty
pounds.
Power to 22 l For the purpose of complying with the require-
&T?to8' ments of any notice or order served or made under the
enter provisions of this Act, on any owner, builder, or person, in
houses, * ,. i MT Si V
&c., to respect of any house, building or other erection, room or
w!?nPly place, such owner, builder, or person, his servants, work-
notices or men and agents, may, after giving seven days' notice in
writing to the occupier of such house, building or other
erection, room or place, and on production of such notice
or order, enter such house, building, or other erection,
room or place, and do all such works, matters, and things
therein or thereto, or in connection therewith, as may be
1 This section is repealed so far as it relates to any notice or order
served or made under any provision repealed by the London Building
Act, 1894.
BUILDING ACTS AMENDMENT ACT, 1878. 273
necessary ; and if any person refuses to admit such owner, Sec. 22.
builder, or person, or his servants or workmen1 or agents,
or to afford them all reasonable assistance, such person shall
incur for each offence a penalty not exceeding twenty pounds.
23 — Every penalty imposed by Part I. and Part III. Recovery
of this Act may be recovered by summary proceedings ties.ent
before any Justice, in like manner and subject to the like
right of appeal as if the same were a penalty recoverable
by summary proceedings under the Metropolis Manage-
ment Act, 1855, and the Acts amending the same ; provided w & 19
always that in any proceedings against any person foris&'ig'
more than one penalty in respect of one or more breach orvict"c-122-
breaches of any provision of this Act, or of any by-law
made in pursuance of this Act, it shall be lawful to include
in one summons all such penalties, and the charge for such
summons shall not exceed two shillings.
24 — Her Majesty's royal palaces, and all buildings, Exceptions
works, and ground excepted from the operation of the ^opoUs6"
Metropolis Management Act, 1855, and the Acts amending Manage-
the same, or of any of the said Acts, shall be exceptedtfrom Stende^8
the operation of the provisions of this Act which are to be J° g'Jj Act-
construed with such Acts, and all exemptions from the vict.,c.i20.
provisions of any of the said Acts shall extend to such of
the provisions of this Act as are to be construed as afore-
said with such Acts.
26 — Nothing in this Act shall apply to the Inner Act noUo
Temple, the Middle Temple, Lincoln's Inn, Gray's Inn, the inner
Staple Inn, FurnivaPs Inn, or the close of the collegiate ^
church of Saint Peter, Westminster. &c.
27 — Nothing contained in this Act shall apply to
shall authorise or empower the Board, or any Vestry, the Crown
District Board, or district surveyor, to take, use, or in any gj,* J£eof
manner interfere with any land, soil, tenements, or here- Lancaster,
ditaments, or any rights of whatsoever nature belonging
to or enjoyed or exercisable by the Queen's most Excellent
Majesty in right of her Crown, or in right of her Duchy
of Lancaster, without the consent in writing of ^the Com-
missioners for the time being of Her Majesty's Woods,
18
274 METROPOLIS MANAGEMENT AND BUILDING ACTS.
Sec. 27 • Forests, and Land Eevenues, or one of them, on behalf of
Her Majesty, in right of her Crown, first had and obtained
for that purpose (which consent such Commissioners are
hereby respectively authorised to give), or without the con-
sent in like manner of the Chancellor of the said Duchy,
on behalf of Her Majesty, in right of her said Duchy ;
neither shall anything contained in this Act, or in any by-
law thereunder made, extend to, divest, take away, pre-
judice, diminish, or alter any estate, right, privilege,
power, or authority vested in or enjoyed or exercisable by
the Queen's Majesty, her heirs or successors, in right of
her Crown, or in right of her said Duchy ; and nothing
contained in Part I. of this Act shall apply to the extension
of Savoy Street or the bridge which the Chancellor and
38 & 39 Council of the said Duchy are by the Metropolitan Board
vict.,c. 65. of Workg (Yarious Powers) Act, 1875, empowered to make
and construct, or to any house or building within the pre-
cinct of the Savoy, or upon the land mentioned in section
six of the last-mentioned Act, constructed or extended
after the passing of this Act, in or abutting upon any road,
passage, or way existing, formed, or laid out at the time of
the passing of this Act.
275
METROPOLIS MAN AGEMENT (THAMES
RIVER PREVENTION OF FLOODS)
AMENDMENT ACT, 1879.
SECTION PA«K
1. Short title - 278
2. Interpretation of terms - 278, 279
3. Limits of Act ... 279
4. Construction of Acts 279
5. Flood works not to be executed except in accordance
with plans 279
6. Bodies and persons liable to provide for execution of
flood works 279, 280
7. Board to make plan of necessary flood works - 280, 281
8. Limitation of powers as to works ... - 281, 282
9. Power of Board as to flood works of a temporary char-
acter 282
10. Penalty for breach of regulations, &c., as to temporary
works 282
11. Power to Commissioners of sewers of City of London,
Vestry or District Board to execute flood works - - 283
12. Power to owner or owners liable to execute flood works 283
13. Power to Board to execute flood works in case of default
of Commissioners of sewers of City of London, &c. 283, 284
14. Powers for execution of flood works - - 284
15. Powers of Board to take lands .... 284, 285
16. Power to construct flood works on the shores and bed ot
the Kiver Thames - - 285
17. Provision as to certain dock companies 286, 287
18. Power to inspect lands - ... 287
19. Flood works upon the shore of the River Lee to be
approved by the Lee Conservancy Board - - 287, 288
20. Saving rights of the Lee Conservancy Board - - 288
276 METROPOLIS MANAGEMENT
SECTION PAGE
21. Saving rights of the Commissioners of sewers for Haver-
ing and other levels .... . 288
22. Maintenance and repair of banks .... 288
23. Penalty for alteration of banks without consent of
Board 289
24. Survey and repair of dangerous or insufficient banks
and maintenance and repair of same - - 289, 290
25. Mode of ascertaining amount of compensation for
damages caused by execution of flood works, &c. 290, 291
26. Powers of standing arbitrator as to amount of com-
pensation 291
27. Appointment of standing arbitrator - 291, 292
28. Proceedings before standing arbitrator - - - 292, 293
29. Payment of expenses of Commissioners of sewers of
City of London - - 293, 294
30. Payment of expenses of Vestries and District Boards 294, 295
31. Power to Board to recover expenses incurred by them
in whole or in part - 295, 296
32. Rent charge may be granted in respect of works - 296, 297
33. Power to apply monies raised under other Acts, &c. - 297
34. Expenses of Board ..... 297
35. As to liability in respect of certain flood works, &c. - 298
36. Recovery of expenses 298
37. As to notices and orders .... . 299
38. Agreement between landlord and tenant not to be
avoided - 299
39. Saving rights of the Conservators of the River Thames 300
40. Saving rights of the Duchy of Cornwall - - 300
41. Saving rights of the Crown • 300, 301
42. Saving rights of the Crown in respect to property vested
in the Crown - ' 301
43 & 44 Recovery and application of penalties - - - 301
45. Expenses of Act - - - 301
277
METROPOLIS MANAGEMENT (THAMES
RIVER PREVENTION OF FLOODS)
AMENDMENT ACT, 1879.
42 & 43 VICT., c. 198.
CHAPTEE CXCVIII.
An Act to amend the Metropolis Management Act, 1855,
and the Acts amending the same, so far as relates to the
protection of the Metropolis from Floods and Inunda-
tions caused by the overflow of the Eiver Thames ; and
for other purposes.
[llth August, 1879.]
WHEREAS, notwithstanding the provisions of the Metro- is & 19
polis Management Act, 1855, and the Acts amending the Vlct'' Ct 120-
same, with respect to the protection of lands from floods
and inundations, the Eiver Thames in times of high tides,
floods, and excessive rains, by reason of the low level of
various places, overflows its banks, causing inconvenience
to persons and injury to health arid property, and it is
therefore expedient that the said provisions should be
amended, and that provisions such as are in this Act con-
tained should be made for providing for the due execution
and maintenance of the works necessary to prevent the
overflowing of the said Jliver Thames within the limits by
this Act prescribed, and for empowering the Metropolitan
Board of Works to enforce such provisions and to provide
for the expenses incurred in relation thereto :
Be it therefore 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 ;
278 METROPOLIS MANAGEMENT (THAMES RIVER
Preliminary.
Short title. 1 — This Act may for all purposes be cited as the Metro-
polis Management (Thames Eiver Prevention of Floods)
Amendment Act, 1879.
interpre- 2 — In the construction of this Act the following words
terms. °f an^ expressions have the following meanings, unless ex-
cluded by the subject or context ; (that is to say) —
19&20 The expression "the principal Act " means the Metro-
25&'<26 ' 112' polis Management Act, 1855, as amended by the
Viet., c. 102. Metropolis Management Amendment Act, 1856, and
the Metropolis Management Amendment Act, 1862 :
The expression " the Secretary of State " means one of
Her Majesty's Principal Secretaries of State :
The expression " the Board " means the Metropolitan
Board of Works :
The expression " person " includes any corporation,
whether aggregate or sole :
The expression " Eiver Thames " includes the rivers,
streams, and watercourses within the flow and re-flow
of the tides of the said river within the limits of this
Act:
The expression " bank " and the expression " dam "
includes any bank, wall, fence, wharf, dock, lock, gate,
sluice, dam, or defence, or appliance, whether of a
moveable, temporary, fixed, or permanent character,
for the protection of lands within the limits of this
Act from floods or inundations caused by the overflow
of the Kiver Thames :
The expression "flood works" means the entire or
partial construction, alteration, reconstruction in the
same or any altered position of any bank, and the
repairing, raising, strengthening, improvement, or
removal of any bank, and the enlargement, contrac-
tion, raising, lowering, arching over, improvement, or
alteration of any sewer, channel, or watercourse,
and the discontinuance, closing up, or destruction of
any such sewer, channel, or watercourse necessary
for the protection of lands within the limits of this
Act from floods or inundations caused by the overflow
of the Eiver Thames ;
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 279
The expression " lands " includes the messuages, build- Sec. 2.
ings, erections, banks, lands, tenements, and heredita-
ments of any tenure, and rights and easements in,
over, under, or in respect of the same :
The expression "street,'' in addition to the meaning
assigned to the same term by the principal Act, in-
cludes the carriageway of any turnpike road and any
county bridge and any place laid out as a street :
The expression " premises " includes lands and streets :
The expression " owner " means (except where other-
wise expressly provided) the person for the time being
receiving the rackrent of the lands or premises in
connection with which the word is used, whether
on his own account or as agent or trustee for any
other person, or who would so receive the same if
such lands or premises were let at a rackrent, and
includes any commissioners, trustees, or other persons
or person in whom the premises in connection with
which the said word is used are vested, or who are
charged with the control or management of the same.
3 — The limits of this Act shall extend to the metropol
as defined by the principal Act.
of Act.
4 — The principal Act, as amended by this Act, and this Construc-
Act shall be read and construed together as one Act. Acts.0
Execution of Works.
5 — From and after the passing of this Act the execution Flood ^
of all flood works shall be subject to and in accordance to be
with such plans as the Board may from time to time cause
to be prepared in pursuance of this Act, or with such plans accordance
or specification as the Board may from time to time ap- w
prove, and such works shall be carried on and completed
to the satisfaction of the Board, and save as aforesaid no
such works shall be commenced, carried on, or com-
pleted.
6 — Subject to the provisions and limitations in this
contained, the following bodies and persons shall be liable
to provide for the execution of all flood works which may P™vide for
280 METROPOLIS MANAGEMENT (THAMES RIVER
Sec 6- fr°m t*me to ^me *n *ke °Pmi°n °f tne Board be necessary
execution for the protection of premises within the limits of this Act
worksd
Board to
sary flood
serve8' and
themaMn
thereof
of London,
district8'
boards,
affected ers
thereby,
*rom fl00^8 or inundations caused by the overflow of the
Eiver Thames ; (that is to say,)
In respect of all such works to be executed upon any
premises vested in or subject to the control and
management of the Commissioners of Sewers of the
City of London, the vestry of any parish mentioned
in Schedule A. to the principal Act, or the board of
works of any district mentioned in Schedule B. to the
principal Act, such Commissioners, vestry, or board
of works :
In respect of all other such works the owners of the
premises upon which the same are to be executed :
Where any such works are to be executed through,
along, over, or under any part of the bed or soil of
the Eiver Thames immediately connected with any
premises, such works shall be deemed to be works to
be executed upon such premises.
7 — The Board, as soon as may be after the passing of
^is Act, shall cause a plan to be prepared showing the
line and level of the flood works which are in their opinion
immediately necessary for effectually protecting all pre-
m^ses within the limits of this Act which in their judgment
require protection from floods or inundations caused by
^ne overflow of the Eiver Thames ; and when such plan
has been prepared the Board shall cause notice of the pre-
paration thereof to be served upon the Commissioners of
Sewers of the City of London and upon the vestry of every
parish and the board of works for every district in which
anY of the works shewn on such plan are proposed to be
executed, and upon every owner of premises liable to pro-
vide for the execution of any of the same, and shall to-
gether therewith cause two copies of such part of such plan
as relates to any of such works in respect of the execution
of which such Commissioners, vestry, board of works, and
owner are or is liable respectively to provide to be trans-
mitted to them or him respectively, together with such
sections, estimates, and other information relating to such
copies as aforesaid as they may think proper ; and the
Board shall by such notice require such Commissioners,
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 281
vestry, district board, or owner to inform the Board within Sec. 7«
twenty-eight days after the receipt of the same whether
they or he intend or intends to execute to the satisfaction
of the Board the works shown on the copies of such parts
of such plan respectively, and for the execution of which
such Commissioners, vestry, district board, or owner are
or is respectively liable to provide, or whether they or he
object or objects to execute such works, and the reasons
for such objection.
If the Commissioners of Sewers of the City of London,
the vestry of any parish, board of works for any district,
or any owner or owners give notice to the Board of their
or his objection to execute any flood works in manner
aforesaid, and of the reasons for such objection, the Board
shall, during the twenty-eight days next after the receipt
thereof, consider such objection and reasons, and shall as
soon as may be after the expiration of such last-mentioned
period of twenty-eight days make such order in relation
thereto as the Board may think just, and may by such
order make any modification or alteration in such flood
works, and shall transmit a copy of such order to the body
or person making such objection.
In case the Board by any such order make any modifica-
tion or alteration in the flood works so objected to as afore-
said, they shall amend the plan prepared in manner
aforesaid so as to show thereon such modification or
alteration, and in such case they shall transmit to the
body or person by whom such objection was made two
copies of the part of such plan so amended, together with
such order.
The Board shall cause a copy of such plan showing all
amendments made therein to be kept at their office, and
the Commissioners of Sewers, the vestry of every parish,
and the board of works of every district to which copies
of any part of such plan or of any amendments therein
have been transmitted as aforesaid shall cause one of such
copies to be kept at their office, and all persons may at all
reasonable times inspect any such copy without payment.
8— Nothing in this Act contained shall authorise the limitation
Board, notwithstanding the general definition of the term astoworks,
bank and flood works, to direct the execution of any works
282 METROPOLIS MANAGEMENT (THAMES RIVER
Sec. 8- other than such as are necessary for the protection of lands
within the limits of this Act from floods and inundations
caused by the overflow of the Eiver Thames, and the
Board shall have no authority under this Act to prescribe
or order any works for any other purpose, or any works
for the embankment of the Eiver Thames, or any part
thereof, in the nature of the various embankments hereto-
fore executed by the Board under the authority of any
special Act of Parliament.
Powers of 9 — Where in the opinion of the Board the erection of a
floodworks ^am °f a nxe(i or permanent character on any premises
porarym wou^ materially interfere with the transaction of the
character, business carried on upon the river side of such premises,
the Board may, instead of ordering such works of a fixed
or permanent character, by order authorise and require
the erection of a temporary or moveable dam, subject to
such regulations, restrictions and conditions with respect
to the fixing, removing, and maintenance of the same as
the Board may from time to time think necessary ; and
the Board may by any such regulations, restrictions, and
conditions authorise the temporary removal of any such
dam during such times as they may think proper, and
may prohibit the removal or alteration of the same, except
during such times and in such manner as to them may
seem necessary or proper.
Penalty for 10 — Where the Board have ordered the erection of any
regui£ °* dam °^ a temporary or moveable character subject to any
tions, &c. regulations, restrictions, or conditions, any person making
temporary default in the due observance or committing a breach of
works. any of the same shall be liable to a penalty not less than
twenty pounds and not exceeding fifty pounds, and in case
of a continuing offence to a further penalty not less than
twenty pounds and not exceeding fifty pounds for each
day after the first during which such default or breach
continues ; but, save as aforesaid, such person shall not
be liable to any penalty or damages or to pay any com-
pensation by reason or in respect of any such default or
breach.
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 283
11 — The Commissions of Sewers of the City of London, Power to
the vestry of any parish, or the board of works for any sioners of
district within the limits of this Act may, within twenty- §f Jfjf of
eight days after the receipt of the copy or copies of such London,
part of such plan transmitted to them as aforesaid, if they dfltrictor
have not made any objection to execute the flood works board to
shown on such copy, or if they have made any such ob- flood
jection, within twenty-eight days after the receipt by them works-
of the order of the Board made after consideration of such
objection, give notice in writing to the Board of their in-
tention to execute to the satisfaction of the Board the
flood works shown on such copy, and for the execution of
which such Commissioners, vestry, or district board are
liable to provide, and thereupon such Commissioners,
vestry, or district board may proceed to execute such works
in accordance with such copy, under the authority and
with the powers by this Act conferred.
12 — Any owner or owners of premises who is or are Power to
liable to provide for the execution upon such premises of owners°r
any flood works shown on any copy or copies of any part liable to
. , • !, -i , i • n f execute
or parts of such plan transmitted to him or them as atore- flood
said, may within twenty-eight days after the receipt of the works-
copy or copies of such part or parts of such plan as afore-
said, if he or they have not made any objection to execute
the flood works shown on such copy or copies, or if he or
they have made any such objection, within twenty-eight
days after the receipt by him or them of the order of the
Board made after consideration of such objection, give
notice to the Board of his or their intention singly or
jointly to execute to the satisfaction of the Board such
works as shown on such copy or copies, and thereupon
such owner or owners may, subject to the provisions of
this Act, singly or jointly enter upon any such premises
and proceed to execute such works in accordance with such
copy or copies, under the authority and with the powers by
this Act conferred.
13 — If the Commissioners of Sewers of the City of Power to
London, or any vestry, district board, or any owner of
premises, neglect during twenty-eight days after the re-
ceipt of the copy of any part of such plan as aforesaid, if case of
284 METROPOLIS MANAGEMENT (THAMES BIVER
default of
Sonera of
cSyof °*
London,
district
board, or
Sec. 13- they or he have not made any objection, to execute the
flood works shown on such copy, or if they or he have
made any such objection, during twenty-eight days after
*ke receipt by them or him of the order of the Board made
after consideration of such objection, neglect to give such
notice as aforesaid to the Board, or within twenty-eight
days thereafter neglect to begin to execute any flood works
shown on such copy, and for the execution of which such
Commissioners, vestry, district board, or owner are liable
to provide, or fail to carry on or complete such works,
when begun, with all reasonable despatch and to the satis-
faction of the Board, then and in every such case the
Board may, subject to the provisions of this Act, cause
the same to be executed, carried on, or completed, and
may for such purpose themselves and by their officers,
servants, and workmen enter upon such premises and do
all such acts, matters, and things as may be necessary for
the execution of such works.
Powers for
of fl°ood0n
works.
Powers of
14 — The Board, the Commissioners of Sewers of the
City of London, the vestry of any parish, the board of
works for any district, or any owner of premises, in the
execution of any flood works, in accordance with the pro-
visions of this Act, may carry the same through, along,
across, or under any street, or through, along, across, or
under any cellar or vault which may be under the pavement
of any street, and into, through, along, across, upon, or
under any lands, and may for such purpose enter upon any
such cellar, vault, and lands, and any premises in 'the
vicinity of or adjoining the same or connected therewith,
compensation being made for any damage done thereby in
manner provided by this Act.
15 — Where for the purpose of executing any flood works
m accordance with the provisions of this Act it is in the
opinion of the Board necessary that the Commissioners of
Sewers of the City of London, the vestry of any parish,
the board of works for any district, or any owner of premises
liable under this Act to provide for the execution of such
works, should take and use any premises not vested in
them or subject to their control or management, or of which
they or he are or is not the owner, or that the Board for
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 285
the purpose of executing such works in place of them or Sec. 15.
him should take and use such last-mentioned premises,
then and in every such case the Board may take and use
any such last-mentioned premises which may be required
for the purpose of executing such works, and the Board
shall for such purpose have and may exercise all the powers
of taking land conferred upon the Board by the principal
Act in relation to the taking of lands for works for the
purpose of the sewerage or drainage of the metropolis.
For the purposes of notices required by the principal
Act to be served upon owners or reputed owners of lands
before applying for the consent of the Secretary of State
to the taking of lands compulsorily, the term "owner"
shall, in relation to premises to be taken for the purposes
of this Act, have the same meaning as in the Lands Clauses a & 9 Viet.,
Consolidation Act, 1845.
When the Board have taken any premises under the
authority of this Act, they may by writing under their seal
authorise the Commissioners of Sewers, the vestry of any
parish, the board of works for any district, and any owner
to take or use the same for the execution of any flood
works in accordance with the provisions of this Act, and
thereupon such Commissioners, vestry, district board, or
owner may for such purpose take and use such premises
or any of them, and shall in respect of the same have all
and the same powers as though they or he were or was the
Board.
16 — For the purpose of executing any works under
authority of this Act, the Board, the Commissioners of flood works
Sewers of the City of London, the vestry of any parish, °£05J® and
the board of works for any district, and any owner of bed of the
premises liable to execute flood works, may, subject to the Shames.
provisions of this Act, construct any such works through,
along, over, or under the bed and soil and banks and
shores of the River Thames : Provided always, that no
such work shall be constructed in or upon the bed or shore
of the River Thames as defined by the Thames Conservancy
Act, 1857, except with the permission of the Conservators 20 & 21
of the said river, and under a license to be granted by the Cxfvii C<
said Conservators in accordance with the provisions of the
said last-mentioned Act.
286 METROPOLIS MANAGEMENT (THAMES RIVER
Provision 17 — Notwithstanding anything in this Act, the following
certain provisions shall apply and shall be the only provisions of
aockcom- this Act which shall apply to the execution of flood works
in the case of or with reference to the following dock com-
panies and their respective undertakings ; that is to say,
the London and Saint Katherine Docks Company, the
Surrey Commercial Dock Company, the Millwall Dock
Company, and the East and West India Docks Company :
(a) If the Board are of opinion that it is necessary for
the protection of any lands within the limits of this
Act from floods or inundations caused by the over-
flow of the Eiver Thames that the height or level
of any bank of any such dock company should be
raised, they may by notice in writing under the
hand of the chairman or engineer for the time being
of the Board, to be served upon the secretary or left
at the chief office of the company, require that the
height or level of such bank shall be raised by the
company to such an extent as the Board think
necessary and shall specify in the notice ; and if
the Company do not within one month after the
service of the notice upon them as aforesaid give
such notice to the Board as is hereinafter men-
tioned, the Company shall with all convenient speed
raise the height or level of such bank to the extent
specified in the notice.
(b) Within the said period of one month the company
may give notice in writing to the Board that they
consider the requirement of the Board to be un-
necessary in whole or in part for the purpose of
such protection as aforesaid, and that they desire
that the question whether such requirement is or
is not necessary shall be determined by arbitration,
and thereupon, upon the application either of the
company or the Board, the Board of Trade may
appoint a competent and impartial engineer as
arbitrator to determine the question.
(c) The arbitrator by his award may direct that the
height or level of any bank specified in the notice
of the Board shall be raised by the company to
such an extent as he may consider necessary, and
the company shall with all reasonable speed comply
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 287
with any such direction of the arbitrator. If the Sec. 17»
arbitrator is of opinion that the requirements of
the Board are unnecessary in whole or in part,
he shall so certify. The award of the arbitrator
shall be final and conclusive, and the costs of the
arbitration shall be in his discretion.
18 — For the purpose of giving effect to the provisions Power to
t , i • A i • j • j. • L inspect
of this Act, any engineer, surveyor, district surveyor, or lands,
other person duly authorised in writing by the Board or
by the Commissioners of Sewers of the City of London,
or by the vestry of any parish, or by the board of works
for any district, or by any owner of premises liable to
execute flood works, or the owner of such premises, may
enter upon any premises upon which any works executed
or to be executed by them or him in pursuance of this
Act are or will be situate, for the purpose of inspecting
or taking surveys of the same, at any time between the
hours of nine o'clock in the forenoon and four o'clock in
the afternoon ; and if any person during such hours refuses
to allow such engineer, surveyor, district surveyor, or
other officer or person, or any such owner, to enter upon
any such premises, or obstructs him in the making of
such inspection or survey, such person shall be liable to
a penalty not exceeding ten pounds, and to a further
penalty not exceeding five pounds for every day after the
first day during which he so continues to act in contra-
vention of this Act.
19 — In order to preserve the navigation of the Kiver Flood
Lee, the plan of any flood works to be constructed under upJn'the
the authority of this Act through, along, over, or under Jjjj^jj r
the bed or soil or banks or shores of the Eiver Lee within Lee toVbe
the limits of the jurisdiction of the Lee Conservancy J^°vf^
Board under the Lee Conservancy Act, 1868, which may Conserv-
interfere with the free navigation of the said river, shall Board,
be approved by the Lee Conservancy Board in writing v1.*3^
under their common seal before such works are commenced, ciiv."
certifying that the works according to such plan will not
interfere with the free navigation of the said river, and
thereupon such works shall only be executed in accordance
with such plan, and no alteration shall thereafter be made
288 METROPOLIS MANAGEMENT (THAMES RIVER
Sec. 19. in such plan, except with the approval of the Lee Con-
servancy Board in writing under their common seal as
aforesaid.
Saving
rights of
the Lee
Conserv-
ancy.
Board.
20 — Nothing in this Act contained shall extend or be
construed to extend to prejudice or derogate from the rights
of the Lee Conservancy Board, or to prohibit, defeat, alter,
or diminish any power, authority, or jurisdiction which at
the time of the passing of this Act the Lee Conservancy
Board did or might lawfully claim, use, or exercise, so far
as such rights, power, authority, or jurisdiction may be
exercised, or for the preserving of the free navigation of
the Eiver Lee.
Saving
th?com-
fornver-
ot5ernd
levels.
21 — Except in so far as may be necessary for the due
execution of this Act, nothing in this Act contained shall
affect, alter, abridge, or interfere with any of the rights or
powers at the time of the passing of this Act vested in the
Commissioners of Sewers for the levels of Havering,
Dagenham, Ripple, Barking, East Ham, West Ham,
Leyton, and Walthamstow, and for the respective borders
and confines thereof near to the same, as the same are
respectively standing, lying, running, and being in the
respective counties of Essex, Middlesex, and Kent, and
except in so far as the said rights and powers are varied
by or are inconsistent with the provisions of this Act they
shall continue in full force.
Mainten-
ance and
repair of
banks.
Maintenance of Banks.
22 — The bodies and persons by this Act liable to provide
for the execution of flood works upon any premises shall
respectively be liable to maintain and repair the banks
upon the same, and shall for the purpose of such mainten-
ance and repair, in accordance with any plan or specifica-
tions approved of by the Board, have all and the same
powers and be subject to all and the same conditions as
are by the preceding provisions of this Act conferred and
imposed upon them respectively with respect to the
execution of flood works in accordance with plans by the
Board.
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 289
23 —From and after the passing of this Act, if any Penalty for
person make any alteration to any bank so as to affect the ^banks*1
security of the premises upon which the same is situate, without
. J • j- .,1 t 'consent of
or of any other premises adjacent or near thereto, from Board,
flooding caused by the overflow of the Eiver Thames,
without the previous sanction in writing of the Board,
such person shall be liable to a penalty not exceeding ten
pounds, and in the case of a continuing offence to a further
penalty not exceeding ten pounds for every day after the
first day after the making of such alteration until the same
be sanctioned by the Board as aforesaid, or if the same is
not so sanctioned until such bank be restored to its former
condition to the satisfaction of the Board.
24 — Whenever it is made known to the Board that any survey and
bank in any parish or in any district within the limits of aXerous
this Act is out of repair, dangerous, or insufficient for theorinsuffi-
ff , .. f • -ii • ,1 i» »A n cient banks
ertectual protection of any premises within the limits 01 and main-
this Act from floods or inundations caused by the overflow anTrepair
of the Eiver Thames, they shall require a survey of such of same,
bank to be made by the district surveyor or by some other
competent surveyor, and it shall also be the duty of the
district surveyor to make known to the Board any infor-
mation he may receive with respect to any bank being in
such state as aforesaid :
Upon completion of his survey such district or other
surveyor shall certify to the Board his opinion as to the
state of any such bank as aforesaid :
If such certificate is to the effect that such bank is not
out of repair, dangerous, or insufficient for the purposes
aforesaid, no further proceedings shall be had in respect
thereof ; but
If it is to the effect that such bank is out of repair,
dangerous, or insufficient for the purposes aforesaid, the
Board shall cause notice thereof to be served upon the
Commissioners of Sewers of the City of London, the
vestry of any parish, or the board of works for any district,
or owner of premises liable to execute flood works in rela-
tion thereto, specifying the flood works which are in their
opinion necessary for repairing such bank, removing any
cause of danger in relation thereto, or rendering the same
sufficient for the purposes aforesaid (which works are in
19
290 METROPOLIS MANAGEMENT (THAMES EIVEE
Sec. 24. this Act referred to as " works of maintenance''), and
transmitting therewith a plan showing the line and level
of the same, and such sections, estimates, and other
information relating to the same as they may think proper,
and thereupon all the preceding provisions of this Act as
to the giving notices to the Board in relation to the execu-
tion of such works, and to objections as to the mode of
such execution, and to the execution of such works, shall
extend and apply to the giving of notices to the Board in
relation to the execution of such works of maintenance,
and to objections as to the mode of such execution, and
to the execution of such works of maintenance, in like
manner in every respect as though such works of main-
tenance had been works shown on the plan referred to in
such preceding provisions and prepared by the Board
immediately after the passing of this Act as aforesaid.
Compensation.
Mode of 25 — Any person or body who claims compensation for
?ngamount anv damage caused by the execution of any flood works
of compen- under the authority of this Act, or in respect of any lands
damages' or anv interest in lands taken or used for the purposes of
execution or mjuri°usly affected by the execution of flood works
offlCood°n under the authority of this Act, may claim such compen-
works, &c. 8at;ion from the Board ; and if such person or body and
the Board do not agree with respect to such claim, then
and in every such case the validity of such claim and the
amount of compensation (if any) payable in respect thereof
shall, on the application of either party, be determined by
arbitration by the standing arbitrator hereinafter referred
to, subject to and in accordance with the provisions of this
Act, and such provisions shall be in substitution for the
provisions with respect to the tribunal for determining the
settlement of questions of disputed compensation contained
in the principal Act or any Act incorporated therewith,
and the amount of compensation payable in respect of any
such claim, when agreed upon or determined as aforesaid
shall be paid by the Board as though the same were com-
pensation payable in respect of lands taken under the
authority of the principal Act : Provided always, that the
owner or occupier of any lands shall not be entitled to
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 291
any compensation on account of the execution by himself Sec. 25.
or by any other person or body of any flood works for
which such owner is in pursuance of this Act liable to
provide upon any lands of which he is the owner or occu-
pier unless after the execution of such works such lands
are permanently injuriously affected thereby, and then
only to the extent of such permanent injury.
26 — When any claim is made for compensation
the authority of this Act the standing arbitrator shall have arbitrator
power to decide upon the validity of such claim, and to amount of
determine what (if any) compensation shall be made to compensa-
the person or body making such claim, and in adjudicating lc
upon such claim the standing arbitrator shall have regard
to the nature of the flood works with respect to which the
claim has arisen, the manner in which the same have been
executed, the benefit (if any) which has accrued or which
may reasonably be expected to accrue to the person or
body making such claim by reason of the execution of such
works, and generally to all the circumstances of the case ;
and the standing arbitrator may, in determining the com-
pensation to be paid for any lands or interest in lands
taken or injuriously affected under the authority of this
Act, according as he shall think fit, include in or exclude
from such compensation an allowance in respect of the
compulsory powers of this Act, and he may make such
order as to the payment of the costs of such arbitration
wholly or in part by the Board or the claimant, as he
shall think just.
27 — For the purpose of determining the validity of claims Appoint-
for compensation and the amount of compensation payable Sanding
in respect of any claim declared to be valid by this Act arbitrator.
directed to be settled by arbitration, there shall be an
arbitrator, in this Act called the " standing arbitrator,"
appointed and acting as follows ; (that is to say),
(1) The Secretary of State shall before the 31st day of
December in the year 1879, and before the same
day of December in every third succeeding year, by
writing under his hand appoint a standing arbitrator
and fix the remuneration to be paid to him, and
every person so appointed shall continue in office
292 METROPOLIS MANAGEMENT (THAMES RIVER
Sec. 27- for three years from such 31st day of December in
such years respectively :
(2) Any standing arbitrator may be removed from his
office by the Secretary of State by writing under
his hand :
(3) If any standing arbitrator during his term of office
dies or resigns or is removed from office, the
Secretary of State shall in manner aforesaid, with-
in one month after notice of his death or resignation
or removal, appoint another person to be a standing
arbitrator in his place, and the person so appointed
shall continue in office as long only as the person
in whose place he is appointed would have been
entitled to continue in office :
(4) The remuneration of the standing arbitrator shall
be paid by the Board.
Before any standing arbitrator enters upon the duties of
his office he shall in the presence of a justice make and
subscribe the following declaration ; (that is to say),
"I, A. B., do solemnly and sincerely declare that I will
faithfully and honestly, and to the best of my skill
and ability, hear and determine all matters which
may from time to time be referred to me under the
provisions of the Metropolis Management (Thames
Eiver Prevention of Floods) Amendment Act, 1879.
"A.B."
And if the standing arbitrator having made such declara-
tion wilfully acts contrary thereto, he shall be guilty of a
misdemeanour.
If any reference is pending before a standing arbitra-
tor at the time when he resigns or goes out of office by
effluxion of time, it shall nevertheless be proceeded with
by him, and his decision shall have the like eftect as if he
had not resigned or gone out of office.
Proceed- 28 — The standing arbitrator shall appoint a place and
standing*6 ^me *or ^e Bearing of any matter coming before him, and
arbitrator, shall cause six days previous notice thereof to be given in
such manner as he shall think proper, and at such place
and time shall consider such matter and hear the
parties appearing byi themselves, their counsel, solicitors,
or agents, and take evidence, and the standing arbitrator
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 293
may administer an oath or an affirmation (where an affir- Sec. 28-
mation in lieu of an oath would be admitted in a court of
justice) to any person before hearing any evidence from
him, and may admit the affidavit or declaration of any
person.
The standing arbitrator, on the application of any party,
may by summons require the attendance before him of any
person to be examined as a witness before him, and may,
on the like application, by summons require any person
to bring before him all books, papers, and writing > n his
possession, custody, or control relating to any matter to
be inquired into by the standing arbitrator.
Every person so summoned shall attend the standing
arbitrator and answer all questions touching the matter to
be inquired into, and bring and produce all papers, books,
and writings required according to the tenor of the summons;
and any such person not attending in obedience to such
summons, or refusing to answer such questions, or failing
to bring or produce such papers, books, and writings as
aforesaid, shall be liable, if the standing arbitrator shall so
order, to a penalty not exceeding fifty pounds : Provided
that any person so summoned shall not be bound to obey
the summons unless a reasonable sum is first paid or
tendered to him for his expenses.
If any person on examination on oath or affirmation
before the standing arbitrator, or in any affidavit or declara-
tion used before the standing arbitrator, wilfully gives false
evidence, he shall be deemed guilty of perjury.
In case any party fail to appear at the time and place
appointed for the hearing of any matter by the standing
arbitrator, the standing arbitrator may proceed with the
hearing of such matter in the absence of such party.
The decision of the standing arbitrator in any arbitration
under this Act shall be final and binding upon the parties
to such arbitration.
No award made by the standing arbitrator in accordance
with this Act shall be set aside for 'any irregularity or
informality.
Financial.
29 — The expenses from time to time incurred by the
Commissioners of Sewera of the City of London in the
294 METROPOLIS MANAGEMENT (THAMES RIVER
Sec. 29. execution of any flood works under this Act, and any
Payment of expenses which the Board may from time to time require
Co^nmfs8-0* Payment of from the said Commissioners as hereinafter
Bioners of provided, shall be paid by the said Commissioners out of
City6©? °f any rates which the said Commissioners are authorised to
London, direct to be made under any Act relating to the sewerage
of the said city, or out of moneys borrowed on the security
of such rates ; and the said Commissioners shall have full
power from time to time to raise the amount of any such
expenses, and the interest on any moneys borrowed as
aforesaid, and any moneys required for the repayment
thereof, by any such rate which they may be authorised
to direct to be made as aforesaid or by any addition thereto.
Payment of 30 — Any vestry or district board, for the purpose of
^t®nesesof paying any expenses from time to time incurred by them
and in the execution of any flood works under this Act or any
boards! expenses which the Board may from time to time require
payment of as hereinafter provided, shall from time to
time raise the sums they may require by borrowing or by
means of rates in every respect as if such expenses were
expenses of such vestry or district board incurred in the
execution by them of the principal Act in relation to the
sewerage of their parish or district ; and any such vestry
or district board in any case in which it appears to them
that such expenses have been incurred for the special
benefit of any particular part of their parish or district,
or have not been incurred for the equal benefit of the
whole of their parish or district, may by order direct the
sum or sums necessary for defraying such expenses, or
any part thereof, to be levied in such part or exempt any
part of such parish or district from the rates, or require a
less rate to be levied thereon, as the circumstances of the
case may require ; and any such district board may refrain,
where any entire parish or parishes ought in their judg-
ment to be so exempt, from levying any money thereon,
notwithstanding they may issue any order or orders for
levying sums upon any other parish or parishes in their
district.
All the provisions of the principal Act concerning orders
by vestries and district boards requiring overseers of
parishes to levy and pay sums required by vestries and
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 295
district boards for defraying their expenses in relation to Sec.
the sewerage of their parish or district as aforesaid, and
for and in relation to the making of rates for such purposes,
and for levying and enforcing payment of the same, shall
extend and apply to and in the case of all sums required
by vestries and district boards for defraying the expenses
incurred by them in the execution of this Act, and for
paying interest on moneys borrowed for the payment of
such expenses and for repaying such moneys under the
authority of this Act.
31 — Where the Board execute any flood works for the power to
execution of which the Commissioners of Sewers of the
City of London, the vestry of any parish, the board
works of any district or any owner of premises were
was liable to provide, they may by order require payment jg J]jje or
of and recover the whole or such part as they may think
just of the expenses incurred by them in respect of the
execution of the same (exclusive of any moneys paid or
any expenses incurred by them in respect of or in relation
to compensation) from the said Commissioners, from such
vestry, board of works, or owner :
Provided also, that if the said Commissioners or any
vestry, district board, or owner feel aggrieved by the
amount of any sum required by order of the Board to be
paid by them or him in respect of any such expenses so
incurred by the Board as aforesaid, they or he may at any
time within twenty-one days after service of any such
order decline to pay such amount, and thereupon the
amount of such sum shall be determined by arbitration
by the standing arbitrator, who, upon the application of
either party, shall, having regard to all the circumstances
of the case, determine the amount of the sum to be paid
to the Board in respect of such expenses, and shall make
such order as to the payment of the costs of such arbitra-
tion as he shall think just, and the amount so fixed shall
be paid to and may be recovered by the Board.
Where any sum is payable to the Board by any owner
of premises in pursuance of this section, the Board shall,
if required by such owner, accept payment of such sum
by half-yearly instalments of such amount as will be
sufficient to discharge the same, together with interest on
296 METROPOLIS MANAGEMENT (THAMES RIVER
Sec. 31. so much thereof as shall for the time being remain unpaid,
at the rate of five pounds per centum per annum, in thirty
years from the date when such sum became payable by
such owner, and thereupon the Board shall be entitled
from time to time to require payment of such half-yearly
instalments from the owner of such premises for the time
being ; and until all such instalments shall be fully paid
off they shall be a charge upon such premises in priority
of all other charges and incumbrances whatsoever, except
the land tax and the property tax charged upon the owner,
and shall from time to time be paid by the owner of such
premises for the time being to and may be recovered by
the Board.
Rentcharge 32 — Where any owner of lands has incurred any ex-
Santedin penses in pursuance of this Act, the Board, on being satis-
wo?ksct°f ^at suck exPenses nave been duly incurred, may
by order under their seal grant to such owner a yearly
rentcharge issuable out of the lands in respect whereof
such expenses have been incurred and specified in such
order, and thereupon such lands shall be subject to and
charged with the payment of such rentcharge in priority
of all other charges or incumbrances whatsoever (except
the land tax and the property tax charged upon the owner),
and such rentcharge shall be payable by the person who
for the time being is the owner of such premises.
Such rentcharge shall be personal estate, and shall be-
gin to accrue from the day of completion of the works in
respect of which such expenses shall in any such order be
expressed to have been incurred, and shall be payable by
equal half-yearly payments on the days mentioned in such
order during a term not exceeding thirty years, in such
manner that the whole of such expenses, with the costs
of preparing the said order, together with interest thereon
respectively at the rate of five pounds per centum per
annum on the sum from time to time remaining unpaid,
shall be repaid at the end of the said term.
At any time before the expiration of the term during
which any such instalments or any such rentcharge are or
is payable, the person liable to pay the same may redeem
such instalment or rentcharge by paying to the Board or
to the person entitled to receive the expenses in respect
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 297
of which such instalments are payable or such rentcharge Sec. 32.
was granted, or such part thereof respectively as may
not have been defrayed by the half-yearly payments of
such instalments or rentcharge respectively already
made.
Whenever any annual payment by way of instalment
or rentcharge is under this Act payable by the owner for
the time being of any lands, and such owner for thirty
days after notice requiring him to pay the same makes
default in paying the same, then and in every such case
the Board or the person entitled thereto shall be at liberty
to require the occupier of such premises to pay the same
to them or him, and in case any such occupier shall for
fourteen days after notice in writing by the Board or person
so entitled as aforesaid requiring him to make such pay-
ment make default therein, then and in every such case
the Board or such person entitled as aforesaid may recover
the amount due in respect of such rentcharge or instalments
from such occupier in the same manner and with the like
remedies in every respect as if they or he were overseers
of the poor of the parish in which such premises are
situate, and as if the amount due were poor rates in arrear
in respect of such premises : Provided always, that where
any payment is made by or recovered from any occupier
under this section, he shall be entitled to deduct the
amount of the same from any payment he may from time
to time be liable to make to the owner until he be reim-
bursed such amount.
33 — The Board, for the purpose of paying any expenses power to
from time to time incurred by them under this Act, may JJ^Jyg
apply any moneys raised or authorised to be raised by raised
them under any Act of Parliament and not required for "the6/ Acts
the purposes of that Act, and also any moneys which they j^®*^ ^ses
may be authorised to raise for the purposes of this Act. by Board
under this
Act.
34 — All expenses incurred by the Board in the execution Expenses
by them of this Act, and not hereby otherwise provided of Board-
for, shall be deemed to be expenses incurred by them in
the execution of the principal Act, and shall be raised and
paid accordingly.
298 METROPOLIS MANAGEMENT (THAMES RIVER
As to
liability in
respect of
certain
flood works
for which
persons are
liable by
Act of
Parlia-
ment, by
prescrip-
tion,
tenure, or
otherwise
by law.
Recovery
of ex-
penses.
35 — Nothing in this Act contained shall exempt from
liability to maintain and repair any bank any person or
body who is by Act of Parliament, by prescription, or by
reason of tenure, or otherwise by law liable to maintain or
do any repairs to any bank : Provided always, that when-
ever any flood works have been executed by any body or
person in pursuance of this Act affecting such bank, and
in relief of the liability of the person or body liable to
maintain or do any repair to such bank as aforesaid in re-
spect of such maintenance and repair thereof, then and in
every such case the person or body so liable as aforesaid
shall pay to the body or person executing such works such
sum as is hereafter in this section mentioned.
The sum to be paid by such person or body in respect
of such works shall be such sum as may be agreed on be-
tween such person or body and the body or person execut-
ing such works as aforesaid or in default of agreement as
may be settled by arbitration by the standing arbitrator,
who, upon the application of either party, shall settle the
same, and shall in settling the same have regard to the
expenses which the person or body by whom such sum is
to be paid would have reasonably been liable to incur in
respect of the maintenance or repair of such bank as
aforesaid if such works had not been executed as aforesaid,
and who shall make such order as to the payment of the
cos^s of such arbitration as he shall think just.
Any moneys received by the Board, the Commissioners
of Sewers of the City of London, the vestry of any parish,
or the board of works of any district under the provisions
of this section, shall be applied by them towards the pay-
ment of expenses which they have incurred or may incur
in the execution of works in pursuance of the provisions of
this Act.
Where the expenses of any such works are made a charge
by the Board upon any premises, any moneys received by
the Board in respect of the same under the provisions of
this section shall be applied by the Board in reduction of
the amount of such charge.
Miscellaneous.
36 — Any expenses recoverable by the Board under the
authority of this Act may be recovered in manner pre-
PEEVENTION OF FLOODS AMENDMENT ACT, 1879, 299
scribed by the principal Act with respect to the recovery Sec. 36.
of expenses directed by that Act to be recovered in a
summary manner.
37 — A notice or order under this Act may be wholly or AS to
partly in writing or in print, and may be served on the
owner or occupier of any premises by leaving the same
with the occupier of such premises or with some inmate
of his abode, or if there is no occupier by putting up such
notice, plan, or order on a conspicuous part of the building
or premises to which the same relates, and it shall not be
necessary to name the owner or occupier of such premises ;
nevertheless, when the owner of any such premises and
his residence or that of his agent is known to or can with
reasonable diligence be discovered by the party by whom
or on whose behalf any notice or order is intended to
be served, it shall be the duty of such party to send
a copy of every such notice or order by the post in a
registered letter addressed to the residence or last known
residence of such owner or of his agent.
The term " notice " in this section shall include
plan.
38 — Nothing in this Act contained shall be taken to Agreement
avoid any contract made between any landlord and tenant ^diord
of any lands to which the provisions of this Act relate with Jjj^ ^|nt
respect to the execution of any flood works or of any other avoided,
works for the protection of such lands or any lands adjoin-
ing or near the same from floods or inundations caused by
the overflow of the Eiver Thames, or with respect to the
maintenance and repair of such lands, or of any house,
building, or other erection thereupon, or with respect to
any payments, rates, dues, and sums of money payable in
respect of such lands, house, building, or other erection ;
and any moneys paid by any landlord or any tenant in
pursuance of this Act, in relation to any matters with
respect to which under any such contract such tenant or
landlord is liable, may be recovered by such landlord as
rent due by such tenant, or be deducted by such tenant
from any rent from time to time due by him to such
landlord.
300 METROPOLIS MANAGEMENT (THAMES RIVER
rMhtsgof *® — Nothing in this Act contained shall extend or be
the Con- construed to extend to prejudice or derogate from the
ofthetors estates or rights of the Conservators of the Eiver Thames,
River or to prohibit, defeat, alter, or diminish any power, autho-
Thames.
jurisdiction which at the time of the passing of this
Act the said Conservators did or might lawfully claim,
use, or exercise.
saving 40 — Nothing contained in this Act shall extend to
thehDuciiy authorise the Board to take, use, enter upon, or interfere
wa8°rm" w^ any lan<^> so^> or water> or any rights in respect
thereof, belonging to Her Majesty, her heirs or successors,
in right of the Duchy of Cornwall, without the consent in
writing of some two or more of such of the regular officers
of the said duchy or of such other persons as may be duly
26&27 authorised under the provisions of the Duchy of Cornwall
Viet., c. 49. Management Act, 1863, section 39, to exercise all or any
of the rights, powers, privileges, and authorities by the said
Act made exerciseable or otherwise for the time being
exerciseable in relation to the said duchy, or belonging to
the Duke of Cornwall for the time being, without the con-
sent of such Duke, testified in writing under the seal of
the Duchy of Cornwall, first had and obtained for that
purpose, or to take away, dimmish, alter, prejudice, or
affect any property, rights, profits, privileges, powers, or
authorities vested in or enjoyed by Her Majesty, her heirs
or successors, in right of the Duchy of Cornwall, or in or
by the Duke of Cornwall for the time being.
saving 41 — Nothing contained in this Act shall authorise the
thehcrown Board, the Commissioners of Sewers of the City of London,
' the vestry of any parish, the board of works for any district,
or any owner of premises liable to execute flood works,
to take, use, or in any manner interfere with any land or
hereditaments, or any rights of whatsoever description,
belonging to the Queen's most Excellent Majesty in right
of her Crown, and under the management of the Commis-
sioners of Her Majesty's Woods, Forests, and Land
Eevenues, or either of them, without the consent in writing
of the same Commissioners, or one of them, on behalf of
Her Majesty, first had and obtained for that purpose (which
consent such Commissioners are hereby respectively
PREVENTION OF FLOODS) AMENDMENT ACT, 1879. 301
authorised to give) ; neither shall anything in the said Act Sec. 41.
contained extend to take away, prejudice, diminish, or alter
any of the estates, rights, privileges, powers, or authorities
vested in or enjoyed or exerciseable by the Queen's Majesty,
her heirs or successors.
42 — Nothing in this Act shall authorise the Board to Saving
exercise any power or control whatsoever in or over any tn?crown
lands or hereditaments which now are or hereafter shall in respect
be vested in the Crown or in the Commissioners of Her veeteeulf y
Majesty's Works and Public Buildings for public purposes or^fjJe™
or for the public service, or under the management of the Commis-
same Commissioners for the like purposes or service.
Majesty's
43 — From and after the passing of this Act the pro-
visions of sections sixty-nine and seventy of the principal faction? °f
Act, so far as they relate to the execution and maintenance 69 & 70 of is
of flood works and banks as defined by this Act by vestries c. 120, as "
and district boards, shall cease to be in force or to have fljjj68 to
effect. works, &c.,
to cease to
be in force.
44 — Every penalty, fine, or forfeiture imposed by this Recovery
Act, or for default or breach of any < regulation, restriction, and°aVppii-
or condition made or imposed in pursuance thereof, may penalties.
be sued for and recovered by the Board, or any officer or
servant by them authorised, as if it were a penalty or
forfeiture imposed by the principal Act, and shall be paid
to the Board and applied by them towards the expenses
of carrying this Act into execution, anything contained in
an Act made and passed in the session holden in the
second and third years of the reign of Her present Majesty,
chapter seventy-one, or in any other Act or Acts, to the
contrary notwithstanding.
45 — The costs, charges, and expenses preliminary to Expenses
and of and incidental to the preparing of, applying for, of Act-
obtaining, and passing of this Act shall be paid by the
Board.
302
METROPOLITAN BOARD OF WORKS
(VARIOUS POWERS) ACT, 1882.
45 VlCT., C. LVI.
SECTION PAOB
45. Board may require means of exit from theatres, &c., to
be kept open 303, 304
303
METEOPOLITAN BOARD OF WORKS
(VARIOUS POWERS) ACT, 1882.
45 VlCT., C. LVI.
45 — Where any house or other place of public resort Board may
within the metropolis which is for the time being autho- me^of
rised to be kept open for the public performance of stage g^gj™
plays is kept open for such purpose under the authority &c., to be
of letters patent from Her Majesty her heirs and successors kept open>
or predecessors or of a license granted by the Lord
Chamberlain of Her Majesty's household for the time
being or by justices of the peace or where any house
room or other place of public resort within the metropolis
containing a superficial area for the accommodation of the
public of not less than five hundred square feet which is
for the time being authorised to be kept open is kept open
for dancing music or other public entertainment of the
like kind under the authority of a license granted by any
court of quarter sessions the Board may serve a notice in
writing upon the person by whom such house room or
place of public resort is so kept open requiring him to
comply with any such requirements as the Board may
think expedient with respect to all or any of the matters
following (that is to say) : —
The times during which the doors or any of the doors
affording means of exit from any such house room or
place of public resort shall be kept open during the
times fixed for the admission of the public to or the
presence of the public in or the departure of the
public from such house room or place of public
resort.
The conditions under which such doors or any of such
doors may be closed during the times aforesaid and
304 (VARIOUS POWERS) ACT, 1882.
Sec. 45. the persons to be charged with the duty of closing
and opening the same.
The nature of the fastenings to be used for the purpose
of keeping such doors or any of such doors closed
during the times aforesaid.
The notices to be posted in such house room or place of
public resort specifying the means of exit therefrom.
In case any such house room or place of public resort
is kept open by any person for any of the purposes afore-
said while all or any the requirements of such notice are
not complied with such person shall be liable to a penalty
not exceeding ten pounds for every day on which such
house room or place of public resort is so kept open after
service of such notice.
Any person authorised by the Board in writing may at
any time during the times fixed for the admission or
presence of the public and at all other reasonable times
enter and inspect any such house room or place of public
resort for the purpose of ascertaining whether any such
notice should be served by the Board with respect to such
house room or place of public resort or whether the re-
quirements of any such notice are complied with and if
any person refuses to admit any person so authorised or
to afford him all reasonable assistance in such inspection
then in every such case the person so refusing shall incur
for each offence a penalty not exceeding twenty pounds.
305
THE LONDON COUNTY COUNCIL
(GENERAL POWEKS) ACT, 1890.
The following Section (32) of the above Act is the only one remain-
ing in force relating to building.
SECTION PAGE
32. Notice to be given to Vestry or District Board, of build-
ng or demolishing any house, building, or wall - 306-307
20
306
THE LONDON COUNT Yi COUNCIL
(GENERAL POWERS) ACT, 1890.
[See Fourth Schedule L.B.A., 1894, page 165.]
The following Section (32) of the London Council (General
Powers) Act, 1890, 53 & 54 Viet., c. 218, is the only
one remaining in force relating to building.
Notice to 32 — Every person who shall intend to build or take
veiftry or° ^own anv house, building, or wall (not being within the
District City of London), within ten feet of any public thorough -
buUd!ngorfareJ snall give notice of such intention to the Vestry or
demolish- District Board of the parish or district in which such
house,y house, building, or wall is situate, and shall, before com-
orwai?8' niencing to build or take down any such house, building, or
wall, cause to be put up such hoard or fence, with a con-
venient platform and handrail (if there be room enough),
for the same to serve as a footway for passengers outside
of such hoard or fence, as the Vestry or District Board
may think to be proper and sufficient, and shall continue
such hoard or fence and such platform and handrail standing
and in good condition to the satisfaction of the Vestry or
District Board during the building or taking down of any
such house, building, or wall, unless the Vestry or District
Board shall give their consent in writing to its previous
removal, and shall, when required so to do by the Vestry
or District Board, cause such hoard or fence and such plat-
form and handrail to be well lighted from sunset to sunrise :
Every person who fails to give such notice to the Vestry
or District Board, or who commences to build or take down
any such house, building, or wall, without causing to be put
up such hoard or fence with or without such convenient
platform and handrail, or who does not continue such
hoard or fence with or without such convenient platform
(GENERAL POWEES) ACT, 1890. 307
and handrail in good condition to the satisfaction of, the Sec. 32.
Vestry or District Board as aforesaid, or who does not
when required so to do cause such hoard or fence with or
without such platform and handrail to be well lighted from
sunset to sunrise, shall for every such offence be liable to a
penalty not exceeding five pounds, and a further penalty
not exceeding forty shillings for every day on which such
offence shall continue after conviction thereof, such penalties
to be recovered by summary proceeding.
308
THE METROPOLIS MANAGEMENT
AMENDMENT ACT, 1890.
53 & 54 VIOT., o. 66.
SECTION r PAGE
1, 2. Preliminary - 309
3. Power to Vestry or District Board to repair a road or
way, not being a street 309, 310
4. Penalty for making sewers contrary to plans approved 310, 311
5. Penalty in case of connections with local sewers - 311, 312
6. Subsoil under a street, road, passage, or way not to be
removed without the consent of the Vestry or District
Board or Council 312-314
7. Surveyor or other officer to see that conditions are observed 314
8. Limited application of Act to City of London - - 314
9. Penalties and expenses - 314
10. Expenses of Act - - 314
309
THE METKOPOLIS MANAGEMENT
AMENDMENT ACT, 1890.
53 & 54 VIOT., c. 66.
An Act to amend the Metropolis Management Acts.
[llth August 1890.]
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 Parlia-
ment assembled, and by the authority of the same as
follows : —
1 — This Act may be cited for all purposes as the Metro- short Title,
polis Management Amendment Act, 1890.
2 — In this Act —
"The Metropolis Management Acts" includes the interpreta-
Metropolis Management Act, 1855, and any Acts J^&'IQ
amending the same. vict" c- 20-
Terms to which meanings are assigned by the Metro-
polis Management Acts have the same respective
meanings.
" The Council " means the London County Council.
3 — Any Vestry or District Board may from time to power to
time execute any necessary works of repair upon any or ^Strict*1
any part of any carriage road within their parish or dis- Board to
trict which shall have been used for not less than six SaTorway
months for public traffic, and which may not at the time g£eeteing a
of such repair have become repairable by them, and shall
not by undertaking such repair prejudice or affect the
310 THE METROPOLIS MANAGEMENT
Sec. 3. powers of such Vestry or District Board to apportion and
recover the expenses of paving such road or way if and
when the same shall be paved as a new street under the
Metropolis Management Acts.
The expenses of and incident to such repair may in the
first instance be paid by the Vestry or District Board in
the same manner as the expenses of repairing other streets
repairable by them, and shall, as soon as may be thereafter,
be apportioned upon and recovered from the owners of the
houses and land bounding or abutting on such road or part
thereof in the same manner as if such expenses were ex-
penses of paving such road or part thereof as a new street
under the provisions of the Metropolis Management Acts
relative thereto, and the amount of the expenses so appor-
tioned may be recovered by the Vestry or District Board
in a court of competent jurisdiction.
Provided that no railway company shall be liable under
this section to pay the proportion of the expenses of and
incident to such works of repair apportioned upon them in
respect of lands abutting on any such road, and used solely
as part of their line of railway and sidings, and having no
direct communication with such road, and the amount ap-
portioned upon any such company in respect thereof shall
• be paid by the Vestry or District Board. But in the
event of such company making a direct communication
with such road before the same is taken over by the Vestry
or District Board, a just share of the said expenses shall
be payable by such company to the Vestry or District
Board, and the amount of such share shall, in case of dif-
ference between the railway company and the Vestry or
District Board, be fixed in a summary way by any metro-
politan police magistrate in whose district such road shall
be wholly or partly situate, and shall be payable on demand
to the Vestry or District Board.
Stroud v. Wandsworth District Board of Works. It is for the
Vestry or District Board to decide as to the necessity of the works,
and they are not bound to prove such necessity to the satisfaction
of the tribunal before which they seek to recover expenses [(1894),
2 Q.B. (C.A.) 1].
4 — Any person making any sewer, .or branching any
sewer or drain into any sewer vested in the Council, with-
AMENDMENT ACT, 1890. 311
out the approval in writing of the Council first had and Sec. 4.
obtained, or otherwise than in accordance with a plan and Penaity fo
section thereof approved by the Council, or causing anymaking
, ** , J , m , ' i -I i n i sewerston
such sewer or dram to be so made or branched, shall be trary to
liable to a penalty not exceeding fifty pounds. approved.
The Council may by notice in writing to the owner or
owners of the premises connected with the sewer or drain
so improperly made or branched, or (if there are no such
premises) of the land in which it is placed, require such
owner or owners forthwith to remove such sewer or drain
or to reconstruct the same at his or their expense to the
approval of the Council in accordance with the plan an.d
section approved as aforesaid, and in the event of such
owner or owners failing to comply; with the terms of such
requisition, such owner or owners, as the case may be,
shall be severally liable to a penalty not exceeding five
pounds for every day during which he or they shall fail
to comply therewith. And the Council may execute the
works required and recover the costs and expenses thereof
in a court of summary jurisdiction from the person who
shall have made or branched, or caused to be made or
branched, the sewer or drain, or from the owner or owners
of the premises connected therewith, or (if there are no
such premises) of the land in which it is placed. Provided
that if the premises of more than one owner are at the
time of the commencement of the work by the Council con-
nected with any such sewer, the costs and expenses thereof
shall be apportioned amongst and recoverable from such
owners in proportion to the rateable value of the premises
respectively connected therewith.
Provided also that in the event of any such costs and
expenses being paid to the Council by any such owner or
owners, then such owner or owners shall be entitled to
recover in a court of summary jurisdiction the amount so
paid by them from the person who made or branched or
caused such sewer or drain to be made or branched in
manner aforesaid.
5 — Any person making any sewer or branching any Penalty in
sewer or drain into any sewer vested in any Vestry or Sections0*
District Board without the approval in writing of such
Vestry or District Board'first had and obtained, or other-
312 THE METEOPOLIS MANAGEMENT
Sec. 5. wise than in accordance with the plan and section thereof,
if any, approved by the Council under the provisions of
the Metropolis Management Acts relative thereto, or
causing any such sewer or drain to be so made or branched,
shall be liable to a penalty not exceeding fifty pounds.
The Vestry or District Board concerned may, by notice in
writing to the owner or owners of the premises connected
with the sewer or drain so improperly made or branched,
or (if there are no such premises) of the land in which
it is placed, require such owner or owners forthwith to
remove such sewer or drain, or to reconstruct the same at
his or their expense to the approval of such Vestry or
District Board and in accordance with the plan and section
approved as aforesaid, and in the event of such owner or
owners failing to comply with the terms of such requisi-
tion, such owner or owners, as the case may be, shall be
severally liable to a penalty not exceeding five pounds for
every day during which he or they shall fail to comply
therewith, and the Vestry or District Board may execute
the works required and recover the costs and expenses
thereof in a court of summary jurisdiction from the person
who shall have made or branched, or caused to be made or
branched, the sewer or drain, or from the owner or owners
of the premises connected therewith, or (if there are no
such premises) of the land in which it is placed.
Provided that if the premises of more than one owner
are at the time of the commencement of the work by the
Vestry or District Board connected with any such sewer,
the costs and expenses thereof shall be apportioned amongst
and recoverable from such owners in proportion to the
rateable value of the premises respectively connected there-
with.
Provided also that in the event of any such costs and
expenses being paid to the Vestry or District Board by any
such owner or owners, then such owner or owners shall be
entitled to recover in a court of summary jurisdiction the
amount so paid by them from the person who made or
branched or caused such sewer or drain to be made or
branched in manner aforesaid.
6 — Subject to the provisions of this Act, it shall not be
lawful after the passing of this Act to form or lay out, or
AMENDMENT ACT, 1890. 313
to commence to form or lay out any street, road, passage, Sec. 6.
or way over land from which sand, gravel, or other subsoil Subsoii
has been excavated or removed, until the site and subsoil under a
of the street, road, passage or way has been properly road, '
levelled and made good to a sufficient depth with stones, ^y8n?t to*
gravel, or other suitable material to form a sound founda- be removed
tion, to the satisfaction of the Vestry or District Board, Se^on-
to be expressed in writing, and it shall not be lawful tOy^^J6
excavate, remove, or take away any sand, gravel, or subsoil District
from any land upon which any street, road, passage, or
way has been wholly or in part formed or laid out, or upon
which it is intended to form or lay out any street, road,
passage, or way, except upon such conditions as to the
levelling and making a proper foundation for the same as
the Vestry of the parish or District Board of the district
may in writing impose. Provided that this section shall
not apply where no more sand, gravel, or subsoil has been
or is intended to be excavated, removed, or taken away
than is necessary to level or form a foundation for the
paving, metalling, or flagging of any street, road, passage,
or way. If the Vestry or District Board shall refuse their
approval in writing, or shall impose conditions, any com-
pany or person dissatisfied with such refusal or with such
conditions may, within seven days from the date of receiv-
ing notice of such refusal or of such conditions, appeal
to the Council, and such appeal shall stand referred to
such committee of the Council as the Council may appoint,
and such committee shall have power to confirm or reverse
such refusal, or to vary the conditions imposed, or impose
such conditions as they may think fit, and their determina-
tion shall be final, and such committee may order any costs
of such appeal to be paid to or by the Vestry or District
Board or person appealing. Any company or person
forming or laying out, or commencing to form or lay out,
any street, road, passage, or way, or excavating, removing,
or taking away any sand, gravel, or subsoil contrary to the
provisions of this Act, or to the conditions imposed by the
Vestry or District Board, or on appeal by the Council,
shall for every such offence be liable to a penalty not
exceeding five pounds, and to a further penalty not
exceeding twenty shillings for every day after the first
during which the offence is continued, or during which
Sec. 6-
314 METROPOLIS MANAGEMENT AMENDMENT ACT, 1890.
such excavation shall be permitted to remain without the
consent in writing of the Vestry or District Board or on
appeal of the Council.
Provided always that nothing in this section contained
shall apply to any road, passage, or way formed or laid
out, or to be formed or laid out, and intended to be main-
tained as a road, passage, or way not open to public use.
Provided also that nothing in this section contained
shall prejudice or affect any existing rights of the owners
of property fronting or abutting on any street, road, pas-
sage, or way, to excavate subsoil for the purpose of forming
or constructing cellars, vaults, subways, or basements in
connection with buildings erected on such property.
o?othe?r ^ — Tiie survevor of tne Vestry or District Board, or
officer to other officer of the Vestry or District Board, or any officer
conditions appointed for that purpose by the Council, shall take care
observed.
that the provisions of the preceding section are complied
.,, *Tj n--- • -i i_ j.i \? -
with, and that any conditions imposed by the Vestry or
District Board or the Council in giving their consent in
writing thereunder are observed.
implication 8 — Except so far as relates to any sewers vested in the
of Act to Council, none of the provisions contained in this Act shall
London, have any force or effect within the City of London.
Penalties
and
expenses.
Expenses
of Act.
9 — Penalties and expenses under this Act may be sued
for and recovered either by the Council, or by the Vestry
or District Board concerned, in the same manner as penal-
ties under the Metropolis Management Act, 1855, and the
Acts amending the same.
10 — Any costs, charges, and expenses incurred by the
Council of and incidental to the preparing, applying for,
and passing of this Act shall be paid by the Council. >
315
THE PUBLIC HEALTH
(LONDON) ACT, 1891.
54 & 55 VIOT., c. 76.
SECTION PAGE
96. Provisions as to the occupation of underground rooms
as dwellings 316-318
97. Enforcement of provisions as to underground rooms - 318
98. Provisions in case of two convictions for unlawfully
occupying underground room 318
316
THE PUBLIC HEALTH
(LONDON) ACT, 1891.
The following Sections of the Public Health (London) Act,
1891, 54 & 55 Viet., c. 76, give provisions as to the
occupation of underground rooms as dwellings.
[See Section 70, Sub-section 1 (/), L.B.A., 1894, page 65.]
Underground Rooms.
Provisions 9g_(l) Any underground room, which was not let or
occupation occupied separately as a dwelling before the passing of this
of under- Act, shall not be so let or occupied unless it possesses the
ground . ,, . . . , . A
rooms as following requisites ; that is to say,
dwellings. ^ unless the room is in every part thereof at least
seven feet high measured from the floor to the
ceiling, and has at least three feet of its height
above the surface of the street cr ground adjoin-
ing or nearest to the room : provided that if the
width of the area hereinafter mentioned is not
less than the height of the room from the floor
to the said surface of the street or ground, the
height of the room above such surface may be less
than three feet ; but it shall not in any case be
less than one foot, and the width of the area need
not in any case be more than six feet ;
(b) unless every wall of the room is constructed with
a proper damp course, and, if in contact with the
soil, is effectually secured against dampness from
that soil ;
(c) unless there is outside of and adjoining the room
and extending along the entire frontage thereof
and upwards from six inches below the level of
THE PUBLIC HEALTH (LONDON) ACT, 1891. 317
the floor thereof an open area properly paved at Sec. 96.
least four feet wide in every part thereof : pro-
vided that in the area there may be placed steps
necessary for access to the room, and over and
across such area there may be steps necessary for
access to any building above the underground
room, if the steps in each case be so placed as
not to be over or across any external window ;
(d) unless the said area and the soil immediately below
the room are effectually drained ;
(e) unless, if the room has a hollow floor, the space
beneath it is sufficiently ventilated to the outer
air;
(/) unless any drain passing under the room is properly
constructed of a gas-tight pipe ;
(g) unless the room is effectually secured against the
rising of any effluvia or exhalation ;
(h) unless there is appurtenant to the room the use of
a water-closet and a proper and sufficient ash-pit ;
(i) unless the room is effectually ventilated ;
(/) unless the room has a fire-place with a proper
chimney or flue ;
(k) unless the room has one or more windows opening
directly into the external air with a total area
clear of the sash frames equal to at least one-tenth
of the floor area of the room, and so constructed
that one-half at least of each window of the room
can be opened, and the opening in each case
extends to the top of the window.
(2) If any person lets or occupies, or continues to let, or
knowingly suffers to be occupied, any underground room
contrary to this enactment, he shall be liable to a fine not
exceeding twenty shillings for every day during which the
room continues to be so let or occupied.
(3) The foregoing provisions shall at the expiration of six
months after the commencement of this Act extend to
underground rooms let or occupied separately as dwellings
before the passing of this Act, except that the sanitary
authority, either by general regulations providing for classes
of underground rooms, or on the application of the owner
of such room in any particular, case, may dispense with or
modify any of the said requisites which involve the structural
318 THE PUBLIC HEALTH (LONDON) ACT, 1891.
Sec. 96. alteration of the building, if they are of opinion that they
can properly do so having due regard to the fitness of the
room for human habitation, to the house accommodation in
the district, and to the sanitary condition of the inhabitants
and to other circumstances ; but any requisite which was
required before the passing of this Act shall not be so
dispensed with or modified.
(4) The dispensations and modifications may be allowed
either absolutely or for a limited time, and may be revoked
and varied by the sanitary authority, and shall be recorded
together with the reasons in the minutes of the sanitary
authority.
(5) If the owner of any room feels aggrieved by a dis-
pensation or modification not being allowed as regards that
room, he may appeal to the Local Government Board, and
that Board may refuse the dispensation or modification,
or allow it wholly or partly, as if they were the sanitary
authority. Such allowance may be revoked or varied by
the Board, but not by the sanitary authority.
(6) Where two or more underground rooms are occupied
together, and are not occupied in conjunction with any
other room or rooms on any other floor of the same house,
each of them shall be deemed to be separately occupied as
a dwelling within the meaning of this section.
(7) Every underground room in which a person passes the
night shall be deemed to be occupied as a dwelling within
the meaning of this section ; and evidence giving rise to a
probable presumption that some person passes the night in
an underground room shall be evidence, until the contrary
is proved, that such has been the case.
(8) Where it is shown that any person uses an under-
ground room as a sleeping-place, it shall, in any proceeding
under this section, lie on the defendant to show that the
room is not separately occupied as a dwelling.
(9) For the purpose of this section the expression " under-
ground room ' ' includes any room of a house the surface of
the floor of which room is more than three feet below the
surface of the footway of the adjoining street, or of the
ground adjoining or nearest to the room.
97 — (1) Any officer of a sanitary authority appointed
or determined by that authority for the purpose shall,
THE PUBLIC HEALTH (LONDON) ACT, 1891. 319
without any fee or reward, report to the sanitary authority, Sec. 97.
at such times and in such manner as the sanitary authority Enforce-
may order, all cases in which underground rooms are occu- ™®^Jna
pied contrary to this Act in the district of such authority, as to under-
(2) Any such officer or any other person having reasonable g£nS?
grounds for believingthat any underground room is occupied
in contravention of this Act may enter and inspect the same
at any hour by day ; and if admission is refused to any
other person other than an officer of the sanitary authority
the like warrant may be granted by a justice under this
Act as in case of refusal to admit any such officer.
(3) A warrant of a justice authorising an entry into an
underground room may authorise the entry between any
hours specified in the warrant.
98 — Where two convictions for an offence relating to Provisions
the occupation of an underground room as a dwelling have tw5*?nvic-
taken place within a period of three months (whether the tions *p*
r . -i , , , \ x unlawfully
person convicted were or were not the same), a petty ses- occupying
sional court may direct the closing of the underground"^^
room for such period as the court may deem necessary, or room,
may empower the sanitary authority of the district perma-
nently to close the same in such manner as they think fit,
at their own cost.
320
PUBLIC HEALTH (LONDON) ACT,
1891, RELATING TO WORKSHOPS,
BAKEHOUSES, ETC.
SECTION *AGK
2. What nuisances may be abated summarily - - 321, 322
25. Limewhiting and washing of workshops - - - 322
26. Enactments respecting bakehouses - - - 322, 323
27. Notice to factory inspector respecting child or woman
in workshop 323
38. Sanitary conveniences for manufactories - - - 323
BAKEHOUSES.
97. Sanitary regulations for bakehouses - - 323, 324
98. Penalty for bakehouse being unfit on sanitary grounds 324
99. Limewashing, painting, and washing of bakehouses 324, 325
100. Provision as to sleeping-places near bakehouses - - 325
101. Prohibition of underground bakehouse - - 326, 327
102. Enforcement of law as to retail bakehouses by sanitary
authorities 326
BUILDINGS.
105. Application of certain provisions to buildings - 326, 327
321
PUBLIC HEALTH (LONDON) ACT, 1891.
54 & 55 VICT., c. 76
2 — (1) For the purposes of this Act —
(a) Any premises in such a state as to be a nuisance what
or dangerous or injurious to health :
(b) Any pool, ditch, gutter, watercourse, cistern, abated
water-closet, earth-closet, privy, urinal, cesspool,
drain, dung-pit, or ash-pit so foul or in such a state
as to be a nuisance or injurious or dangerous to
health ;
((/) Any factory, workshop, or workplace which is not
a factory subject to the provisions of the Factory
and Workshop Act, 1878, relating to cleanliness,
ventilation, and overcrowding, and
(i) is not kept in a cleanly state, and free
from effluvia arising from any drain, privy,
earth- closet, water-closet, urinal, or other nuis-
ance, or
(ii) is not ventilated in such a manner as to
render harmless as far as practicable any gases,
vapours, dust, or other impurities generated in
the course of the work carried on therein that
are a nuisance or injurious or dangerous to
health, or
(iii) is so overcrowded while work is carried
on as to be injurious or dangerous to the health
of those employed therein, shall be nuisances
liable to be dealt with summarily under this
Act.
(2) Provided that—
(ii) In considering whether any dwelling-house or
part of a dwelling-house which is used also as a
factory, workshop, or workplace, or whether any
21
322 PUBLIC HEALTH (LONDON) ACT, 1891.
Seo. 2» factory, workshop, or workplace used also as a
dwelling-house, is a nuisance by reason of over-
crowding, the court shall have regard to the cir-
cumstances of such other user.
Limewash- 25 — (1) Where, on the certificate of a medical officer of
SSfsEufg of health or sanitary inspector, it appears to any sanitary
workshops, authority that the limewashing, cleansing, or purifying of
any workshop (other than a bakehouse), or of any part
thereof, is necessary for the health of the persons employed
therein, the sanitary authority shall serve notice in writing
on the owner or occupier of the workshop to limewash,
cleanse, or purify the workshop or part as the case re-
quires, within the time specified in the notice ; and if the
person on whom the notice is so served fails to comply
therewith, he shall be liable to a fine not exceeding five
pounds and to a further fine not exceeding ten shillings
for every day during which he continues to make default
after conviction ; and the sanitary authority may, if they
think fit, cause the workshop or part to be limewashed,
cleansed, or purified, and may recover in a summary
manner the expenses incurred by them in so doing from
the person on whom the notice was served.
(2) This section shall apply to any factory which is not*
subject to the provisions of the Factory and Workshop
Act, 1878, and the Acts amending the same, and to any
workplace, in like manner as it applies to a workshop.
Enact- 26 — (1) Sections thirty-four, thirty-five, and eighty-one
respecting of the Factory and Workshop Act, 1878, and sections
houses fifteen and sixteen of the Factory and Workshop Act
Amendment Act, 1883 (which relate to cleanliness, ventila-
tion, and other sanitary conditions), shall, as respects every
bakehouse which is a workshop, be enforced by the sanitary
authority of the district in which the bakehouse is situate,
and they shall be the local authority within the meaning
of those sections.
(2) For the purposes of this section the provisions of
this Act with respect to the admission of the sanitary
authority and their officers into any premises for any
purpose in relation to nuisances shall apply in like manner
as if they were herein re-enacted and in terms made applic-
PUBLIC HEALTH (LONDON) ACT, 1891. 323
able to this section ; and every person refusing or failing Sec. 26.
to allow the sanitary authority or their officer to enter any
premises in pursuance of those provisions for the purposes
of this section shall be subject to a fine.
27 — If any child, young person, or woman is employed Notice to
in a workshop, and the medical officer of the sanitary intpSor
authority becomes aware thereof, he shall forthwith give JJJ{J^ng
written notice thereof to the factory inspector for the woman in
district.
38 — (1) Every factory, workshop, and workplace, Sanitary
whether erected before or after the passing of this Act, encesfoi
shall be provided with sufficient and suitable accommoda- manu^
-, , . factories.
tion in the way of sanitary conveniences, regard being
had to the number of persons employed in or in attend-
ance at such building, and also where persons of both sexes
are, or are intended to be employed, or in attendance, with
proper separate accommodation for persons of each sex.
(2) Where it appears to a sanitary authority that this
section is not complied with in the case of any factory,
workshop, or workplace, the sanitary authority shall, by
notice served on the owner or occupier of such factory,
workshop, or workplace, require him to make the alterations
and additions necessary to secure such compliance, and if
the person served with such notices fails to comply there-
with he shall be liable to a fine not exceeding twenty
pounds, and to a fine not exceeding forty shillings, for
every day after conviction during which the non-compliance
continues.
Bakehouses.
97 — (1) It shall not be lawful to let or suffer to be sanitary
occupied or to occupy any room or place as a bakehouse,
unless the following regulations are complied with : —
(a) A water-closet, earth-closet, privy, or ash-pit must
not be within or communicate directly with the
bakehouse ;
(b) Every cistern for supplying water to the bakehouse
must be separate and distinct from any cistern
for supplying water to a water-closet ;
324 PUBLIC HEALTH (LONDON) ACT, 1891.
Sec. 97. (c) A drain or pipe for carrying off faecal or sewage
matter must have not an opening within the bake-
house.
(2) If any person lets or suffers to be occupied or
occupies any room or place as a bakehouse in contraven-
tion of this section he shall be liable to a fine not exceeding
forty shillings, and to a further fine not exceeding five
shillings for every day during which any room or place is
so occupied after a conviction under this section.
Penalty for 98 — (1) Where a court of summary jurisdiction is satis-
beirf^unflt ne<^ on ^ne prosecution of an inspector or a district council
on sanitary that any room or place used as a bakehouse is in such a
1 8> state as to be on sanitary grounds unfit for use or occupa-
tion as a bakehouse, the occupier of the bakehouse shall be
liable to a fine not exceeding for the first offence, forty
shillings, and for any subsequent offence five pounds.
(2) The court of summary jurisdiction, in addition to or
instead of inflicting a fine, may order means to be adopted
by the occupier, within the time named in the order, for the
purpose of removing the ground of complaint. The court
may, on application, enlarge the time so named, but if after
the expiration of the time as originally named or enlarged
by subsequent order the order is not complied with, the
occupier shall be liable to a fine not exceeding one pound
for every day that the non-compliance continues.
Limewash- 99 — (1) All the inside walls of the rooms of a bakehouse,
ing' andnt an^ a^ tn® ceiling or tops of those rooms (whether those
washing of walls, ceilings, or tops are plastered or not), and all the
houses. passages and staircases of a bakehouse, must either be
painted with oil or varnished or be limewashed, or be partly
painted or varnished and partly limewashed ; and
(a) where the bakehouse is painted with oil or varnished,
there must be three coats of paint or varnish,
and the paint or varnish must be renewed once
at least in every seven years, and must be washed
with hot water and soap once at least in every
six months ; and
(b) where the bakehouse is limewashed, the limewashing
must be renewed once at least in every six
months.
PUBLIC HEALTH (LONDON) ACT, 1891. 325
(2) A bakehouse in which there is a contravention of Sec. 99.
this section shall be deemed not to be kept in conformity
with this Act.
100 — (1) A place on the same level with a bakehouse, Provision
and forming part of the same building, may not be used as gfeeping-
a sleeping-place, unless it is constructed as follows ; that p^ceeB near
is to say : — houses.
(a) is effectually separated from the bakehouse by a par-
tition extending from the floor to the ceiling ; and
(b) has an external glazed window of at least nine
superficial feet in area, of which at the least four
and a half superficial feet are made to open for
ventilation.
(2) If any person lets or occupies or continues to let or
knowingly suffers to be occupied any place contrary to this
section he shall be liable to a fine not exceeding, for the
first offence, twenty shillings, and for any subsequent
offence five pounds.
101 — (1) An underground bakehouse shall not be used as prohibition
a bakehouse unless it was so used at the passing of this Act. jJoSfa r"
(2) Subject to the foregoing provision, after the first bake-
day of January one thousand nine hundred and four an hou
underground bakehouse shall not be used unless certified
by the district council to be suitable for that purpose.
(3) For the purpose of this section an underground
bakehouse shall mean a bakehouse, any baking room of
which is so situate that the surface of the floor is more
than three feet below the surface of the footway of the
adjoining street, or of the ground adjoining or nearest to
the room. The expression " baking room " means any
room used for baking, or for any process incidental thereto.
(4) An underground bakehouse shall not be certified as
suitable unless the district council is satisfied that it is
suitable as regards construction, light, ventilation, and in
all other respects.
(5) This section shall have effect as if it were included
among the provisions relating to bakehouses which are re-
ferred to in section twenty-six of the Public Health (Lon- 54455
don) Act, 1891. vict.,c.76
(6) If any place is used in contravention of this section,
326 PUBLIC HEALTH (LONDON) ACT, 1891.
Sec. 101. it shall be deemed to be a workshop not kept in conformity
with this Act.
(7) In the event of the refusal of a certificate by the
district council, the occupier of the bakehouse may, within
twenty-one days from the refusal, by complaint apply to a
court of summary jurisdiction, and if it appears to the
satisfaction of the court that the bakehouse is suitable for
use as regards construction, light, ventilation, and in all
other respects, the court shall thereupon grant a certificate
of suitability of the bakehouse, which shall have effect as if
granted by the district council.
(8) Where any place has been let as a bakehouse, and
the certificate required by this section cannot be obtained
unless structural alterations are made, and the occupier
alleges that the whole or part of the expenses of the altera-
tions ought to be borne by the owner, he may by complaint
apply to a court of summary jurisdiction, and that court
may make such order concerning the expenses or their
apportionment as appears to the court to be just and equit-
able, under the circumstances of the case, regard being
had to the terms of any contract between the parties, or in
the alternative the court may, at the request of the occupier,
determine the lease.
Enforce- 102 — As respects every retail bakehouse, the provisions
££nag°to of this Part of this Act shall be enforced by the district
retai^bake- council of the district in which the retail bakehouse is
sanitary y situate, and not by an inspector ; and for the purposes of
Sties0" tnis section the medical officer of health of the district
council shall have and may exercise all the powers of
entry, inspection, taking legal proceedings and otherwise
of an inspector.
In this section the expression " retail bakehouse " means
any bakehouse or place, not being a factory, the bread,
biscuits, or confectionery baked in which are sold, not
wholesale, but by retail, in some shop or place occupied
with the bakehouse.
Buildings.
Appiica- 105 — (1) The provisions of this Act with respect to —
certain (i) Power to make orders as to dangerous machines
tobSS?* (section seventeen) ;
ings.
PUBLIC HEALTH (LONDON) ACT, 1891. 32?
(ii) Accidents; Sec. 105.
(iii) Eegulations for dangerous trades ;
(iv) Powers of inspectors (section one hundred and
nineteen) ; and
(v) Fines in case of death or injury (section one
hundred and thirty-six) ;
shall have effect as if any premises on which machinery
worked by steam, water, or other mechanical power is
temporarily used for the purpose of the construction of a
building or any structural work in connection with a build-
ing were included in the word " factory," and the purpose
for which the machinery is used were a manufacturing
process, and as if the person who, by himself, his agents,
or workmen, temporarily uses any such machinery for the
before-mentioned purpose were the occupier of the said
premises ; and for the purpose of the enforcement of those
provisions the person so using any such machinery shall
be deemed to be the occupier of a factory.
(2) The provisions of this Act with respect to notice of
accidents, and the formal investigation of accidents, shall
have effect as if —
(a) any building which exceeds thirty feet in height,
and which is being constructed or repaired by means
of a scaffolding, and
(b) any building which exceeds thirty feet in height,
and in which more than twenty persons, not being
domestic servants, are employed for wages,
were included in the word " factory, " and as if, in the
first case, the employer of the persons engaged in the con-
struction or repair and, in the second case, the occupier of
the building, were the occupier of a factory.
FACTORY AND WORKSHOP ACT, 1901.
1 EDW. 7, c. 22.
PART I. — HEALTH AND SAFETY.
(i) Health.
SECTION PAGE
1. Sanitary condition of factory 329, 330
2. Sanitary condition of workshops and workplaces - 330, 331
3. Overcrowding of factory or workshop .... 331
4. Power of Secretary of State to act in default of local
Authority - 331, 332
5. Powers of inspector as to sanitary defects in factory or
workshop remediable by sanitary authority - 332, 333
6. Temperature in factories and workshops - - - 333
7. Ventilation - - - 333,334
8. Drainage of floors 334
9. Sanitary conveniences in factories and workshops - 334
(ii) Safety.
10. Fencing of machinery 334, 335
11. Steam boilers 335,336
12. Regulations as to self-acting machines - - - 336
13. Restrictions on cleaning when machinery is in motion 337
14. Provisions of means of escape in case of fire - - 337-340
15. By-laws for means of escape from fire .... 340
16. Doors of factory or workshop to open from inside - 340
74. Provisions as to ventilation by fan in certain factories
and workshops - 340, 341
75. Lavatories and meals in certain dangerous trades - 341
Sanitary Accommodation, order of 4th February,
1903 341-343
329
FACTORY AND WORKSHOP ACT, 1901.
1 EDW. 7, c. 22.
PART I. — HEALTH AND SAFETY.
(i) Health.
1 — (1) The following provisions shall apply to every sanitary
factory as defined by this Act, except a domestic factory : — o??actory
(a) It must be kept in a cleanly state ;
(b) It must be kept free from effluvia arising from any
drain, water-closet, earth-closet, privy, urinal, or other
nuisance ;
(c) It must not be so overcrowded while work is carried
on therein as to be dangerous or injurious to the
health of the persons employed therein ;
(d) It must be ventilated in such a manner as to render
harmless, so far as is practicable, all the gases, vapours,
dust, or other impurities generated in the course of the
manufacturing process or handicraft carried on therein,
that may be injurious to health.
(2) The provisions of section ninety-one of the Public 38 & 39
Health Act, 1875, with respect to a factory, workshop, or Vict>1 c- 55'
workplace not kept in a cleanly state, or not ventilated,
or overcrowded, shall not apply to any factory to which
this section applies.
(3) For the purpose of securing the observance of the
requirements in this section as to cleanliness in factories,
all the inside walls of the rooms of a factory, and all the
ceilings or tops of those rooms (whether those walls,
ceilings, or tops are plastered or not), and all the passages
and staircases of a factory, if they have not been painted
with oil or varnish once at least within seven years, shall
(subject to any special exceptions made in pursuance of
330 FACTOBY AND WORKSHOP ACT, 1901.
Sec. 1. this section) be limewashed once at least within every
fourteen months, to date from the time when they were
last limewashed; and if they have been so painted or-
varnished shall be washed with hot water and soap once at
least within every fourteen months, to date from the time
when they were last washed.
(4) Where it appears to the Secretary of State that in
any class of factories, or parts thereof, the provisions
of this section with respect to limewashing or washing
are not required for the purpose of securing therein the
observance of the requirements of this Act as to cleanliness,
or are by reason of special circumstances inapplicable, he
may, if he thinks fit, by Special Order grant to that class
of factories, or parts thereof, a special exception that the
said provisions shall not apply thereto.
(5) A factory in which there is a contravention of this
section shall be deemed not to be kept in conformity with
this Act.
Sanitary 2 — (1) The provisions of section ninety-one of the Public
of wdork°n Health Act, 1875, with respect to a factory, workshop, or
shops and workplace, not kept in a cleanly state, or not ventilated,
places. or overcrowded, shall apply to every factory, workshop, and
viatic 55 WOI>kplace, except any factory to which the last preceding
' section applies.
(2) Every workshop and every workplace within the
meaning of the Public Health Act, 1875, must be kept
free from effluvia arising from any drain, water-closet,
earth-closet, privy, urinal, or other nuisance, and unless so
kept shall be deemed to be a nuisance liable to be dealt
with summarily under the law relating to public health.
(3) Where on the certificate of a medical officer of
health or inspector of nuisances it appears to any district
council that the limewashing, cleansing, or purifying, of
any such workshop, or of any part thereof, is necessary for
the health of the persons employed therein, the council
shall give notice in writing to the owner or occupier of the
workshop, to limewash, cleanse, or purify the same, or
part thereof, as the case may require.
(4) If the person to whom notice is so given fails to
comply therewith within the time therein specified, he
shall be liable to a fine not exceeding ten shillings for
FACTORY AND WORKSHOP ACT, 1901. 331
every day during which he continues to make default, and Sec. 2.
the council may, if they think fit, cause the workshop or
part to be limewashed, cleansed, or purified, and may
recover in a summary manner the expenses incurred by
them in so doing from the person in default.
(5) This section shall not apply to any workshop or 54 & 55
workplace to which the Public Health (London) Act, 1891, Vict" c> 76'
applies.
3 — (1) A factory shall for the purposes of this Act, and Over-
a workshop shall for the purposes of the law relating to oMaatory
public health, be deemed to be so overcrowded as to be °J work-
dangerous or injurious to the health of the persons em- 8
ployed therein, if the number of cubic feet of space in any
room therein bears to the number of persons employed at
one time in the room a proportion less than two hundred
and fifty, or, during any period of overtime, four hundred,
cubic feet of space to every person.
(2) Provided that the Secretary of State may, by Special
Order, modify this proportion for any period during which
artificial light other than electric light is employed for
illuminating purposes, and may by like order, as regards
any particular manufacturing process or handicraft, sub-
stitute for the said figures of two hundred and fifty and
four hundred respectively any higher figures, and there-
upon this section shall have effect as modified by the
order.
(3) Where a workshop or workplace, not being a
domestic workshop, is occupied by day as a workshop and
by night as a sleeping apartment, the Secretary of State
may by Special Order modify the proportion of cubic feet
of space prescribed by this section, and substitute therefor
any higher figures, and thereupon this section shall have
effect as modified by the order.
(4) There shall be affixed in every factory and workshop
a notice specifying the number of persons who may be
employed in each room of the factory or workshop by
virtue of this section.
4 — (1) If the Secretary of State is satisfied that the power of
provisions of this Act, or of the law relating to public
health in so far as it affects factories, workshops, and act in
332
FACTORY AND WORKSHOP ACT, 1901.
Sec. 4. workplaces, have not been carried out by any district
default of council, he may, by order, authorise an inspector to take,
authority, during such period as may be mentioned in the order, such
steps as appear necessary or proper for enforcing those
provisions.
(2) An inspector authorised in pursuance of this section
shall, for the purpose of his duties thereunder, have the
same powers with respects to workshops and workplaces
as he has with respect to factories, and he may, for that
purpose, take the like proceedings for enforcing the pro-
visions of this Act or of the law relating to public health,
or for punishing or remedying any default as might be
taken by the district council ; and he shall be entitled to
recover from the district council all such expenses in and
about any proceedings as he may incur, and as are not
recovered from any other person.
Powers of
inspector
as to
sanitary
defects in
factory or
workshop
remediable
by sanitary
authority.
5 — (1) Where it appears to an inspector that any act,
neglect, or default, in relation to any drain, water-closet,
earth-closet, privy, ash-pit, water supply, nuisance, or other
matter in a factory or workshop, is punishable or remedi-
able under the law relating to public health, but not under
this Act, that inspector shall give notice in writing of the
act, neglect, or default to the district council in whose
district the factory or workshop is situate, and it shall
bs the duty of the district council to make such inquiry
into the subject of the notice, and take such action thereon,
as seems to that council proper for the purpose of enforc-
ing the law, and to inform the inspector of the proceedings
taken in consequence of the notice.
(2) An inspector may, for the purposes of this section,
take with him into a factory or a workshop a medical
officer of health, inspector of nuisances, or other officer of
the district council.
(3) Where notice of an act, neglect, or default is given
by an inspector under this section to a district council, and
proceedings are not taken within one month for punishing
or remedying the act, neglect, or default, the inspector may
take the like proceedings for punishing or remedying the
same as the district council might have taken, and shall
be entitled to recover from the district council all such
expenses in and about the proceedings as the inspector
FACTORY AND WORKSHOP ACT, 1901. 333
incurs and as are not recovered from any other person, Sec. 5.
and have not been incurred in any unsuccessful pro-
ceedings.
6 — (1) In every factory and workshop adequate measures Tempera-
must be taken for securing and maintaining a reasonable factories
temperature in each room in which any person is em- and work-
ployed, but the measures so taken must not interfere with 8
the purity of the air of any room in which any person is
employed.
(2) The Secretary of State may, by Special Order, direct
with respect to any class of factories or workshops that
thermometers be provided, maintained, and kept in work-
ing order, in such place and position as may be specified
in the order.
(3) A factory or workshop in which there is any con-
travention of this section, or of any order under this
section, shall be deemed not to be kept in conformity with
this Act.
7 — (1) In every room in any factory or workshop ventiia-
sufficient means of ventilation shall be provided, andtion-
sufficient ventilation shall be maintained.
(2) The Secretary of State may, by Special Order, pre-
scribe a standard of sufficient ventilation for any class of
factories or workshops, and that standard shall be observed
in all factories and workshops of that class, and an order
made under this power may supersede any provision of
this Act or order of the Secretary of State with respect to
ventilation in cotton cloth factories.
(3) A factory in which there is a contravention of the
provisions of this section shall be deemed not to be kept
in conformity with this Act, and a workshop in which
there is a contravention of the provisions of this section
shall be deemed to be a nuisance liable to be dealt with
summarily under the law relating to public health.
(4) If the occupier of a factory or workshop (including
a cotton cloth factory in which humidity of the atmosphere
is artificially produced) alleges that the whole or part of
the expenses of providing the means of ventilation required
by this Act ought to be borne by the owner, he may by
complaint apply to a court of summary jurisdiction, and
334
FACTORY AND WORKSHOP ACT, 1901.
Sec. 7« that court may make such order concerning the expenses
or their apportionment as appears to the court to be just
and equitable under the circumstances of the case, regard
being had to the terms of any contract between the parties.
Drainageof 8 — (1) In every factory or workshop or part thereof in
floors. which any process is carried on which renders the floor
liable to be wet to such an extent that the wet is capable
of being removed by drainage, adequate means shall be
provided for draining off the wet.
(2) A factory in which there is a contravention of the
provisions of this section shall be deemed not to be kept
in conformity with this Act, and a workshop in which
there is a contravention of the provisions of this section
shall be deemed to be a nuisance liable to be dealt with
summarily under the law relating to public health.
9 — (1) Every factory and workshop must be provided
with sufficient and suitable accommodation in the way of
Sanitary
conveni-
ences in
factories sanitary conveniences, regard being had to the number of
shops. persons employed in or in attendance at the factory or
workshop, and also where persons of both sexes are or are
intended to be employed or in attendance, with proper
separate accommodation for persons of each sex.
(2) The Secretary of State shall, by Special Order, de-
termine what is sufficient and suitable accommodation
within the meaning of this section.
(3) A factory or workshop in which there is a contra-
vention of this section shall be deemed not to be kept in
conformity with this Act.
(4) This section does not apply to the administrative
county of London, or to any place where section twenty-
53 & 54 two of the Public Health Acts Amendment Act, 1890, is
vict., c. 59. in force<
(ii) Safety.
Fencing of 10 — (1) With respect to the fencing of machinery in a
machinery. factorv the following provisions shall have effect : —
(a) Every hoist or teagle, and every fly-wheel directly
connected with the steam or water or other mechanical
power, whether in the engine-house or not, and every
FACTORY AND WORKSHOP ACT, 1901. 335
part of any water wheel or engine worked* by any such Sec. 10.
power, must be securely fenced ; and
(6) Every wheel -race not otherwise secured must be
securely fenced close to the edge of the wheel -race ;
and
(c) All dangerous parts of the machinery, and every
part of the mill gearing, must either be securely
fenced, or be in such position or of such construction
as to be equally safe to every person employed or
working in the factory as it would be if it were
securely fenced ; and
(d) All fencing must be constantly maintained in an
efficient state while the parts required to be fenced are
in motion or use, except where they are under repair,
or under examination in connection with repair
or are necessarily exposed for the purpose of cleaning
or lubricating or for altering the gearing or ar-
rangements of the parts of the machine.
(2) A factory in which there is a contravention of this
section shall be deemed not to be kept in conformity with
this Act.
11 — (1) Every steam boiler used for generating steam steam
in a factory or workshop, or in any place to which any of boilerB-
the provisions of this Act apply, must, whether separate
or one of a range —
(a) have attached to it a proper safety valve and a
proper steam gauge and water gauge to show the
pressure of steam and the height of water in the
boiler ; and
(b) be examined thoroughly by a competent person at
least once in every fourteen months.
(2) Every such boiler, safety valve, steam gauge, and
water gauge must be maintained in proper condition.
(3) A report of the result of every such examination in
the prescribed form, containing the prescribed particulars,
shall within fourteen days be entered into or attached to
the general register of the factory or workshop, and the
report shall be signed by the person making the examina-
tion, and, if that person is an inspector of a boiler-inspect-
ing company or association, by the chief engineer of the
company or association.
336 FACTORY AND WORKSFTOP ACT, 1901.
Sec. 11. (4) A factory or workshop in which there is a contraven-
tion of this section shall be deemed not to be kept in con-
formity with this Act.
(5) This section shall not apply to the boiler of any
locomotive which belongs to and is used by any railway
company, or to any boiler belonging to or exclusively used
in the service of His Majesty.
(6) For the purposes of this section, the whole of a tene-
ment factory or workshop shall be deemed to be one factory
or workshop, and the owner shall be substituted for the
occupier, and he shall register the report referred to in
this section.
Reguia- 12 — (1) In a factory erected on or after the first day of
8e°?-actin° Janu^rv one thousand eight hundred and ninety-six, the
machines, traversing carriage of any self-acting machine must not be
allowed to run out within a distance of eighteen inches
from any fixed structure not being part of the machine, if
the space over which it runs out is a space over which any
person is liable to pass, whether in the course of his
employment or otherwise. Provided that nothing in this
subsection shall prevent any portion of the traversing
carriage of any self-acting cotton spinning or woollen spin-
ning machine being allowed to run out within a distance
of twelve inches from any part of the head stock of another
self-acting cotton spinning or woollen spinning machine.
(2) A person employed in a factory must not be allowed
to be in the space between the fixed and the traversing
parts of a self-acting machine unless the machine is stopped
with the traversing part on the outward run, but for the
purpose of this provision the space in front of a self-acting
machine shall not be included in the space aforesaid.
(3) A woman, young person, or child must not be
allowed to work between the fixed and traversing part of
any self-acting machine while the machine is in motion by
the action of steam, water, or other mechanical power.
(4) A factory in which a traversing carriage is allowed
to run out in contravention of this section shall be deemed
not to be kept in conformity with this Act, and any person
allowed to be in the space aforesaid or to work in contra-
vention of this section shall be deemed to be employed
contrary to the provisions of this Act,
FACTORY AND WORKSHOP ACT, 1901. 337
13 — (1) A child must not be allowed to clean in
factory-
(a) any part of any machinery ; or when
(b) any place under any machinery other than overhead Sin
mill-gearing, motion.
while the machinery is in motion by the aid of steam,
water, or other mechanical power.
(2) A young person must not be allowed to clean any
dangerous part of the machinery in a factory while the
machinery is in motion by the aid of steam, water, or other
mechanical power ; and for this purpose such parts of the
machinery shall, unless the contrary is proved, be pre-
sumed to be dangerous as are so notified by an inspector
to the occupier of the factory.
(3) A woman or young person must not be allowed to
clean such part of the machinery in a factory as is mill-
gearing while the machinery is in motion for the purpose
of propelling any part of the manufacturing machinery.
(4) A woman, young person, or child allowed to clean
in contravention of this section, shall be deemed to be
employed contrary to the provisions of this Act.
[See Section 26 of the L.B.A. (Amendment) Act, 1905, page 201.]
Section vii. 1, 2, 3, 4 of the Factory and Workshop Act,
1891, 54 & 55 Viet., c. 75, and Section x. 3 of the Factory
and Workshop Act, 1895, 58 & 59 Viet., c. 37, have been
repealed, and are replaced by Sections 14, 15, 16 of the
Factory and Workshop Act, 1901, which are as follows : —
14 — (1) Every factory of which the construction was Provision
not commenced on or before 1st January, 1892, and in escape1n°f
which more than forty persons are employed, and every case of fire,
workshop of which the construction was not commenced
before 1st January, 1896, and in which more than forty
persons are employed, must be furnished with a certificate
from the districts council of the district in which the factory
or workshop is situate that the factory or workshop is pro-
vided with such means of escape in case of fire for the
persons employed therein as can reasonably be required
under the circumstances of each case, and if the factory or
workshop is not so furnished it shall be deemed not to be
22
338 FACTORY AND WORKSHOP ACT, 1901.
14. kept in conformity with this Act ; and it shall be the duty
of the council to examine every such factory and workshop,
and, on being satisfied that the factory or workshop is so
provided, to give such a certificate as aforesaid. The
certificate must specify in detail the means of escape so
provided.
(2) With respect to all factories and workshops to which
the foregoing provisions of this section do not apply, and
in which more than forty persons are employed, it shall be
the duty of the district council of every district from time
to time to ascertain whether all such factories and work-
shops within their district are provided with such means of
escape as aforesaid, and, in the case of any factory or work-
shop which is not so provided, to serve on the owner of the
factory or workshop a notice in writing specifying the
measures necessary for providing such means of escape as
aforesaid, and requiring him to carry them out before a
specified date, and thereupon the owner shall, notwith-
standing any agreement with the occupier, have power to
take such steps as are necessary for complying with the
requirements, and unless the requirements are complied
with the owner shall be liable to a fine not exceeding £1
for every day that the non-compliance continues.
The floors of a factory were let to different tenants. A notice
from the L.C.C. was served requiring means of escape in case of
fire, and if the plaintiff had complied with it, he would have com-
mitted a trespass in the premises in the occupation of others. Held
that the building does not come within the definition of a " tenement
factory " in Section 149. Brass v. L.C.C. (K.B.D.), Architects' Law
Reports, Vol. 1, Dec. 1904. See also L.C.C. v. Lewis (1900), 69
L.J. (Q.B.) 277.
The adjacent houses were let by the same owner to the same
tenants for the purposes set out in Section 149, Sub-section (1) (c) of
the Act, but connected by an emergency exit from the window of
one house to the roof of the other — a bridge connected them over
which the traffic passed. In one of the houses more than forty
persons were employed. The umpire appointed found that the two
houses together were a " factory " within the meaning of this section.
Held that the finding of the umpire was correct. L.O.C. v. Tubbs,
Architects' Law Reports (K.B.D.), Vol. 1, Dec. 1904.
Where a building was let for two separate factories, and no
mechanical power from one source, it is not a tenement factory.
A notice was served on the owner requiring him to do necessary
works to protect both factories. It was held that the owner had
no right to enter and execute the works. Toller v. Spiers & Pond
(1903), 87 L.T. 578.
FACTORY AND WORKSHOP ACT, 1901. 339
(3) In case of a difference of opinion between the owner Sec.
of the factory or workshop and the council under the last
foregoing sub-section, the difference shall, on the applica-
tion of either party, to be made within one month after the
time when the difference arises, be referred to arbitration,
and thereupon the provisions of the First Schedule of this
Act shall have effect, and the award on the arbitration
shall be binding on the parties thereto, and the notice of
the council shall be discharged, amended, or confirmed in
accordance with the award.
(4) If the owner alleges that the occupier of the factory
or workshop ought to bear or contribute to the expenses of
complying with the requirement, he may apply to the
county court having jurisdiction where the factory or work-
shop is situate, and thereupon the county court, after hear-
ing the occupier, may make such orders as appears to the
court just and equitable under all the circumstances of the
case.
Where a factory owner had executed works for escape in case of
fire, and the tenant had covenanted to " pay and discharge all rates,
taxes, . . . whether Parliamentary, parochial, local, or any
other description," it was held that County Court Judge had juris-
diction to apportion expense between owner and tenant. Monk v.
Arnold (1902), 1 K.B. 761.
A tenant of a factory had covenanted during the term of his lease
to pay " all the existing and future taxes, sewer rates, and taxes,
assessments, and outgoings of every description for the time being,"
in respect of the demised premises. The owner was required by the
L.C.C. to carry out certain works, and he executed the works and
sought to recover the cost from his tenant. Mr. Justice Darling
(91 L.T. 564) decided that the tenant having covenanted to pay all
outgoings, and having been required by the L.C.C. to make certain
alterations under the Factory and Workshop Act, 1901, the owner
could not sue the tenant in the High Court, but must apply in the
County Court under Section 7, Sub-section (2) of that statute. From
this decision the owner appealed, but the decision was upheld in
the C.A. Homer v. Franklin (1905), 69 J.P. 117.
(5) For the purpose of enforcing the foregoing provisions
of this section, an inspector may give the like notice and
take the like proceedings as under the foregoing provisions
of this Act with respect to matters punishable or remediable
under the law relating to public health but not under this
Act, and those provisions shall apply accordingly.
(6) The means of escape in case of fire provided in any
factory or workshop shall be maintained in good condition
340
FACTORY AND WORKSHOP ACT, 1901.
Seo. 14. and free from obstruction, and if it is not so maintained
the factory or workshop shall be deemed not to be kept in
conformity with this Act.
(7) For the purposes of this section the whole of a tene-
ment factory or workshop shall be deemed to be one factory
or workshop, and the owner shall be substituted for the
occupier.
(8) All expenses incurred by a district council in the
execution of this section shall be defrayed — (a) In the
case of an urban district council, as part of their expenses
of the general execution of the Public Health Act, 1875 ;
and (b) In the case of a rural district council, as special
expenses incurred in the execution of the Public Health
Act, 1875 ; and those expenses shall be charged to the
contributory place in which the factory or workshop is
situate.
By-laws 15 — Every district council shall, in addition to any
ofrescaan8 Powers which they possess with reference to the prevention
from fire, of fire, have power to make by-laws providing for means of
escape from fire in the case of any factory or workshop, and
Sections 182 to 186 of the Public Health Act, 1875, shall
apply to any by-laws so made.
Doors of
to open
from
inside.
16 — (1) While any person employed in a factory or
workshop is within the factory or workshop for the purpose
of employment or meals, the doors of the factory or work-
shop, and of any room therein in which any such person is,
must not be locked or bolted or fastened in such a manner
that they cannot be easily and immediately opened from
the inside.
(2) In every factory or workshop the construction of
which was not commenced before 1st January, 1896, the
doors of each room in which more persons than ten are
employed, shall, except in the case of sliding doors, be
constructed so as to open outwards.
(3) A factory or workshop in which there is a contra-
vention of this section shall be deemed not to be kept in
conformity with this Act.
74 — If in a factory or workshop where grinding, glazing,
or polishing on a wheel, or any process is carried on by
FACTORY AND WORKSHOP ACT, 1901. 341
which dust, or any gas, vapour, or other impurity is Sec. 74.
generated and inhaled by the workers to any injurious Provision
extent, it appears to an inspector that such inhalation ventilation
could be to a great extent prevented by the use of a fan cjrtafnin
or other mechanical means, the inspector may direct that a factories
fan or other mechanical means of a proper construction for 8hopl°rk
preventing such inhalation be provided within a reason-
able time ; and if the same is not provided, maintained,
and used, the factory or workshop shall be deemed not to
be kept in conformity with this Act.
75 — (1) In every factory or workshop where lead, Lavatories
arsenic, or any other poisonous substance is used, suitable f^certain8
washing conveniences must be provided for the use of the dangerous
persons employed in any department where such sub-
stances are used.
(2) In any factory or workshop where lead, arsenic, or
other poisonous substance is so used as to give rise to
dust or fumes, a person shall not be allowed to take a
meal, or to remain during the times allowed to him for
meals, in any room in which any such substance is used,
and suitable provision shall be made for enabling the
persons employed in such rooms to take their meals else-
where in the factory or workshop.
(3) A factory or workshop in which there is a contra-
vention of this section shall be deemed not to be kept in
conformity with this Act.
SANITARY ACCOMMODATION.
The Sanitary Accommodation Order of kth February, 1903.
Sanitary accommodation shall be deemed to be sufficient
and suitable within the meaning of section 9 of the Act
if the following conditions are complied with and not
otherwise : —
1. In factories or workshops where females are employed
or in attendance there shall be one sanitary convenience
for every 25 females.
In factories or workshops where males are employed or
in attendance there shall be one sanitary convenience for
every 25 males : provided that —
342 FACTORY AND WORKSHOP ACT, 1901.
Sec. 75. (0) in factories or workshops where the number of males
employed or in attendance exceeds 100, and
sufficient urinal accommodation is also provided,
it shall be sufficient if there is one sanitary con-
venience for every 25 males up to the first 100,
and one for every 40 after ;
(b) in factories or workshops where the number of males
employed or in attendance exceeds 500, and the
District Inspector of Factories certifies in writing
that by means of a check system, or otherwise,
proper supervision and control in regard to the
use of the conveniences are exercised by officers
specially appointed for that purpose it shall be
sufficient if one sanitary convenience is provided
for every 60 males, in addition to sufficient urinal
accommodation. Any certificate given by an
Inspector shall be kept attached to the general
register, and shall be liable at any time to be
revoked by notice in writing from the Inspector.
In calculating the number of conveniences required by
this order, any odd number of persons less than 25, 40, or
60, as the case may be, shall be reckoned as 25, 40, or 60.
2. Every sanitary convenience shall be kept in a cleanly
state, shall be sufficiently ventilated and lighted, and shall
not communicate with any workroom except through the
open air or through an intervening ventilated space : pro-
vided that in workrooms in use prior to 1st January, 1903,
and mechanically ventilated in such manner that air cannot
be drawn into the workroom through the sanitary con-
venience, an intervening ventilated space shall not be re-
quired.
3. Every sanitary convenience shall be under cover and
so partitioned off as to secure privacy, and if for the use of
females shall '-have a proper door and fastenings.
4. The sanitary conveniences in a factory or workshop
shall be so arranged and maintained as to be conveniently
accessible to all i persons employed therein at all times
during their employment.
5. Where persons of both sexes are employed, the con-
veniences for each sex shall be so placed or so screened
that the interior shall not be visible, even when the door
of any convenience is open, from any place where persons
FACTORY AND WORKSHOP ACT, 1901. 343
of the other sex have to work or pass ; and if the con- Sec. 75-
veniences for one sex adjoin those for the other sex, the
approaches shall be separate.
6. This Order came into force on the 1st day of July,
1903.
7. This Order may be referred to as the Sanitary Accom-
modation Order of 4th February, 1903.
344
FACTOEY AND WORKSHOP ACT, 1907.
7 EDW. 7, c. 39.
ARRANGEMENT OF SECTIONS.
LAUNDBIBS.
SECTION PAGE
1. Application of 1 Edw. 7, c. 22, to laundries - - - 345
2. Hours of employment of women and young persons in
laundries - - 345, 346
3. Special regulations to be complied with in laundries - 347
4. Application of provisions as to domestic workshops - 347
INSTITUTIONS.
5. Application of Factory and Workshop Acts to certain
institutions 347-349
SUPPLEMENTAL.
6. Inspection of certain premises .... 349, 350
7. Short title, construction, commencement, and repeal - 350
345
FACTORY AND WORKSHOP ACT, 1907.
7 EDW. 7, c. 39.
An Act to amend the Factory and Workshop Act, 1901,
with respect to Laundries, and to extend that Act to
certain Institutions and to provide for the inspection of
certain premises.
[28th August 1907.]
BE it enacted by the King'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 : —
Laundries.
1 — The Factory and Workshop Act, 1901 (which Act,
as amended by any subsequent enactment, including this ^on of i
Act, is hereinafter referred to as the principal Act), shall, 22, to
subject to the provisions of this Act, apply to laundries aslaundries-
if at the end of Part II. of the Sixth Schedule to that Act,
enumerating non-textile factories and workshops, the
following paragraph were added : —
" (29) Laundries carried on by way of trade or for the
purpose of gain, or carried on as ancillary to
another business or incidentally to the purposes of
any public institution."
2 — (1) In laundries, other than laundries ancillary to a Hours of
business carried on in any premises which, apart from thej^jj}0^"
provisions of this Act, are a factory or workshop, — women and
(a) The period of employment of women, may on any p^ls in
three days in the week, other than Saturday, laundries,
begin at six o'clock in the morning and end at
seven o'clock in the evening, or begin at seven
346 FACTORY AND WORKSHOP ACT, 1907.
Sec. 2- o'clock in the morning and end at eight o'clock
in the evening, or begin at eight o'clock in the
morning and end at nine o'clock in the evening :
Provided that a corresponding reduction is
made in the periods of employment on other
days of the week, so that the total number of
hours of the periods of employment of women,
including the intervals allowed for meals, shall
not exceed sixty-eight in any one week ;
(6) Where the occupier of a laundry so elects, the
following provisions shall apply to the laundry
in lieu of the provisions of the last preceding
paragraph : —
The period of employment of women may,
on not more than four days, other than Satur-
day, in any one week, and on not more than sixty
days in any calendar year, begin at six o'clock
in the morning and end at seven o'clock in the
evening, or begin at seven o'clock in the morn-
ing and end at eight o'clock in the evening, or
begin at eight o'clock in the morning and end
at nine o'clock in the evening ;
(c) Different periods of employment may be fixed for
different days of the week.
(2) The foregoing provisions of this section shall be
deemed to be special exceptions within the meaning of
section sixty of the principal Act, but it shall not be lawful
for the occupier of a laundry to change from the system
of employment under the above paragraph (a) to the
system of employment under the above paragraph (6), or
vice versa, oftener than once a year. The entry required
to be made in the prescribed register by sub-section four of
the said section sixty as so applied shall, in the case of
overtime employment under paragraph (b), be made before
the commencement of the overtime employment on each
day on which it is intended that there should be such
employment, and, in reckoning the sixty days for the
purposes of paragraph (6), every day on which any
woman had been employed overtime shall be taken into
account.
(3) Subject as aforesaid, the provisions of the principal
Act as to hours of employment shall apply to laundries.
FACTORY AND WORKSHOP ACT, 1907. 347
3 — In every laundry — Special
(a) If mechanical power is used, a fan or other efficient
means shall be provided, maintained, and used complied
for regulating the temperature in every ironing laundries,
room, and for carrying away the steam in every
washhouse ;
(b) ^All stoves for heating irons must be sufficiently
* separated from any ironing room or ironing table,
and gas irons emitting any noxious fumes must
not be used ; and
(c) The floors must be kept in good condition and
drained in such manner as will allow the water
to flow off freely.
A laundry in which there is a contravention of any of
these provisions shall be deemed to be a factory or work-
shop not kept in conformity with the principal Act.
4 — Sub-section (2) of section one hundred and fourteen Appiica-
of the principal Act (which provides that certain domestic JrovSLns
workshops are not to be deemed workshops within the as to
meaning of that Act) shall apply to laundries as if for the workshops,
words " the altering, repairing, ornamenting, or finishing
of any article " there were substituted the words " the
altering, repairing, ornamenting, washing, cleaning, or
finishing of any article."
Institutions.
5 — (1) Where in any premises forming part of an Appiica-
institution carried on for charitable or reformatory^ pur- JlJ^JlJy
poses, and not being premises subject to inspection by or and Work-
under the authority of any Government Department, any £ certain
manual labour is exercised in or incidentally to the making,
altering, repairing, ornamenting, finishing, washing, clean-
ing, or adapting for sale, of articles not intended for the
use of the institution, the provisions of the principal Act
shall, subject to the provisions of this Act, apply to those
premises notwithstanding that the work carried on therein
is not carried on by way of trade or for the purposes of
gain, or that the persons working therein are not working
under a contract of service or apprenticeship.
(2) If in any institution to which this section applies
348 FACTORY AND WORKSHOP ACT, 1907.
Sec. 5. the persons having the control of the institution (herein-
after referred to as the managers) satisfy the Secretary of
State that the only persons working therein are persons
who are inmates of and supported by the institution, or
persons engaged in the supervision of the work or the
management of machinery, and that such work as aforesaid
is carried on in good faith for the purposes of the support,
education, training, or reformation of persons engaged in
it, the Secretary of State may by order direct that so long
as the order is in force the principal Act shall apply to
the institution subject to the following modifications : —
(a) The managers may submit for the approval of the
Secretary of State a scheme for the regulation of
the hours of employment, intervals for meals, and
holidays of • the workers, and of the education of
children, and, if the Secretary of State is satisfied
that the provisions of the scheme are not less
favourable than the corresponding provisions of
the principal Act, the Secretary of State may ap-
prove the scheme, and upon the scheme being so
approved the principal Act shall, until the ap-
proval is revoked, apply as if the provisions of the
scheme were substituted for the corresponding
provisions of the principal Act ; any scheme when
so approved shall be laid as soon as possible
before both Houses of Parliament, and if either
House, within the next forty days after such
scheme has been laid before that House, resolve
that the scheme ought to be annulled, the scheme
shall, after the date of the resolution, be of no
effect without prejudice to the validity of any-
thing done in the meantime thereunder, or to the
making of any new scheme ;
(6) The medical officer of the institution (if any) may,
on the application of the managers, be appointed
by the chief inspector of factories to be the
certifying surgeon for the institution ;
(c) The provisions of section one hundred and twenty-
eight of the principal Act as to the affixing of an
abstract of the principal Act and of notices shall
not apply, but amongst the particulars required
to be shown in the general register there shall be
FACTORY AND WORKSHOP ACT, 1907. 349
included the prescribed particulars of the scheme, Sec. 5.
or where no scheme is in force the prescribed
particulars as to hours of employment, intervals
for meals, and holidays, and education of children,
and other matters dealt with in the principal Act ;
(d) In the case of premises forming part of an institu-
tion carried on for reformatory purposes, if the
managers of the institution so give notice to the
chief inspector of factories, an inspector shall
not, without the consent of the managers or of
the person having charge of the institution under
the managers, examine an inmate of the institu-
tion save in the presence of one of the managers
or of such person as aforesaid :
Provided that the Secretary of State, on
being satisfied that there is reason to believe
that a contravention of the principal Act is
taking place in any such institution, may
suspend the operation of this provision as
respects that institution to such extent as he
may consider necessary ;
(e) The managers shall not later than the fifteenth day
of January in each year send to the Secretary of
State a correct return in the prescribed form,
specifying the names of the managers and the
name of the person (if any) having charge of the
institution under the managers, and such par-
ticulars as to the number, age, sex, and employ-
ment of the inmates and other persons employed
in the work carried on in the institution as the
Secretary of State may require, and shall, if any
requirement of this paragraph is not complied
with, be liable to a fine not exceeding five pounds.
Supplemental.
6 — Where in any premises which are subject to inspec- inspection
tion by or under the authority of any Government depart-
ment any manual labour is exercised, otherwise than for
the purposes of instruction, in or incidental to the making,
altering, repairing, ornamenting, finishing, washing, clean-
ing, or adapting for sale, of any article, and the premises
350 FACTORY AND WORKSHOP ACT, 1907.
Sec. 6- do not constitute a factory or workshop by reason that
the work carried on therein is not carried on by way of
trade or for the purposes of gain, or by reason that the
persons employed in the work are not working under a
contract of service or apprenticeship, the Secretary of
State may arrange with the department that the premises
shall, as respects the matters dealt with by the principal
Act, be inspected by an inspector appointed under that
Act, and where such an arrangement is made, inspectors
appointed under the principal Act shall have, as respects
such matters as aforesaid, the like right of entry and
inspection as is conferred on inspectors of the department
concerned.
short title, 7 — (1) This Act may be cited as the Factory and Work-
tfon^aSd shop Act, 1907, and shall be construed as one with the
repeal. Factory and Workshop Act, 1901, and the Factory and
Workshop Act, 1901, and this Act may be cited together
as the Factory and Workshop Acts, 1901 and 1907.
(2) This Act shall come into operation on the first day
of January one thousand nine hundred and eight.
(3) Section one hundred and three of the Factory and
Workshop Act, 1901, is hereby repealed.
351
SECTION G.
CINEMATOGRAPH ACT, 1909.
9 EDW. 7, c. 30.
Regulations dated 18th February, 1910, made by the
Secretary of State under the Cinematograph Act, 1909.
AERANGEMENT OF SECTIONS.
SECTION ' PAGE
1. Provision against cinematograph exhibition except in
licensed premises 352
2. Provisions as to licences 352, 353
3. Penalties 353
4. Power of entry 353, 354
5. Power of county councils to delegate - - - - 354
6. Application to county boroughs - - 354
7. Application of Act to special premises - - - 354-355
8. Application to Scotland 355
9. Application to Ireland 355, 356
10. Short title and commencement 356
352
CINEMATOGRAPH ACT, 1909.
9 EDW. 7, c. 30.
An Act to make better provision for securing safety at
Cinematograph and other Exhibitions.
[25th November 1909.]
BE it enacted by the King'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 : —
1 — -An exhibition of pictures or other optical effects by
means of a cinematograph, or other similar apparatus, for
the purposes of which inflammable films are used, shall
excepUn11 no^ ^e §^ven unless the regulations made by the Secretary
licensed of State for securing safety are complied with, or, save as
premises. 0^^^ expressly provided by this Act, elsewhere than
in premises licensed for the purpose in accordance with the
provisions of this Act.
Provisions 2 — (1) A county council may grant licences to such
as to persons as they think fit to use the premises specified in
licences. --, -,. <• ,1 /• -j r r" j
the licence for the purposes aforesaid on such terms and
conditions and under such restrictions as, subject to regu-
lations of the Secretary of State, the council may by the
respective licences determine.
(2) A licence shall be in force for one year or for such
shorter period as the council on the grant of the licence
may determine, unless the licence has been previously re-
voked as hereinafter provided.
(3) A county council may transfer any licence granted
by them to such other person as they think fit.
(4) An .applicant for a licence or transfer of a licence
CINEMATOGRAPH ACT, 1909. 353
shall give not less than seven days' notice in writing to Sec. 2.
the county council and to the chief officer of police of the
police area in which the premises are situated of his inten-
tion to apply for a licence or transfer ;
Provided that it shall not be necessary to give any
notice where the application is for the renewal of an exist-
ing licence held by the applicant for the same premises.
(5) There shall be paid in respect of the grant, renewal,
or transfer of a licence such fees as the county council
may fix, not exceeding in the case of a grant or renewal
for one year one pound, or in the case of a grant or renewal
for any less period five shillings for every month for which
it is granted or renewed, so however that the aggregate of
the fees payable in any year shall not exceed one pound,
or, in the case of transfer, five shillings.
(6) For the purposes of this Act, the expressions " police
area " and " chief officer of police," as respects the city of
London, mean the city and the Commissioner of City
Police, and elsewhere have the same meanings as in the 53 & 54
Police Act, 1890. Vict- c- &
3 — If the owner of a cinematograph or other apparatus Penalties,
uses the apparatus, or allows it to be used, or if the oc-
cupier of any premises allows those premises to be used,
in contravention of the provisions of this Act or the regu-
lations made thereunder, or of the conditions or restrictions
upon or subject to which any licence relating to the
premises has been granted under this Act, he shall be
liable, on summary conviction, to a fine not exceeding
twenty pounds, and in the case of a continuing offence to
a further penalty of five pounds for each day during which
the offence continues, and the licence (if any) shall be
liable to be revoked by the county council.
4 — A constable or any officer appointed for the purpose Power of
by a county council may at all reasonable times enter any entry>
premises, whether licensed or not, in which he has reason
to believe that such an exhibition as aforesaid is being or
is about to be given, with a view to seeing whether the pro-
visions of this Act, or any regulations made thereunder,
and the conditions of any licence granted under this Act,
have been complied with, and, if any person prevents or
23
354
CINEMATOGRAPH ACT, 1909.
Sec. 4. obstructs the entry of a constable or any officer appointed
as aforesaid, he shall be liable, on summary conviction, to
a penalty not exceeding twenty pounds.
Power of 5 — Without prejudice to any other powers of delegation,
councils to wnether to committees of the council or to district councils,
delegate, a county council may, with or without any restrictions or
conditions as they may think fit, delegate to justices sitting
in petty sessions any of the powers conferred on the council
by this Act.
Appiica- 6 — The provisions of this Act shall apply in the case of
county a county borough as if the borough council were a county
boroughs, council and the expenses of the borough council shall be
defrayed out of the borough fund or borough rate.
Appiica-
premises,
7 — (1) Where the premises are premises licensed by the
Lord Chamberlain the powers of the county council under
this Act shall, as respects those premises, be exercisable by
the Lord Chamberlain instead of by the county council.
(2) Where the premises in which it is proposed to give
such an exhibition as aforesaid are premises used occasion-
ally and exceptionally only, and not more than six days in
any one calendar year, for the purposes of such an exhibi-
tion, it shall not be necessary to obtain a licence for those
premises under this Act if the occupier thereof has given
to the county council and to the chief officer of police of the
police area, not less than seven days before the exhibition,
notice in writing of his intention so to use the premises,
and complies with the regulations made by the Secretary
of State under this Act, and, subject to such regulations,
with any conditions imposed by the county council, and
notified to the occupier in writing.
(3) Where it is proposed to give any such exhibition as
aforesaid in any building or structure of a moveable char-
acter, it shall not be necessary to obtain a licence under
this Act from the council of the county in which the
exhibition is to be given if the owner of the building or
structure —
(a) has been granted a licence in respect of that build-
ing or structure by the council of the county in
which he ordinarily resides, or by any authority
CINEMATOGRAPH ACT, 1909. 355
to whom that council may have delegated the powers Sec. 7.
conferred on them by this Act ; and
(b) has given to the council of the county and to the
chief officer of police of the police area in which it
is proposed to give the exhibition, not less than two
days before the exhibition, notice in writing of his
intention to give the exhibition ; and
(c) complies with the regulations made by the Secretary
of State under this Act, and, subject to such regu-
lations, with any conditions imposed by the county
council, and notified in writing to the owner.
(4) This Act shall not apply to an exhibition given in
a private dwelling-house to which the public are not ad-
mitted, whether on payment or otherwise.
8 — This Act shall extend to Scotland subject to theAppiica-
following modifications : — Scotland.
(1) For references to the Secretary of State there shall
be substituted references to the Secretary for
Scotland :
(2) For the reference to the Police Act, 1890, there
shall be substituted a reference to the Police (Scot- 53*54
land) Act, 1890 : vict- c- 6T-
(3) The expression " county borough " means a royal,
parliamentary, or police burgh ; and the expression
" borough council " means the magistrates of the
burgh ; and the expression " borough fund or
borough rate " means any rate within the burgh
leviable by the town council equally on owners and
occupiers :
(4) The provision relating to the delegation of powers
shall not apply.
9 — This Act shall extend to Ireland subject to the follow- Appiica-
ing modifications :- £°e?and.
(1) For references to the Secretary of State there shall
be substituted references to the Lord Lieutenant :
(2) The provision of this Act relating to the delegation
of powers shall not apply :
(3) Any of the powers conferred on the county council
by this Act may be exercised by any officer of the
356 CINEMATOGRAPH ACT, 1909.
Sec. 9. council authorised in writing by the council in that
behalf for such period and subject to such restric-
tions as the council think fit :
(4) In any urban district other than a county borough,
and in any town, the provisions of this Act shall
apply as if the council of the district and the com-
missioners of the town, as the case may be, were a
county council :
(5) The expenses incurred in the execution of this Act
shall —
(a) in the case of the council of any county
other than a county borough, be defrayed out of
the poor rate and raised over so much of the
county as is not included in any urban district
or town ;
(b) in the case of the council of any county
borough or other urban district, be defrayed out
of any rate or fund applicable to the purposes of
the Public Health (Ireland) Acts, 1878 to 1907,
as if incurred for those purposes ;
(c) in the case of the commissioners of any
town, be defrayed out of the rate leviable under
IT & is section sixty of the Towns Improvement (Ireland)
ict.c.ioi Act) 1854: Provided that the limits imposea
upon that rate by that section may be exceeded
for the purpose of raising the expenses incurred
under this Act by not more than one penny in
the pound :
(6) The expression " town " means any town as defined
61&62 by the Local Government (Ireland) Act, 1898, not
Viet., c. 37. being an urban district :
(7) The expressions " police area " and " chief officer of
police" mean, as respects the police district of
Dublin Metropolis, that district and the chief com-
missioner of the police for that district, and else-
where a police district and the county inspector of
the Eoyal Irish Constabulary.
short title 10 — This Act may be cited as the Cinematograph Act,
mence-m~ ^909, and shall come into operation on the first day of
ment. January nineteen hundred and ten,
CINEMATOGRAPH ACT, 1909. 357
KEGULATIONS, DATED 18TH FEBBUABY, 1910, MADE BY THE
SECBETABY OF STATE UNDEB THE CINEMATOGRAPH
ACT, 1909 (9 EDW. 7, c. 30).
In pursuance of the power vested in me by the Cine-
matograph Act, 1909 (9 Edw. 7, c. 30), I hereby make the
following regulations : —
GENEBAL.
1. In these regulations the word "building" shall be
deemed to include any booth, tent, or similar structure.
2. No building shall be used for cinematograph or other
similar exhibitions to which the Act applies, unless it be
provided with an adequate number of clearly indicated
exits so placed and maintained as readily to afford the
audience ample means of safe egress.
The seating in the building shall be so arranged as not
to interfere with free access to the exits ; and the gang-
ways and the staircases, and the passages leading to the
exits shall, during the presence of the public in the build-
ing, be kept clear of obstructions.
3. The cinematograph operator and all persons respon-
sible for or employed in or in connection with the exhibition
shall take all due precautions for the prevention of accidents,
and shall abstain from any act whatever which tends to
cause fire and is not reasonably necessary for the purpose
of the exhibition.
FIBE APPLIANCES.
4. Fire appliances adequate for the protection of the
building shall be provided, and shall include at least the
following, namely, a damp blanket, two buckets of water,
and a bucket of dry sand. In a building used habitually
for the purpose of cinematograph or other similar exhibi-
tions they shall also include a sufficient number of hand
grenades or other portable fire extinguishers.
The fire appliances shall be so disposed that there shall
be sufficient means of dealing with fire readily available
for use within the enclosure. Before the commencement
of each performance the cinematograph operator shall
satisfy himself that the fire appliances intended for use
358 CINEMATOGRAPH ACT, 1909.
within the enclosure are in working order, and during th6
performance such appliances shall be in the charge of some
person specially nominated for that purpose who shall see
that they are kept constantly available for use.
ENCLOSURES.
Regulations applying in all cases and to all classes of
buildings.
5. — (1) (a) The cinematograph apparatus shall be placed
in an enclosure of substantial construction made of or lined
internally with fire-resisting material and of sufficient
dimensions to allow the operator to work freely.
(b) The entrance to the enclosure shall be suitably
placed and shall be fitted with a self-closing close-fitting
door constructed of fire-resisting material.
(c) The openings through which the necessary pipes and
cables pass into the enclosure shall be efficiently bushed.
(d) The openings in the front face of the enclosure shall
not be larger than is necessary for effective projection, and
shall not exceed two for each lantern. Each such opening
shall be fitted with a screen of fire-resisting material, which
can be released both inside and outside the enclosure so
that it automatically closes with a close-fitting joint.
(e) The door of the enclosure and all openings, bushes,
and joints shall be so constructed and maintained as to
prevent, so far as possible, the escape of any smoke into
the auditorium. If means of ventilation are provided, they
shall not be allowed to communicate direct with the
auditorium.
(/) If the enclosure is inside the auditorium, either a
suitable barrier shall be placed round the enclosure at a
distance of not less than two feet from it, or other effectual
means shall be taken to prevent the public from coming
into contact with the enclosure.
(g) No unauthorised person shall go into the enclosure
or be allowed to be within the barrier.
(h) No smoking shall at any time be permitted within
the barrier or enclosure.
(i) No inflammable article shall unnecessarily be taken
into or allowed to remain in the enclosure.
CINEMATOGRAPH ACT, 1909. 359
Regulations applying only to specified classes of buildings.
(2) In the case of buildings used habitually for cinemato-
graph or other similar exhibitions, the enclosure shall be
placed outside the auditorium ; and in the case of per-
manent buildings used habitually as aforesaid the enclosure
shall also be permanent.
Provided, with regard to the foregoing requirements,
that, if the licensing authority is of opinion that compli-
ance with either or both of them is impracticable or in the
circumstances unnecessary for securing safety and shall
have stated such opinion by express words in the licence,
the requirement or requirements so specified shall not
apply.
LANTERNS, PROJECTORS, AND FILMS.
6. Lanterns shall be placed on firm supports constructed
of fire-resisting material, and shall be provided with a
metal shutter which can be readily inserted between the
source of light and the film-gate.
The film-gate shall be of massive construction and shall
be provided with ample heat-radiating surface. The pas-
sage for the film shall be sufficiently narrow to prevent
flame travelling upwards or downwards from the light -
opening.
7. Cinematograph projectors shall be fitted with two
metal film-boxes of substantial construction, and not more
than fourteen inches in diameter, inside measurement,
and to and from these the films shall be made to travel.
The film-boxes shall be made to close in such a manner,
and shall be fitted with a film-slot so constructed, as to
prevent the passage of flame to the interior of the box.
"8. Spools shall be chain or gear-driven and films shall
be wound upon spools so that the wound film shall not at
any time reach or project beyond the edges of the flanges
of the spool.
9. During the exhibition all films when not in use shall
be kept in closed metal boxes.
LIGHTING.
10. Where the general lighting of the auditorium and
exits can be controlled from within the enclosure, there
360 CINEMATOGRAPH ACT, 1909.
shall also be separate and independent means of control
outside and away from the enclosure.
11. No illuminant other than electric light or limelight
shall be used within the lantern.
Electric Light.
12. — (a) Within the enclosure the insulating material
of all electric cables, including " leads " to lamps, shall
be covered with fire-resisting material.
(b) There shall be no unnecessary slack electric cable
within the enclosure. The "leads" to the cinematograph
lamp shall, unless conveyed within a metal pipe or other
suitable casing, be kept well apart both within and with-
out the enclosure and shall run so that the course of each
may be readily traced.
(c) Cables for cinematograph lamps shall be taken as
separate circuits from the source of supply, and from the
supply side of the main fuses in the general lighting
circuit, and there shall be efficient switches and fuses
inserted at the point where the supply is taken, and in
addition, an efficient double-pole switch shall be fitted in
the cinematograph lamp circuit inside the enclosure.
When the cinematograph lamp is working, the pressure of
the current across the terminals of the double-pole switch
inside the enclosure shall not exceed 110 volts.
(d) Eesistances shall be made entirely of fire-resisting
material, and shall be so constructed and maintained that
no coil or other part shall at any time become unduly
heated.1 All resistances, with the exception of a resist-
ance for regulating purposes, shall be placed outside the
enclosure and, if reasonably practicable, outside the
auditorium. If inside the auditorium, they shall be
adequately protected by a wire guard or other efficient
means of preventing accidental contact.
The operator shall satisfy himself before the commence-
ment of each performance that all cables, leads, connections,
and resistances are in proper working order. The resist-
ances, if not under constant observation, shall be inspected
1 E.g., they should not become so heated that a piece of newspaper
placed in contact with any part of the resistance would readily
ignite.
CINEMATOGRAPH ACT, 1909. 361
at least once during each performance. If any fault is
detected, current shall be immediately switched off, and
shall remain switched off until the fault has been remedied.
Limelight.
13. — (a) If limelight be used in the lantern the gas
cylinders shall be tested and filled in conformity with the
requirements set out in the Appendix hereto. The tubing
shall be of sufficient strength to resist pressure from with-
out and shall be properly connected up.
(b) No gas shall be stored or used save in containers
constructed in accordance with the requirements contained
in the Appendix.
LICENCES.
14. Every licence granted under the Act shall contain
specific conditions for the carrying out of regulations 2
and 5 (1) (a), (6), (c), (d), (e), (f) in the building for which
the licence is granted, and may, in accordance with regula-
tion 5 (2), contain an expression of opinion on the matters
referred to in the proviso thereto.
15. Subject to the provisions of No. 16 of these regula-
tions, every licence granted under the Act shall contain a
clause providing for its lapse, or, alternatively, for its
revocation by the licensing authority, if any alteration is
made in the building or the enclosure without the sanction
of the said authority.
16. Where a licence has been granted under the Act in
respect of a moveable building, a plan and description of
the building, certified with the approval of the licensing
authority, shall be attached to the licence. Such a licence
may provide that any of the conditions or restrictions
contained therein may be modified either by the licensing
authority or by the licensing authority of the district where
an exhibition is about to be given. The licence and plan
and description or any of them shall be produced on demand
to any police constable or to any person authorised by the
licensing authority or by the authority in whose district
the building is being or is about to be used for the purpose
of an exhibition.
362 CtNEMATOG&AM ACT, 1900.
17. The regulations dated 20th December, 1909, made
under the Cinematograph Act, 1909, are hereby repealed,
provided, nevertheless, that any licence granted prior to
such repeal shall remain valid for the period for which it
was granted without the imposition of any more stringent
condition than may have been imposed at the time of the
grant.
Given under my hand at Whitehall this eighteenth
day of February, 1910.
H. J. Gladstone,
One of His Majesty's Principal
Secretaries of State.
APPENDIX.
LIMELIGHT.
The gas cylinders shall be tested and filled in conformity
with the requirements set out below, which follow the
recommendations of the Departmental Committee of the
Home Office on the Manufacture of Compressed Gas Cy-
linders [C. 7952 of 1896] :—
Cylinders of Compressed Gas (Oxygen, Hydrogen, or Coal
Gas).
(a) Lap-welded wrought-iron — Greatest working pres-
sure, 120 atmospheres, or 1800 Ibs. per square inch.
Stress due to working pressure not to exceed 6-J tons
per square inch.
Proof pressure in hydraulic test, after annealing, 224
atmospheres, or 3360 Ibs. per square inch.
Permanent stretch in hydraulic test not to exceed 10
per cent, of the elastic stretch.
One cylinder in 50 to be subjected to a statical bending
test, and to stand crushing nearly flat between two
rounded knife-edges without cracking.
(b) Lap-welded or seamless steel. — Greatest working
pressure, 120 atmospheres, or 1800 Ibs. per square inch.
Stress due to working pressure not to exceed 7J tons
CINEMATOGRAPH ACT, 1909. 363
per square inch in lap- welded, or 8 tons per square inch in
seamless cylinders.
Carbon in steel not to exceed 0'25 per cent, or iron to
be less than 99 per cent.
Tenacity of steel not to be less than 26 or more than 33
tons per square inch. Ultimate elongation not less than
1*2 inches in 8 inches. Test-bar to be cut from finished
annealed cylinder.
Proof pressure in hydraulic test after annealing, 224
atmospheres, or 3360 Ibs. per square inch.
Permanent stretch shown by water-jacket not to exceed
10 per cent, of elastic stretch.
One cylinder in 50 to be subjected to a statical bending
test, and to stand crushing nearly flat between rounded
knife-edges without cracking.
Regulations applicable to all Cylinders.
Cylinders to be marked with a rotation number, a manu-
facturer's or owner's mark, an annealing mark with date,
a test mark with date. The marks to be permanent and
easily visible.
Testing to be repeated at least every two years, and
annealing at least every four years.
A record to be kept of all tests.
Cylinders which fail in testing to be destroyed or
rendered useless.
Hydrogen and coal gas cylinders to have left-handed
threads for attaching connections and to be painted red.
The compressing apparatus to have two pressure gauges,
and an automatic arrangement for preventing overcharg-
ing. The compressing apparatus for oxygen to be wholly
distinct and unconnected with the compressing apparatus
for hydrogen 'and coal gas.
Cylinders not to be refilled till they have been emptied.
If cylinders are sent out unpacked the valve fittings
should be protected by a steel cap.
A minimum weight to be fixed for each size of a cylinder
in accordance with its required thickness. Cylinders of
less weight to be rejected.
364
SECTION H.
HOUSING, TOWN PLANNING, &c., ACT,
1909.
9 EDW. 7, c. 44.
ARRANGEMENT OF SECTIONS.
PART I. — HOUSING OF THE WORKING CLASSES.
Facilities for Acquisition of Lands and other Purposes of the
Housing Acts.
SECTION PAGE
1. Part III. of the principal Act to take effect without
adoption 368
2. Provisions as to acquisition of land under Part III. of the
principal Act 368, 369
3. Loans by Public Works Loan Commissioners to local
authorities - - 369
4. Loans by Public Works Loan Commissioners to public
utility societies 369, 370
5. Payment of purchase or compensation money (which
would otherwise be paid into court) on direction of
Local Government Board 370
6. Provision of public streets in connection with exercise of
powers under Part III. of the principal Act - - 370
7. Expenditure of money for housing purposes in case of
settled land 370, 371
8- Donations for housing purposes - 371
9. Provisions with respect to money applicable under trusts
for housing purposes 371
Powers of Enforcing Execution of Housing Acts.
10. Power of Local Government Board on complaint to
enforce exercise of powers - 371, 373
11. Power of Local Government Board to order schemes,
&c., to be carried out within a limited time - - 373
12. Powers of county council to act in default of rural
district council under Part III. of the principal Act - 373
13. Power of county council to exercise powers of rural
district council under Part III. of the principal Act - 374
HOUSING, TOWN PLANNING, &c., ACT, 1909. 365
Contracts by Landlord.
SECTION PAGE
14. Extension of section 75 of the principal Act - - 374, 375
15. Condition as to keeping houses let to persons of the
working classes in repair 375, 376
16. Extension of power of making by-laws with respect to
lodging-houses for the working classes - - 376, 377
Amendment of Procedure for Closing Orders and
Demolition Orders.
17. Duty of local authority as to closing of dwelling-house
unfit for human habitation 377-379
18- Order for demolition 380
19- Power to redeem annuities charged by charging order
under section 36 of the principal Act - 380
20. Provision as to priority of charges under section 37 of
the principal Act 381
21. Restriction on power of court of summary jurisdiction
to extend time 381
Amendments with respect to Improvement and
Reconstruction Schemes.
22- Amendment of section 4 of the principal Act as to official
representation 381
23- Amendment of the principal Act as to contents of
schemes - - 381,382
24. Amendment of 3 Edw. 7, c. 39, s. 5 - - - - 382
25- Modification of schemes ... . 332
26- Inquiries by Local Government Board inspectors as to
unhealthy areas 382
27. Amendment as to the vesting of water pipes, &c. - - 382
28- Amendment of section 38 of the principal Act as to dis-
tribution of compensation money and as to betterment
charges 383
29- Explanation of sections 21 (2) and 41 (3) of the principal
Act 383
Amendments with respect to Financial Matters.
*
30. Amendment as to application of money borrowed for
the purpose of the Dwelling-house Improvement
Fund - - - 383
31. Expenses of rural district council under Part III. of the
principal Act 383, 384
32- Application of proceeds of land sold under Part III. of
the principal Act 384
33- Mode in which contributions by London borough
councils to the county council or vice versa may be
made 384
34- Exemption from section 133 of 8 & 9 Viet., c. 18 - 384
35. Exemption of lodging-houses for the working classes
from Inhabited House Duty 385
366 HOUSING, TOWN PLANNING, Ac., ACT, 1909.
General Amendments.
SECTION PAGE
36- Power of entry 385, 386
37- Power of Local Government Board to obtain a report
on any crowded area 386
38- Joint action by local authorities 386
39. Appeals to Local Government Board - - - 386, 387
40- Sale and disposal of dwellings 387
41. Power to prescribe forms and to dispense with advertise-
ments and notices 387, 388
42- Provision as to publication in " London Gazette " - 388
43- Prohibition of back-to-back houses .... 388
44- Power to Local Government Board to revoke unreason-
able by-laws .... ... 339
45- Saving of sites of ancient monuments, &c. - - - 389
46- Minor amendments of Housing Acts .... 389
Definitions.
47. Provisions of this Part to be deemed to be part of the
appropriate Part of the principal Act 389, 390
48- Amendment of definitions in Part I. of the principal
Act - 390
49- Amendment of definitions for purpose of Part II. of the
principal Act 390
50- Definition of cottage ------- 390
51. Definition of Housing Acts 390
Application of Part I. to Scotland.
52. Extension of 63 & 64 Viet., c. 59, and 3 Edw. 7, c. 39, to
Scotland 390
53. Application of Housing Acts to Scotland 391-394
PART II. — TOWN PLANNING.
54. Preparation and approval of town planning scheme 394-396
55. Contents of town planning schemes - - - 396, 397
56. Procedure regulations of the Local Government Board 397, 398
57- Power to enforce scheme 398, 399
58. Compensation in respect of property inj uriously affected
by scheme, &c. 399, 400
59. Exclusion or limitation of compensation in certain
cases - 400,401
60- Acquisition by local authorities of land comprised in a
scheme 401
61. Powers of Local Government Board in case of default of
local authority to make or execute town planning
scheme - 401, 402
fc62- Determination of matters by Local Government Board 402
63- Inquiries by Local Government Board - 402
L64. Laying general provisions before Parliament - 402, 403
• 65- Definition of local authority, and expenses - - - 403
66- Application to London - .... 4Q3
1 67. Application of Part II. to Scotland - - - 403,404
HOUSING, TOWN PLANNING, Ac., ACT, 1909. 367
PART III. — COUNTY MEDICAL OFFICERS, COUNTY PUBLIC HEALTH
AND HOUSING COMMITTEE, &c.
SECTION PAGE
68- Appointment, duties, and tenure of office of county
medical officers 404, 405
69. Duty of clerk and medical officer of health of district
council to furnish information to medical officer of
health of county council 405, 406
70- Extent of Part III. 406
71. Public health and housing committee of county
councils - - - 406,407
72. Formation and extension of building societies - - 407
PART IV.— SUPPLEMENTAL.
73- Provisions as to commons and open spaces - - 407, 408
74. Provisions as to land in neighbourhood of royal palaces
or parks ... .... 408,409
75. Repeal 409
76. Short title and extent - 409
First Schedule - 409-412
Second Schedule 413
Third Schedule 414
Fourth Schedule , 414, 415
Fifth Schedule 415, 416
Sixth Schedule 416-419
368
HOUSING, TOWN PLANNING, &c. ACT,
1909.
9 EDW. 7 c. 44.
An Act to amend the Law relating to the Housing of the
Working Classes, to provide for the making of Town
Planning schemes, and to make further provision with
respect to the appointment and duties of County Medical
Officers of Health, and to provide for the establishment
of Public Health and Housing Committees of County
Councils.
[3rd December 1909.]
BE it enacted by the King'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 : —
PART I.
HOUSING OF THE WORKING CLASSES.
Facilities for Acquisition of Lands and other Purposes of
the Housing Acts.
Part in. of 1 — Part III. of the Housing of the Working Classes
theprin- Act, 1890 (in this Part of this Act referred to as the prin-
cipalActto % . x v , .. „ , Jt
take effect cipal Act), shall, after the commencement of this Act, ex-
adopSon. ten(^ to an(^ ta^e effect m every urban or rural district, or
53'<fe 54 -, ' other place for which it has not been adopted, as if it had
Vlct"c-70' been so adopted.
2 — (1) A local authority may be authorised to purchase
land compulsorily for the purposes of Part III. of the
HOUSING, TOWN PLANNING, &c., ACT, 1909. 369
principal Act, by means of an order submitted to the Local Sec. 2.
Government Board and confirmed by the Board in ac- Provisions
cordance with the First Schedule to this Act. acquisition
(2) The procedure under this section for the compulsory
i PI -i i -ii i i ,-A , -i e ^1 -i e under Part
purchase of land shall be substituted for the procedure for TIL of the
the same purpose under section one hundred and seventy- JJJjf011*1
six of the Public Health Act, 1875, as applied by subsection 33 & 39
(1) of section fifty-seven of the principal Act. Vict" c- *•
(3) A local authority may, with the consent of and sub-
ject to any conditions imposed by the Local Government
Board, acquire land by agreement for the purposes of Part
III. of the principal Act, notwithstanding that the land is
not immediately required for those purposes.
3 — Where a loan is made by the Public Works Loan Loans by
Commissioners to a local authority for any purposes of the works
Housing Acts — SsSoners
(a) The loan shall be made at the minimum rate allowed to local
for the time being for loans out of the Local Loans Cities0"
Fund ; and
(b) If the Local Government Board make a recommen-
dation to that effect, the period for which the loan
is made by the Public Works Loan Commissioners
may exceed the period allowed under the principal
Act or under any other Act limiting the period for
which the loan may be made, but the period shall
not exceed the period recommended by the Local
Government Board, nor in any case eighty years ;
and
(c) As between loans for different periods, the longer
duration of the loan shall not be taken as a reason
for fixing a higher rate of interest.
4 — (1) Where a loan is made by the Public Works Loan Loans by
Commissioners under section sixty-seven, subsection (2) ^Jjjj
(d), of the principal Act, to a public utility society, the Loan Com-
words "two thirds " shall be substituted for the words
" one moiety ".
(2) For the purposes of this section a public utility
society means a society registered under the Industrial and
Provident Societies Act, 1893, or any amendment thereof, se&s?
the rules whereof prohibit the payment of any interest or vic*" c> 39-
24
370 HOUSING, TOWN PLANNING, &c., ACT, 1909.
. ....,.]
Sec. 4. dividend at a rate exceeding five pounds per centum per
annum.
Paymentof 5 — (1) Any purchase money or compensation payable
purchase jn pursuance of the Housing Acts by a local authority in
or com- . , -. . , i xi_ i i
pensation respect of any lands, estate, or interest of another local
(wh?ch authority which would, but for this section, be paid into
would court in manner provided by the Lands Clauses Acts or
bepSd by paragraph (20) of the Second Schedule to the principal
ondirec^^ ^ct mav' ^ *^e ^ocal Government Board consent, instead
tion of of being paid into court, be paid and applied as the Board
Govern- determine.
Board ^ ^ny suc^ Decision °^ *ke Board as to the payment
and application of any such purchase money or compensa-
tion shall be final and conclusive.
Provision 6 — Any local authority in connection with the exercise
streefsin bv tnem of their Powers under Part III. of the principal
connection Act may lay out and construct public streets or roads on
erciseof any land acquired or appropriated by them for the purpose
P°dTrPart °^ ^a^ •^>ar^ °^ ^at ^c^' or contribute towards the cost of
in. of the the laying out and construction of any streets or roads on
ActnC1Pal anv sucn land by other persons on the condition that those
streets or roads are to be dedicated to the public.
Expend!- 7 — (1) The following paragraph shall be substituted for
money for ParagraPn (^) °f subsection (1) of section seventy-four of
lousing the principal Act : —
Fn^case^f (&) The improvements on which capital money arising
settled under the Settled Land Act, 1882, may be expended,
45&46 enumerated in section twenty-five of the said Act
Vict.,c. 38. an(j referre(j to in section thirty of the said Act,
shall, in addition to cottages for labourers, farm
servants, and artisans, whether employed on the
settled land or not, include the provision of dwell-
ings available for the working classes, either by
means of building new buildings or by means of
the reconstruction, enlargement, or improvement of
existing buildings, so as to make them available for
the purpose, if that provision of dwellings is, in the
opinion of the court, not injurious to the estate or
HOUSING, TOWN PLANNING, &c., ACT, 1909. 37!
is agreed to by the tenant for life and the trustees Sec. 7-
of the settlement.
(2) The provision by a tenant for life, at his own ex-
pense, of dwellings available for the working classes on
any settled land shall not be deemed to be an injury to
any interest in reversion or remainder in that land ; pro-
vided that the powers conferred upon a tenant for life by
this subsection shall not be exercised by him without the
previous approval in writing of the trustees of the settle-
ment.
8 — A local authority may accept a donation of land or Donations
money or other property for any of the purposes of the
Housing Acts, and it shall not be necessary to enrol any
assurance with respect to any such property under the
Mortmain and Charitable Uses Act, 1888. 51 & 52
Viet., c. 42.
9 — (1) If in any case it appears to the Local Govern- Provisions
ment Board that the institution of legal proceedings is re- Aspect to
quisite or desirable with respect to any property required
to be applied under any trusts for the provision of dwell- under
ings available for the working classes, or that the expedit- JSSjfJ'
ing of any such legal proceedings is requisite or desirable, purposes.
the Board may certify the case to the Attorney-General,
and the Attorney-General, if he thinks fit, shall institute
any legal proceedings or intervene in any legal proceedings
already instituted in such manner as he thinks proper under
the circumstances.
(2) Before preparing any scheme with reference to pro-
perty required to be applied under any trusts for the provi-
sion of dwellings available for the working classes, the court
or body who are responsible for making the scheme shall
communicate with the Local Government Board and re-
ceive and consider any recommendations made by the
Board with reference to the proposed scheme.
Powers of Enforcing Execution of Housing Acts.
10 — (1) Where a complaint is made to the Local Govern- Power of
ment Board- SSLS
(a) as respects any rural district by the council of the Board on
county in which the district is situate, or by the c°
372 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 10. parish council or parish meeting of any parish
to enforce comprised in the district, or by any four inhabitant
power!6 °f householders of the district ; or
(b) as respects any county district, not being a rural
district, by the council of the county in which the
district is situated, or by four inhabitant house-
holders of the district ; or
(c) as respects the area of any other local authority by
four inhabitant householders of the area ;
that the local authority have failed to exercise their powers
under Part II. or Part III. of the principal Act in cases
where those powers ought to have been exercised, the
Board may cause a public local inquiry to be held, and if,
after holding such an inquiry, the Board are satisfied that
there has been such a failure on the part of the local
authority, the Board may declare the authority to be in de-
fault, and may make an order directing that authority,
within a time limited by the order, to carry out such
works and do such other things as may be mentioned in
the order for the purpose of remedying the default.
(2) Before deciding that a local authority have failed to
exercise their powers under Part III. of the principal Act,
the Board shall take into consideration the necessity for
further accommodation for the housing of the working
classes in such district, the probability that the required
accommodation will not be otherwise provided, and the
other circumstances of the case, and whether, having regard
to the liability which will be incurred by the rates, it is
prudent for the local authority to undertake the provision
of such accommodation.
(3) Where an order originally made under this section
on the council of a county district is not complied with by
that council, the Local Government Board may, if they
think fit, with the consent of the county council, instead
of enforcing that order against the council of the county
district, make an order directing the county council to
carry out any works or do any other things which are
mentioned in the original order for the purpose of remedy-
ing the default of the district council.
(4) Where the Board make an order under this section
directing a county council to carry out any works or do
any other thing, the order may, for the purpose of enabling
HOUSING, TOWN PLANNING, Ac., ACT, 1909. 373
the county council to give effect to the order, apply any of Sec. 10.
the provisions of the Housing Acts or of section sixty-three 56 & 57
of the Local Government Act, 1894, with such modifications Vlct" c- 73'
or adaptations (if any) as appear necessary or expedient.
(5) An order made by the Local Government Board
under this section shall be laid before both Houses of
Parliament as soon as may be after it is made.
(6) Any order made by the Local Government Board
under this section may be enforced by mandamus.
11 — (1) Where it appears to the Local Government Power of
Board that a local authority have failed to perform their JSmenf ^
duty under the Housing Acts of carrying out -an improve- B°daerrd to
ment scheme under Part I. of the principal Act, or have sJheLes,
failed to give effect to any order as respects an obstructive *aCrrie°dbout
building, or to a reconstruction scheme, under Part II. of ™^in a
that Act, or have failed to cause to be made the inspection time.6
of their district required by this Act, the Board may make
an order requiring the local authority to remedy the default
and to carry out any works or do any other things which
are necessary for the purpose under the Housing Acts
within a time fixed by the order.
(2) Any order made by the Local Government Board
under this section may be enforced by mandamus.
12 — Where a complaint is made to the council of a powers of
county by the parish council or parish meeting of any parish °JjJjJ*J to
comprised in any rural district in the county, or by any act in
four inhabitant householders of that district, the county rura?1*
council may cause a public local inquiry to be held, and district
>• *. i -ii< i « • -I -i council
if, alter holding such an inquiry, the county council are under Part
satisfied that the rural district council have failed to exercise
their powers under Part III. of the principal Act in cases Act.
where those powers ought to have been exercised, the
county council may resolve that the powers of the district
council for the purposes of that Part be transferred to the
county council with respect either to the whole district or
to any parish in the district, and those powers shall be
transferred accordingly, and, subject to the provisions of
this Act, section sixty-three of the Local Government Act,
1894, shall! apply as if the powers had been transferred
under that Act.
374 HOUSING, TOWN PLANNING, &c., ACT, 1909.
mdof the* °^
Power of 13 — (i) Where the council of a county are of opinion
council to that for any reason it is expedient that the council should
exei>cise, as respects any rural district in the county, any
of the powers of a local authority under Part III. of the
principal Act, the council, after giving notice to the council
District °f their intention to do so, may apply to the
principal Local Government Board for an order conferring such
powers on them.
(2) Upon such an application being made, the Board
may make an order conferring on the county council as
respects the rural district all or any of the powers of a
local authority under Part III. of the principal Act, and
thereupon the provisions of the Housing Acts relating to
those powers (including those enabling the Public Works
Loan Commissioners to lend, and fixing the terms for
which money may i be lent and borrowed) shall apply as if
the council were a local authority under Part III. of the
principal Act : Provided that he expenses incurred by the
county council under any such order shall be defrayed as
expenses for general county purposes.
(3) Where, under any such order, the county council
have executed any works in a rural district they may
transfer the works to the council of that district on such
terms and subject to such conditions as may be agreed
between them.
Contracts by Landlord.
14 — In any contract made after the passing of this Act
^or le^mg for habitation a house or part of a house at a
rent not exceeding —
(a) in the case of a house situate in the administrative
county of London, forty pounds ;
(b) in the case of a house situate in a borough or urban
district with a population according to the last
census for the time being of fifty thousand or up-
wards, twenty-six pounds ;
(c) in the case of a house situate elsewhere, sixteen
pounds ;
there shall be implied a condition that the house is at the
commencement of the holding in all respects reasonably
fit for human habitation, but the condition aforesaid shall
HOUSING, TOWN PLANNING, &c., ACT, 1909. 375
not be implied when a house or part of a house is let for Sec. 14.
a term of not less than three years upon the terms that it
be put by the lessee into a condition reasonably fit for
occupation, and the lease is not determinable at the option
of either party before the expiration of that term.
15 — (1) The last foregoing section shall, as respects condition
contracts to which that section applies, take effect as if the fng^ouses
condition implied by that section included an undertaking let to
that the house shall, during the holding, be kept by the the8work°
landlord in all respects reasonably fit for human habita- jjjgr|j}52!.es
tion.
(2) The landlord or the local authority, or any person
authorised by him or them in writing, may at reasonable
times of the day, on giving twenty-four hours' notice in
writing to the tenant or occupier, enter any house, pre-
mises, or building to which this section applies for the
purpose of viewing the state and condition thereof.
(3) If it appears to the local authority within the mean-
ing of Part II. of the principal Act that the undertaking
implied by virtue of this section is not complied with in
the case of any house to which it applies, the authority
shall, if a closing order is not made with respect to the
house, by written notice require the landlord, within a
reasonable time, not being less than twenty-one days,
specified in the notice, to execute such works as the
authority shall specify in the notice as being necessary to
make the house in all respects reasonably fit for human
habitation.
(4) Within twenty-one days after the receipt of such
notice the landlord may by written notice to the local
authority declare his intention of closing the house for
human habitation, and thereupon a closing order shall be
deemed to have become operative in respect of such house.
(5) If the notice given by the local authority is not
complied with, and if the landlord has not given the notice
mentioned in the immediately preceding subsection, the
authority may, at the expiration of the time specified in
the notice given by them to the landlord, do the work re-
quired to be done and recover the expenses incurred by
them in so doing from the landlord as a civil debt in
rnanner provided by the Summary Jurisdiction Acts, or,
376 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 15« if they think fit, the authority may by order declare any
such expenses to be payable by annual instalments within
a period not exceeding that of the interest of the landlord
in the house, nor in any case five years, with interest at
a rate not exceeding five pounds per cent, per annum,
until the whole amount is paid, and any such instalments
or interest or any part thereof may be recovered from the
landlord as a civil debt in manner provided by the Sum-
mary Jurisdiction Acts.
(6) A landlord may appeal to the Local Government
Board against any notice requiring him to execute works
under this section, and against any demand for the re-
covery of expenses from him under this section or order
made with respect to those expenses under this section by
the authority, by giving notice of appeal to the Board within
twenty-one days after the notice is received, or the demand
or order is made, as the case may be, and no proceedings
shall be taken in respect of such notice requiring works,
order, or demand, whilst the appeal is pending.
(7) In this section the expression " landlord " means
any person who lets to a tenant for habitation the house
under any contract referred to in this section, and includes
his successors in title ; and the expression " house " in-
cludes part of a house.
(8) Sections forty-nine and fifty of the principal Act as
3 Edw. 7, amended by section thirteen of the Housing of the Work-
ing Classes Act, 1903 (which relate to the service of notices
and the description of owner in proceedings), shall apply
for the purposes of this section, with the substitution,
where required, of the landlord for the owner of a dwelling-
house.
(9) Any remedy given by this section for non-compliance
with the .undertaking implied by virtue of this section
shall be in addition to and not in derogation of any other
remedy available to the tenant against the landlord, either
at common law or otherwise.
ofXtower1of ^ — W ^"^ Power °f Baking and enforcing by-laws
making under section ninety of the Public Health Act, 1875, and
5ithfw8 section ninety-four of the Public Health (London) Act,
Aspect to 1891, with respect to houses or parts of houses which are
hoiSSffor let in lodgings or occupied by members of more than one
HOUSING, TOWN PLANNING, &c., ACT, 1909. 377
family, shall, in the case of houses intended for the work- Sec. 16-
ing classes, extend to the making and enforcing of by-laws the work- ^
imposing any duty (being a duty which may be imposed SVst88*
by the by-laws and which involves the execution of WOrk)vict->c-76-
upon the owner within the meaning of the said Acts, in
addition to or in substitution for any other person having
an interest in the premises, and prescribing the circum-
stances and conditions in and subject to which any such
duty is to be discharged.
(2) For the purpose of discharging any duty so imposed,
the owner or other person may at all reasonable times enter
upon any part of the premises, and section fifty-one of
the principal Act shall apply as if for the reference to the
provisions of Part II. of that Act there were substituted a
reference to the provisions of such by-laws, and as if the
person on whom such duty is imposed were the owner
and any inmate of the premises were the occupier of a
dwelling-house.
(3) Where an owner or other person has failed to execute
any work which he has been required to execute under
the by-laws, the local authority or sanitary authority, as
the case may be, may, after giving to him not less than
twenty-one days' notice in writing, themselves execute
the works and recover the costs and expenses, and for
that purpose the provisions of subsection (5) of the last
foregoing section, with respect to the execution of works
and the recovery of expenses by local authorities, shall
apply as if the owner or other person were the landlord,
and with such other adaptations as may be necessary.
Amendment of Procedure for Closing Orders and
Demolition Orders.
17 — (1) It shall be the duty of every local authority Duty
within the meaning of Part II. of the principal Act to authority
cause to be made from time to time inspection of their »* tocios-
district, with a view to ascertain whether any dwelling- dwelling-
house therein is in a state so dangerous or injurious to JjJJ.11^6, JJjJ*
health* as to be unfit for human habitation, and for that habitation,
purpose it shall be the duty of the local authority, and of
every officer of the local authority, to comply with such
378 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 17« regulations and to keep such records as may be prescribed
by the Board.
(2) If, on the representation of the medical officer of
health, or of any other officer of the authority, or other
information given, any dwelling-house appears to them
to be in such a state, it shall be their duty to make an
order prohibiting the use of the dwelling-house for human
habitation (in this Act referred to as a closing order) until
in the judgment of the local authority the dwelling-
house is rendered fit for that purpose.
(3) Notice of a closing order shall be forthwith served
on every owner of the dwelling-house in respect of which
it is made and any owner aggrieved by the order may
appeal to the Local Government Board by giving notice
of appeal to the Board within fourteen days after the
order is served upon him.
(4) Where a closing order has become operative, the
local authority shall serve notice of the order on every
occupying tenant of the dwelling-house in respect of which
the order is made, and, within such period as is specified
in the notice, not being less than fourteen days after the
service of the notice, the order shall be obeyed by him,
and he and his family shall cease to inhabit the dwelling-
house, and in default he shall be liable on summary con-
viction to be ordered to quit the dwelling-house within
such time as may be specified in the order.
(5) Unless the dwelling-house has been made unfit for
habitation by the wilful act or default of the tenant or of
any person for whom as between himself and the owner
or landlord he is responsible, the local authority may make
to every such tenant such reasonable allowance on account
of his expense in removing as may be determined by the
local authority with the consent of the owner of the
dwelling-house, or, if the owner of the dwelling-house fails
to consent to the sum determined by the local authority,
as may be fixed by a court of summary jurisdiction, and
the amount of the said allowance shall be recoverable by
the local authority from the owner of the dwelling-house
as a civil debt in manner provided by the Summary
Jurisdiction Acts.
The local authority shall determine any closing
ler made by them if they are satisfied that the dwelling-
HOUSING, TOWN PLANNING, &c., ACT, 1909. 379
house, in respect of which the order has been made, has Sec. 17»
been rendered fit for human habitation.
If, on the application of any owner of a dwelling-house,
the local authority refuse to determine a closing order, the
owner may appeal to the Local Government Board by
giving notice of appeal to the Board within fourteen days
after the application is refused.
(7) A room habitually used as a sleeping-place, the
surface of the floor of which is more than three feet below
the surface of the part of the street adjoining or nearest to
the room, shall for the purposes of this section be deemed
to be a dwelling-house so dangerous or injurious to
health as to be unfit for human habitation, if the room
either —
(a) is not on an average at least seven feet in height
from floor to ceiling ; or
(b) does not comply with such regulations as the local
authority with the consent of the Local Govern-
ment Board may prescribe for securing the proper
ventilation and lighting of such rooms, and the pro-
tection thereof against dampness, effluvia, or ex-
halation : Provided that if the local authority, after
being required to do so by the Local Government
Board, fail to make such regulations, or such regu-
lations as the Board approve, the Board may
themselves make them, and the regulations so
made shall have effect as if they had been made
by the local authority with the consent of the
Board :
Provided that a closing order made in respect of a room
to which this subsection applies shall not prevent the room
being used for purposes other than those of a sleeping-
place ; and that, if the occupier of the room after notice of
an order has been served upon him fails to comply with
the order, an order to comply therewith may, on summary
conviction, be made against him.
This subsection shall not come into operation until the
first day of July nineteen hundred and ten, and a clos-
ing order made in respect of any room to which this
subsection applies shall not be treated as a closing order
in respect of a dwelling-house for the purposes of the next
succeeding section. «
380 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Order for
demoli-
tion.
Power to
charging
order
under
section 36
of the
principal.
Act.
18 — (1) Where a closing order in respect of any
dwelling-house has remained operative for a period of
three months, the local authority shall take into con-
sideration the question of the demolition of the dwelling-
house, and shall give every owner of the dwelling-house
notice of the time (being some time not less than one
month after the service of the notice) and place at which
the question will be considered, and any owner of the
dwelling-house shall be entitled to be heard when the
question is so taken into consideration.
(2) If upon any such consideration the local authority
are of opinion that the dwelling-house has not been
rendered fit for human habitation, and that the necessary
steps are not being taken with all due diligence to render
it so fit, or that the continuance of any building, being or
being part of the dwelling-house, is a nuisance or dangerous
or injurious to the health of the public or of the inhabitants
of the neighbouring dwelling-houses, they shall order the
demolition of the building.
(3) If any owner undertakes to execute forthwith the
works necessary to render the dwelling-house fit for human
habitation, and the local authority consider that it can be
so rendered fit for human habitation, the local authority
may, if they think fit, postpone the operation of the order
for such time, not exceeding six months, as they think
sufficient for the purpose of giving the owner an oppor-
tunity of executing the necessary works.
(4) Notice of an order for the demolition of a building
shall be forthwith served on every owner of the building
in respect of which it is made, and any owner aggrieved
by the order may appeal to the Local Government Board
by giving notice of appeal to the Board within twenty-one
days after the order is served upon him.
of or other person interested in a
which an annuity has been charged by
19 — Any owner
dwelling-house on
a charging order made under section thirty-six of the
principal Act (which relates to the grant of charges) shall
at any time be at liberty to redeem the annuity on pay-
ment to the person entitled to the annuity of such sum as
may be agreed upon, or in default of agreement determined
by the Local Government Board,
HOUSING, TOWN PLANNING, Ac., ACT, 1909. 381
20 — The charges excepted in subsection (1) of section Provision
thirty-seven of the principal Act (which relates to the in- priority of
cidence of charges) shall include charges on the dwelling- charges
-i • • • • e ,1 -r> i i. under
house created or arising under any provision of the Public section 37
Health Acts, or under any provision in any local Act
authorising a charge for recovery of expenses incurred by Act.
a local authority.
21 — Subsection (3) of section forty- seven of the principal Restriction
Act (which gives power to a court of summary jurisdiction J?cUJJt of
to enlarge the time for certain matters) shall cease tosumm.ary
have effect as respects the time allowed for the execution tion to°
of any works or the demolition of a building under a clos
ing order or under an order for the demolition of a build
ing.
Amendments with respect to Improvement and
Reconstruction Schemes.
22 — In section four of the principal Act (which relates Amend-
to an official representation), the words "that the raost m®g* £f4
satisfactory method of dealing with the evils connected of the prin-
with such houses, courts, or alleys, and the sanitary de- foPoffitiaias
fects in such area is an improvement scheme " shall
substituted for the words " that the evils connected with
such houses, courts, or alleys, and the sanitary defects in
such area cannot be effectually remedied otherwise than
by means of an improvement scheme ".
23 — (1) Section six of the principal Act (which relates Amend-
to the contents of an improvement scheme) shall be read
as if in subsection (1) the words "for sanitary pur-
poses " were omitted in paragraph (a) ; and as if the of schemes,
following paragraph was inserted at the end of that sub-
section : —
"and
(e) may provide for any other matter (including the
closing and diversion of highways) for which it
seems expedient to make provision with a view to
the improvement of the area or the general efficiency
of the scheme."
(2) Provision may be made in a reconstruction scheme
382 HOUSING, TOWN PLANNING, Ac., ACT, 1909.
Sec. 23. under Part II. of the principal Act for any matters for
which provision may be made in an improvement scheme
made under Part I. of that Act.
Amend- 24 — (1) Paragraphs (a) and (b) of subsection (2) of
3Edw°7, c. section five of the Housing of the Working Classes Act,
39, s. 5. 1903 (which limit the cases under which an order con-
firming an improvement scheme takes effect without con-
firmation by Parliament), shall cease to have effect.
(2) An order of the Local Government Board sanctioning
a reconstruction scheme, and authorising the compulsory
purchase of land for the purpose shall, notwithstanding
anything in section thirty-nine of the principal Act, take
effect without confirmation.
Modifica- 25 — The Local Government Board may, in the exercise
scheme?. °^ tne^r P°wer under section fifteen or subsection (9) of
section thirty-nine of the principal Act, permit the local
authority to modify their scheme, not only by the abandon-
ment of any part of the scheme which it may appear inex-
pedient to carry into execution, but also by amending
or adding to the scheme in matters of detail in such manner
as appears expedient to the Board.
inquiries 26 — Any inspector or officer of the Local Government
G-o^Sn*1 Board, or any person employed by the Board, may be
ment directed to make any inspection or inquiry which is re-
inspectors quired for the purposes of section sixteen of the principal
unhealthy ^ct (wmcn relates to inquiries made on the default of a
areas. medical officer), and section eighty-five of that Act (which
relates to inquiries by the Local Government Board),
as amended by this Act, shall apply as respects any in-
spection or inquiry so held as it applies to local inquiries
held under that section.
Amend- 27 — An improvement scheme under Part I. of the
thenveasting Prmcipal Act may, with the consent of the person or
of water body of persons entitled to any right or easement which
pipes, c. wouj(j J.JQ extinguished by virtue of section twenty-two of
the principal Act, provide for any exceptions, restrictions,
or modifications in the application to that right or ease-
ment of that section, and that section shall take effect
subject to any such exceptions, restrictions, or modifications.
HOUSING, TOWN PLANNING, &c., ACT, 1909. 383
28 — (1) The amount of any compensation payable under Amend-
section thirty-eight of the principal Act (which relates to JJUScm'ss
obstructive buildings) shall, when settled by arbitration in of the prin-
manner provided by that section, be apportioned by the toPd/8tribu8-
arbitrator between any persons having an interest in the ^mpenw,-
compensation in such manner as the arbitrator determines, tion money
(2) The power of the arbitrator to apportion compensa- betterment
tion under the foregoing provision and to apportion any charges,
part of the compensation to be paid for the demoltion of
an obstructive building amongst other buildings under sub-
section (8) of the said section thirty-eight may be exercised
in cases where the amount to be paid for compensation has
been settled, otherwise than by arbitration under the
principal Act, by an arbitrator appointed for the special
purpose, on the application of the local authority, by the
Local Government Board, and the provisions of that Act
shall apply as if the arbitrator so appointed had been ap-
pointed as arbitrator to settle the amount to be paid for
compensation.
29 — For removing doubts it is hereby declared that a Expiana-
local authority may tender evidence before an arbitrator Jettons 21
to prove the facts under the headings (first) (secondly) ||j JJ^JJ-
(thirdly) mentioned in subsection (2) of section twenty-one principal
and subsection (3) of section forty-one of the principal Act-
Act, notwithstanding that the local authority have not
taken any steps with a view to remedying the defects or
evils disclosed by the evidence.
Amendments with respect to Financial Matters.
30 — No deficiency in the Dwelling-house Improvement Amend-
Fund shall be supplied under subsection (2) of section appiica-
twenty-four of the principal Act out of borrowed money {JJJmey
unless the deficiency arises in respect of money required borrowed
for purposes to which borrowed money is, in the opinion fng-house'
of the Local Government Board, properly applicable. Sent0™"
Fund.
31 — (1) The expenses incurred by a rural district council Expenses
after the passing of this Act in the execution of Part III. district?
of the principal Act shall be defrayed as general expenses council
of the council in the execution of the Public Health Acts,
384 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 31- except so far as the Local Government Board on the
under Part application of the council declare that any such expenses
principal6 are to be levied as special expenses charged on specified
Act- contributory places, or as general expenses charged on
specified contributory places, in the district, in such pro-
portions as the district council may determine, to the
exclusion of other parts of the district, and a rural district
council may borrow for the purposes of Part III. of the
principal Act in like manner and subject to the like condi-
tions as for the purpose of defraying the above-mentioned
general or special expenses.
(2) The district council shall give notice- to the overseers
of any contributory place proposed to be charged of any
apportionment made by them under this section, and
the overseers, if aggrieved by the apportionment, may
appeal to the Local Government Board by giving notice of
appeal to the Board within twenty-one days after notice has
been so given of the apportionment.
Appiica- 32 — Where any land vested in a local authority for the
proceeds of PurP°ses of Part III. of the principal Act is sold under
land sold section sixty of that Act (which relates to the sale and
ra. of the exchange of lands), the proceeds may be applied not only
Actncipal as Provided by that section, but also for any purpose,
including repayment of borrowed money, for which capital
money may be applied, and which is approved by the
Local Government Board.
Mode in 33 — Any payment or contribution agreed or ordered to
tr?buWons" ^e ma<^e un<^er subsection (6) or (7) of section forty-six of
by London the principal Act, as amended by section fourteen of the
councils to Housing of the Working Classes Act, 1903 (which relate
the county to payments or contributions by borough councils towards
vice versa the expenses of the county council or by the county council
madebe towards the expenses of borough councils in London), may
be made either by means of the payment of a lump sum or
by means of an annual payment of such amount and for
such number of years as may be agreed upon or ordered.
Exemption 34 — Section one hundred and thirty-three of the Lands
sectfon 133 ^v Clauses Consolidation Act, 1845 (relating to Land Tax
of8&9 and poor rate), shall not apply in the case of any lands of
Viet., c. 18. ** J J
HOUSING, TOWN PLANNING, &c., ACT, 1909. 385
which a local authority becomes possessed by virtue of Sec. 34.
the Housing Acts.
35 — (1) The assessment to Inhabited House Duty of Exemption
any house occupied for the sole purpose of letting lodgin
to persons of the working classes, at a charge of not exceed-
ing sixpence a night for each person, shall be discharged irom
by the Commissioners acting in the execution of the Acts
relating to the Inhabited House Duties, upon the produc- Duty,
tion of a certificate to the effect that the house is solely
constructed and used to afford suitable accommodation for
the lodgers, and that due provision is made for their
sanitary requirements.
(2) The provisions of subsection (2) of section twenty-
six of the Customs and Inland Eevenue Act, 1890, in 53 & 54
relation to the certificate mentioned therein, shall, so far Vlct>' Ct 8*
as applicable, apply to the certificate to be produced under
this section.
General Amendments.
36 — Any person authorised in writing stating the par- power of
ticular purpose or purposes for which the entry is author-
ised, by the local authority or the Local Government
Board, may at all reasonable times, on giving twenty-four
hours' notice to the occupier and to the owner, if the
owner is known, of his intention, enter any house, premises,
or buildings —
(a) for the purpose of survey or valuation, in the case
of houses, premises, or buildings which the local
authority are authorised to purchase compulsorily
under the Housing Acts ; and
(6) for the purpose of survey and examination, in the
case of any dwelling-house in respect of which a
closing order or an order for demolition has been
made ; or
(c) for the purpose of survey and examination, where it
appears to the authority or Board that survey or
examination is necessary in order to determine
whether any powers under the Housing Acts should
be exercised in respect of any house, premises, or
building.
2$
386 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 36. Notice may be given to the occupier for the purposes of
this section by leaving a notice addressed to the occupier,
without name or further description, at the house, build-
ings, or premises.
Power of 37 — If it appears to the Local Government Board that
ernmen?7" owing to density of population, or any other reason, it is
obtain a° expedient to inquire into the circumstances of any area
report with a view to determining whether any powers under the
crowded Housing Acts should be put into force in that area or not,
area. the Local Government Board may require the local
authority to make a report to them containing such par-
ticulars as to the population of the district and other
matters as they direct, and the local authority shall comply
with the requirement of the Local Government Board, and
any expenses incurred by them in so doing shall be paid
as expenses incurred in the execution of such Part of the
principal Act as the Local Government Board determine.
Joint 38 — Where, upon an application made by one of the
focal au-y l°cal authorities concerned, the Local Government Board
thorities. are satisfied that it is expedient that any local authorities
should act jointly for any purposes of the Housing Acts,
either generally or in any special case, the Board may by
order make provision for the purpose, and any provisions
so made shall have the same effect as if they were con-
tained in a provisional order made under section two
hundred and seventy-nine of the Public Health Act, 1875,
for the formation of a united district.
Loca?Gotv- 39— (1) The procedure on any appeal under this Part
ernment** °^ this Act, including costs, to the Local Government
Board. Board shall be such as the Board may by rules determine,
and on any such appeal the Board may make such order
in the matter as they think equitable, and any order so
made shall be binding and conclusive on all parties, and,
where the appeal is against any notice, order, or apportion-
ment given or made by the local authority, the notice,
order, or apportionment may be confirmed, varied, or
quashed, as the Board think just.
Provided that —
(a) the Local Government Board may at any stage of
HOUSING, TOWN PLANNING, &c., ACT, 1909. 387
the proceedings on appeal, and shall, if so directed Sec. 39.
by the High Court, state in the form of a special
case for the opinion of the court any question of
law arising in the course of the appeal ; and
(b) the rules shall provide that the Local Government
Board shall not dismiss any appeal without having
first held a public local inquiry.
(2) Any notice, order, or apportionment as respects
which an appeal to the Local Government Board is given
under this Part of this Act shall not become operative,
until either the time within which an appeal can be made
under this Part of this Act has elapsed without an appeal
being made, or, in case an appeal is made, the appeal is
determined or abandoned, and no work shall be done or
proceedings taken under any such notice, order, or appor-
tionment, until it becomes operative.
(3) The Local Government Board may, before consider-
ing any appeal which may be made to them under this
Part of this Act, require the appellant to deposit such sum
to cover the costs of the appeal as may be fixed by the
rules made by them with reference to appeals.
40— Notwithstanding anything contained in the principal sale and
Act it shall not be obligatory upon a local authority to
sell and dispose of any lands or dwellings acquired or
constructed by them for any of the purposes of the Hous-
ing Acts.
41 — (1) The Local Government Board may by order power to
prescribe the form of any notice, advertisement, or other prescribe
T •* . -. forms and
document, to be used in connection with the powers and to dispense
duties of a local authority or of the Board under the Tdvertise-
Housing Acts, and the forms so prescribed, or forms asmentsand
near thereto as circumstances admit, shall be used in all
cases to which those forms are applicable.
(2) The Local Government Board may dispense with
the publication of advertisements or the service of notices
required to be published or served by a local authority
under the Housing Acts, if they are satisfied that there is
reasonable cause for dispensing with the publication or
service.
(3) Any such dispensation may be given by the Local
388 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 41« Government Board either before or after the time at
• which the advertisement is required to be published or the
notice is required to be served, and either unconditionally
or upon such conditions as to the publication of other
advertisements or the service of other notices or otherwise
as the Board think fit, due care being taken by the Board
to prevent the interests of any person being prejudiced by
the dispensation.
42 — Where under the Housing Acts, any scheme or
order or any draft scheme or order is to be published in
the " London Gazette, "or notice of any such scheme or order
or draft scheme or order is to be given in the " London
Gazette," it shall be sufficient in lieu of such publication or
notice to insert a notice giving short particulars of the
scheme, order, or draft, • and stating where copies thereof
can b) inspected or obtained in two local newspapers
circulating in the area affected by the scheme, order, or
draft, or to give notice thereof in such other manner as the
Local Government Board determine.
Provision
as to
publica-
tion in
" London
Gazette".
Prohibi-
tion of
back-to-
back
houses.
43 — Notwithstanding anything in any local Act or by-
law in force in any borough or district, it shall not be
lawful to erect any back-to-back houses intended to be
used as dwellings for the working classes, and any such
house commenced to be erected after the passing of this
Act shall be deemed to be unfit for human habitation for
the purposes of the provisions of the Housing Acts.
Provided that nothing in this section —
(a) shall prevent the erection or use of a house contain-
ing several tenements in which the tenements are
placed back-to-back, if the medical officer of health
for the district certifies that the several tenements
are so constructed and arranged as to secure
effective ventilation of all habitable rooms in every
tenement ; or
(b) shall apply to houses abutting on any streets the
plans whereof have been approved by the local
authority before the first day of May nineteen
hundred and nine, in any borough or district in
which, at the passing of this Act, any local Act or
by-laws are in force permitting the erection of back-
to-back houses.
HOUSING, TOWN PLANNING, &c., ACT, 1900. 389
44 — If the Local Government Board are satisfied, by Power to
local inquiry or otherwise, that the erection of dwellings JjJS^eSi^"
for the working classes within any borough, or urban or Board to
,-,....9 i i • j j • F revoke un-
rural district, is unreasonably impeded in consequence 01 reasonable
any by-laws with respect to new streets or buildings in by-laws-
force therein, the Board may require the local authority
to revoke such by-laws or to make such new by-laws
as the Board may consider necessary for the removal of
the impediment. If the local authority do not within
three months after such requisition comply therewith, the
Board may themselves revoke such by-laws, and make
such new by-laws as they may consider necessary for the
removal of the impediment, and such new by-laws shall
have effect as if they had been duly made by the local
authority and confirmed by the Board.
45 — Nothing in the Housing Acts shall authorise the savingjof
acquisition for the purposes of those Acts of any land^fe°ft
which is the site of an ancient monument or other object monu-
of archaeological interest, or the compulsory acquisition for &ce Sf
the purposes of Part III. of the Housing of the Working y-^5^ 70
Classes Act, 1890, of any land which is the property of
any local authority or has been acquired by any corpora-
tion or company for the purposes of a railway, dock, canal,
water, or other public undertaking, or which at the date
of the order forms part of any park, garden, or pleasure
ground, or is otherwise required for the amenity or con-
venience of any dwelling-house.
46 — The amendments specified in the second column of Minor
the Second Schedule to this Act, which relate to minor ^®n^of
details, shall be made in the provisions of the Housing Housing
Acts specified in the first column of that Schedule, and c B'
section sixty-three of the principal Act (which relates to
the disqualification of tenants of lodging-houses on receiv-
ing poor relief) shall be repealed.
Definitions.
47 — (1) Any provisions of this Act which supersede or Provisions
amend any provisions of the principal Act shall be deemed
to be part of that Part of the principal Act in which the deemed to
provisions superseded or amended are contained.
390 HOUSING, TOWN PLANNING, Ac., ACT, 1909.
Sec. 47. (2) Any reference in the Housing Acts to a closing
the appro- order or to an order for the demolition of a building shall
of the prin- be construed as a reference to a closing order or an order
cipai Act. Of demolition under this Act.
Amend- 48 — The expression " street " shall, unless the context
definitions otherwise requires, have the same meaning in Part I. of
he PrinciPal Act as ti has in Part II of tnat Act> and
Act. shall include any court, alley, street, square, or row of
houses.
Amend- 49 — (1) The words " means any inhabited building
definitions and " sna11 be omitted from the definition of " dwelling-
*°* ^)U.1,p°8e house " in section twenty-nine of the principal Act.
of the (2) For the definition of owner in the same section the
principal following definition shall be substituted :—
"The expression 'owner,' in addition to the definition
given by the Lands Clauses Acts, includes all
lessees or mortgagees of any premises required to
be dealt with under this Part of this Act, except
persons holding or entitled to the rents and profits
of such premises under a lease the original term
whereof is less than twenty-one years."
5Q — For the definition of cottage in section fifty-three of
the principal Act the following definition shall be sub-
stituted : —
The expression " cottage " in this Part of this Act may
include a garden of not more than one acre.
Definition^ 5^ — Jn this Part of this Act the expression " Housing
Acts. Acts " means the principal Act, and any Act amending
that Act, including this Act.
Application of Part I. to Scotland.
Extension 52 — Subject as hereinafter provided, the Housing of the
Vic6t3,&c659 Working Classes Act, 1900, and the Housing of the
and3gEdw. Working Classes Act, 1903, shall as amended by this Act
Scotland0 apply to Scotland.
HOUSING, TOWN PLANNING, &c., ACT, 1909. 391
53 — In addition to the provisions of the principal Act Appiica-
respecting the application of that Act to Scotland, the Housing
following provisions shall have effect in the application of Acts to
i.u TT • A ± n J.T j Scotland.
the Housing Acts to Scotland : —
(1) The Local Government Board for Scotland (herein-
after in this section 'referred to as the Board) shall,
except as otherwise provided, be substituted for the
Local Government Board, and shall also in Part
III. of the principal Act as amended and in section
five of the Housing of the Working Classes Act,
1900, be substituted for the county council :
(2) The Lord Advocate shall be substituted for the
Attorney-General :
(3) The expression "Public Health Acts'' means theeo&ei
Public Health (Scotland) Act, 1897, and any Actvict"°'3
amending the same. ^References to the Public
Health Act, 1875, shall, unless the context other-
wise requires, be construed as references to the
Public Health (Scotland) Act, 1897, a reference to
an order under section eighty-three of the Public
Health (Scotland) Act, 1897, shall be substituted
for a reference to a provisional order under section
two hundred and seventy-nine of the Public Health
Act, 1875, and a reference to section seventy-two of
the Public Health (Scotland) Act, 1897, shall be
substituted for a reference to section ninety of the
Public Health Act 1875 :
(4) The reference in section fifty-seven of the principal
Act to sections of the Public Health Act, 1875,
relating to the purchase of lands, shall be construed
as a reference to the corresponding sections of the
Public Health (Scotland) Act, 1897 : Provided that
for the purposes of Part III. of the principal Act
the procedure under section two of this Act for the
compulsory purchase of land shall be substituted
for the procedure for the compulsory purchase of
land under section one hundred and forty-five of the
Public Health (Scotland) Act, 1897 :
(5) The district and the local authority for the purposes
of the Public Health (Scotland) Act, 1897, shall
respectively be the district and the local authority,
and the public health general assessment shall be
392 HOUSING, TOWN PLANNING, Ac., ACT, 1909.
Sec. 53. the local rate, for the purposes of the Housing Acts ;
provided that such local rate shall not be reckoned
in any calculation as to the statutory limit of the
public health general assessment ; and provided
further that a local authority not being a town
council may, where so authorised by the Board in
terms of the Housing Acts, assess and levy such
local rate upon all lands and heritages within one
or more of the parishes or special districts com-
prised in their district, to the exclusion of other
parishes or special districts within the district :
(6) A local authority may, with the consent of the
Board, borrow money for the purposes authorised
in the Housing Acts on the security of the local
rate in the same manner, and subject to the same
conditions as nearly as may be, as they may borrow
for the provision of permanent hospitals under the
Public Health (Scotland) Act, 1897 ; provided that
all money so borrowed shall, notwithstanding the
terms of section one hundred and forty-one of the
said Act, be wholly repaid together with the accru-
ing interest within such period not exceeding eighty
years from the date of the loan as the Board may
determine in each case :
(7) The expressions "urban sanitary authority" and
"rural sanitary authority" or "rural district
council " mean respectively the local authority (for
the purposes of the Public Health (Scotland) Act,
1897) of a burgh and of a district not being a
burgh, and the expressions " urban district " and
"rural district " shall be construed accordingly :
(8) The Acts relating to nuisances mean as respects
60&61 any place the Public Health (Scotland) Act,
S&'ss'38' 1897' and the Local Government (Scotland) Act,
vict., c.. 50 1889, and any act amending the same or either
of them, and any local Act which contains any
provisions with respect to nuisances in that
place :
(9) Except so far as inconsistent with the provisions of
subsection (1) of section eighty-five of the principal
Act, sections seven, eight, nine, and ten of the
Public Health (Scotland) Act, 1897, shall apply for
SOtfSING, TOWN PLANNING, &c., ACT, 1909. 393
the purpose of local inquiries ordered by the See. 53.
Board under the Housing Acts :
(10) Section one, subsection (1) of section four, and
section ten of the Housing of the Working Classes
Act, 1903, shall not apply. In the last -mentioned
Act sections three and twelve shall apply with the
substitution of the date of the passing of this Act for
the date of the passing of that Act, and the Schedule
shall apply with the modifications specified in the
Third Schedule to this Act :
(11) Where a complaint is made to the Board —
(a) as respects the district of a local authority
not being a town council, by the county council,
or by the parish council or landward committee
of any parish comprised in the district, or by
any four inhabitant householders of the district ;
or
(b) as respects any other district by any four
inhabitant householders of the district ;
that the local authority have failed to exercise their
powers under Part II. or Part III. of the principal
Act in cases where those powers ought to have
been exercised, the Board may cause a public local
inquiry to be held, and if, after holding such an in-
quiry, the Board are satisfied that there has been . .
such a failure on the part of the local authority, it
shall be lawful for the Board, with the approval of
the Lord Advocate, to apply by summary petition
to either Division of the Court of Session, or during
vacation or recess to the Lord Ordinary on the Bills,
which Division or Lord Ordinary are hereby
authorised and directed to do therein and to dis-
pose of the expenses of the proceedings as to the
said Division or Lord Ordinary shall appear to be
just. Section ten of this Act shall not apply :
(12) Where it appears to the Board that a local authority
have failed to perform their duty under the Hous-
ing Acts of carrying out an improvement scheme
under Part I. of the principal Act, or have failed to
make, or if made, to give effect to, any order as re-
spects an obstructive building, or any reconstruc-
tion scheme, under Part II. of that Act, or have
394 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 53. failed to cause to be made the inspection of their
district required by this Act, it shall be lawful for
the Board to apply by summary petition to either
Division of the Court of Session, or during vacation
or recess to the Lord Ordinary on the Bills, which
Division or Lord Ordinary are hereby authorised
and directed as in the immediately preceding sub-
section. Section eleven of this Act shall not apply :
(13) Section twelve and section thirteen of this Act shall
not apply :
(14) Sections fifteen, seventeen, eighteen, and thirty-
nine of this Act shall apply with the substitution
(except as regards the making of or consenting to
regulations) of the sheriff for the Local Government
Board and of the Court of Session for the High
Court ; provided that the reference to a public local
inquiry shall not apply, and provided further that
where an appeal is competent under any of these
sections, an appeal shall not be competent under
section thirty-five of the principal Act, and provided
also that the power to make rules under section
thirty-nine of this Act shall be exercised by the
Court of Session by act of sederunt. Section one
60&61 hundred and forty-six of the Public Health (Scot-
land) Act, 1897 (prescribing the procedure if a local
authority neglect its duty), shall have effect as if
the duties imposed upon a local authority by sections
seventeen and eighteen of this Act were duties
imposed by that Act :
(15) In the application to Scotland of section fourteen
of this Act the limit of rent shall be sixteen pounds :
(16) Eeferences to special expenses shall not apply :
(17) " Overseers " means parish council, " paid into
court " means "paid into bank," "as a civil debt
in manner provided by the Summary Jurisdiction
Acts " means in a summary manner.
PAET II.
TOWN PLANNING.
54 — (1) A town planning scheme may be made in accord-
ance with the provisions of this Part of this Act as respects
SOUSING, -TOWN PLANNING, AC., ACT, 1909. 395
any land which is in course of development or appears likely Sec. 54,
to be used for building purposes, with the general object ^epa£a-
of securing proper sanitary conditions, amenity, and con- approval
venience in connection with the laying out and use of the °{l[jJ5£
land, and of any neighbouring lands. scheme.
(2) The Local Government Board may authorise a local
authority within the meaning of this Part of this Act to
prepare such a town planning scheme with reference to
any land within or in the neighbourhood of their area, if
the authority satisfy the Board that there is a primd facie
case for making such a scheme, or may authorise a local
authority to adopt with or without any modifications, any
such scheme proposed by all or any of the owners of any
land with respect to which the local authority might
themselves have been authorised to prepare a scheme.
(3) Where it is made to appear to the Local Govern-
ment Board that a piece of land already built upon, or a
piece of land not likely to be used for building purposes, is
so situated with respect to any land likely to be used for
building purposes that it ought to be included in any town
planning scheme made with respect to the last-mentioned
land, the Board may authorise the preparation or adoption
of a scheme including such piece of land as aforesaid, and
providing for the demolition or alteration of any buildings
thereon so far as may be necessary for carrying the scheme
into effect.
(4) A town planning scheme prepared or adopted by a
local authority shall not have effect, unless it is approved
by order of the Local Government Board, and the Board
may refuse to approve any scheme except with such modi-
fication and subject to such conditions as they think fit to
impose.
Provided that, before a town planning scheme is approved
by the Local Government Board, notice of their intention
to do so shall be published in the " London or Edinburgh
Gazette," as the case may be, and, if within twenty-one
days from the date of such publication any person or
authority interested objects in the prescribed manner, the
draft of the order shall be laid before each House of Parlia-
ment for a period of not less than thirty days during the
session of Parliament, and, if either of those Houses before
the expiration of those thirty days presents an address to
§96 HOUSING, TOWN PLANNING, &c., AC*, 1309,
Sec. 54. His Majesty against the draft, or any part thereof, no
further proceedings shall be taken thereon, without pre-
judice to the making of any new draft scheme.
(5) A town planning scheme, when approved by the
Local Government Board, shall have effect as if it were
enacted in this Act.
(6) A town planning scheme may be varied or revoked
by a subsequent scheme prepared or adopted and approved
in accordance with this Part of this Act, and the Local
Government Board, on the application of the responsible
authority, or of any other person appearing to them to be
interested, may by order revoke a town planning scheme
if they think that under the special circumstances of the
case the scheme should be so revoked.
(7) The expression " land likely to be used for building
purposes " shall include any land likely to be used as, or
for the purpose of providing, open spaces, roads, streets,
parks, pleasure or recreation grounds, or for the purpose
of executing any work upon or under the land incidental
to a town planning scheme, whether in the nature of a
building work or not, and the decision of the Local Govern-
ment Board, whether land is likely to be used for building
purposes or not, shall be final.
55 — (1) The Local Government Board may prescribe a
set °* general provisions (or separate sets of general pro-
schemes, visions adapted for areas of any special character) for
carrying out the general objects of town planning schemes,
and in particular for dealing with the matters set out in
the Fourth Schedule to this Act, and the general provisions,
or set of general provisions appropriate to the area for
which a town planning scheme is made, shall take effect
as part of every scheme, except so far as provision is
made by the scheme as approved by the Board for the
variation or exclusion of any of those provisions.
(2) Special provisions shall in addition be inserted in
every town planning scheme defining in such manner as
may be prescribed by regulations under this Part of this
Act the area to which the scheme is to apply, and the
authority who are to be responsible for enforcing the
observance of the scheme, and for the execution of any
works which under the scheme or this Part of this Act
HOUSING, TOWN PLANNING, ACT, &c., 1909. 397
are to be executed by a local authority (in this Part of Sec. 55.
this Act referred to as the responsible authority), and
providing for any matters which may be dealt with by
general provisions, and otherwise supplementing, excluding,
or varying the general provisions, and also for dealing
with any special circumstances or contingencies for which
adequate provision is not made by the general provisions,
and for suspending, so far as necessary for the proper
carrying out of the scheme, any statutory enactments, by-
laws, regulations, or other provisions, under whatever
authority made which are in operation in the area included
in the scheme :
Provided that, where the scheme contains provisions
suspending any enactment contained in a public general
Act, the scheme shall not come into force unless a draft
thereof has been laid before each House of Parliament for
a period of not less than forty days during the session of
Parliament, and, if either of those Houses before the ex-
piration of those forty days presents an address to His
Majesty against the proposed suspension no further pro-
ceedings shall be taken on the draft, without prejudice to
the making of any new scheme.
(3) Where land included in a town planning scheme is
in the area of more than one local authority, or is in the
area of a local authority by whom the scheme was not
prepared, the responsible authority may be one of those
local authorities, or for certain purposes of the scheme one
local authority and for certain purposes another local
authority, or a joint body constituted specially for the
purpose by the scheme, and all necessary provisions may
be made by the scheme for constituting the joint body
and giving them the necessary powers and duties :
Provided that, except with the consent of the London
County Council, no other local authority shall, as respects
any land in the county of London, prepare or be responsible
for enforcing the observance of a town planning scheme
under this Part of this Act, or for the execution of any
works which under the scheme or this Part of this Act
are to be executed by a local authority.
56 — (1) The Local Government Board may make regu-
lations for regulating generally the procedure to be adopted
398 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 56. with respect to applications for authority to prepare or
Procedure adopt a town planning .scheme, the preparation of the
regulations , r i_, • • i • Ti_ ?K *a'j
of the scheme, obtaining the approval of the Board to a scheme
emmeS°v" so PrePare^ or adopted, and any inquiries, reports, notices,
Board. or other matters required in connection with the prepara-
tion or adoption or the approval of the scheme or pre-
liminary thereto, or in relation to the carrying out of the
scheme or enforcing the observance of the provisions
thereof.
(2) Provision shall be made by those regulations —
(a) for securing co-operation on the part of the local
authority with the owners and other persons inter-
ested in the land proposed to be included in the
scheme at every stage of the proceedings, by means
of conferences and such other means as may be
provided by the regulations ;
(6) for securing that notice of the proposal to prepare or
adopt the scheme should be given at the earliest
stage possible to any council interested in the
land; and
(c) for .dealing with the other matters mentioned in the
Fifth Schedule to this Act.
Power to 57 — (1) The responsible authority may at any time,
scheme af^er giving such notice as may be provided by a town
planning scheme and in accordance with the provisions of
the scheme —
(a) remove, pull down, or alter any building or other
work in the area included in the scheme which is
such as to contravene the scheme, or in the erection
or carrying out of which any provision of the
scheme has not been complied with ; or
(b) execute any work which it is the duty of any person
to execute under the scheme in any case where it
appears to the authority that delay in the execution
of the work would prejudice the efficient operation
of the scheme.
(2) Any expenses incurred by a responsible authority
under this section may be recovered from the persons in
default in such manner and subject to such conditions as
may be provided by the scheme.
(3) If any question arises whether any building or work
HOUSING, TOWN PLANNING, Ac., ACT, 1909. 399
contravenes a town planning scheme, or whether any pro- Sec. 57.
vision of a town planning scheme is not complied with in
the erection or carrying out of any such building or work,
that question shall be referred to the Local Government
Board, and shall, unless the parties otherwise agree, be de-
termined by the Board as arbitrators, and the decision of
the Board shall be final and conclusive and binding on all
persons.
58 — (1) Any person whose property is injuriously affected compensa-
by the making of a town planning scheme shall, if he^J™tof
makes a claim for the purpose within the time (if any) property
limited by the scheme, not being less than three months a^ected by
after the date when notice of the approval of the scheme gjeme'
is published in the manner prescribed by regulations made
by the Local Government Board, be entitled to obtain
compensation in respect thereof from the responsible au-
thority.
(2) A person shall not be entitled to obtain compensation
under this section on account of any building erected on, or
contract made or other thing done with respect to, land
included in a scheme, after the time at which the applica-
tion for authority to prepare the scheme was made, or after
such other time as the Local Government Board may fix
for the purpose.
Provided that this provision shall not apply as respects
any work done before the date of the approval of the
scheme for the purpose of finishing a building begun or of
carrying out a contract entered into before the application
was made.
(3) Where, by the making of any town planning scheme,
any property is increased in value, the responsible author-
ity, if they make a claim for the purpose within the time
(if any) limited by the scheme (not being less than three
months after the date when notice of the approval of the
scheme is first published in the manner prescribed by re-
gulations made by the Local Government Board), shall
be entitled to recover from any person whose property
is so increased in value one-half of the amount of that
increase.
(4) Any question as to whether any property is injuri-
ously affected or increased in value within the meaning of
400 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 58. this section, and as to the amount and manner of pay-
ment (whether by instalments or otherwise) of the sum
which is to be paid as compensation under this section
or which the responsible authority are entitled to recover
from a person whose property is increased in value, shall
be determined by the arbitration of a single arbitrator ap-
pointed by the Local Government Board, unless the parties
agree on some other method of determination.
(5) Any amount due under this section as compensation
to a person aggrieved from a responsible authority, or to
a responsible authority from a person whose property is
increased in value, may be recovered summarily as a civil
debt.
(6) Where a town planning scheme is revoked by an
order of the Local Government Board under this Act, any
person who has incurred expenditure for the purpose of
complying with the scheme shall be entitled to compensa-
tion in accordance with this section in so far as any such
expenditure is rendered abortive by reason of the revoca-
tion of the scheme.
Exclusion
cer ?a\n
cases.
59 — (1) Where property is alleged to be injuriously
affected by reason of any provisions contained in a town
planning scheme, no compensation shall be paid in respect
thereof if or so far as the provisions are such as would have
been enforceable if they had been contained in by-laws
made by the local authority.
(2) Property shall not be deemed to be injuriously
affected by reason of the making of any provisions inserted
in a town planning scheme, which, with a view to securing
the amenity of the area included in the scheme or any
part thereof, prescribe the space about buildings or limit
the number of buildings to be erected, or prescribe the
height or character of buildings, and which the Local
Government Board, having regard to the nature and situa-
tion of the land affected by the provisions, consider reason-
able for the purpose.
(3) Where a person is entitled to compensation under
this Part of this Act in respect of any matter or thing, and
he would be entitled to compensation in respect of the
same matter or thing under any other enactment, he shall
not be entitled to compensation in respect of that matter
HOUSING, TOWN PLANNING, &c., ACT, 1909. 401
or thing both under this Act and under that other enact- Sec. 59.
ment, and shall not be entitled to any greater compensa-
tion under this Act than he would be entitled to under the
other enactment.
60 — (1) The responsible authority may, for the purpose Acquisi-
of a town planning scheme, purchase any land comprised iocaiby
in such scheme by agreement, or be authorised to purchase authorities
any such land compulsorily in the same manner and sub- comprised
ject to the same provisions (including any provision
authorising the Local Government Board to give directions
as to the payment and application of any purchase money
or compensation) as a local authority may purchase or be
authorised to purchase land situate in an urban district for
the purposes of Part III. of the Housing of the Working
Classes Act, 1890, as amended by sections two and forty-
five of this Act.
(2) Where land included within the area of a local
authority is comprised in a town planning scheme, and
the local authority are not the responsible authority, the
local authority may purchase or be authorised to purchase
that land in the same manner as the responsible authority.
61 — (1) If the Local Government Board are satisfied on Powers of
any representation, after holding a public local inquiry, SS£1eSiOV~
that a local authority — Board in
(a) have failed to take the requisite steps for having a default of
satisfactory town planning scheme prepared and authority
approved in a case where a town planning scheme to make or
ought to be made ; or fJwnUte
(b) have failed to adopt any scheme proposed by owners panning
f i -i • i ,11 i j i scheme.
of any land in a case where the scheme ought to be
adopted ; or
(c) have unreasonably refused to consent to any modifi-
cations or conditions imposed by the Board ;
the Board may, as the case requires, order the local
authority to prepare and submit for the approval of the
Board such a town planning scheme, or to adopt the
scheme, or to consent to the modifications or conditions
so inserted :
Provided that, where the representation is that a local
authority have failed to adopt a scheme, the Local Govern-
26
402 HOUSING, TOWN PLANNING, Ac., ACT, 1909.
Sec. 61. ment Board, in lieu of making such an order as aforesaid,
may approve the proposed scheme, subject to such modfi-
cations or conditions, if any, as the Board think fit, and
thereupon the scheme shall have effect as if it had been
adopted by the local authority and approved by the Board.
(2) If the Local Government Board are satisfied on any
representation, after 'holding a local inquiry, that a respon-
sible authority have failed to enforce effectively the obser-
vance of a scheme which has been confirmed, or any
provisions thereof, or to execute any works which under
the scheme or this Part of this Act the authority is
required to execute, the Board may order that authority
to do all things necessary for enforcing the observance of
the scheme or any provisions thereof effectively, or for
executing any works which under the scheme or this Part
of this Act >the authority is required to execute.
(3) Any order under this section may be enforced by
mandamus.
Deter- g 62 — Where the Local Government Board are authorised
^Y tn^s -^art °* ^is Act or any scheme made thereunder to
determine any matter, it shall, except as otherwise ex-
pressly provided by this Part of this Act, be at their option
J0 determine the matter as arbitrators or otherwise, and,
if they elect or are required to determine the matter as
arbitrators, the provisions of the Eegulation of Eailways
Viet., c. 119. Act, 1868, respecting arbitrations by the Board of Trade,
and the enactments amending those provisions, shall apply
as if they were herein re-enacted and in terms made ap-
plicable to the Local Government Board and the deter-
mination of the matters aforesaid.
by Local
mentrn
Board.
31 & 32
inquiries
by Local
ment
Board.
Laying
before
63 — Section eighty-five of the Housing of the Working
Classes Act, 1890 (which relates to inquiries by the Local
Government Board), as amended by this Act, shall apply
£or anv pUrp0ses of tnjs Part of this Act as it applies for
the purpose of the execution of the powers and duties of
the Local Government Board under that Act.
64 — All general provisions made under this Part of this
^ct s^a^ ke laid as soon as may be before Parliament, and
the Eules Publication Act, 1893, shall apply to such pro-
HOUSING, TOWN PLANNING, <fco., ACT, 1909. 403
visions as if they were statutory rules within the meaning Sec. 64.
Of Section One Of that Act. Parlia-
ment.
55&5T
65— (1) For the purposes of this Part of this Act the vict- c- 86-
• ,, i i , i • , » ,1 -i ,. Definition
expression "local authority means the council of any Of local
borough or urban or rural -district. andex?^'
(2) Any expenses incurred by a local authority under penses.
this Part of this Act, or any scheme made thereunder,
shall be defrayed as expenses of the authority under the
Public Health Acts, and the authority may borrow, for
the purposes of this Part of this Act, or any scheme made
thereunder, in the same manner and subject to the same
provisions as they may borrow for the purposes of the
Public Health Acts.
(3) Money borrowed for the purposes of this Part of this
Act, or any scheme made thereunder, shall not be reckoned
as part of the debt of a borough or urban district for the
purposes of the limitation on borrowing under subsections
(2) and (3) of section two hundred and thirty-four of the
Public Health Act, 1875.
66 — (1) This Part of this Act shall apply to the adminis- Appiica-
trative county of London, and, as respects that county, the Condon
London County Council shall be the local authority.
(2) Any expenses incurred by the London County
Council shall be defrayed out of the general county rate,
and any money may be borrowed by the Council in the
same manner as money may be borrowed for general
county purposes.
67 — This Part of this Act shall apply to Scotland subject Appiica-
to the following modifications : — Part n to
(1) The Local Government Board for Scotland (herein- Scotland.
after referred to as the Board) shall be substituted
for the Local Government Board, and shall for
the purposes of this Part of this Act have the
same powers of local inquiry as for the purposes of
the Housing Acts as defined in Part I. of this Act.
(2) Subsection (1) and subsection (3) of the section of
this Part of this Act which relates to the definition
of local authority and expenses shall not apply.
(3) The local authority and the area of such authority
404 HOUSING, TOWN PLANNING, Ac., ACT, 1909.
Sec. 67. for the purposes of this Part of this Act shall
respectively be the local authority for the purposes
of the Housing Acts as denned in Part I. of this
Act, and the district of that authority.
(4) References to the Public Health Acts shall be con-
strued as references to the Housing Acts as defined
in Part I. of this Act.
(5) Any local rate for the purposes of this Part of this
Act (including the purposes of any loan) shall not
be reckoned in any calculation as to the statutory
limit of the Public Health General assessment.
(6) The Board shall not themselves make an order under
'section sixty-one of this Act on any authority, but
in lieu thereof it shall be lawful for the Board, after
holding a local inquiry at which the authority shall
have had an opportunity of being heard, and with
the approval of the Lord Advocate, to apply for such
an order by summary petition to either Division of
the Court of Session, or during vacation or recess
to the Lord Ordinary on the Bills, which Division
or Lord Ordinary are hereby authorised and directed
to do therein and to dispose of the expenses of the
proceedings as to the said Division or Lord Ordinary
shall appear to be just.
(7) In any proceedings under this Part of this Act the
Board shall have regard to the powers, and jurisdic-
tion of the dean of guild court in burghs.
(8) The provision respecting the Rules Publication Act,
1893, shall have effect as if section one of that Act
applied to Scotland, with the substitution of the
" Edinburgh Gazette " for the " London Gazette ".
PART III.
COUNTY MEDICAL OFFICERS, COUNTY PUBLIC
HEALTH AND HOUSING COMMITTEE, &c.
Appoint- 68 — (1) Every county council shall appoint a medical
, officer of health under section seventeen of the Local
CIU.L168, &I1Q - _ _
tenure of Government Act, 1888.
(2) The duties of a medical officer of health of a county
medical ^^ be such duties as may be prescribed by general order
HOUSING, TOWN PLANNING, &c., ACT, 1909. 405
of the Local Government Board and such other duties as Sec. 68.
may be assigned to him by the county council. a106^8'
(3) The power of county councils and district councils vict., c. 41.
under the said section to make arrangements with respect
to medical officers of health shall cease, without prejudice
to any arrangement made previously to the date of the
passing of this Act.
(4) The medical officer of health of a county shall, for
the purposes of his duties, have the same powers of entry
on premises as are conferred on a medical officer of health
of a district by or under any enactment.
(5) A medical officer of health of a county shall be re-
moveable by the county council with the consent of the
Local Government Board and not otherwise.
(6) A medical officer of health of a county shall not be
appointed for a limited period only :
Provided that the county council may, with the sanction
of the Local Government Board, make any temporary
arrangement for the performance of all or any of the duties
of the medical officer of health of the county, and any
person appointed by virtue of any such arrangement to
perform those duties or any of them shall, subject to the
terms of his appointment, have all the powers, duties, and
liabilities of the medical officer of health of the county.
(7) A medical officer of health appointed after the passing
of this Act under the said section as amended by this
section shall not engage in private practice, and shall not
hold any other public appointment without the express
written consent of the Local Government Board.
(8) An order under this section prescribing the duties
of medical officers of health of a county shall be com-
municated to the county council and shall be laid before
Parliament as soon as may be after it is made, and, if an
address is presented to His Majesty by either House of
Parliament within the next subsequent twenty-one days
on which that house has sat next after the order is laid
before it praying that the order may be annulled, His
Majesty in Council may annul the order and it shall
thenceforward be void, but without prejudice to the
validity of anything previously done thereunder.
69— (1) The clerk of a rural district council shall for-
406 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 69.
Duty of
clerk and
medical
officer of
health of
district
council to
furnish
informa-
tion to
medical
officer of
health of
county
council.
ward to the medical officer of health of the county a copy
of any representation, complaint, or information, a copy of
which it is the duty of the district council to forward
to the county council under section forty- five of the
Housing of the Working Classes Act, 1890 (which relates
to the powers of county councils).
(2) The medical officer of health of a district shall give
to the medical officer of health of the county any in-
formation which it is in his power to give, and which the
medical officer of health of the county may reasonably
require from him for the purpose of his duties prescribed
by the Local Government Board.
(3) If any dispute or difference shall arise between the
clerk or the medical officer of health of a district council
and the medical officer of health of a county council under
this section, the same shall be referred to the Local
Government Board, whose decision shall be final and
binding.
(4) If the clerk or medical officer of health of a district
council fails to comply with the provisions of this section,
he shall on information being laid by the county council,
but not otherwise, be liable on summary conviction in
respect of each offence to a fine not exceeding ten pounds.
Partin°f ^ — ^e foregoing provisions of this Part of this Act
shall not apply to Scotland or, except subsection (4) of
section sixty-eight, to the administrative county of London,
and, in the application of the said subsection to London,
the reference to a medical officer of health of a district
shall be construed as a reference to the medical officer of
health of a metropolitan borough.
Puttie 71 — (1) Every county council shall establish a public
uousingan health and housing committee, and all matters relating to
of country * tne exercise an<^ performance by the council of their powers
councils, and duties as respects public health and the housing of the
working classes (except the power of raising a rate or
borrowing money) shall stand referred to the public
health and housing committee, and the council, before
exercising any such powers, shall, unless in their opinion
the matter is urgent, receive and consider the report of the
public health and housing committee with respect to the
HOUSING, TOWN PLANNING, Ac., ACT, 1909. 407
matter in question, and the council may also delegate to Sec. 71.
the public health and housing committee, with or without
restrictions or conditions as they think ;fit, any< of » their
powers as respects public health and the housing of the
working classes, except the power of raising a rate or borrow-
ing money and except any power of resolving* that J the
powers of a district council in default should be transferred
to the council.
(2) This section shall not apply to Scotland or the
London County Council.
72 — (1) The county council may promote the forma- Formation
tion or extension of and may, subject to the provisions of JJPj^ **f°u~
this section, assist societies on a co-operative^basis, (having building
for their object or one of their objects the erection or im- 80cieties»
provement of dwellings for the working classes.
(2) The county council, with the consent of and subject
to the regulations made by the Local Government Board,
may for the purpose of assisting a society make grants or
advances to the society, or guarantee advances made to
the society, upon such terms and conditions as to rate
of interest and repayment, or otherwise, and on such
security, as the council think fit, and the making of such
grants or advances shall be a purpose for which a council
may borrow :
Provided that the regulations of the Board shall provide
that any such advance made on the security of any pro-
perty shall not exceed two-thirds of the value of that
property.
PART IV.
SUPPLEMENTAL.
73 — (1) Where any scheme or order under the Housing Provision
Acts or Part II. of this Act authorises the acquisition or "J^^g
appropriation to any other purpose of any land forming and open
part of any common, open space, or allotment, the scheme spaces>
or order, so far as it relates to the acquisition or appro-
priation of such land, shall be provisional only, and shall
not have effect unless and until it is confirmed by Parlia-
ment, except where the scheme or order provides for
408 HOUSING, TOWN PLANNING, &o., ACT, 1909.
Sec. 73. giving in exchange for such land other land, not being less
in area, certified by the Local Government Board after
consultation with the Board of Agriculture and Fisheries
to be equally advantageous to the persons, if any, entitled
to commonable or other rights and to the public.
(2) Before giving any such certificate the Board shall
give public notice of the proposed exchange, and shall
afford opportunities to all persons interested to make re-
presentations and objections in relation thereto, and shall,
if necessary, hold a local inquiry on the subject.
(3) Where any such scheme or order authorises such
an exchange, the scheme or order shall provide for vesting
the land given in exchange in the persons in whom the
common or open space was vested, subject to the same
rights, trusts, and incidents as attached to the common or
open space, and for discharging the part of the common,
open space, or allotment acquired or appropriated from all
rights, trusts, and incidents to which it was previously
subject.
(4) For the purposes of this Act the expression
" common " shall include any land subject to be enclosed
under the Inclosure Acts, 1845 to 1882, and any town or
village green ; the expression " open space " means any
land laid out as a public garden or used for the purposes
of public recreation, and any disused burial ground ; and
the expression " allotment " means any allotment set out
as a fuel allotment or a field garden allotment under an
Inclosure Act.
Provisions 74 — (1) Where any land proposed to bedncluded in any
fnne/gh-*1 scheme or order to be made under the Housing Acts or
bourhood Part II. of this Act, or any land proposed to be acquired
pafaoes1 under the Housing Acts or Part II. of this Act, is situate
or parks, within the prescribed distance from any of the royal
palaces or parks, the local authority shall, before prepar-
ing the scheme or order or acquiring the land, communi-
cate with the Commissioners of Works, and the Local
Government Board shall, before confirming the scheme or
order or authorising the acquisition of the land or the
raising of any loan for the purpose, take into consideration
any recommendations they may have received from the
Commissioners of Works with reference to the proposal,
HOUSING, TOWN PLANNING, &c., ACT, 1909. 409
(2) For the purposes- of this section " prescribed " Sec. 74.
means prescribed by regulations made by the Local
Government Board after consultation with the Commis-
sioners of Works.
75 — The enactments mentioned in the Sixth Schedule Repeal,
to this Act are hereby repealed to the extent specified in
the third column of that schedule.
76 — (1) This Act may be cited as the Housing, Town Short title
Planning, &c., Act, 1909, and Part I. of this Act shall bean
construed as one with the Housing of the Working Classes
Acts, 1890 to 1903, and that Part of this Act and those
Acts may be cited together as the Housing of the Working
Classes Acts, 1890 to 1909.
(2) This Act shall not extend to Ireland.
SCHEDULES.
FIEST SCHEDULE. Sec. 2.
PROVISIONS AS TO THE COMPULSORY ACQUISITION OF LAND
BY A LAND AUTHORITY FOR THE PURPOSES OF PART
III. OF THE HOUSING OF THE WORKING CLASSES ACT,
1890.
(1) Where a local authority propose to purchase land
compulsorily under this Act, the local authority may sub-
mit to the Board an order putting in force as respects the
land specified in the order the provisions of the Lands
Clauses Acts with respect to the purchase and taking of
land otherwise than by agreement.
(2) An order under this schedule shall be of no force un-
less and until it is confirmed by the Board, and the Board
may confirm the order either without modification or sub-
ject to such modifications as they think fit, and an order
when so confirmed shall, save as otherwise expressly pro-
vided by this schedule, become final and have effect as if
enacted in this act ; and the confirmation by the Board
shall be conclusive evidence that the requirements of this
Act have been complied with, and that the order has been
duly made and is < within the powers of this Act.
410 HOUSING, TOWN PLANNING, &c., ACT, 1909.
(3) In determining the amount of any disputed com-
pensation under any such order, no additional allowance
shall be made on account of the purchase being compulsory.
(4) The order shall be in the prescribed form, and shall
contain such provisions as the Board may prescribe for
the purpose of carrying the order into effect, and of pro-
tecting the local authority and the persons interested in
the land, and shall incorporate, subject to the necessary
adaptations, the Land Clauses Act (except section one
8&9Vict.. hundred and twenty-seven of the Lands Clauses Con-
8&89'vict solidation Act, 1845) and sections seventy-seven to eighty-
c. 20. ' five of the Railways Clauses Consolidation Act, 1845, but
subject to this modification, that any question of disputed
compensation shall be determined by a single arbitrator
appointed by the Board, who shall be deemed to be an
arbitrator within the meaning of the Lands Clauses Acts,
and the provisions of those Acts with respect to arbitra-
tion shall, subject to the provisions of this schedule, apply
accordingly.
(5) The order shall be published by the local authority
in the prescribed manner, and such notice shall be given
both in the locality in which the land is proposed to be
acquired, and to the owners, lessees, and occupiers of that
land as may be prescribed.
(6) If within the prescribed period no objection to the
order has been presented to the Board by a person inter-
ested in the land, or if every such objection has been with-
drawn, the Board shall, without further inquiry, confirm
the order, but, if such an objection has been presented
and has not been withdrawn, the Board shall forthwith
cause a public inquiry to be held in the locality in which
the land is proposed to be acquired, and the local authority
and all persons interested in the land and such other
persons as the person holding the inquiry in his discretion
thinks fit to allow shall be permitted to appear and be
heard at the inquiry.
(7) Where the land proposed to be acquired under the
order consists of or comprises land situate in London,
or a borough, or urban district, the Board shall appoint
an impartial person, not in the employment of any Govern-
ment Department, to hold the inquiry as to whether the
land proposed to be acquired is suitable for the purposes
HOUSING, TOWN PLANNING. &c., ACT, 1909. 411
for which it is sought to be acquired, and whether, having
regard to the extent or situation of the land and the pur-
poses for which it is used, the land can be acquired with-
out undue detriment to the persons interested therein
or the owners of adjoining land, and such person shall
in England have for the purpose of the inquiry all the
powers of an inspector of the Local Government Board,
and, if he reports that the land, or any part thereof, is
not suitable for the purposes for which it is sought to be
acquired, or that owing to its extent or situation or the
purpose for which it is used it cannot be acquired without
such detriment as aforesaid, or that it ought not to be
acquired except subject to the conditions specified in his
report, then, if the Local Government Board confirm the
order in respect of that land, or part thereof, or, as the
case may require, confirm it otherwise than subject to
such modifications as are required to give effect to the
specified conditions, the order shall be provisional only,
and shall not have effect unless confirmed by Parliament.
Where no part of the land is so situated as aforesaid,
before confirming the order, the Board shall consider the
report of the person who held the inquiry, and all objec-
tions made thereat.
(8) The arbitrator shall, so far as practicable, in assess-
ing compensation act on his own knowledge and experience,
but, subject as aforesaid, at any inquiry or arbitration held
under this schedule the person holding the inquiry or
arbitration shall hear, by themselves or their agents, any
authorities or parties authorised to appear, and shall hear
witnesses, but shall not, expect in such cases as the Board
otherwise direct, hear council or expert witnesses.
(9) The Board may, with the concurrence of the Lord
Chancellor, make rules fixing a scale of costs to be ap-
plicable on an arbitration under this schedule, and an
arbitrator under this schedule may, notwithstanding any-
thing in the Lands Clauses Acts, determine the amount
of costs, and shall have power to disallow as costs in the
arbitration the costs of any witness whom he considers to
have been called unnecessarily and any other costs which he
considers to have been caused or incurred unnecessarily.
(10) The remuneration of an arbitrator appointed under
this schedule shall be fixed by the Board.
412 HOUSING, TOWN PLANNING, &c., ACT, 1909.
(11) In construing for the purposes of this schedule or
any order made thereunder, any enactment incorporated
with the order, this Act together with the order shall be
deemed to be the special Act, and the local authority shall
be deemed to be the promoters of the undertaking.
(12) Where the land is glebe land or other land belong-
ing to an ecclesiastical benefice, the order shall provide
that sums agreed upon or awarded for the purchase of the
land, or to be paid by way of compensation for the damage
to be sustained by the owner by reason of severance or
other injury affecting the land, shall not be paid as directed
by the Lands Clauses Acts, but shall be paid to the
Ecclesiastical Commissioners to be applied by them as
money paid to them upon a sale, under the provisions of
the Ecclesiastical Leasing Acts, of land belonging to a
benefice.
(13) In this schedule the expression " Board " means
the Local Government Board, and the expression " pre-
scribed " means prescribed by the Board.
(14) The provisions of this schedule, except those relat-
ing to land belonging to an ecclesiastical benefice, shall
apply to Scotland, subject to the following modifications : —
(a) for the reference to section one hundred and twenty-
seven of the Lands Clauses Consolidation Act, 1845,
there shall be substituted a reference to section one
8 & 9 Viet.. hundred and twenty of the Lands Clauses Consoli-
Ct 19t dation (Scotland) Act, 1845, and for the reference
to sections seventy-seven to eighty-five of the Eail-
ways Clauses Consolidation Act, 1845, there shall
be substituted a reference to sections seventy to
s & 9 viot.. seventy-eight of the Railways Clauses Consolidation
c'33' (Scotland) Act, 1845 ;
(6) for references to an arbitrator there shall be sub-
stituted references to an arbiter ;
(c) for the references to the Lord Chancellor there shall
be substituted a reference to the Lord Advocate ;
(d) for the reference to the Local Government Board
there shall be substituted a reference to the Local
Government Board for Scotland, and for the refer-
ence to a borough or urban district there shall be
substituted a reference to a burgh.
HOUSING, TOWN PLANNING, &c., ACT, 1909.
SECOND SCHEDULE.
MINOR AMENDMENTS OF HOUSING ACTS.
413
Sec. 46-
Enactment to be
amended.
Housing of the Work-
ing Classes Act, 1890
(53 & 54 Viet., c. 70).
Section 23 -
Section 34 -
Section 35 -
Section 38 (1) (a)
Section 38 (7)
Section 39 (8)
Section 40 -
Section 85 -
Section 88 -
Section 89- -
Nature of Amendment.
After the word " displaced " the words "in
consequence of " shall be substituted for
the word " by ".
The words "the order becomes operative "
shall be substituted for the words " ser-
vice of the order ".
The words " if he is not entitled to appeal
to the Local Government Board against
the order" shall be inserted after the
word " may " where it first occurs.
The words " or impedes " shall be inserted
after the word " stops ".
The words "house or other building or
manufactory" shall be substituted for
the words " house or manufactory"
where ever they occur in that subsection.
The words " as amended by any subsequent
Act " shall be inserted after the word
"Act" where it first occurs, and the
words " to the power of the Local Govern-
ment Board to enforce that duty " shall
be inserted after the word " execution ".
After the word " displaced " the words " in
consequence of" shall be substituted for
the word "by".
The words " powers and " shall be inserted
before the word " duties ".
The words " or Part III." shall be inserted
after the words " Part II.".
After the word " Act " where it first occurs
the words " or any person authorised to
enter dwelling-houses, premises, or,
buildings in pursuance of this Act " shall
be inserted ; the words " authority or
person " shall be substituted for the
words " or authority," and the word
" he " shall be substituted for the words
" such person ".
414 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Sec. 63. THIED SCHEDULE.
MODIFICATIONS OF THE SCHEDULE TO THE HOUSING OF
THE WORKING CLASSES ACT, 1903, IN ITS APPLICA-
TION TO SCOTLAND.
In the above-mentioned schedule, as applying to Scot-
land, the expression " district within the meaning of the
Public Health (Scotland) Act, 1897," shall be substituted
for the expressions "borough/' "urban district," and
" parish " respectively ; " Local Government Board for
Scotland " shall be substituted for " Local Government
Board"; every such appropriation of lands shall be re-
corded as a real burden affecting such lands in the appro-
priate register of sasines " shall be substituted for " every
conveyance, demise, or lease of any such lands shall be
endorsed with notice of this provision " ; " subsections
one and three (with the substitution of the Local Govern-
ment Board for Scotland for the Secretary for Scotland)
of section ninety-three of the Local Government (Scotland)
Act, 1889," shall be substituted for " subsections one and
five of section eighty-seven of the Local Government Act,
1888," ; " Court of Session " shall be substituted for
" High Court " ; " order of the Court of Session on the
application of the Board " shall be substituted for " man-
damus " ; and " local authority for the purposes of the
Public Health (Scotland) Act, 1897, in whose district "
shall be substituted for " council of any administrative
county and the district council of any county district ; or
in London the council of any metropolitan borough in
which ".
FOUETH SCHEDULE.
MATTERS TO BE DEALT WITH BY GENERAL PROVISIONS
PRESCRIBED BY THE LOCAL GOVERNMENT BOARD.
Sec 55 ^' Streets, roads, and other ways, and stopping up, or
diversion of existing highways.
2. Buildings, structures, and erections.
3. Open spaces, private and public.
4. The preservation of objects of historical interest or
natural beauty.
HOUSING, TOWN PLANNING, &c., ACT, 1909. 415
5. Sewerage, drainage, and sewage disposal. Sec. 56.
6. Lighting.
7. Water supply.
8. Ancillary or consequential works.
9. Extinction or variation of private rights of way and
other easements.
10. Dealing with or disposal of land acquired by the
responsible authority or by a local authority.
11. Power of entry and inspection.
12. Power of the responsible authority to remove, alter,
or demolish any obstructive work.
13. Power of the responsible authority to make agree-
ments with owners, and of owners to make agreements
with one another.
14. Power of the responsible authority or a local au-
thority to accept any money or property for the further-
ance of the objects of any town planning scheme, and
provision for regulating the administration of any such
money or property and for the exemption of any assurance
with respect to money or property so accepted from enrol-
ment under the Mortmain and Charitable Uses Act, 1888. 51 & 52
15. Application with the necessary modifications and vict- c- 42-
adaptations of statutory enactments.
16. Carrying out and supplementing the provisions of
this Act for enforcing schemes.
17. Limitation of time for operation of scheme.
18. Co-operation of the responsible authority with the
owners of land included in the scheme or other persons
interested by means of conferences, &c.
19. Charging on the inheritance of any land the value
of which is increased by the operation of a town planning
scheme the sum required to be paid in respect of that in-
crease, and for that purpose applying, with the necessary
adaptations, the provisions of any enactments dealing with
charges for improvements of land.
FIFTH SCHEDULE.
1. Procedure anterior to and for the purpose of an ap- Sec. 56.
plication for authority to prepare or adopt a scheme : —
(a) Submission of plans and estimates ;
(b) Publication of notices.
416 HOUSING, TOWN PLANNING, &c.f ACT, 1909.
Sec. 56- 2. Procedure during, on, and after the preparation or
adoption and before the approval of the scheme : —
(a) Submission to the Local Government Board of the
proposed scheme, with plans and estimates ;
(b) Notice of submission of proposed scheme to the
Local Government Board ;
(c) Hearing of objections and representations by persons
affected, including persons representing architec-
tural or archaeological societies or otherwise in-
terested in the amenity of the proposed scheme ;
(d) Publication of notice of intention to approve scheme
and the lodging of objections thereto.
3. Procedure after the approval of the scheme : —
(a) Notice to be given of approval of scheme ;
(b) Inquiries and reports as to the beginning and the
progress and completion of works, and other action
under the scheme.
4. Duty, at any stage, of the local authority to publish
or deposit for inspection any scheme or proposed scheme,
and the plans relating thereto, and to give information to
persons affected with reference to any such scheme or pro-
posed scheme.
5. The details to be specified in plans, including, wher-
ever the circumstances so require, the restrictions on the
number of buildings which may be erected on each acre,
and the height and character of those buildings.
Sec. 75.
SIXTH SCHEDULE.
ENACTMENTS EEPEALED.
Session and
Chapter.
Short Title.
Extent of Repeal.
51 & 52 Viet.,
c. 41.
53 & 54 Viet.,
c. 70.
The Local Government
Act, 1888.
The Housing of the
Working Classes Act,
1890.
Section seventeen, from
" who shall not hold " to
end of the section.
The words " for sanitary pur-
poses " in paragraph (a) of
subsection (1) of section
six.
HOUSING, TOWN PLANNING, &c., ACT, 1909. 417
Session and
Chapter.
Short Title.
Extent of Repeal.
27
Subsection (6) of section
eight, and section nine.
Subsection (5) of section
twelve.
Subsection (2) of section
fifteen, including the pro-
viso thereto.
Sectionsseventeen, eighteen,
and nineteen.
In section twenty-five, the
words at the end of the
section "such loan shall
be repaid within such
period, not exceeding fifty
years, as may be recom-
mended by the confirming
authority ".
Sections twenty-seven and
twenty- eight.
In section twenty-nine, the
words " means any in-
habited building and " in
the definition of "dwell-
ing house ".
Sections thirty-two and
thirty-three.
In section thirty-nine, the
words " by agreement " in
subsection (4) where those
words first occur, and all
after the word " sanc-
tioned " to the end of that
subsection ; subsections
(5) and (6) ; the words " to
costs to be awarded in
certain oases by a Com-
mittee of either House of
Parliament" in subsec-
tion (8); and subsection
(9) from " Provided that "
to the end.
In subsection (3) of section
forty-seven, the words
" the time allowed under
any order for the execution
of any works or the de-
molition of a building,
or".
418 HOUSING, TOWN PLANNING, &c., ACT, 1909.
Session and
Chapter.
Short Title.
Extent of Repeal.
59 & 60 Viet.,
c. 31.
63 & 64 Viet.,
c. 59.
The Housing of the
Working Classes Act,
1890, Amendment
(Scotland) Act, 1896.
The Housing of the
Working Classes Act,
1900,
In section fifty-three, sub-
section (2).
Section fifty-four, so far as
unrepealed.
Section fifty-five, so far as it
applies to Scotland.
Section sixty-three.
Section sixty-five, from " and
(iii) " to the «nd of the
section.
In section sixty-six, the
words "or special".
Section seventy-seven.
Section eighty-three.
In section eighty-five, the
words " not exceeding
three guineas a day ".
Section ninety-two, from
"but in" to the end of
the section.
Subsection (3) except para-
graph (c), and subsection
(4) of section ninety- four.
Subsections (1), (2), (7), (8),
and (14) of section ninety-
six.
In subsection (3) of section
ninety-seven the words
" the time allowed under
any order for the execu-
tion of any works or the
demolition of a building
or".
The First Schedule, so far as
it applies to Scotland.
The Third, Fourth, and
Fifth Schedules.
Section three.
Sections two, six, and seven.
In section eight the words
"Scotland gr ",
HOUSING, TOWN PLANNING, &c., ACT, 1909. 419
Session and
Chapter.
Short Title.
Extent of Repeal.
3Edw.7,c.89.
The Housing of the
Working Classes Act,
1908.
Paragraphs (a) and (b) of
subsection (2) of section
five, sections six and eight,
in section ten the words
" in the manner provided
by subsection three of
section thirty-two of the
principal Act," and sec-
tion sixteen.
In section seventeen the
words " Scotland or ".
420
SECTION I.
BY-LAWS AND KEGULATIONS
RELATING TO BUILDINGS.
SECTION PAGE
1. London County Counoil 421-497
2. Corporation of London 498-528
421
LONDON COUNTY COUNCIL.
METROPOLIS LOCAL MANAGEMENT ACT, 1855.
BY-LAW AS TO THE FORMATION OF
NEW STREETS IN THE METROPOLIS.
By-law made by the Metropolitan Board of Works, at a
Meeting of the said Board, held at Guildhall, in the City of
London, on the 17th day of March, in the year of our Lord
1857, in and for the limits of the Metropolis, as denned by
an Act passed in the Nineteenth year of the reign of Her
present Majesty, " For the better Local Management of the
Metropolis," and submitted to and confirmed at a subsequent
meeting of the said Board, held at Guildhall aforesaid, in
and for the limits aforesaid, on the 3rd day of April, in the
year of our Lord 1857 ; and approved by the Bight Honor-
able Sir George Grey, Baronet, one of Her Majesty's
Principal Secretaries of State, pursuant 'to the said Act;
and published this 1st day of May A.D. 1857.
In pursuance of the Powers vested in the Metropolitan
Board of Works, by the Act of Parliament passed
in the Nineteenth year of the Reign of Her pre-
sent Majesty, intituled, " An Act for the better
Local Management of the -Metropolis, It is hereby
ordered by the said Board as follows, that is to
say :
1. Four weeks at the least before any New Street shall
be laid out, written Notice shall be given to the Metro-
politan Board of Works, at their Office, Spring Gardens, in
the County of Middlesex, by the person or persons intend-
422 LONDON COUNTY COUNCIL.
ing to lay out such New Street, stating the proposed level
and width thereof, and accompanied by a Plan of the
ground showing the local situation of the same.
2. Forty feet at the least shall be the width of every New
Street intended for carriage traffic; twenty feet at the
least shall be the width of every New Street intended only
for foot traffic : Provided that the said width, respectively,
shall be construed to mean the width of the carriage and
footway only, exclusive of any gardens, forecourts, open
areas, or other spaces in front of the houses or buildings
erected or intended to be erected in any street.
3. Every New Street shall, unless the Metropolitan
Board of Works otherwise consent in writing, have at the
least two entrances of the full width of such Street, and
shall be open from the ground upwards.
4. The measurement of the width of every New Street
shall be taken at a right angle to the course thereof, half
on either side from the centre or crown of the roadway, to
the external wall or front of the intended houses or build-
ings on each side thereof ; but where forecourts or other
spaces are intended to be left in front of the houses or
buildings, then the width of the Street, as already denned,
shall be measured from the centre line up to the fence,
railing, or boundary dividing or intended to divide such
forecourts, gardens, or spaces from the public way.
5. The carriageway of every New Street must curve
or fall from the centre or crown thereof at the rate of
three-eighths of an inch, at the least, for every foot of
breadth.
6. In every New Street the kerb to each footpath must
not be less than four nor more than eight inches above the
channel of the roadway, except in the case of crossings,
paved or formed, for the use of foot passengers ; and the
slope of every footpath towards the kerb must be half an
inch to every foot of width, if the footpath be unpaved, or
not less than a quarter of an inch to every foot of width,
if the footpath be paved.
7. In this By-law the word " Street " shall be inter-
preted to apply to and include any highway (except the
carriageway of any turnpike road) and any road, public
bridge (not being a county bridge), lane, footway, square,
court, alley, or passage, whether a thoroughfare or not ;
BY-LAW AS TO FORMATION OF NEW STREETS, &c. 423
and a part of any such highway, road, bridge, lane, foot-
way, square, court, alley, or passage.
8. In case of any breach of the regulations contained in
this By- Law, the offender shall be liable for each offence
to a penalty of Forty Shillings ; and in case of a continu-
ing offence to a further penalty of Twenty Shillings for
each day after notice thereof from the Metropolitan Board
of Works.
By the 40th Section of the Local Government Act,
1888, the powers of the Metropolitan Board of Works are
transferred to the London County Council, and any notice
which by the above By- Law is directed to be given to the
Board must henceforth be given to the Council, and any
consent which might have been given by the Board may
be given by the Council, and any notice which might have
been given under the said By-Law by the Board to an
offender may be given by the Council.
424
BY-LAWS AND REGULATIONS.
By-Laws made under Section 16 of the Metropolis Management
and Building Acts Amendment Act, 1878.
SECTION
1. Repeal of previous by-laws ...... 425
2. Foundations and sites of buildings .... 425, 426
3. Description and quality of the substances of walls - 426, 427
4- Duties of District Surveyors ..... 427, 428
5. Fees to be paid to District Surveyors .... 428
6- Deposit of plans and sections 428, 429
7. Penalties and dispensation ...... 429
LONDON COUNTY COUNCIL.
BY-LAWS AND REGULATIONS.
BY-LAWS MADE BY THE COUNCIL (ISra
OCTOBEE, 1891) UNDEE SEC. 16 OF THE
METEOPOLIS MANAGEMENT AND BUILD-
ING ACTS AMENDMENT ACT, 1878.
1 — The heretofore subsisting by-laws made by the Repeal of
Metropolitan Board of Works on the 3rd of October, 1879, g3S£B
and the 22nd of January, 1886, and confirmed by the
Secretary of State for the Home Department on the 6th
of October, 1879, and the 23rd of June, 1886, are hereby
repealed, and in lieu thereof the following are made : —
2 — No house, building, or other erection shall beFounda-
erected upon any site or portion of any site which shall sites8ofnd
have been filled up or covered with any material im- buildings,
pregnated or mixed with any faecal, animal, or vegetable
matter, or which shall have been filled up or covered with
dust, or slop, or other refuse, or in or upon which any
such matter or refuse shall have been deposited, unless
and until such matter or refuse shall have been properly
removed, by excavation or otherwise, from such site.
Any holes caused by such excavation must, if not used
for a basement or cellar, be filled in with hard brick or
dry rubbish, or concrete, or other suitable material to be
approved by the District Surveyor.
The site of every house or building shall be covered
with a layer of good concrete, at least six inches thick, and
smoothed on the upper surface.
The foundations of the walls of every house or building
shall be formed of a bed of good concrete, not less than
426
LONDON COUNTY COUNCIL.
Sec. 2. nine inches thick, and projecting at least four inches on
each side of the lowest course of footings of such walls.
If the site be upon a natural bed of gravel, concrete may
be omitted from the foundations of the walls, with the
approval of the District Surveyor.
The concrete must be composed of clean gravel, broken
hard brick, properly burnt ballast, or other hard material
to be approved by the District Surveyor, well mixed with
freshly burnt lime or cement in the proportions of one of
lime to six, and one of cement to eight of the other
material.
3 — The external walls of every house, building, or other
11, (
of good, hard, sound, well -burnt bricks, or
Descrip-
quaiity'of erection shall, except in the case of concrete buildings, be
the sub-
stances
of walls.
constructed
stone.
Similar bricks shall be used in the portions of party and
cross-walls below the surface or level of the ground, and
above the roof, including the chimney stacks. Cutters or
malms may be used in arches over recesses and openings
in, or for facings of, external walls.
Stone used for the construction of walls must be free
from vents, cracks, and sand-holes, and be laid on its
natural bed.
All brick and stone work shall be put together with
good mortar or good cement.
The mortar to be used must be composed of freshly
burnt lime and clean sharp sand or grit, without earthy
matter, in the proportions of one of lime to three of sand
or grit.
The cement to be used must be Portland cement, or
other cement of equal quality, to be approved by the
District Surveyor, mixed with clean sharp sand or grit in
proportions of one of cement to four of sand or grit.
Burnt ballast or- broken brick may be substituted for
sand or grit, provided such material be properly mixed
with lime in a mortar mill.
Every wall of a house or building shall have a damp
course composed of materials impervious to moisture, to
be approved by the District Surveyor, extending through-
out its whole thickness at the level of not less than six
inches below the level of the lowest floor. Every external
BY-LAWS AND REGULATIONS. 427
wall or enclosing wall of habitable rooms or their appur- Sec. 3»
tenances or cellars which abuts against the earth shall be
protected by materials impervious to moisture to the
satisfaction of the District Surveyor.
The top of every party wall and parapet wall shall be
finished with one course of hard, well-burnt bricks set
on edge in cement, or by a coping of any other waterproof
and fire-resisting material, properly secured.
Whenever concrete is used in the construction of walls,
the concrete shall be composed of Portland cement and of
clean Thames or pit ballast, or gravel, or broken brick or
stone, or furnace clinkers, with clean sand in the following
proportions, viz. one part of Portland cement, two parts of
clean sand, and three parts of the coarse material, which is
to be broken up sufficiently small to pass through a two-
inch ring.
The proportions of the materials to be strictly observed,
and to be ascertained by careful admeasurement ; and the
mixing either by machine or hand to be most carefully done
with clean water, and, if mixed by hand, the material to be
turned over dry before the water is added.
The walls to be carried up regularly and in parallel frames
of equal height, and the surface of the concrete filled in
the frame to be left rough and uneven to form a key for
the next frame of concrete.
The thicknesses of concrete walls to be equal at the least
to the thicknesses for walls to be constructed of brickwork
prescribed by the twelth section of the Metropolitan Build-
ing Act, 1855, and the first schedule referred to therein.
Now the London Building Act, 1894, First Schedule, pages 149-158.
Such portions of concrete party walls and chimney stacks
as are carried above the roofs of buildings to be rendered
externally with Portland cement.
4 — It shall be the duty of each District Surveyor, on Duties of
receiving notice of the commencement of any house, build-
ing, or other erection, or of any alteration or addition, or
on his becoming aware that any house, building, or other
erection, or any alteration or addition is being proceeded
with, to see that the provisions of the foregoing by-laws are
duly observed (except in cases where the London County
428
LONDON COUNTY COUNCIL.
Sec. 4. Council may have dispensed with the observance thereof),
and to see that the terms and conditions upon which any
dispensation may have been granted are complied with.
Pees to be 5 — The District Surveyor shall, in respect of the erection
District °^ anv house or other building, be entitled to receive the
Surveyors. sum of five shillings, the same to be taken and deemed to
be a fee >due to such District Surveyor in respect of the
duties imposed upon him by the Metropolis Management
and Building Acts Amendment Act, 1878, and these by-
laws ; such fees to be payable in the manner and at the
time prescribed by Section 51 of the Metropolitan Build-
ing Act, 1855. The District Surveyor shall also, in every
case where, in respect of any breach of these by-laws, or
of the above Act of Parliament, an application shall have
been made by him to a justice, and an order made thereon,
be in like manner entitled to receive the sum of ten
shillings in addition to the before-mentioned fee of five
shillings.
There shall be paid to the District Surveyor, in respect
of his supervision of any building constructed wholly or in
part with concrete walls, a fee one-half more in amount
than the fees to which he would be entitled under the
Metropolitan Building Act, 1855, for a new building or
addition. No additional fee is, however, to be charged in
respect of any alteration to a concrete building.
The London Building Act, 1894, Third Schedule, page 162, now
allows additional fees for certain buildings.
Deposit of 6 — On notice being given to a District Surveyor of the
sec5on?d mtended erection, re-erection, alteration of, or addition to
a public building, or a building to which Section 56 of the
Metropolitan Building Act, 1855, applies, it shall be the
duty of the person giving such notice to deposit plans and
sections of such erection, re-erection, alteration, or ad-
dition with the District Surveyor. Such plans and sec-
tions shall be of sufficient detail to show the construction.
On notice being given to the District Surveyor of the
intended erection or alteration of or addition to any house,
building, or other erection, other than a public building, or
one to which Section 56 of the Metropolitan Building Act,
BY-LAWS AND REGULATIONS. 429
1855, applies, the District Surveyor may, if he think fit so Sec. 6.
to do, by notice in writing, require the person giving such
notice to produce a plan or plans and sections of any such
house, building, or other erection, or of the intended altera-
tions or additions thereto, for his inspection.
The London Building Act, 1894, Section 145, page 112, sets forth
the notices to be given to District Surveyor.
7 — In case of any breach of any of the provisions con-
tained in these by-laws, the offender shall be liable for each
breach to a penalty not exceeding five pounds, and in each
case of a continuing offence, to a further penalty not ex-
ceeding forty shillings for each day after notice of such
offence from the London County Council or District
Surveyor.
In any case in which the Council think it expedient
they may dispense with the observance of any of the fore-
going by-laws, or any part thereof, upon such terms and
conditions as they may think proper, and in case of the
non-observance of any terms and conditions upon which
the Council may have dispensed with the observance of
any of the foregoing by-laws, then such proceedings may
be taken, and such liabilities shall be incurred, as if the
same had been enacted by such by-laws.
The Seal of the London County Council
was hereto affixed on the 13th day of (L. S.)
October, 1891.
H. DK LA HOOKE,
Clerk of Council.
I hereby confirm the foregoing by-laws.
HENRY MATTHEWS,
One of Her Majesty's principal Secretaries of State.
WHITEHALL, 19th October, 1891.
430
BY-LAWS UNDER SEC. 31 OF THE
LONDON COUNCIL (GENERAL
POWERS) ACT, 1890.
SECTION PAGE
1. Description and quality of the substances of which
plastering to be made 431
2. As to the mode in which and the materials with which
any excavation outside the site of a building is to be
filled up 431,432
3. Duties of District Surveyors - - - 432
4. Fees to be paid to District Surveyors - - - 432
5. Penalties 432
431
LONDON COUNTY COUNCIL.
BY-LAWS MADE BY THE COUNCIL (ISra OCTO-
BEE, 1891) UNDEESEC. 31 OF THE LONDON
COUNCIL (GENEEAL POWEES) ACT, 1890.
1 — All laths used for plastering shall be sound laths Descrip-
free from sap, but iron or other incombustible laths, wire-JJJS^f
netting, or other suitable material to the satisfaction of foe sub-
the District Surveyor may be used. which80
Plastering or coarse stuff shall be composed of lime and f^oto^
sand in the proportion of one of lime to three of sand, made,
mixed with water and hair, but Portland cement, Keene's
cement, Parian cement, Martin's cement, Selenitic cement,
or other approved cement or plaster of Paris, may also be
used for plastering.
The lime to be used must be freshly burned lime.
The sand to be used must be clean, sharp sand, free
from loam or earthy matter.
The hair to be used must be good and sound, and free
from grease or dirt ; one pound of hair to be used to every
three cubic feet of coarse stuff. Fibrous material to the
satisfaction of the District Surveyor may be used instead
of hair, and ground brick or furnace slag to the satisfaction
of the District Surveyor may be used instead of sand.
The setting coat shall be composed of lime or cement
mixed with clean washed sand, or of cement only.
Clear water only is to be used in mixing the material.
The Portland cement to be used must weigh not less
than ninety pounds to the imperial bushel.
Fibrous slab or other slab plastering of sufficient thick-
ness, and securely fixed, may be used on ceilings, parti-
tions, and wall to the satisfaction of the District Surveyor.
2 — Any excavation made within a line drawn outside As to the
the site of a house, building, or other erection, and at a™^"1
uniform distance therefrom of three feet, shall not be^the^
filled up otherwise than with the natural soil, or with brick with which
or dry rubbish, or other suitable material to be approved ££vatfon
by the District Surveyor, not consisting of, nor impreg- outside the
432
LONDON COUNTY COUNCIL.
Sec. 2. nated or mixed with any faecal, animal, or vegetable
building is matter, or with dust or slop or other refuse, and shall be
mied up. properly rammed.
Duties of 3 — It shall be the duty of each District Surveyor on
surveyors receiymg notice of the commencement of any house, build-
ing, or other erection, or on his becoming aware that any
house, building, or other erection is being proceeded with,
or that any excavation is being made within a line drawn
outside the site of a house, building, or other erection, and
within three feet therefrom, to see that the plastering is
of the description and quality prescribed by, and that any
excavation be filled up with the material and in the
manner specified in the foregoing by-laws.
Fees to be 4 — There shall be paid to the District Surveyor in
District resPect of h*8 supervision of the plastering of any house,
Surveyors, building, or other erection, and in respect of the filling
in of any excavation made outside the site of any house,
building, or other erection, and within a distance of three
feet therefrom, an inclusive fee of five shillings, such fee
to be payable in the manner and at the time specified in
Section 51 of the Metropolitan Building Act, 1855.
Now the London Building Act, 1894, Section 157, pages 118, 119.
Penalties. 5 — In case of any breach of the provisions contained
in these by-laws, the offender shall be liable for each
offence to a penalty not exceeding five pounds, and, in each
case of a continuing offence, to a further penalty not exceed-
ing forty shillings for each day after notice of such offence
from the London County Council or the District Surveyor.
The Seal of the London County Council
was hereto affixed on the 13th day of (L. S.)
October, 1891.
H. DB LA HOOKB,
Clerk of the Council.
I hereby confirm the foregoing by-laws.
HENRY MATTHEWS.
One of Her Majesty's principal Secretaries of State
WHITEHALL, 19th October, 1891.
433
EEGULATIONS WITH EEGABD TO
APPLICATIONS.
Regulations with regard to Applications under the London Building
Act, 1894 ; the London Building Act, 1894 (Amendment) Act,
1898 ; Part III. of the London County Council (General Powers)
Act, 1908 ; and Part IV. of the London County Council (General
Powers) Act, 1909.
SECTION PAGE
1. General 434,435
2. Plans, sections, and particulars required in each case - 435
(a) Formation and laying out new streets — adapta-
tion of ways for streets and widening of streets,
etc. 435,436
(b) Buildings within the prescribed distance, and
buildings in advance of the general line of build-
ings, etc. 436
(c) Open spaces at the rear of the domestic buildings,
sec. 41 ; and open spaces about working-class dwell-
ings not abutting upon a street 437
(d) Deviations from certified plans of domestic build-
ings previously existing on old sites - - - 437
(e) Laying out new streets on a cleared area - 437, 438
(/) Height of buildings 438
(g) Recesses and openings in external walls and recesses
in party walls 438
(h) Timber in external walls 438
(i) Projections 439
(j) Special and temporary buildings and structures 439, 440
(k) Buildings for the supply of electricity - - - 440
(I) Alterations to buildings and conversion of buildings 440
(m) Additional cubical extent 440
(n) Uniting of buildings and the retention of openings
in party or external walls separating buildings 440, 441
(o) Doors, sliding doors, and shutters to openings in
party, division or external walls and large openings
in party division or external walls - - 441
(p) Buildings of iron and steel skeleton construction.
Casing of pillars and girders, girder^ separators,
etc. 441,442
3. Naming of streets and numbering of houses — Part IV.
of the Act of 1894 442-444
4. Dwelling-houses on low-lying lands — Part XI. of the
Act of 1894 444-446
Regulations^ with regard to Applications and Consents under the
London Building Acts, 1894 and 1898 ; procedure under Part
IX. of the^ Act of 1894 ; and the appointment of, and fees pay-
able to District Surveyors.
5. 6- Conditions upon which applications. may be granted 446-449
28
434
LONDON COUNTY COUNCIL.
EEGULATIONS WITH REGARD TO
APPLICATIONS.
Regulations with regard to applications under the London
Building Act, 1894 ; the London Building Act, 1894
(Amendment) Act, 1898; Part III. of the London
County Council (General Powers) Act, 1908 ; and
Part IV. of the London County Council (General
Powers) Act, 1909.
The attention of applicants is specially directed to the
provision of Section 194 of the London Building Act, 1894,
whereby all applications, plans, and other documents
delivered at the office of the Council, on delivery there
become the property of the Council.
GENERAL.
1 — (a) Applications except under Part XI. of the Act of
1894, as to which see Regulation No. 4, must be
addressed to the superintending architect, County
Hall, Spring Gardens, S.W., and must state under
which section or sections of the Acts they are made,
and must be accompanied by the drawings and
particulars required in each case.
(b) Applications must be made in writing on paper of
foolscap size on one side only of the paper, and all
drawings (including plans, sections, and elevations)
must be on the unglazed side of tracing linen of
sufficient size to permit of the approval of the
Council being endorsed thereon. Indelible prints
of drawings on white linen may be submitted in
lieu of tracings.
REGULATIONS WITH REGARD TO APPLICATIONS. 435
(c) The scale to which drawings are made must be
drawn thereon and also expressed in words ; the
north point must be indicated on all plans.
(d) The site must be coloured pink, the proposed
building red, existing buildings grey, and any land
to be dedicated and left open for the use of the
the public blue.
(e) The full names and addresses of the persons on
whose behalf applications are made and the extent
and character of their interests in the property,
must be stated. It must also be stated whether
any portion of the sites on which the buildings are
proposed to be erected forms part of a disused
burial ground, and whether the property is freehold,
leasehold, or copyhold. Particulars must be fur-
nished as to the nature of applications, the situation
of the streets, buildings, or structures, and the pur-
poses for which such buildings are required.
(/) All drawings must be in duplicate.
PLANS, SECTIONS, AND PARTICULARS REQUIRED
IN EACH CASE.
2 — (a) Formation and laying out of new streets— Adapta-
tion of ways for streets and widening of streets (see
also Begulation No. 3), etc., sees. 7 and 10 of the Act
of 1894.
A key plan of the locality showing the surrounding
property.
Plans to a scale of 1 inch to 88 feet, accompanied by
longitudinal sections to the same horizontal scale, but to
a vertical scale of 1 inch to 11 feet, showing the natural
and intended surface levels of the streets (computed from
ordnance or some other fixed datum), and by cross-sections
to a scale of 1 inch to 22 feet.
The width of the new street to be figured on the
plans.
Each street to be marked on the plans with a number,
and referred to in the application as street No. 1, street
No. 2, etc. In the event of an application being sanctioned,
two additional copies of the plans and sections will be
436 LONDON COUNTY COUNCIL.
required, and the proposed name of each street, identified
by reference to the number of the street on the plans,
must be submitted in accordance with section 32 of the
Act of 1894. (For regulations as to street naming, see
pages 442-444.)
Applications for sanction to the formation or laying out
of streets, or for the adaptation of ways as streets, are to
be accompanied by correct and sufficient particulars in
writing (which must be verified by production of title
deeds should the Council so require), showing how the
persons on whose behalf applications are made have ac-
quired such control over the land forming the sites of the
proposed streets shown on the plans accompanying the
applications, as may be requisite to enable them to form
or lay out such streets, or to adapt such ways as the case
may be. Such particulars to include the dates of, and the
names and addresses of the parties to, the documents under
which such control was secured.
(b) Buildings within the prescribed distance, and build-
ings in advance of the general line of buildings, etc.,
sees. 13, 17, and 22 of the Act of 1894, and sees. 3 and
4 of the Act of 1898.
Plans to a scale of 1 inch to 22 feet, showing the situa-
tion of the building in relation to others adjacent to a
sufficient extent to show the frontage of the street on both
sides of the site. The height of the proposed building, its
precise distance from the centre of the roadway and the
width of the street to be figured.
The names and addresses of the owners and occupiers of
the nearest building on each side of the proposed building
to be stated.
In the event of an application being approved, an ad-
ditional copy of the drawings will be required.
In the case of an application under section 13 (5), the
extent and height of the old buildings on the site to be
shown to the same scale and a copy of the plans certified
by the District Surveyor, together with the originals, should
be forwarded. The original certified plans will be returned
after being compared with the copy.
REGULATIONS WITH REGARD TO APPLICATIONS. 437
(c) Open space at the rear of domestic buildings, sec.
41 ; and open space about working-class dwellings
not abutting upon a street, sec. 42 of the Act of 1894
and sec. 4 of the Act of 1898.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building and the adjoining premises, with the
approximate heights of any buildings included therein.
Plans and sections to a scale of 1 inch to 8 feet showing
the heights of the proposed building in its various parts.
The proposed use of each room to be indicated on the
plans. In any case where it is desired to extend a build-
ing or any part thereof above the diagonal line referred to
in section 41 of the Act of 1894, the •- diagonal line and also
the horizontal line from which it is drawn to be shown on
the drawings.
(d) Deviations from certified plans of domestic buildings
previously existing on old sites, sec. 43 of the Act
of 1894.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building and the adjoining premises, with the
approximate heights of any buildings included therein.
Plans and sections to a scale of 1 inch to 8 feet, showing
the extent and height of the previously existing buildings
certified by the District Surveyor, together with plans and
sections of the proposed building to the same scale. The
area of open space and the height of the new building to
be figured, and the proposed use of each room to be
indicated on the plans.
(e) Laying out new streets on a cleared area, sec. 44 of the
Act of 1894.
A block plan to a scale of 1 inch to 44 feet, showing
the width of all old streets on the area, and the extent
and approximate heights of all old buildings thereon.
Sections to a scale of 1 inch to 8 feet, showing the
height of the proposed buildings.
In cases in which the proposed new streets have been
sanctioned but not formed the dates of such sanctions to
be specified.
438 LONDON COUNTY COUNCIL.
In cases in which sanction has not been obtained to the
formation or laying out of the proposed new streets, ap-
plications for sanction to such streets, in accordance with
Eegulation No. 2 (a), should accompany applications under
section 44.
Applications cannot be entertained under section 44, Part
V., for modification or relaxation of any provisions con-
tained in the preceding sections of Part V., except in
respect either of existing streets or streets for the forma-
tion of which sanction has been obtained under Part II.
of the Act of 1894.
(/) Height of buildings, sees. 47 and 49 of the Act of 1894.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building and adjacent buildings, and the width
of the street.
Plans and sections to a scale of 1 inch to 8 feet, showing
the heights of the various parts of the building, and the
level of the footway (if any) immediately in front of the
centre of the face of the building, or, where there is no
such footway, the level of the ground before excavation.
(g) Eecesses and openings in external walls and recesses
in party walls, sec. 54 of the Act of 1894.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building and adjacent buildings.
Plans of the building and an elevation of the wall in
which the recesses or openings occur to a scale of 1 inch
to 8 feet. The sizes of the recesses and openings to be
figured, and the method of construction and support of the
walls, floors, and roof to be shown.
(h) Timber in external walls, sec. 55 ; and furnace chimney
shafts, sec. 65 of the Act of 1894.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building.
Plans, sections, and elevations to a scale of 1 inch to
8 feet, together with such details to a larger scale as may
be necessary to show the construction.
REGULATIONS WITH REGARD TO APPLICATIONS. 439
(i) Projections, sec. 73 of the Act of 1894.
In addition to the drawings, etc., required by Begulation
No. 2 (6), a plan, section, and side elevation to a scale of
1 inch to 8 feet. In the event of an application being
approved an additional copy of the drawings will be
required.
(j) Special and temporary buildings and structures —
Part VII. of the Act of 1894 and sees. 6 and 7 of
the Act of 1898.
A block plan to a scale of 1 inch to 22 feet, showing the
position of the proposed building or structure, and of any
adjacent buildings or structures.
Plans, sections, and elevations of the proposed building
or structure to a scale of 1 inch to 8 feet, together with
sections and details to a scale sufficiently large to show
clearly the construction. The sizes of constructional
parts, the weights per foot run and the thicknesses of iron
and steel members, and the sizes and pitch of rivets, to be
figured and indicated on the plans.
A fee of 5s. must be paid to the cashier of the Council
on deposit of an application, and in the event of an
application being approved a further fee of 5s. must be
paid and an additional copy of the drawings may be re-
quired. In no case will the approval or licence be issued
until the fees are paid.
Applications for renewal of approvals or licences for
temporary buildings or structures for further periods must
be accompanied by certificates from District Surveyors that
there has been no alteration in construction or position.
In cases where such buildings or structures have existed
for three years or more the District Surveyors' certificates
must also testify as to their stability for such further
periods as may be applied for, and must specify the nature
of any repairs that may be considered requisite.
In cases where the buildings or structures have existed
for less than three years, if an inspection be merely to
ascertain that there has been no alteration in construction
or position, and to certify that an extension of time may
be allowed, a fee of 10s. may be demanded and received
by the District Surveyor.
440 LONDON COUNTY COUNCIL.
In cases where the buildings or structures have existed
for three years or more, and a certificate with regard to
structural stability is required, a fee of 20s. may be de-
manded and received by the District Surveyor.
(k) Buildings for the supply of electricity, sec, 203 of the
Act of 1894.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building and adjacent buildings.
Plans and sections to a scale of 1 inch to 8 feet, and
details to a scale sufficiently large to show clearly the pro-
posed construction together with a copy of the calculations
of the loads and stresses to be provided for.
(I) Alterations to buildings, sec. 207 ; and conversion of
buildings, sec. 211 of the Act of 1894.
Plans and particulars in sufficient detail to show clearly
the nature of the proposed work, alteration, deviation, or
conversion, accompanied by a statement as to the pro-
visions of the Act from which relief is desired.
(m) Additional cubical extent, sec. 17 of the Act of 1908.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building and adjacent buildings.
Plans and sections to a scale of 1 inch to 8 feet, showing
the heights of the building in its various parts, such
heights to be figured ; also showing the materials and con-
struction of (i) floors, roofs, and staircases ; (ii) enclosures
to lifts, hoists, staircases, and other vertical shafts ; (iii)
windows, skylights, lantern lights, doors, and frames ; (iv)
partitions and screens enclosing rooms and shop windows ;
and (v) the proposed protection of structural iron or steel
work.
(n) Uniting of buildings and the retention of openings in
party or external walls separating buildings, sec. 18 of
the Act of 1908.
A block plan to a scale of 1 inch to 22 feet, showing the
buildings.
Plans and sections to a scale of 1 inch to 8 feet, showing
REGULATIONS WITH REGARD TO APPLICATIONS. 441
the positions of the proposed openings, or the openings
proposed to be retained, and the heights of the buildings
in their various parts ; also particulars of the construction
of (i) floors, roofs, and staircases ; and (ii) enclosures to
lifts, hoists, staircases, and other vertical shafts, and the
nature of the means of escape.
The nature of the separate occupations in the buildings
and the uses to which the various parts of the buildings
are proposed to be put to be indicated on the plans.
(o) Doors, sliding doors, and shutters to openings in party
division or external walls and large openings in party
division or external walls, sec. 18 of the Act of 1908.
A block plan to a scale of 1 inch to 22 feet, showing the
buildings.
Plans and sections to a scale of 1 inch to 8 feet, showing
the position and size of each opening, also particulars of
the construction of (i) floors, roofs, and staircases ; and
(ii) enclosures to lifts, hoists, staircases, and other vertical
shafts.
Plans, sections, and elevations of the doors, sliding doors,
and shutters to a scale of 1 inch to 1 foot, showing the con-
struction, hanging, and method of fastening and operating.
In cases where applications relate to existing buildings,
similar particulars of any existing openings in party divi-
sion or external walls, and of the doors, sliding doors, or
shutters provided thereto.
(p) Buildings of iron and steel skeleton construction.
Casing of pillars and girders, girder separators, level
of girders, thickness and construction of walls, joints
in and between pillars, coating of structural metalwork,
wind pressure, pressure on the natural ground and
proportions of brick pillars, sec. 22, subsection 34, of
the Act of 1909.
A block plan to a scale of 1 inch to 22 feet, showing the
proposed building.
Plans and sections to a scale sufficiently large to show
clearly the proposed construction or work, with a copy of
the calculations of the loads and stresses to be provided
442 LONDON COUNTY COUNCIL.
for and particulars of the materials proposed to be used,
and such other information as may be required by the
Council, together with a statement as to what requirements
of the section it is desired should be modified or waived
and the reasons for requiring such modification or waiver.
NAMING OF STREETS AND NUMBERING OF HOUSES — PART
IV. OF THE ACT OF 1894.
3 — (a) No name is to be used for a street unless with
the approval of the Council previously given, and it
should be a name consisting of one word with or
without the addition of "street," "road," or other
like term.
(6) The name should be one that is not already in use
in the county ; it should, if possible, be in some way
associated with the locality.
(c) The Council's list of streets and places in the Ad-
ministrative County of London, together with an
office list of available names, arranged under the
districts for which they are appropriate, may be
consulted by applicants.
(d) Only such thoroughfares as may be deemed to be of
sufficient length or importance may be designated
"roads".
(e) The Council will be prepared favourably to consider
the use of the terms " avenue " and " grove " con-
ditionally upon the planting and maintenance of
suitable trees in the streets in question ; other
descriptions, such as "gardens," "crescent,"
"square," etc., may be used only when the terms
seem appropriate.
(f) Applicants proposing names for large blocks of
buildings, e.g. artisans' dwellings, mansions, flats,
etc., should have regard to the rules which apply
to the naming of streets.
(g) The Council should be notified of every name in-
tended to be used as a postal address.
(h) Any person or persons setting up any name to any
street in London until the expiration of one month
after notice of the intention to set up the name
has been given to the Council, or setting up any
REGULATIONS WITH REGARD TO APPLICATIONS. 443
name objected to by the Council under section 32
of the Act of 1894, is liable to a penalty of 40s.,
with a continuing penalty of 40s. for every day on
which the offence continues after conviction.
(i) In numbering houses the rules to be observed are as
follows —
St. Paul's Cathedral is recognised as a central point ;
and the numbering of houses begins at the end
or entrance of the street nearest to that building,
except where a street leads from a main thorough-
fare to a less important street, and then the
numbering starts from the main thoroughfare.
Taking, therefore, the sides of a street as left and
right (assuming that the back is towards St.
Paul's) the odd numbers will be assigned to the
left-hand side, and the even numbers to the right-
hand side.
(Under section 36 of the Act the Council has the power
to order " that any houses or buildings in any street
or way or any part thereof shall for the purpose of
distinguishing the same be marked with such
numbers as they shall deem convenient for that
purpose ". Great inconvenience and expense in
re-numbering would frequently be saved if the
above rules were observed in the first instance.)
(j) Any person interested in property affected by any
order of the Council for re-naming streets or re-
numbering houses is permitted, on application, to
make a copy of the order and a tracing of the plan
attached thereto ; or a certified copy of the order
and plan may be furnished to him on his paying
the cost of making the same.
(k) A fee of Is. is to be charged to all persons seeking
information involving a reference to the records
with regard to orders for re-naming streets or re-
numbering houses.
(I) If a copy of an order and plan be required, there
will be a further fee of not less than Is. 6d. (see
following scale).
Scale of fees to be charged for the provision, under
section 38 of the London Building Act, 1894, of
copies of orders, with or without plans, in relation
444
LONDON COUNTY COUNCIL.
to the re-naming of streets and the re-numbering
of houses —
For a copy of an order without a plan, or with
a plan showing 3 houses ....
. 5 houses
7
9
11
13
15
20
25
For a copy of an order 26 „ 30
with a plan showing
4 or
6 „
8,,
10,,
12 „
H „
16 to
21 „
26 „
31 „
36 „
41 „
46
51
76
101
151
201
35
40
45
50
75
100
150
200
300
£ s. d.
0 1
6
0 2
0
0 2
6
0 3
0
0 3
6
0 4
0
0 4
6
0 5
0
0 5
6
0 6
0
0 6
6
0 7
0
0 7
6
0 8
0
0 10
6
0 12
6
0 15
0
0 17
6
1 0
0
(m) A more extended plan may be obtained for a larger
payment.
(n) Copies of orders and plans are to be made in the
superintending architect's department.
DWELLING-HOUSES ON LOW-LYING LANDS — PART XI. OF
THE ACT OF 1894.
4 — (a) Every person who shall be desirous of erecting
or adapting any building to be used wholly or in
part as a dwelling-house on any land in the county
of London, of which the surface is below the level
of Trinity high- water mark, and which is so situate
as not to admit of being drained by gravitation into
an existing sewer of the Council, shall first make a
written application for a licence. Such application
shall be addressed to the clerk of the Council.
REGULATIONS WITH BEGAED TO APPLICATIONS. 445
(b) Such application shall contain a statement as to the
nature and extent of the interest of the applicant
in the building or buildings proposed to be erected
or adapted, and be accompanied by a plan and
section of the lowest floor of such building or build-
ings and the curtilages thereof, to a scale of £th of
an inch to a foot, and by a block plan to a scale of
not less than ^sW (which may be on a sheet or
sheets of the Ordnance Survey, or may be drawn
on tracing linen), showing the position of such
building or buildings, and the local sewer into which
it is proposed to drain such building or buildings
and the connection of such local sewers with an
existing sewer of the Council.
(c) Such plans and sections shall be accompanied by a
description of the materials to be used in the con-
struction of such building or buildings, and shall be
coloured in accordance therewith. The points of
the compass shall "be marked on the block plan.
(d) The position and course of the drainage system pro-
posed to be adopted for the disposal of sewage and
rain water, and its connection with the local sewer
or an existing sewer of the Council, shall be clearly
shown on the plans and sections, and the diameter
and inclination of the drain pipes shall be figured
thereon.
(e) The plan and section shall also indicate in figures
the level above or below Ordnance datum at which
it is proposed to construct the floor of the lowest
rooms.
(/) The decision given by the chief engineer of the
Council upon such application shall be reported to
the Building Acts Committee, and the Committee
shall report it to the Council, and, thereupon, if it is
to the effect that the erection or adaptation may not
be permitted, the clerk of the Council shall by letter
inform the applicant that the Council, acting upon
the decision of the engineer, has refused permission.
If it is to the effect that the erection or adaptation
may be permitted, a licence under the seal of the
Council embodying the conditions of the engineer's
decision shall be issued to the applicant.
446 LONDON COUNTY COUNCIL.
(The above regulations were made by the Council on the
26th day of March, 1895, under section 123 of the
Act of 1894, and the concurrence of the Tribunal of
Appeal was duly signified thereto on the Sth day of
April, 1895.)
(g) It shall not be lawful to place the underside of the
lowest floor of any permitted building at such a
level as will render it liable to flooding, and every
permitted building shall be efficiently and properly
drained to the satisfaction of the engineer for the
time being of the Council, either into a local sewer
or into a main sewer of the Council. (This regula-
tion was made by the Council on 26th March, 1895,
under section 122 of the Act of 1894.)
REGULATIONS WITH REGARD TO APPLICATIONS AND CON-
SENTS UNDER THE LONDON BUILDING ACTS, 1894
AND 1898 ; PROCEDURE UNDER PART IX. OP THE ACT
OP 1894 ; AND THE APPOINTMENT OP, AND FEES PAY-
ABLE TO, DISTRICT SURVEYORS.
CONDITIONS UPON WHICH APPLICATIONS MAY BE GRANTED.
5 — (a) In dealing with applications made under the
London Building Act, 1894, and the amending Act
of 1898, with reference to the undermentioned
matters, the desirableness of imposing conditions
to the following effect shall be considered by the
Building Acts Committee, but this order shall not
limit any power to vary such conditions or to impose
such conditions in other matters than those men-
tioned, or to impose any other conditions in any
matter —
In the matter of the formation or laying out of pro-
posed streets —
(i.) That within from the date of this
order the proposed street hereby sanctioned shall
be clearly denned throughout by posts and rails,
or so otherwise as the Council shall permit, and
be thrown open as a public highway, free from
obstructions except such builders' materials as
REGULATIONS WITH REGARD TO APPLICATIONS. 447
the Council may, during such period as it thinks
fit, permit to be stored upon such street.
(ii.) That no building shall be commenced to be erected
on either side of, or upon a site abutting upon, or
approached by or from such proposed street, un-
less such proposed street shall have been and shall
still remain so defined and thrown open as afore-
said, and unless the roadway and footways of
such proposed street shall have been so made,
and shall be throughout as regards levels, direc-
tion, width, and gradients so as to comply with
the provisions of any statutes and by-laws in
force in London regulating streets and buildings,
and so as to accord with the said plans and sec-
tions, and with the particulars which accompanied
the application for the sanction contained in this
order, and unless the name of the street shall
have been approved by the Council, and as so
approved shall have been affixed and shall be
retained at both ends of the street.
(iii.) That if at the expiration of the period specified
in condition (i.) the said condition (i.) has not
been complied with, this order and the sanction
thereby given shall be null and void.
In the matter of the erection of one-storey shops in
advance of the general line of buildings —
(iv.) That no part of the proposed shop or any struc-
ture or erection connected therewith do exceed
16 feet in height above the footway, or such other
height as may be fixed by the Council.
In the matter of temporary buildings or structures dealt
with under Part VII. —
(v.) That the building or structure be commenced and
completed within such periods as may be deemed
expedient.
(vi.) That if the building or structure be commenced
or completed contrary to condition (v.), or be
found at any time to have been so erected, set up,
altered, or adapted as not to be in all respects in
accordance with the application for the approval
or licence, and with the plans and particulars
relating to such application, or (when approved
448 LONDON COUNTY COUNCIL,
or licensed for a special purpose) to have been
used for any purpose other than a purpose named
in the approval or licence, or to have had any un-
authorised addition made thereto, or any word,
advertisement, or device made or retained thereon,
such building or structure shall within seven
days after service on any owner or occupier
thereof for the time being of a notice from the
Council requiring its removal, be entirely re-
moved.
In any matter in which land is to be given up —
(vii.) That before the building is erected or within
such period as may be named in the sanction,
consent, licence, or approval, the land coloured
blue on the deposited plan shall be thrown into
the public way and dedicated to and left open for
the use of the public, and that no pier, pilaster or
other projection be placed on such land,
(viii.) That no vault, arch, cellar, or other construc-
tion shall be made in or under the said land
coloured blue on the said plan without the previ-
ous consent in writing of the local authority.
And in all matters other than the formation and laying
out of proposed streets —
(ix.) That the building, structure, or work be set up,
erected, or carried out, as the case may be, and
retained without any addition thereto and in exact
accordance with the application for the sanction,
consent, licence, or approval, and with the plans
and particulars which accompanied such applica-
tion.
(6) No sanction, consent, licence, or approval shall be
issued until the conditions imposed by the Council
in granting the same have been, if the Council so
require, accepted in writing by such persons as the
Council shall consider the proper parties to .comply
with such conditions.
(c) Every written acceptance of conditions shall have a
sixpenny stamp affixed thereto.
6 — Whenever plans of new streets to be laid out for foot
traffic only are sanctioned a condition is to be at-
REGULATIONS WITH REGARD TO APPLICATIONS. 449
tached binding the applicant to pave the street over
the entire surface, and by posts, bars, or otherwise,
to prevent such street from being used for carriage
traffic.
G. L. GOMME,
Clerk of the Council.
COUNTY HALL,
SPRING GARDENS, S.W.,
February, 1910.
4:50
THE METEOPOLIS MANAGEMENT AND BUILD-
ING ACTS AMENDMENT ACT, 1878.
THE PROTECTION OF THEATRES,
ETC., FROM FIRE.
Regulations made by the Council on the 30th July, 1901,
with respect to the requirements for the protection from
fire of theatres, houses, rooms, etc.
Limit of regulations 452
Interpretation of " such premises " - 452
CONSTEUCTION.
SECTION PAGE
1. Application for certificate, statement, and drawings, &c. 452, 453
2. Site- 454,455
3. No theatre, &c., under or over any other building - - 455
4. Walls (openings in and windows overlooking) - - 455
5. Walls (external), &c. - 455
6. Floors, -tiers, and roof 455, 456
7. Tiers (number of) 456
8. Tiers (height of) 456
9. Pit (floor of), &c., drainage 456
10- Entrances and exits 456, 457
11. Corridors, passages, &c. - 457
12. Vestibules - 457
13. Cloak-rooms • 457
14. Staircases 458
15. Doors and fastenings 458, 459
16. Exit, &c., notices - - 459
17. Gangways - 460
18. Enclosures - 460
19. Seating - 460
20. Chairs - 460
BEGULATIONS REGARDING THEATRES, ETC. 451
SECTION PAOE
21. Proscenium (wall openings and decorations) - - 460, 461
22. Proscenium (screen) 461
23. Stage (roof over) .... 461
24. Flies, gridiron - 461
25. Dressing-rooms 462
26. Workshops, &c. 462
27. Limelight tanks, boilers, and dynamos - - - 463
28. Scene store, &c. - 463
29. Ironwork- 463
30. Inflammable linings, &c. 463
31. Skylights, &c. - 463
32. Gas 464
33. Oil or candle lamps 464, 465
34- Sun burner - - - y"Orj- - - ] 465
35- Ventilation - 465
36. Water-closets, &c. - - 465
37. Hydrants, &c. - - 465, 466
38. Telephone - 466
39- Hangings - - 466
40- Fire (precautions against) - - - 466, 467
41. Fireplaces or stoves - - 467
42. Electric lighting and heating - - 467
43. Lightning conductor - 467
44. Power to modify or dispense with these regulations 467
45. Person responsible - - 467
46. Additions or alterations to premises .... 453
452
LONDON COUNTY COUNCIL.
THE METEOPOLIS MANAGEMENT AND BUILD-
ING ACTS AMENDMENT ACT, 1878.
THE PROTECTION OF THEATRES,
ETC., FROM FIRE.
Regulations made by the Council on the SOth July, 1901,
with respect to the requirements for the protection
from fire of theatres, houses, rooms, and other places
of public resort within the Administrative County
•'
Limits of These regulations shall, unless otherwise specified, apply
reguia- to all theatres, houses, rooms, or other places of public
resort within the Administrative County of London, to be
hereafter constructed and to be kept open for the public
performance of stage-plays, and to all houses, rooms, or
other places of public resort within' the said County, to be
hereafter constructed and to be kept open for public
dancing, music, or other public entertainment of the like
kind, under the authority of letters patent from His
Majesty the King, his heirs or successors, or of Licences
by the Lord Chamberlain of His Majesty's Household, or
by the London County Council.
interpreta- In these regulations the expression "such premises"
tion^of ^ means a theatre, house, room, or other place of public
mlses -\re" resort to be kept open for any of the purposes aforesaid.
Appiica- 1 — Every person who shall be desirous of obtaining
tionfor authority to open any such premises within the said
certificate. countV) %^\\ fo^ make public his intention to erect such
PROTECTION OF THEATRES, ETC., FROM FIRE. 453
premises by exhibiting a notice-board on the proposed site Sec. 1
in such -a position that it can be plainly seen from the
public way, or by advertisement in three newspapers
circulating generally throughout the county or throughout
the locality in which it is proposed to erect such premises,
and shall then make an application in writing to the Clerk
of the Council for a certificate under the Metropolis Manage-
ment and Building Acts Amendment Act, 1878. For
the purposes of the advertisement, differently dated issues
of one paper shall count as different papers. The notice-
board shall be maintained until the application has beer-
dealt with by the Council. No application will be con-
sidered before the expiration of one fortnight after the
receipt by the Clerk of the Council of a copy of the notice
exhibited on the site or of each of the newspapers contain-
ing the advertisement.
The application shall contain a statement as to the nature, statement,
and extent of the interest of such person in such premises,
and the character of the entertainment for which such
premises are proposed to be used. The application shall be
accompanied by complete plans, elevations, and sections in
duplicate, drawn on the dull side of tracing linen, to a
scale of Jth of an inch to a foot ; and by a block plan on a Drawings,
separate sheet showing the position of such premises in
relation to any adjacent premises, and to the public
thoroughfares upon which the site of such premises abuts,
drawn to a scale of not less than ^th of an inch to a foot.
A plan and section of the drains proposed to be laid
from such premises shall be submitted at the same time,
and such plan shall indicate the sewer or sewers to which
the drains are to be connected, and the section shall show
the surface level of the street, the level of the lowest portion
of the premises which is to be drained, and the level of the
sewer or sewers. All levels shall be given in relation to
Ordnance datum.
All drawings shall be coloured to distinguish the materials
employed in the construction of the building.
The width of all staircases, and the number of stairs in
each, the width of corridors, gangways, and doorways,
together with the height of the tiers, and other parts of
such premises shall be indicated on such drawings.
The thickness of the walls, and scantlings of the various Drawings.
454 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 1. materials shall be clearly shown on such drawings by
figured dimensions.
The cardinal points shall be marked upon each plan.
The plans shall show the respective numbers of persons
to be accommodated in the various parts of such premises,
and the area to be assigned to each person, and shall be
specifica- accompanied by a specification of the works to be executed,
tion. describing such of the materials to be employed and the
mode of construction to be adopted, as may be necessary to
enable the Council to judge whether the requirements of
these regulations will, when such premises have been com-
pleted, be complied with.
In the case of schools and halls used for parochial or
mission purposes and having a superficial area for the
accommodation of the public of not more than 1000 square
feet, elaborate drawings will not be required, but sufficient
detail shall be given to indicate the part of the premises
to be used for public entertainments and the surroundings.
One copy of such drawings and specification will be re-
turned to the applicant, if it is so desired, but the other
copy shall remain the property of the Council.
site. 2 — One-half at least of the total length of the boundaries
of the site of any such premises which consist of an entire
building and in case of a room or other such premises not
consisting of an entire building, one-half at least of the
total length of the boundaries of the site of the building of
which such room or other such premises form part shall
abut upon or front to public thoroughfares, of which one
thoroughfare at least shall not be less than 40 feet wide
and of the remainder none shall be less than 30 feet wide
if a carriageway, or 20 feet wide if a footway. These
widths shall continue for the whole length of the roads
between the nearest thoroughfares in each direction con-
necting there with. \ The frontage of the site to a thorough-
fare not less than 40 feet wide shall not be less than one-
sixth of the total length of the boundaries of the site.
If, in order to comply with No. 10 of these regulations,
an additional passage or way should be necessary, it may
be provided by means of a private passage or way.
Such passage or way shall not be less than 10 feet wide
and shall be under the complete control of the owner of
PROTECTION OF THEATRES, ETC., FROM FIRE. 455
such premises, and, if less than 20 feet wide, no doors or Sec. 2.
other openings of the adjoining premises shall communi-
cate therewith or overlook any portion of such passage or
way.
3 — No such premises, in which a stage will be erected NO theatre,
and in which scenery will be used, shall be constructed Jrc^°der
underneath, or on the top of, any part of any other building, JJJJ °f*er
nor shall such premises contain living rooms.
4 — No openings shall be allowed in the walls or roof of wails
such premises within 20 feet of any adjoining property -^JJ^8
unless a brick wall of the thickness prescribed by the windows
Building Act be erected between such premises and the f^gj °c
adjoining property to such a height that no part of any
opening either in such premises or in any building which
may be erected on such adjoining property shall be higher
than the part of the wall immediately opposite to it. A
similar wall shall be erected between any openings in
such premises and any inflammable structure, erection,
or material on any adjoining property.
5 — All such premises shall be enclosed with proper ex- wails (ex-
ternal or party walls of brick or stone. ternai), &c.
The thickness of all external party or cross walls shall
not be less than the thickness prescribed by the London
Building Act, 1894 (clause 12 of Part II. of the 1st
Schedule to such Act excepted), for walls of similar height
and length in buildings of the warehouse class, or such
greater thickness as shall be required by the District
Surveyor, or the Tribunal of Appeal, under section 78 of
the London Building Act, 1894.
Where such premises are part of another building they
shall be cut off from such other building by party walls
and party structures of fire-resisting materials in a manner
to be approved by the Council, and no part of such pre-
mises shall overlook any portion of the adjoining part
which may be liable to communicate fire to such premises.
6 — In all such premises the floors, tiers, and roof of the Floors,
auditorium, and all parts used by the public, shall be con- JJJJJ1 and
structed of fire-resisting materials to the satisfaction of the
456 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 6^ Council, and the flooring, if of wood and not laid on solid
foundations, shall be laid with iron tongues.
Tiers (num- 7 — No such premises shall have more than three tiers
berof). or horizontal divisions, including the gallery, above the
level of the pit.
Where the front seats of any tier are separated from the
other seats by a partition, such seats shall not count for
the purpose of this regulation as a separate tier.
Tiers 8 — Where the first tier or balcony of such premises ex-
(height of), tends over the pit, stalls, or area, the height between the
floor of the pit and the first tier shall not be at any part
less than 10 feet ; the height between the floor of the
highest part of the gallery and the lowest part of the ceiling
over the same shall not be less than 12 feet. The height
between the tiers shall in no case be less than 8 feet.
Pit 9 — In all such premises the floor of the highest part of
(floor of). the pjt> or Of tke staus where there is no pit, shall not be
more than 6 inches above the level of the street at the
principal entrance to the pit, and the lowest part of the
floor of the pit or stalls shall not be lower than the level
at which it can be effectually drained by gravitation into a
public sewer, nor more than 15 feet below the level of the
Pit, «fec. street at the principal entrance to the pit.
ge)- In any case the lowest floor shall not be placed at such
a level as will render it liable to flooding, and such premises
shall be efficiently and properly drained to the satisfaction
of the Council.
Entrances 1Q — In all such premises two separate exits shall be
• provided from every tier or floor which accommodates not
more than 500 persons, and where a tier or floor accom-
modates more than 500 persons, an additional exit shall
be provided for every 250 or part of 250 persons above 500.
Each of such exits shall not be less than 5 feet wide be-
tween the walls at any point or between the leaves of the
doors when open. Two of the exits from each tier or floor
shall deliver into different thoroughfares or ways.
In the case of a tier or floor not accommodating more
than 300 persons two 4-feet exits will be required.
PROTECTION OF THEATRES, ETC., FROM FIBE. 457
If any tier or floor shall be divided into two or more Sec. 10»
parts, exits as set out above shall be provided from each of
such parts.
In calculating the number of persons which can be ac-
commodated in any tier or part of a tier of such pre-
mises, the standing space from which a view of the
performance can be obtained (with the exception of that
afforded by the intersecting gangways) will be considered
as well as the seated area.
Exits shall be arranged so as to afford a ready means of
egress from all parts of each tier or floor, and shall lead
directly into a thoroughfare or way.
It shall be compulsory on the management of such pre-
mises to allow the public to leave by all exit doors.
11 — Every lobby, corridor, or passage in such premises corridors,
intended for the use of the audience shall be formed of fire- passages, '
resisting materials, and shall be at the narrowest point
when finished of the widths specified in No. 10 of the re-
gulations for exits.
Where possible, inclines shall be used instead of steps,
but no corridor, passage, or gangway shall be inclined to
steeper gradient than 1 in 10.
There shall »be no recesses or projections in the walls of
such corridors or passages within 5 feet of the floor.
12 — Where vestibules are provided in such premises not vestibules,
more than three tiers or floors or (where such tiers or floors
are divided into two or more parts) not more than three of
such parts of tiers or floors shall communicate with one
vestibule.
The aggregate width of all the doorways or passages that
lead from a vestibule towards a thoroughfare or way, shall
be at least one-third greater than the aggregate width of
all the exits required by the regulations that lead to such
vestibule.
13 — The corridors in such premises shall not be used as cioak-
cloak-rooms, and no pegs for hanging hats and cloaks shall roomB-
be allowed therein.
Where cloak-rooms are provided, they shall be so situated
that the persons using them shall not interfere with the
free use of any exit way.
458 LONDON COUNTY COUNCIL REGULATIONS.
staircases. 14 — All staircases in such premises intended for the use
of the audience from any tier or part of a tier accommodat-
ing not more than 300 persons shall be at least 4 feet wide
at their narrowest parts, and those intended for the use of
the audience from any tier or part of a tier accommodating
more than 300 persons shall be at least 5 feet wide at their
narrowest parts.
All such staircases shall have solid square (as distin-
guished from spandril) steps and landings of York or other
approved stone, or of such other fire-resisting material and
construction as the Council may in any special case ap-
prove, with treads not less than 11 inches wide and with
risers not more than 6 inches high (each lapping at least
1 inch over the back edge of the step below it), without
winders, in flights of not more than 15 or less than 3
steps each.
The treads and risers of each flight of steps shall be of
uniform width and height, and the steps shall be pinned
into brick walls at both ends.
The several flights of such steps shall be properly sup-
ported and enclosed to the satisfaction of the Council.
No staircase shall have more than two flights of 15 steps
each without a turn, the depth of the landing between
such flights being at least the same as the width of the
staircase.
All landings shall be 6 inches thick.
Every staircase shall have a roof of fire-resisting
materials to be approved by the Council.
A continuous and uninterrupted handrail shall be fixed
on both sides of all steps and landings, supported by
strong metal brackets built into the wall, but such hand-
rails shall not project more than 3 inches.
Where the flight of steps re-turn, the newel wall shall
be chased so as to allow the handrail to turn without pro-
jecting over the landing.
There shall be no recesses or projections in the walls
of such staircase within 5 feet of the floor, and any gas or
electric light fittings shall be at least 6 feet 8 inches above
the steps or landings.
Doors and 15 — All doors in such premises used by the public as
fastenings. exjt doors shall, except where otherwise approved, be
PROTECTION OF THEATRES, ETC., FROM FIRE. 459
hung in two folds and be made to open outwards to- Sec. 15.
wards the thoroughfare or way.
All internal doors shall be hung so as not to obstruct,
when open, any gangway, passage, staircase, or landing.
No door shall open immediately upon a flight of steps,
but a square landing at least 3 feet in width shall be pro-
vided between such steps and such doorway.
All exit doors, having fastenings, shall be fastened by
automatic bolts only, of a pattern and in a position to be
approved by the Council ; but where such doors are also
to be used by the public for entrances they may be fitted
with lever or other approved fastenings in approved posi-
tions. Doors so fitted, however, must not be fastened
during the presence of the public.
All doors and all gates used for entrances, shall be
made to open both ways, and shall, when opened inwards,
be so fitted that they can be locked back against the wall
in such a manner as to require a key to release them.
All doors leading from exit passages, staircases, or cor-
ridors to the other parts of the building shall be hung so as
to be closed by the stream of persons passing from the
auditorium to the street, and be fitted with springs. No
door handles or other fittings shall project into exit ways
more than 1 inch when the doors are open.
All barriers and internal exit doors shall be made to
swing or to open outwards, with no other fastenings than
automatic bolts.
No locks, monkey-tail, flush or barrel bolts, or locking
bars, or other obstructions to exit, other than as before
mentioned, shall be fitted on any doors, gates, or barriers.
16 — All exit and other dcors or openings in such pre- Exits, &c.
mises used by the public for the purpose of exit shall be notlces-
indicated by notices clearly printed to the satisfaction of
the Council in 7-inch letters.
Such notices shall where possible be painted over such
doors or openings at a height of at least 6 feet 9 inches
above the floor.
The words " no exit " shall be clearly painted to the
satisfaction of the Council in 7 -inch letters at least 6 feet
9 inches above the floor, over all doors or openings which
are in sight of the audience, but which do not lead to exits.
460 LONDON COUNTY COUNCIL REGULATIONS.
Gangways. 17 — Passages or gangways not less than 3 feet 6 inches
wide shall be formed leading direct to the exit doors, and
gangways 3 feet 6 inches wide shall be provided intersect-
ing the rows of seating in such a manner that no seat shall
be more than 10 feet from a gangway measured in a line
of the seating.
Encio- 18 — No enclosure shall be allowed in any such premises
sures. where the public can assemble for any other purpose than
to view the performance, except so far as the Council
shall i consider necessary for the provision of refreshment
bars, or in the case of a theatre for the provision of a
foyer.
Beatings. 19 — The seating area assigned to each person shall not
be less than 2 feet deep and 1 foot 6 inches wide in all
parts of the house where no backs or arms are provided to
the seats, and not less than 2 feet 4 inches deep by 1 foot
8 inches wide where backs or arms are provided. In all
cases, however, there shall be a space of at least 1 foot in
depth between the front of one seat and the back of the
next measured between perpendiculars.
Chairs. 20 — Where chairs are used in such premises, they shall
be battened together at a distance of not less than 1 foot
8 inches from centre to centre, where they have arms, and
1 foot 6 inches where they are without arms, and in lengths
of not less than 4 or more than 12 in a section.
Pro- 21 — In all such premises where a stage with a pro-
(w!wum scenmm will be erected, such stage shall be separated from
the auditorium by a brick proscenium wall not less than
13 inches in, thickness, and such wall shall be carried up
the full thickness to a height of at least 3 feet above the
roof, such height being measured at right angles to the
slope of the roof, and shall be carried down below the
stage to a solid foundation.
Pro. Not more than three openings shall be formed in the
scenium proscenium wall, exclusive of the proscenium opening.
(openings). XT i • i -n T t\r\ c
No such opening shall exceed 20 square feet in area.
Each of such openings shall be closed with a wrought-iron
door not less than ^th of an inch thick in the panel, hung
PROTECTION OF THEATRES, ETC., FROM FIRE. 461
in a wrought-iron frame, so as to close of itself without a Sec. 21
spring, and with a 3-inch lap, or with such other fire-re-
sisting door and frame as may be approved by the Council.
No openings formed in the proscenium wall shall, at
the lowest part, be at a higher level than 3 feet above the
floor of the stage.
All the decorations around the proscenium opening shall Pro-
be constructed of fire-resisting materials. fdecora*1
A separate exit shall be provided from the stage direct tions).
to a thoroughfare or way. stage (exit)-
Wherever possible electric light shall be the only stage
illuminant used for the stage. lighting.
22 — The proscenium opening shall be provided with a Pro-
fire-resisting screen to be used as a drop curtain, of such
pattern, construction, and gearing, and with such arrange-
ments for pouring water upon the surface of the screen
which is towards the stage, as may be approved by the
Council.
23 — The space above the stage shall be of sufficient stage (roof
height to allow of all scenes and of the fire-resisting screen °v
being raised above the top of the proscenium opening in
one piece and without rolling.
The roof over the stage shall not be of fire-resisting
material or heavy construction, and shall be provided with
an opening at the back thereof equal at the base to TVth
the area of the stage. Such opening shall be glazed at the
top and sides with sheet glass not more than ^th of an
inch in thickness, and be capable of being opened by the
action of lowering the fire-resisting screen or by the cutting
or burning of a cord, to an extent equal at least to the
superficial area required at the base of the opening. Suit-
able exhaust cowls shall also be provided on the stage
roof.
24 — The floors of the flies of such premises shall be con- Flies,
structed of fire-resisting materials to the satisfaction of the
Council.
Adequate means of escape shall be provided from the Gridiron,
flies and the gridiron to the satisfaction of the Council.
462 LONDON COUNTY COUNCIL REGULATIONS.
Dressing- 25 — Dressing-rooms shall be arranged in a separate
rooms. block of buildings, or divided from such premises by party
walls, with only such means of communication therewith
as may be approved by the Council.
All dressing-rooms and staircases leading thereto shall
be constructed of fire-resisting materials, and shall be
connected with an independent exit leading directly into
a thoroughfare or way.
All dressing-rooms shall be adequately ventilated to the
outer air by windows in the external walls.
No decoration, or construction for the purpose of decora-
tion, shall be employed in such dressing-rooms which does
not adhere without any cavities to the surface of the wall.
No dressing-rooms shall be situated more than one
storey below the street level.
The exit doors from the dressing-room block shall be
fitted with automatic bolts only.
Sufficient and separate water-closet accommodation
shall be provided for the use of the male and female artistes
and orchestra, and urinal accommodation for the use of
males. Such water-closets shall be constructed and ar-
ranged to the satisfaction of the local sanitary authority.
work- 26 — All workshops, store-rooms, wardrobe, or painting
shops, &c. rooms, in connection with such premises, shall > be separated
from such premises and from each other by brick walls not
less than 9 inches thick, and shall be placed in positions
to be approved by the Council.
All openings in such walls shall be closed by fire-resist-
ing doors as described in No. 21 of these regulations.
Such doors may, however, be of such greater size as the
Council may approve.
All such doors, if consisting of a single fold, shall be
made to overlap the door frame at least 3 inches when
closed ; and, if made in two folds, such folds shall overlap
each other, when closed, at least 3 inches.
All floors and ceilings of such rooms shall be formed of
fire-resisting materials.
All such rooms shall be ventilated by windows in the
outer walls or otherwise to the satisfaction of the Council.
Sufficient and separate water-closet accommodation shall
be provided for the use of the male and female workpeople,
PROTECTION OF THEATRES, ETC., FROM FIRE. 463
and urinal accommodation for the use of the male work- Sec. 26.
people. Such water-closets shall be constructed and ar-
ranged to the satisfaction of the local sanitary authority.
27 — All limelight tanks, boilers with engines, and dyna- Limelight
mos with engines in connection with such premises, shall iJSi^r's.and
be placed in ventilated chambers or buildings of fireproof dynamos,
construction.
Such chambers or buildings shall be separated from such
premises, and from each other, by brick walls and fire-
proof floors, and shall be enclosed upon one or more sides
by external walls.
All openings between such premises and such chambers
or buildings shall be fitted with fire-resisting doors as
described in No. 21 of these regulations ; such doors,
however, may be of such greater size as the Council may
approve.
28 — All scene stores and property rooms in connection scene
with such premises shall be enclosed by brick walls not store' &c>
less than 9 inches thick, and shall have floors and ceilings
of fire-resisting materials.
All openings from such scene stores and property rooms
to such premises shall be closed by fire-resisting doors as
described in No. 21 of these regulations ; such doors may,
however, be of such greater size as the Council may
approve.
29 — All constructional ironwork in such premises shall, ironwork,
if considered necessary, be embedded in fire-resisting
materials in a manner to be approved by the Council.
30 — No soft wood or other inflammable wall linings, inflamm-
partitions, screens, or barriers shall be used in any part of finings, &c.
such premises, and no cavities shall be left behind any
linings. All woodwork of the stage shall be rendered non-
inflammable or be hard wood.
31 — All skylights, and lantern lights in such premises Skylights,
which may be liable to be broken, shall be protected by &c-
stout galvanised iron-wire guards, securely fixed on the
outside of such skylights or lantern lights.
464 LONDON COUNTY COUNCIL REGULATIONS.
Gas. 32 — All such premises when lighted by gas shall have
separate and distinct gas services and meters as follows —
(a) To the stage (wherever possible electric light shall
be used) ;
(b) To the auditorium ;
(c) To the staircases, corridors, and exits.
Such meters shall be placed in properly ventilated
chambers of fireproof construction, the openings to which
shall be fitted with fire-resisting doors as described in No.
21 of these regulations.
All gas brackets shall be fixed without joints ; and all
burners within reach of the audience shall be fitted with
secret taps, and shall be efficiently protected by glass or
wire globes.
All gas burners within 3 feet of inflammable ceilings
shall be fitted with consumers of uninflammable material
to distribute the heat.
All gas pipes shall be made of iron or brass.
Where there is to be a stage or where scenery is to be
used, the footlights or floats shall be protected by fixed
wire guards.
The rows and lines, and gas burners in the wings (which
must commence 4 feet at least from the level of the stage)
shall be protected by fixed iron -wire guards.
All battens shall be hung by at least three wire ropes,
and shall be protected at the back by a solid metal guard
and wire fixed to a stiff iron frame at such a distance from
the gas jets that no part of the scenery or decoration can
become heated.
All moveable lights shall be fitted with flexible tubes,
and the gas in every case shall be capable of being- turned
off by the tap on the stage as well as by that on the flex-
ible tube.
All flexible tubes shall be of sufficient strength to resist
pressure from without.
An indicating gas plate shall be provided at a convenient
place at the side of the stage. A stop cock shall be pro-
vided outside such premises in order that the supply of
gas may be cut off when necessary.
on or 33 — Additional means of lighting in such premises for
tamps. use m *ke event» of the gas or the electric light being ex-
PROTECTION OF THEATRES, ETC., FROM FIRE. 465
tinguished, shall be provided for the auditorium, corridors, Sec. 33.
passages, exits, and staircases, by a sufficient number of
oil or candle lamps, of a pattern to be approved by the
Council, properly secured to an uninflammable base, and
placed, if possible, out of reach of the public. This shall
not apply where there is a complete installation of both gas
and electric light, or two complete systems of electric
lighting from separate companies.
Such lamps shall be kept alight during the whole time
the public are in such premises.
No mineral oils shall be used in such lamps.
34 — If there be a sun burner in such premises it shall sun
be provided with a pilot light, which shall be placed so burner-
that such sun burner can be lighted from the stage.
35 — All parts of such premises shall be properly and ventiia-
sufficiently ventilated in a manner to be approved by-ihetion'
Council.
All openings for ventilation shall be shown on the plans,
and described in the specification, which shall be submitted
to the Council for its approval.
36 — Each part of all such premises used by the public Water-
shall be provided with sufficient and separate water-closet Closet8« &c-
accommodation for the use of males and females, and
urinal accommodation for the use of males. Such water-
closets and urinals shall be constructed and arranged to
the satisfaction of the local sanitary authority.
37 — Alb such premises shall be provided with a sufficient Hydrants,
number of hydrants, each by a diameter of not less than &c<
2-J- inches ; such hydrants shall be connected by, at least, a
3-inch main with a water company's high-pressure street
main.
Where such premises contain a large superficial area
for the accommodation of the public, the size of the main
supplying the hydrants shall be determined by the
Council. A pressure of at least 30 Ibs. on the square
inch shall be maintained in the flies and upper tiers of
such premises.
Bach of such hydrants shall be provided with, at least,
30
466 LONDON COtJNTY COUNCIL REGULATIONS.
Sec. 37. a 30-feet length of hose with fittings of the Metropolitan
Fire Brigade pattern, and shall be fitted with bibcocks for
filling buckets. Three buckets filled with water shall be
kept near each hydrant. Hand pumps or other small fire
appliances shall be provided as required.
Where there is no constant supply of water, there shall
be provided on the top of the proscenium wall, or at some
other place to be approved by the Council, two cisterns, to
be kept always filled with water.
Such cisterns shall be each capable of containing at
least 250 gallons of water for every 100 persons of the
audience to be accommodated in the building, and shall be
properly protected from all danger of frost.
Fire mains shall be connected with such cisterns to hy-
drants to be fixed in such places and in such a manner as
may be approved by the Council.
Telephone 38 — Every theatre, and, where considered necessary by
the Council, all other premises licensed for public enter-
tainments shall be connected with the nearest fire-brigade
station by telephone alarm. The positions for such alarms
and the number of points in the house shall be decided
upon by the chief officer' of the fire brigade. The installa-
tion and maintenance shall be carried out by the General
Post Office at the cost of the lessee.
Hangings, 39 — All woodwork of stage, hangings, curtains, and
&c' draperies in such premises shall be rendered non-
inflammable.
Fire (pre-
cautions
against).
40 — Blankets or rugs, and buckets filled with water shall
always be kept on the stage, in the flies, scene stores, or
wings, and in the immediate passages approaching the
dressing-rooms of such premises, and attention shall be
directed to them by placards legibly printed or painted
and fixed immediately above them to the satisfaction of
the Council.
Some person shall be held responsible by the manage-
ment for keeping the blankets or rugs, and fire appliances
ready for immediate use.
Hatchets, hooks, and other appliances, for taking down
PROTECTION OF THEATRES, ETC., FROM FIRE. 467
hanging scenery in case of fire shall be always kept in Sec. 40.
readiness for immediate use.
The regulations as to fire shall be posted in some con-
spicuous place approved by the Council in such premises,
so that all persons connected with such premises may be
acquainted with such regulations.
41 — No fire-place shall be formed in any portion of the Fire-pinces
auditorium or stage of such premises. or Btoves-
All open fire-places or stoves in any other part of such
premises shall be protected by strong fixed iron-wire guards
and fenders of not more than 1-J-inch mesh completely
enclosing the fire. A part of the guard or fender may be
made to open for all necessary purposes.
42 — The electric lighting and heating apparatus shall be Electric
carried out to the satisfaction of the Council, and no work j^*Jting
shall be commenced until the sanction of the Council has heating,
been obtained to what is proposed to be done. Copies of
the Council's regulations on the subject can be obtained on
application to the Clerk of the Council.
43 — Such premises shall, where considered necessary by Lightning
the Council, be provided with a lightning conductor, to the conductor,
satisfaction of the Council.
44 — The Council reserves to itself the right from time power to
to time, in any special case, to modify or dispense with *g°d^ °r
these regulations. with these
All applications for dispensation or modification of these tfonsa
regulations shall be made in writing, addressed to the
Clerk of the Council, and shall contain a statement of the
facts of the particular case, and the reason why it is
desired to modify or dispense with these regulations as
applicable.
45 — When the premises have been licensed, the person Person
or persons in whose name the « licence is granted by the
Lord Chamberlain or the London County Council shall be
held responsible for the due management of such premises,
and for the safety of the public and his or their employees
in the event of fire.
Additions
or altera-
tions to
premises.
468 LONDON COUNTY COUNCIL REGULATIONS.
46 — No subsequent alterations shall be made to such
premises without the sanction of the Council having»been
first obtained.
Notice of any intended structural addition to, or altera-
tion of, any such premises shall be given in writing to the
Clerk of the Council, and shall be accompanied by draw-
ings, elevations, and sections, block plan, and specification
of the works to be executed similar to those required in
the case of premises to be certified for the first time by
the Council, and shall show such intended addition or
alteration.
The Council will, if necessary, cause a fresh survey of
such premises to be made.
No doors, bolts, or other fastenings, obstructions to the
means of egress, flap seats or other means of diminishing
or stopping up the gangways, whether permanently or
temporarily, shall be permitted.
NOTE. — The issue of the certificate referred to in these
regulations does not preclude the Council from considering,
on its merits, any application which may hereafter be made
to it with respect to the licensing of the building for public
entertainments.
&
469
THE PROTECTION OF THEATRES,
ETC., FROM FIRE.
Regulations made by the Council on the 25th March, 1902,
with respect to the electric lighting and heating ar-
rangements of theatres, houses, etc.
ELECTRIC LIGHTING.
SECTION PAGE
1. Sanction of Council to be obtained to all work - 471
2 and 3. Tests 471
4. Main circuits - - 471, 472
5. Supply by public lighting company 472
6 and 7- Three-wire system - - ' - - - - 472
8- Independent companies - ... 473
Change-over switches - 473
9- Unlicensed premises ...... 473
10- Metallic circuits 473
11. Sub-circuits 473
12- Dressing-rooms 473
13. Conductors 473, 474
14 and 15. Cables. Insulation 474
16 and 17. Flexible conductors 474, 475
18- Joints 475
19. Other means of insulation 475
20, 21, 22, 23, 24, 25, 26, and 27. Conductors 475, 476
28- Stage lighting 476
29 and 30. Stage switch-board 476, 477
31, 32, and 33- Footlights 476
34 and 35. Stage sockets 477
36. Battens - ... 478
37. Arc lamps - 478
38- Cut-outs - 473
39 to 42. Switches, cut-outs, &c. 478, 479
43- Resistances, &c . 479
44 and 45. Generating plant 479, 480
470 LONDON COUNTY COUNCIL.
SECTION PAGE
46. Gas engines - - - 480
47. Batteries- 480
48 to 52. Transformers - 480, 481
53. High pressure 481
54. Insulation resistance - - 481
55. Supervision 481
56. Motors, &c. - - 481
57. Plan of wiring - - 482
58. Temporary lighting 482
HEATING.
1. Fire-places 482
2. Guards for fire-places, &c. - - 482
3. System of heating - - 483
4. Position of boiler, &c. - - 483
5. Width of gangway, &c. - 483
Pipe trenches - 483
6. Radiators to be protected 483
7. Inspection and testing of apparatus 483
8. Expense of testing - 483
9 to 14. Hot-water system - 483, 484
15 to 20. Steam system - 484, 485
471
LONDON COUNTY COUNCIL.
THE PROTECTION OF THEATRES,
ETC., FROM FIRE.
Regulations made by the Council on the %5th March, 1902,
with respect to the electric lighting and heating arrange-
ments of theatres, houses, rooms, and other places of
public resort within the Administrative County of
London.
ELECTRIC LIGHTING.
1 — Before the installation of the electric light, or any sanction of
electrical work or apparatus, and before any alterations or ®° ^u to
additions to the electric installations are commenced, the tained to
sanction of the Council shall be obtained to what is pro- a
posed to be done. For this purpose plans showing the
approximate positions of the lights, and specifications,
together with full particulars of the work it is proposed
to carry out, and drawings of proposed switch-boards shall
be forwarded to the Clerk of the Council, to whom also
complete drawings shall be sent on completion of the work.
2 — Where the electric light is permitted in such pre- Tests,
mises, it shall be on condition that a competent electrical
engineer shall certify in writing, to the satisfaction of the
Council, once in twelve months that the system is in proper
working order.
3 — Tests shall also be made by the officials of the
Council from time to time.
4 — All such premises when lighted by electric light Main cir-
shall have at least three separate and distinct maincults-
circuits — *
472 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 4« (A) for the stage.
(B) and (C) for the auditorium, corridors, exits, and all
parts of the house open to the public.
The circuits B and C shall be so arranged that approxi-
mately half the lights in each division of the auditorium
and half those in each corridor, exit, &c., shall be on B and
the other half on C circuit.
As far as "practicable the lights on the two circuits shall
be placed alternately.
In no case shall the two circuits be combined in one
fitting, nor shall the wires or leads for one circuit be placed
in the same box, tube, creasing, &c., as those of another circuit.
Supply by 5 — When the current is supplied by a public lighting
Fighting company or corporation these circuits shall be taken
company separately from the street mains, each circuit being taken
from a separate box and where practicable from a separate
pair of mains. Where transformers are installed on the
premises, separate transformers, with fuses, switches, and
other apparatus, shall be used for each of the three circuits,
and the transformers, &c., for circuits B and C shall be
placed in separate rooms, or in detached strong iron cases
placed well apart, and the primary and secondary mains
properly protected, or shall be divided by a fireproof
partition.
g — Where supply is given on the three-wire system, cir-
cuits A and B or A and C may be supplied from the two sides
of that system, but the other circuit C or B shall be taken
from a separate connection with the street mains.
7 — The main leads, &c., for circuit A shall, where
possible, be kept entirely on the stage side of the pro-
scenium wall, and those for B and C entirely on the
auditorium side of that wall. If it is desired to control a
portion of the lights in the auditorium from the stage
board (circuit A), this will be permitted if a sufficient
number of lights, for safety purposes, be maintained on
circuits B and C in each portion of the auditorium, en-
tirely independent of the stage. The number and posi-
tion of such lights shall be subject to the approval of the
Council.
PROTECTION OF THEATRES, ETC., FROM FIRE. 473
8 — The supply for the three main circuits may be taken indepen-
from the mains of independent companies, but in such case paSieCs°m
special precautions must be taken to prevent accidental
connection.
Change-over switches may also be used if approved by Change-
j.i- r\ -i over
the Council. switches.
9 — No unlicensed premises or parts of premises not unlicensed
included in a licence shall be supplied with electric current Premises-
from the mains or apparatus used for the licensed premises.
10 — In all circumstances complete metallic circuits Metallic
shall be employed. circuite-
Gas and water pipes shall never form part of any
circuit.
11 — The main circuits A, B, and C shall be subdivided sub-
as may be necessary.
The number of lamps shall be so subdivided that no sub-
circuit shall carry more than 10 amperes in the case of the
auditorium, corridors, &c., or 40 amperes in the case of
the stage ; and each sub-circuit shall start from a distribut-
ing board. If the supply be given at a higher pressure
than 100 volts the current in the sub-circuit shall be cor-
respondingly reduced.
The same sub-circuit shall not be used for arc lamps and
incandescent lamps.
Lights outside buildings shall be on sub-circuits entirely
independent of inside lights. These outside sub-circuits
may carry any current not exceeding 40 amperes if at 100
volts, or correspondingly less at any higher pressure.
Circuits for power or heating purposes shall be kept
distinct and separate from lighting circuits.
12 — Dressing-rooms and other parts of the premises Dressing-
used by the staff shall be lighted to the satisfaction of the rooms-
Council.
13 — All conductors used within buildings shall be of Con-
tinned copper, having a conductivity equal to not lessdB
than 98 per cent, of that of pure copper, and shall be so
proportioned to the work they have to do that the current
474 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 13. density in any conductor shall not exceed a ratio of 1000
amperes per square inch if the supply be given at or below
a pressure of 115 volts. In case of the supply being given
at a higher voltage, the density shall not exceed a ratio of
800 amperes per square inch.
The conductors shall be insulated with pure and vul-
canised india-rubber of approved quality.
Gabies. 14 — The insulation resistance shall not be less than
insulation. 6QO megohms per statute mile, at 60 degrees Fahr., after
one minute's electrification, when tested with at least 400
volts, and after 48 hours' immersion in water. If the
pressure of the supply be above 115 volts the insulation
resistance shall be 1000 megohms per statute mile in
lieu of the 600 specified above. Certificates of test shall
be supplied to the Council if required.
Flexible 15 — The insulated conductors shall be protected on the
ductors. outside by stout tape or braiding impregnated with pre-
servative compound.
16 — Flexible conductors (if composed of wires smaller
than No. 25 S.W.G., shall be of untinned copper wire; if
composed of larger wire, the wire shall be tinned) shall be
insulated with pure and vulcanised india-rubber, and have
an insulation resistance of not less than 600 megohms per
statute mile when tested as above, and shall be protected
on the outside by a stout braiding and rubber tube
where necessary (for instance in the orchestra). Should
any of these flexible conductors be damaged they shall be
at once replaced.
No circuit of this nature shall carry more than 10
amperes if the pressure of the supply be not over 100
volts, if the supply be given at a higher pressure the cur-
rent shall be correspondingly reduced, and each circuit
shall be protected by a fuse on each pole. The restriction
to 10 amperes shall not apply to batten and hanging
length circuits.
17 — In all cases conductors conveying currents of high
electro-motive force inside buildings shall be specially and
PROTECTION OF THEATRES, ETC., FROM FIRE. 475
exceptionally insulated, and cased in, and the casing shall Sec. 17.
be made fireproof and connected to earth.
The positive and negative terminals connected to such
conductors shall not be nearer to each other than 12 inches
if the pressure exceeds 480 volts, or 6 inches if the pressure
exceeds 240 volts but is less than 480 volts, and the
terminals shall be efficiently protected from risk of con-
tact.
18 — Joints in conductors shall be avoided, but when joints,
unavoidable, they shall be electrically and mechanically
perfect. Soldering fluids shall not be used in making such
joints.
19 — If it is desired to use any other means of insula- other
tion than that above specified, special permission shall
obtained from the Council, and no material shall be used
which is not waterproof, or protected by waterproof cover-
ing, or which will soften at a temperature below 170
degrees Fahr.
20 — All conductors shall be efficiently protected fromcon-
mechanical injury. nxing'and
Where conductors pass through walls, fireproof floors, or protection,
ceilings, they shall be protected by iron pipes or by glazed
stoneware or porcelain tubes, and precautions shall be taken
to prevent the possibility of fire or water passing along the
course of the conductors. Split tubing must not be used.
21 — In special cases, or where necessary for protection
from the depredations of rats, mice, or other vermin,
armoured cables may be used.
These need receive no further mechanical protection, but
the armouring shall be efficiently earthed.
22— Lead-covered cables shall not be used unless pro-
tected by external armour of iron or steel or enclosed in
substantial iron pipes or tubes.
23 — Metal fastenings for fixing conductors shall be
avoided as far as possible. When unavoidable some addi-
tional covering shall be used to protect the conductor,
476 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 23. unless armoured, from mechanical injury at the point of
support.
24 — If casing be used, it shall be of hard wood, and
each conductor shall be laid in a separate groove, unless
previous permission be obtained from the Council to vary
this condition. In no circumstance shall wires of opposite
poles be laid in the same groove, nor wires of the same
polarity belonging to different circuits A, B, and C. The
cover shall be secured by screws at the outer edges.
Casings shall, as far as possible, be placed in sight, and
the conductors shall always be accessible.
Casing shall not be used where it is liable to injury from
weather or leakage of water, nor shall it be recessed into
plaster.
25— No soft or fusible metal tubing shall be used to
contain conductors, nor shall any tubing which is not water-
tight be embedded in walls or plaster or floors.
26— Where iron pipe or tube is used as a mechanical
protection it shall be bushed where necessary, and proper
joint boxes shall be used.
External 27 — All external conductors shall be specially insulated
ductors. an(^ *a^ m iron pip68 properly jointed and bushed, and
of ample size. Proper joint boxes shall be used wherever
joints occur in the conductors. In no case shall conductors
belonging to different circuits (A, B, and C) be run in the
same barrel or be carried through the same boxes.
Such iron pipes shall be protected where necessary, and
securely fixed and supported when not underground.
stage 28 — When there is a stage, it shall, if possible, be
lighted by electric light only. Special care shall be taken
that all works in connection with the lighting of the stage
are carried out in as substantial a manner as possible.
stage 29 — A switch - board, containing all the necessary
board1 switches, cut-outs, and other fittings for the control and
regulation of the stage lighting shall be fixed in some
convenient position preferably overlooking the stage.
PROTECTION OF THEATRES, ETC., FROM FIRE. 477
This board shall be inaccessible to all but the persons em- Sec. 29.
ployed at such premises to work it.
If the connections are made at the back of the board there
shall be a space of not less than 3 feet between the wall
and the back of the board, or such larger space as may be
necessary to ensure the thimbles and connections being at
all times easily accessible, or, as an alternative, provision
shall be made by hinging the board or placing it on rollers
for rendering the back of the board accessible without
breaking the connections or dismounting the board.
30 — No metalwork in connection with the circuits shall
be exposed or so fixed or constructed as to be liable to cause
a short circuit.
31 — Lamps on battens, footlights, &c., shall be protected Footlights,
by stiff wire guards, so arranged that no scenery or other
inflammable material can come in contact with the lamps.
32 — No readily combustible material shall be used in
connection with any lamps in such a manner that it might
come in contact with the lamps.
33 — No soft or readily inflammable wood shall be used
in connection with the lamps, and all wood shall be pro-
tected by uninflammable material from the possibility of
ignition by an arc between any two parts of the two con-
ductors, or by heated particles from any conductor or part
of a conductor which may connect together the two main
conductors.
34 — The sockets for the stage shall be of hard wood, stage
vulcanite, or slate, with metal guards, care being taken to socket8-
avoid risk of ignition, and they shall be of specially sub-
stantial construction.
35 — Where a number of lights, as in the footlights,
battens, &c., are supplied under control of one switch, and
protected by one single or double pole cut-out, as the case
may be, the conductors shall be maintained throughout of
such a section that they will be effectually protected by the
cut-outs against heating.
478 LONDON COUNTY COUNCIL REGULATIONS.
Battens. 36 — The leads to the battens shall be specially guarded,
particularly at the points where they join on to the battens,
and a sufficient length shall be allowed to prevent the leads
receiving any injury through any movement of the battens,
and this part of the leads shall be protected by leather or
stout waterproof canvas hose, properly fixed.
The battens shall be suspended by at least three wire
ropes attached to insulators on the battens.
On no account shall the same battens be adapted for
both gas and electric light.
Arc lamps. 37 — Arc lamps shall not be used inside such premises
• without special permission from the Council.
When they are used special precautions shall be taken
to guard against danger from falling glass or incandescent
particles of carbon.
All parts of the lamps, lanterns, and fittings which are
liable to be handled (except by the persons employed to
trim them) shall be insulated from the framework.
In no case shall arc lamps be suspended by the con-
ductors.
Cut-oats. 38 — All circuits shall be efficiently protected by cut-
outs, placed in positions easily accessible to the staff, but
inaccessible to the public.
All cut-outs shall be of such pattern and be fixed in
such a position as to admit of quick replacement.
All circuits carrying a current 10 amperes or more shall
be provided with a cut-out on each conductor, and the two
cut-outs shall not come in the same compartment.
All cut-outs shall be so constructed that fused metal in
falling cannot cause a short circuit or an ignition.
All cut-outs shall be so marked as to show what circuit
or lamps they control.
Switches, 39 — All exposed metal work, such as fittings, switch
cut-outs, an(j fuse covergj &C-j shall De efficiently insulated from the
circuits.
All switches, cut-outs, ceiling roses, wall and floor
sockets, and lamp holders shall have uninflammable bases
and covers.
All switches and cut-outs shall have .sufficient length of
PROTECTION OF THEATRES, ETC., FROM FIRE. 479
break, and shall be constructed so as to prevent the risk of Sec. 39.
formation of an arc. All lamp holders shall be of bayonet-
socket form and shall be fitted with porcelain bridges or
some equivalent separation between poles.
All switches shall be of ample size to carry the currents
for which they are intended without heating, and shall be
so constructed that it will be impossible for them to remain
in any position intermediate between the " on " and the
"off" positions, or to permit of a permanent arc or short
circuit.
40 — All fittings shall be suspended in an approved
manner, and special care taken to avoid risk of suspension
failing from any cause.
41 — Combined gas and electric fittings shall not be
used.
42 — All switch and fuse-boards which are not fitted with
front connections shall be so mounted as to give instant
and easy access to the connections at the back of the board,
and shall be provided with dividing strips between poles,
both at back and in front, and proper lock-up cases with
glass fronts, the glass (unless plate of adequate thickness)
shall be protected with a wire guard or boxes with lids
and sides rendered fireproof by asbestos sheeting or some
equivalent method may be used.
43 — Resistances for regulating the power of the lights Resist-
or motors or for other purposes shall be mounted on in- ances-
combustible bases, and shall be so protected and placed at
such a distance from any combustible material that no
part of the resistance, if broken, can fall on such material,
or vice versa.
Principal metallic resistances shall be placed in a fire-
proof room reserved for>the purpose. Liquid resistances
shall be provided with proper trays and stands.
44 — Where the supply of current is derived from special Qenerat-
plant on the premises or under the control of the licensee, lng plant
such plant must in all cases be approved by the Council.
It must be in duplicate. Such duplication may be pro-
480 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 44. vided either by not fewer than two separate boilers,
engines, and dynamos, each capable of supplying the maxi-
mum ordinary load, or, in lieu of one engine and dynamo,
a battery of approximately equal capacity for a minimum
period of five hours, and such battery shall be fully charged
before the commencement of every performance, or another
alternative may be adopted by obtaining a full supply from
the mains of a public company or borough council by means
of proper change-over switches. The position and the
construction of the change-over switches shall be subject to
the approval of the Council. Where gas engines are used,
a battery or other duplicate supply shall be provided, gas
engines alone shall not be accepted as sufficient. No un-
licensed building or unlicensed portion of a building shall
be supplied from any part of the installation of the licensed
part of the building unless the installation in such un-
licensed portion is open to inspection and testing by the
Council. The switch-board and its fittings must be to the
satisfaction of the Council.
45 — Boilers, steam engines, gas engines, and dynamos,
when used for the supply of electricity to such premises
shall be placed in such positions as shall be sanctioned by
the Council.
All necessary provision shall be made for keeping the
temperature of the engine-rooms within proper limits.
Gas 46 — Gas engines shall be placed in rooms so adequately
engines. an(j continuously ventilated that no explosive mixture of
gas can accumulate by any leakage through the engine in
the event of any of the gas cocks being left turned on.
A hood connected with a pipe carried into the external
air shall be fixed over the ignition tube when this is used.
Batteries. 47 — Primary or secondary batteries shall be placed in
rooms so adequately ventilated to the outside air that no
fan shall be necessary. These rooms shall be of fireproof
construction with iron doors.
The batteries shall be well insulated.
.
Trans- 48 — Transformers used to transform either direct or
formers, alternating currents, together with the switches and cut-
PROTECTION OF THEATRES, ETC., FROM FIRE. 481
outs connected therewith, shall be placed in a fire and Sec. 48.
moisture-proof structure adequately ventilated to the out-
side air, and accessible to the management.
49 — Where the primary current is of high potential,
such structure shall be, preferably, outside the building.
No part of such apparatus shall be accessible except to
the persons in charge of its maintenance.
50 — The outer case of all transformers shall be efficiently
connected to earth.
51 — Proper labels indicating the circuit controlled shall
be affixed to all transformers, main switches, fuses, &c.
52 — No transformer which, under normal conditions of
load, heats above 130 degrees Fahr., shall be used.
53 — Transformer circuits shall be so arranged that in
no circumstances shall a contact between the primary and
the secondary coils lead an electro-motive force of high
pressure into the building.
The term high pressure means in all cases throughout High pres-
these regulations pressure above 240 volts.
54 — The insulation resistance of a system of distribution insulation
shall be such that the greatest leakage from any conductor re
to earth, when all branches are switched on, shall not ex-
ceed one sixty-thousandth part of the total current intended
for the supply of the said lamps and motors ; the test being
made at the usual working electro-motive force. Provided
that this rule shall not be held to justify a lower insulation
resistance than 10,000 ohms.
55 — The generating plant and switching gear shall be super-
in the hand of thoroughly competent manipulators, and V1810n-
the engine room (if any) shall be inaccessible to the public,
and shall, where possible, have an independent entrance.
56 — Motors or electrical heating apparatus shall, if per- Motors, etc.
mitted, be subject to special conditions, but electric fans
and similar motors, not) taking more than 300 watts may
31
482 LONDON COUNTY COUNCIL REGULATIONS.
Sec. 56. be used if separately wired from fuses on a proper distri-
buting board.
Plan of 57 — A plan of the wiring shall be always kept in a
wiring. prominent position in the office of the manager of such
premises.
Temporary 5g — In all cases in which it is desired to instal tem-
porary lighting, notice shall be given to the Clerk of the
Council in writing as long as possible before it is desired
to commence the work.
Wires and cables shall be adequately and firmly fixed,
and shall be similar to the wires already specified in these
regulations, and in all cases where the wires are within
reach of the public they shall be cased.
All joints shall be soldered and taped if used for more
than one week, and if used less than a week the wire shall
be soldered if larger than 7/20 S.W.G., or its equivalent.
In either case the joints shall be taped.
The circuits shall be subdivided as much as possible, no
sub-circuit exceeding 10 amperes.
All temporary work shall be immediately removed when
no longer required for the purpose for which it was in-
stalled.
In the case of temporary work on the stage, all con-
nections to the permanent installation shall be removed
immediately after each performance in which they are
used unless permission be obtained to the contrary.
Such special conditions as may be requisite in each case
will be attached to the consent of the Council to the use of
temporary electrical work.
HEATING.
Fire-places. 1 — No fire-place shall be formed in any portion of the •
auditorium or stage of such premises.
Guards for 2 — All open fire-places or stoves in any other part of
orttoveT sucn premises shall be protected by strong fixed iron-wire
guards and fenders of not more than 1^- inch mesh com-
pletely enclosing the fire. A part of the guard or fender
may be made to open for all necessary purposes.
PROTECTION OF THEATRES, ETC., FROM FIRE. 483
3 — The system of heating shall be by hot air, low pres- System of
sure hot-water, or low pressure steam. The high pressure he
hot water system with sealed pipes shall not be permitted
4 — The boiler, furnace, oven, or other heating apparatus Position of
shall be placed in a situation to be approved by the Council,
and shall be enclosed upon all sides by brick walls not less
than 9 inches thick, which shall be properly roofed and
ventilated.
5 — All hot water or steam pipes, or coils, shall be re- width of
cessed in the walls where necessary, or shall be otherwise Jot to be*
arranged so as not to diminish the clear width of the gang-
ways, and, where necessary, shall be provided with guards.
Where the pipes are placed in trenches below the level of pipe
the floor and covered by grids or gratings, such trenches trenches-
shall be sufficiently large to admit of being thoroughly
swept.
6 — All radiators placed in those parts of the premises Radiators
to which the public has access shall be protected with stout jj° 1?edpro"
wire guards, or otherwise to the Council's satisfaction.
7 — Each boiler or heating apparatus when new shall inspection
be tested, in the presence of an official of the Council, tfy$2^5i?
hydraulic pressure to twice the working load. The licensee tus-
shall furnish annually to the Clerk of the Council a satis-
factory certificate that such boiler or heating apparatus has
been inspected, tested, and approved as safe by a com-
petent person within fourteen days from the date of such
certificate.
8 — The expense of such testing shall be borne entirely Expense
by the licensee of such premises.
9 — Where the hot-water circulation system is adopted, Hot-water
the boiler may be of the cylindrical, saddle, or other ap-
proved type, and made of wrought iron, mild steel, or copper,
or may be of an approved sectional type and made of cast
iron or cast steel.
484 LONDON COUNTY COUNCIL REGULATIONS.
10 — The boiler shall be provided with a dead weight
or other approved safety valve, either of the lock-up type,
or protected by an approved locked guard. The valve shall
have an independent attachment to the boiler, and where
connecting pipes are used they shall be of wrought iron or
copper, and shall not be used for any other service.
11— The valves shall not in any circumstances be fixed
to the circulating pipes, and shall be placed in such a
position as will ensure protection from soot and dirt.
12 — The supply cistern and all pipes in exposed situa-
tions shall be adequately protected against the action of
frost.
lo — The pipes throughout the system (with the excep-
tion of such connections or fittings as may be of copper)
shall be of the strongest standard section of wrought iron
or steel tubing, or of a strong section of cast iron or cast
steel, and all iron or steel feed pipes below 1-j- inches in
diameter shall be galvanised.
14 — The term low pressure shall be understood to mean
the pressure due to the vertical head of water between the
boiler and the supply cistern.
steam 16 — Where the steam system is adopted the boiler may
system. t>e Of ^he plain cylindrical, mulitubular, or other approved
type, and made of wrought iron, mild steel, or copper, or
may be of an approved sectional type, and made of cast
iron or cast steel.
16 — The boiler shall be provided with a dead weight
or other approved safety valve, either of the lock-up type
or protected by an approved locked guard.
17 — The valve shall have an independent attachment to
the boiler, and where connecting pipes are used they shall
be of wrought iron or copper, and shall not be used for any
other service.
PROTECTION OF THEATRES, ETC., FROM FIRE. 485
18 — The pipes throughout the system (with the excep-
tion of such connections or fittings as may be of copper)
shall be of the strongest standard section of wrought iron
or steel tubing, and all iron or steel feed pipes below 1-J
inches in diameter shall be galvanised.
19 — The term low pressure shall be understood to mean
a maximum pressure of fifteen pounds per square inch
above the pressure of the atmosphere.
20 — The boiler may be worked at any approved pressure,
and if such pressure exceeds fifteen pounds per square inch
a reducing valve shall be attached to the boiler, having a
safety valve and pressure gauge on the outlet side, the
valve to be loaded to a pressure not exceeding fifteen
pounds per square inch, which shall be the maximum
Eressure allowed on any part of the heating system apart
:om the boiler house.
486
LONDON COUNTY COUNCIL
REQUIREMENTS
Approved by the Council, Wth December, 1907.
PAGE
London Building Acts (Amendment) Act, 1905 - - - 487-489
Factory and Workshop Acts, 1901 and 1907 - - 489-497
Means of escape to roofs 488-489
48?
L.C.C. REQUIREMENTS.
Approved by the Council, 10th December 1907.
LONDON COUNTY COUNCIL.
LONDON BUILDING ACTS (AMENDMENT) ACT, 1905 —
MEANS OF ESCAPE IN CASE OF FIRE, and
FACTORY AND WORKSHOP ACTS, 1901 and 1907.
NOTE. — Applicants are advised to obtain copies of the
Acts of Parliament mentioned below.
LONDON BUILDING ACTS (AMENDMENT)
ACT, 1905.
By the provisions of sections 7 and 9 of the London High bui<
Building Acts (Amendment) Act, 1905, the duty is im- ^gesntyd
posed upon the London County Council of ensuring that person
the following buildings shall be provided with such means
of escape in case of fire as can be reasonably required in the
circumstances of the case : —
(a) Any high building, i.e., a building having any storey
the level of the upper surface of the floor whereof
is at a greater height than 50 feet above the level
of the footway (if any) immediately in front of
the centre of the face of the building in which
such storey is situate, or, where there is no such
footway, above the level of the ground before
excavation.
(6) Any building in which sleeping accommodation is
provided for more than twenty persons, or which is
occupied by more than twenty persons, or in which
more than twenty persons are employed, or any
488 THE L.C.C. (GENERAL BOWERS) ACT, 1908.
new building which is constructed or adapted
to be occupied by more than twenty persons, or
which is constructed or adapted for the employment
therein of more than twenty persons.
tfote. — Dwelling-houses occupied as such by not more
than one family are exempt from the provisions of sections
7 and 9.
projecting By the provisions of section 10, in every new and exist-
ing building in which any persons are employed or sleep,
part of which is used or adapted to be used as a shop and
projects 7 feet or more beyond the main front of such
building, the roofs over the projecting portions are required
to be constructed of fire-resisting materials not less than 5
inches thick. Provisions are also made with regard to the
position and construction of lantern lights and ventilating
cowls in such roofs.
Booms over By the provisions of section 11, buildings used in part
used^fo? for the storage of inflammable liquid and in part for living
^flammable rooms> &C'* are required to be provided with —
liquid. (1) Adequate safeguards to prevent the spread of fire
from the part of the building used for the storage
of any such inflammable liquid to any room used
as a living room, workshop or workroom constructed
over or communicating directly with any part used
for the storage of such inflammable liquid, and
(2) Means of ready escape from such room in case of
fire.
MetsSt°f ^ ^e Provisi°ns °f section 12 every existing building
roofs. having a shop projecting 7 feet or more from the main front
of the building and to which section 10 above referred to
applies, and every other existing building, except a
dwelling-house occupied as such by not more than two
families, and every new building shall, if having more
than two storeys above the ground storey or if exceeding
30 feet in height, be provided (unless and except so far as
the Council shall otherwise allow) with a dormer window or
a door opening in a suitable position on to the roof or a
trap door in a suitable position with a fixed or hinged
step ladder or other proper means of access to the roof as
specified in such section 1 2, and with a sufficient parapet or
guard rail where reasonably practicable and necessary to
prevent persons slipping off the roof. Ihe provisions of
FACTORY AND WORKSHOP ACTS, 1901 AND 1907. 489
such section do not apply to buildings falling within either
sections 7 or 9 above mentioned.
Under the provisions of section 13S buildings shall not,
without the consent of the Council, be converted, whether
by change of user involving structural alterations or not,
in such a manner that the buildings when so converted will
not be in conformity with the Act.
Under the provisions of section 14 all means of escape Means of ^
provided under this Act or otherwise shall be kept and maintained,
maintained by the owner of the building in good condition
and repair, and efficient working order, and no person shall
obstruct or render less commodious, or permit or suffer to
be obstructed or rendered less commodious any such means
of escape.
Certain buildings are specially exempted from the opera- J^JJJjJJJJ11
tions of the Act (sections 28 to 42), and there is also buildings,
a proviso (section 26) that the provisions of the Act shall
not apply to any building the whole of which is a factory
or workshop within the meaning of section 14 of the
Factory and Workshop Act, 1901, or to any common
lodging-house within the meaning of any statute for the
time being in force relating to common lodging-houses
within London.
Under certain defined circumstances (see section 22) the Bight to ap-
f • ,• I-IT i -lit t p^al under
owner ot an existing or new building has a right to appeal certain
to the Tribunal of Appeal against the decision of the conditionB-
Council.
FACTORY AND WORKSHOP ACTS, 1901
AND 1907.
The provisions of section 14 of the Factory and Work-
shop Act, 1901, and the provisions of the Factory and
Workshop Act, 1907, require that each factory, workshop,
or laundry, in which more than 40 persons are employed,
shall be provided which such means of escape in case of fire
for the persons employed therein, and can reasonably be
required in the circumstances of each case.
In case of a difference of opinion between the owner of Arbitration
an existing factory or workshop and the Council under of a differ"
section 14, there is a provision in the Act for arbitration, ^n owner
but this does not apply to new factories or workshops. and Council.
490 THE LC.O. (GENERAL LOWERS) ACT, 1908.
STATEMENTS OF GENERAL REQUIREMENTS.
The following statement with reference to the require
ments in respect of the means of escape in case of fire to be
provided in accordance with the provisions of the before-
mentioned Acts, has been drawn up with a view to assist-
ing owners and others in submitting applications and
proposals to the Council thereunder. This statement must
not, however, be taken as binding upon the Council, but only
as a general guide or indication, since each case is, after
full consideration of the varying circumstances, dealt with on
its merits : and nothing herein contained must be taken as in
any way interfering with or derogating from the powers of
the Home Office, the Council, the District Surveyors or any
other authority whatsoever under the factory Acts, the
London building Acts or any other Act, or under any by-
laws that may be made under section 15 and section 153,
sub-section 3, of the Factory and Workshop Act, 1901, or
under by-laws or regulations relating to the construction
of building or otherwise, or as constituting any consent,
sanction, allowance or permission under any such Act,
by-law or regulation, but all such Acts, by-laws and regula-
tions must be fully observed and complied with notwith-
standing anything herein contained.
APPLICATION.
Applications for the Council's certificate in respect of the
means of escape from new buildings, and applications with
proposals to meet the Council's requirements in respect of
the means of escape from existing buildings or for exemp-
tions from any of the provisions of the above Acts should
state : —
(a) The Act and section of the Act under which applica-
tion is made.
(b) The number of persons for whom sleeping accom-
modation is provided and the number of persons
occupying or employed on or intended to be occu-
pied or employed on the various floors of the pre-
mises, specifying approximately the numbers of
males or females.
MEANS OF ESCAPE. 4dl
(c) The trade, if any, carried on or to be carried on on
each floor, with particulars of machinery, power,
&c.
(c?) In the case of existing buildings, the date of the
erection of the building.
(e) The name and address of the owner and occupier (if
any).
(f) Particulars of the occupation or proposed occupa-
tion of the building. If in different occupations,
particulars with regard to each part should be
furnished.
Applications should be accompanied by all necessary
plans, sections, and elevations, drawn to one-eighth inch or
one quarter inch scale (one-eighth inch preferred), and by a
block plan to a small scale showing the premises and the
surrounding buildings and thoroughfares, such block plan
having the north point indicated. These plans should show
(as far as may be necessary for the purpose of the applica-
tion) the means of escape proposed to be provided.
MEANS OP ESCAPE.
The means of escape required depend, inter alia, upon the Means of
« n . . escape.
following circumstances : —
(a) The area and disposition of the building.
(6) The number and the distribution of the persons for
whom the means of escape are to be provided.
(c) The user of the building.
(d) The nature of the construction of the building.
(e) In the case of a building used for trade purposes the
nature of the materials and goods stored or manu-
factured in the building.
(f) The provision of an efficient system of automatic fire
alarms, sprinklers, or other appliances.
It may, however, be laid down as a general principle Number <• -f
(subject to the exceptions hereinafter mentioned) that at
least one enclosed and protected staircase and exit will be
required, and in addition an alternative means of escape
from each floor by one of the following means : —
(a) Another enclosed and protected staircase and exit in
the same building.
(b) A suitable staircase in another block to which access
492 THE L.C.C. (GENERAL POWERS) ACT, 1908.
Positions.
Escape by
roof.
Cases in
which one
staircase
maybe
deemed
sufficient.
is given by doorway openings in the party or divi^
sion walls, or by external communication.
(c) External gangways or balconies affording access to
adjoining or adjacent buildings.
(d) An external iron staircase.
(e) Any other suitable arrangement which will, in the
opinion of the Council, secure the desired object
having regard to the circumstances of any particular
case. No arrangement which is not permanently
fixed in position or which requires manipulation in
part or in whole in order that it may be used in
case of emergency can be accepted.
Where two or more means of escape from any floor are
provided, they should be placed as far as reasonably
practicable from each other so as to be approached from any
part of the floor area independently of any one fire risk on
that floor.
(/) In all cases where considered necessary by the
Council some means of escape from the roof of the
building to the roof of the adjoining premises should
be provided.
(g) In small premises, and in some cases where it is
possible to provide a staircase in a central position,
one enclosed staircase may be accepted provided
that the premises are not used for the storage or
manufacture of inflammable or explosive materials.
Main-
tenauce.
MAINTENANCE.
Periodical examination should be made of all means of
escape provided to ascertain whether they are in good con-
dition and repair and in efficient working order.
All persons who are employed in or who occupy buildings
in which means of escape have been provided should be
made acquainted with the position and nature of such
means of escape.
In hotels, boarding-houses, &c., notices should be dis-
played in each bedroom giving information as to the position
and nature of the means of escape in case of fire, and the
corridors, staircases, and exits should be efficiently lighted
during the night.
EXTERNAL IRON STAIRCASES. 493
DETAILS OP THE CONSTRUCTION, &c., OF MEANS OF ESCAPE.
I. — ENCLOSED AND PROTECTED STAIRCASES.
A. — Internal Incombustible Staircases.
(a) The staircases, including landings, lobbies, and pas-
sages from one flight to another should be enclosed by walls,
not less than 9 inches thick, the outer edges of the steps
and landings being properly supported.
(6) The staircase should be ceiled with iron and concrete
where they are not carried above the roof, or where they
are carried above the roof and are liable to attack by
fire from an adjoining structure.
(c) The staircases, including the flooring in the lobbies,
approach passageways, <fcc., should be constructed of incom-
bustible materials with solid square or spandril steps, which
should be supported at both ends on brickwork. The steps
and landings should be not less than 6 inches thick.
(d) Spandril steps where used should be of the following
thickness : —
(i.) For staircases 3 feet 6 inches wide not less than 3
inches thick in the smallest part.
(ii.) For staircases 4 feet 6 inches wide, not less than 4£
inches thick in the smallest part.
B. — Internal Fire-resisting Staircases.
(a) The staircases including the treads, strings, car-
riages, landings, joists, and floors should be constructed of
oak, teak, jarrah, karri, or other hard timber of not less than
If inches finished thickness (no fir or pine must be used),
and the enclosure to the staircase should be a solid partition
of incombustible or fire-resisting material, at least 3 inches
thick, carried up through the thickness of the floors.
(b) The ceilings and soffits of the staircases and landings,
if any, should be of plaster or cement.
(c) A suitable balustrade should be provided where
necessary to the outer strings of the staircases.
II. — EXTERNAL IRON STAIRCASES.
(a) The staircases including the strings, bearers, and
supports should be of iron, and constructed throughout
494 THE L.C.C. (GENERAL POWERS) ACT, 1908.
upon dead bearings, to the satisfaction of the district
surveyor.
(b) The steps and landings should be constructed of solid
or perforated iron plates (if perforated plates be used no
perforation should exceed three-quarters of an inch across
each way).
(c) The risers should be of iron either of solid or of a close
pattern.
(c?) Where an iron staircase is in general use the treads
and landings should be finished with a surface of approved
nori-slippery material as distinguished from perforated iron
or chequered iron plates.
(e) All windows and similar openings by or near any
such staircase should be glazed with fire-resisting glazing,
and where necessary the sashes and frames should be fixed.
(f) A balustrade of a close pattern at a suitable height
should be provided on each side of the flights and round
the landings. If balusters be used they should be not
more than 6 inches apart.
(g) The staircases should deliver into the outer air, at the
ground level, into a public way or thoroughfare, or some
large open space.
Position.
Lighting &
ventilation.
Treads and
risers.
Handrails.
Width of
staircases,
Ac.
III. — GENERALLY AS TO STAIRCASES.
(a) Internal staircases should when practicable, be
placed next to an outer wall, and be so arranged that
persons enter them from any floor level in the direction of
descent.
(b) Internal staircases should be properly lighted and
ventilated by windows, or, in exceptional cases, other
effective means.
(c) The treads of the staircases should be not less than
10 inches wide clear of nosings, and the risers not more
than 7 1 inches high.
(d) Staircases should be provided with handrails fixed
upon both sides thereof, and continued round the landings,
and chased into the end of newel walls where these occur.
(e) Where the doorways or staircases may be used as
means of escape by not more than 200 persons, they should
be not less than 3 feet 6 inches wide.
(f) Where the doorways or staircases may be used as
EXTERNAL IRON GANGWAYS AND BALCONIES. 495
means of escape by more than 200 persons, or more than
100 persons on any one floor, they should be not less than
4 feet 6 inches wide.
(g) The doorways for access to and exit from the stair- Doorways to
cases should in all cases be of the width in the clear 8tl
mentioned above when the doors are open.
(h) All doorways leading to staircases should, where
necessary, be recessed. The recesses should be constructed
throughout of fire-resisting materials, and be fitted with
doors of fire-resisting materials (oak, teak, jarrah, karri, or
other hard timber of not less than 1 J inches finished thick-
ness) in two folds hung so as to open in the direction of
exit, or to swing both ways clear of steps, landings, passage-
ways, and footways. Such doors must be fitted with springs,
weights, or other approved appliances to close them after
use. The frames of the doors shall be bedded solid to the
walls or partitions.
(i) Staircases should be arranged in straight flights, with- steps,
out winders ; each flight should consist of not more than Landing*"
fifteen steps ; landings should be provided at the top and
bottom of each flight ; the steps and landings should be of
the full width of the staircase.
(j) Landing spaces not less than 2 feet 6 inches wide Landing
should be provided between the steps of the flights and the 8pttces>
escape doorway leading to and from the staircases.
(k) All supports to internal fire-resisting staircases and
their enclosures should be of fire-resisting materials, and all
iron work supporting internal cases and their enclosures
should be protected by plastering or other incombustible or
non-conducting external coating not less than 2 inches in
thickness.
(I) Doors at the head of staircases affording access to Doors
the roof should be glazed in the upper panels with ordinary
glass. roof-
IV. — EXTERNAL IRON GANGWAYS AND BALCONIES.
(a) These gangways and balconies should be supported JJ
on dead bearings, and be provided with solid floors of
incombustible materials ; if perforated iron flooring be used,
the perforations should not exceed three-quarters of an inch
across each way.
496 THE L.C.C. (GENERAL POWERS) ACT, 1908.
Balustrades. (fy A suitable balustrade not less than 3 feet 6 inches
high should be provided to these gangways and balconies.
V. — ENCLOSURES AND POSITION OP LIFTS.
In cases where a lift will, in the opinion of the Council,
endanger the means of escape, the following requirements
should be observed : —
Position. (a) Lifts, excepting passenger lifts constructed within
the open wells of staircases, and enclosed only with metal
grills, should not be placed near to escape staircases, and
should not be connected directly therewith by means of
openings or otherwise.
Enclosure. (6) In buildings where fire-resisting floors are provided,
lifts should be enclosed all up with incombustible materials
and fire-resisting doors or shutters. When the shaft of the
lift is carried up to the roof it should be continued through
the roof, and, if covered, thin glass should be used, pro-
tected on the outside with strong wire guards.
(c) In other buildings where there are large floors
undivided by partitions, fixtures, &c., lifts, if placed as
far as practicable from the staircases, exists, &c., may be
enclosed with fire-resisting materials to a height of 4 feet
above each floor level, and above this with stout wire-mesh
guard.
VI. — BUILDINGS USED FOR THE STORAGE OF INFLAMMABLE
LIQUID.
Buildings (a) Rooms in which inflammable liquid is stored should
Itorage of be separated from other parts of the building by brick walls
inflammable and fire-resisting floors and ceilings.
(b) Doorways for access to such rooms should be fitted
with self-closiiig, fire-resisting, or iron doors.
(c) Adequate ventilation should be provided.
(d) Living rooms, workshops, or workrooms constructed
over or communicating directly with any part of a building
used for the storage of inflammable liquid, should be pro-
vided with exit doorways giving access to some safe position
as far as practicable from the storage, and with doors hung
to open in the direction of exit with only such fastenings as
can be easily and immediately opened from the inside.
THEATRES, MUSIC HALLS, CONCERT HALLS, &c. 497
VII. — GENERAL.
(a) Proper guard rails should be provided to the routes Gaard rftila-
of escape on roofs, &c., and round skylights, lantern lights,
and ventilating cowls on the roofs of projecting shops.
(6) Clear gangways should be kept up to and between all Guard rails,
staircases, gangways, and exits on all floors.
(c) All escape doors should be made so as to open in the Escape
direction of exit or to swing both ways, clear of steps, doors'
landings, passages, &c.
(d) All doors usable as means of escape from both
sides should swing both ways, and be kept free from all
fastenings.
(e) All such doors must, if required to be provided with
fastenings during the time persons are upon the premises,
be fitted during such time with automatic bolts only.
(/) In buildings other than residential buildings a
portion of the upper panels of all fire-resisting doors usable
as means of escape should be glazed with transparent fire-
resisting glazing, and it is suggested that a portion of the
upper panels of all other principal exit doors should be
glazed with clear glass, the glass to be at such a height as
will enable persons approaching the door in opposite
directions to see each other.
(g) Windows on the floors above the ground-floor facing Windows
the public way, street, thoroughfare, or open space should open'
be made to open easily at sill level to a sufficient height
and width to allow a full-grown person to pass through in
case of need.
(h) Windows and doors affording access to external Windows
escape staircases, balconies, Bridges, &c., should be marked and door8'
on the inside in large letters, " exit in case of fire."
THEATRES, MUSIC HALLS, CONCERT HALLS, &c.
Premises to be used for music, dancing, stage plays, or
entertainments of a like kind are specially dealt with under
the Metropolis Management and Building Acts (Amend-
ment) Act 1878, and the Metropolitan Board of Works
(Various Powers) Act, 1882, and special regulations relating
to such premises have been made by the Council.
G. L. GOMMB,
Clerk of the Council.
County Hall,
Spring Gardens, S.W.,
IQth December 1907.
32
498
CORPORATION OF LONDON.
PUBLIC HEALTH DEPARTMENT.
PAGE
By-laws made under section 54 of the City of London
(Various Powers) Act, 1900, with respect to water-
olosets, earth-closets, &c. 499-510
House drainage and water-closet regulations - - - 510-518
By-laws — demolition of buildings, form of application as
to pavement lights, coal plates, lamps, etc., regula-
tions and fees for hoards and scaffolds - - - 515-528
499
CORPORATION OF LONDON.
PUBLIC HEALTH DEPARTMENT.
By-laws l made by the Mayor and Commonalty and
Citizens of the City of London, herein referred to as
"the Corporation," under Section 54 of the City of
London (Various Powers) Act, 1900, with respect to
Water-Closets, Earth-Closets, Privies, Ashpits, Cess-
pools, and Receptacles for Dung, and the proper
Accessories thereof in connection with Buildings.
1 — Every person who shall intend to construct a water- _
closet, or to connect or disconnect any water-closet from ti1°°land
any soil pipe or drain, shall, at least seven days before the P an> (
work is to be commenced, deliver or send, or cause to be
delivered or sent to the Corporation (Public Health De-
partment), at the Guildhall, a plan showing the situation
of such water-closet drawn to a scale of 8 feet to one inch,
and a section showing the means of ventilation.
2 — (1) Every person who shall hereafter construct asituatiou
water-closet in connection with a building shall construct and aP-
such water-closet in such a position that one of its sides at w^c?
the least shall be an external wall, which external wall shall
abut immediately upon the street, or upon a yard or garden
or open space1 of not less than 50 square feet of superficial
area, measured horizontally at a point below the level of
the floor of such closet.
Provided always that these requirements shall notw.C's.
(a) to any water-closet constructed below the surf ace 1* we.
1 The marginal notes do not form part of the By-laws.
500 CORPORATION OF LONDON.
Sec. 2. of the ground and approached directly from any
area or other open space available for purposes of
ventilation measuring at least 40 superficial feet
in extent, and having a distance across of not less
than 5 feet, and not covered in otherwise than by
a grating or railing.
Or (b) to any water-closet the floor of which is not more
than 5 feet below the pavement or the general
level of ground upon which the water-closet abuts,
and which complies with the following conditions,
viz. such closet shall not be of less internal dimen-
sions than 3 feet in width, 4 feet 6 inches in
length, and 6 feet 6 inches in height. Ventila-
tion and light shall be provided by means of a
window, open grating, or glass louvres, not less
than 2 feet in height, and of not less area than
6 square feet, and any such window shall be fixed
not less than 6 inches above the pavement or the
general level of the ground upon which the water-
closet abuts.
(2) He shall not construct any such water-closet so that
it is approached directly from any room used for the pur-
pose of human habitation, or where any person or persons
are employed, or used for the manufacture, preparation,
or storage of food for man, or as a factory, workshop, or
workplace, except where any other mode of construction
may be impracticable. In any such excepted case he shall
so construct such water-closet that it shall be approached
through a lobby, corridor, or landing properly ventilated
to the external air.
Enclosing (3) He shall construct such water-closet so that on any
partitions s^e on wmc^ ^ would abut on a room intended for human
habitation, or where any person or persons are employed,
or used for the manufacture, preparation, or storage of food
for man, or used as a factory, workshop, or workplace, it
shall be enclosed by a solid wall or partition of brick or
other materials, at least 2 inches thick, extending the
entire height from the floor to the ceiling.
Floors. W He shall provide any such water-closet that is ap-
proached from the external air with a floor of hard, smooth,
impervious material, having a fall to the door of such
water-closet of inch to the foot.
BY-LAWS AS TO WATER-CLOSETS. 501
(5) He shall provide such water-closet with proper doors Sec. 2.
and fastenings.
3 — (1) Every person who shall construct a water-closet Lightj
in connection with a building, whether the situation of
such water-closet be or be not within or partly within such
building, shall construct in one of the walls of such water-
closet a window of such dimensions that an area of not
less than 2 square feet, which may be the whole or part
of such window, shall open directly into the external air.
He shall in every case, where in pursuance of the last
preceding by-law one of the walls of such water-closet
abuts upon a public way, yard, garden, or open space,
construct such window in such wall.
(2) He shall, in addition to such window, cause suchventiia-
water-closet to be provided with adequate means of con- tion-
stant ventilation.
4 — (1) Every person who shall construct a water-closet cisterns.
in connection with a building, shall furnish such water-
closet with a cistern of adequate capacity (not less than
two gallons) for the purpose of flushing, which shall be
separate and distinct from any cistern used for drinking
purposes, and shall be so constructed, fitted, and placed as
to admit of the supply of water for use in such water-closet,
so that there shall not be any direct connection between
any service pipe upon the premises and any part of the
apparatus of such water-closet other than such flushing
cistern. Such flushing cisterns shall be constructed so as
to discharge completely with one pull and to refill rapidly.
Provided always that the foregoing requirement shall be cisterns
deemed to be complied with in any case where the ap- j5J?fl5JJi:?
paratus of a water-closet is connected for the purpose of ing.
flushing with a cistern of adequate capacity, which is used
solely for flushing water-closets or urinals.
(2) He shall construct or fix the pipe and union connec- Flushing
tion of such flushing cistern with the pan, basin, or other JJJfg*0
receptacle with which such water-closet may be provided,
so that such pipe and union shall not in any part have an
internal diameter of less than 1J inch.
(3) He shall furnish such water-closet with a suitable Flushing
apparatus for the effectual application of water to any pan,
502 CORPORATION OF LONDON.
Sec. 4. basin, or other receptacle with which such apparatus may
be connected and used, and for the effectual flushing and
cleansing of such pan, basin, or other receptacle, and for
* the prompt and effectual removal therefrom and from the
trap connected therewith of any solid or liquid filth which
may from time to time be deposited therein.
Pan or (4) He shall furnish such water-closet with a pan, basin,
receptacle. Qr ofoej: suitable receptacle of non-absorbent material, and
of such shape, of such capacity, and of such mode of con-
struction as to receive and contain a sufficient quantity of
water, and to allow all filth which may from time to time be
deposited in such pan, basin, or receptacle, to fall free of
the sides thereof and directly into the water received and
contained in such pan, basin, or receptacle, and he shall not
construct or fix under such pan, basin, or receptacle any
"container " or other similar fitting.
Pane to be (5) He shall construct or fix immediately beneath or in
trapped, connection with such pan, basin, or other suitable recep-
tacle an efficient syphon trap, so constructed that it shall
at all times maintain a sufficient water seal between such
pan, basin, or other suitable receptacle, and any drain or
soil pipe in connection therewith. He shall not construct
or fix in or in connection with the water-closet apparatus
any " D " trap or other similar trap.
ventilation 5 — (1) Any person who shall construct in connection
5rap< with a building any water-closet, the soil pipe of which
shall communicate with any sewer and shall be in con-
nection with any other water-closet, shall cause the trap
of every such water-closet to be ventilated into the open air
at a point as high as the top of the soil pipe, or into the
soil pipe at a point above the highest water-closet con-
nected with such soil pipe, and so that the ventilating pipe
shall have in all parts an internal diameter of not less than
2 inches, and shall be connected with the arm of the
soil pipe or the trap at a point not less than 3 and not
more than 12 inches from the highest part of the trap
and on that side of the water seal which is nearest to the
soil pipe. He shall cause the joint between the ventilat-
ing pipe and the arm of the soil pipe or the trap to be made
in the direction of the flow.
(2) He shall construct such ventilating pipe in drawn
BY-LAWS AS TO SLOP SINKS, ETC. 503
lead or of heavy cast iron. Provided that in any case Sec. 5.
where it shall be necessary to construct such ventilating Material
pipe within a building, he shall construct such ventilating lating
pipe in drawn lead. pipes.
(3) He shall construct such ventilating pipe, whether in- weight of
side or outside a building, so that if the pipe be of lead its pTpes!8^
weight shall not be less than 45 Ibs. per 12 feet length,
and if the pipe be of iron its thickness shall not be less
than three-sixteenths of an inch, and its weight not less
than 25 Ibs. per 6 feet length.
(4) He shall in all cases cause the joints in and the joints of
connections to such ventilating pipe to be made in the JJJJ J^atlng
same manner as if such ventilating pipe were a soil pipe.
6 — (1) A person who shall construct, in connection with Slop sinks
a building, a slop sink or urinal constructed or adapted to ^
be used for receiving any solid or liquid excremental filth urinals,
for conveyance to any sewer, shall construct or fix im-
mediately beneath such slop sink or urinal an efficient
syphon trap, so constructed as to be capable of maintain-
ing a sufficient water seal between such slop sink or urinal,
and any drain, soil pipe, or waste pipe in connection there-
with. He shall not construct or fix in or in connection
with such slop sink or urinal any trap of the kind known
as a bell trap, a dip trap, or a " D " trap.
(2) He shall, as regards the ventilation of the trap of ventilation
such slop sink or urinal, and the construction of the waste giVj sinks*
pipe of such slop sink or urinal, comply with all the re-
quirements of the preceding and following by-laws which
are applicable to the ventilation of the trap of a water-
closet and the construction of a soil pipe, always provided
that the internal diameter of the waste pipe of any such
slop sink or urinal shall not be less than 3 inches, and
where the internal diameter of such waste pipe is 3 inches
the weight of such pipe for every 10 feet of length shall, if
such waste pipe be constructed of lead, be not less than
60 Ibs., and if such waste pipe be constructed of cast iron
the weight of such pipe for every 6 feet of length shall be not
less than 40 Ibs. Provided that in any case where only
one or two urinal basins are connected to such waste pipe
the internal diameter of such waste pipe may be not less
than 2 inches.
504
CORPORATION OF LONDON.
situation 7 — (1) Any person who shall provide a soil pipe in con-
maLriai of nection with a new building for the purpose of conveying
soil pipe, to a sewer any solid or liquid excremental filth, or shall
for that purpose construct a soil pipe in connection with
an existing building, shall, whenever practicable, cause
such soil pipe to be situated outside such building, and
shall construct such soil pipe in drawn lead or of heavy
cast iron. Provided that in any case where it shall be
necessary to construct such soil pipe within such building,
he shall construct such soil pipe in drawn lead with
proper wiped plumbers' joints and so as to be easily ac-
cessible.
Thickness (2) He shall construct such soil pipe, whether inside or
andweight< outside the building, so that its weight, if the pipe be of
lead, and its thickness and weight, if the pipe be of iron,
in proportion to its length and internal diameter, shall be : —
Lead.
Iron.
Diameter.
Weight per
10-feet length,
Thickness of
metal, not less
Weight per 6-feet length
(including socket and
beaded spigot or
flanges, the socket
not less than
than
not to be less than
i in. thick), not less
than
3J inches
65 Ibs.
r\ inch.
48 Ibs.
4 „
74 „
A »
54 „
5
92 „
i »
69 „
6 „
110 „
i »
84 „
Joints.
(3) If he shall construct such soil pipe of cast iron with
socket joints, he shall cause such joints to be not less than
2£ inches in depth, and to be made with molten lead pro-
perly caulked, and he shall also cause the annular space
for the lead, in the case of 3^-inch and 4-inch pipes, to be
not less than J inch in width, and, in the case of 5-inch and
6-inch pipes, to be not less than f inch in width. If he
shall construct such soil pipe with flange joints, he shall
cause such joints to be securely bolted together with some
suitablei insertion.
BY-LAWS AS TO WATER-CLOSETS. 505
(4) He shall construct such soil pipe, whether inside or Sec. 7.
outside the building so that it shall not be connected with Soj1tpi?e
any rain-water pipe or with the waste of any bath, or of connected
any sink other than that which is provided for the recep- Jjj»r ana
tion of urine or other excremental filth, and he shall con- waste
struct such soil pipe so that there shall not be any trap SJJto be
in such soil pipe or between the soil pipe and any drain trftpped.
with which it is connected.
(5) Every person who shall provide a soil pipe, outside Size of soil
or inside a building, shall cause such soil pipe to have
internal diameter of not less than 3£ inches, and to be con-
tinued upwards without diminution of its diameter and
(except where unavoidable) without any bend or angle being
formed in such soil pipe, to such a height and in such a
position as to afford, by means of the open end of such
soil pipe, a safe outlet for foul air, and so that such open
end shall in all cases be above the highest part of the roof
of the building to which the soil pipe is attached, and,
where practicable, be not less than 3 feet above any win-
dow within 20 feet measured in a straight line from the
open end of such soil pipe.
(6) He shall furnish the open end of such soil pipe and Termina-
any soil ventilating pipe with a wire guard or other suit- o^ven'tiia1-1
able covering, the openings in the meshes of which shall tins pipe,
be equal to not less than the area of the open end of
the soil pipe.
(7) In all such cases where he shall connect a lead trap Conneo-
or pipe with an iron soil pipe or drain, he shall insert trap,°&ce,ftd
between such trap or pipe, and such soil pipe or drain, a with iron
thimble of copper, brass, or other suitable alloy, and he drain*
shall connect such lead trap or pipe with such thimble by
means of a wiped or overcast metallic joint, and he shall
connect such thimble with the iron soil pipe or drain by
means of a joint made with molten lead properly caulked.
Provided that it shall be sufficient if he shall connect such
lead trap or pipe into an iron soil pipe in an equally suit-
able and efficient manner.
8 — Any person who shall connect a stoneware or semi- qonnec-
vitrified ware trap or pipe with a lead soil pipe, waste pipe, gtoSeware
or trap communicating with a sewer, shall insert between trap of
such stoneware or semi -vitrified ware trap or^pipe and closet> *°"
506 CORPORATION OF LONDON.
Sec. 8. such lead soil pipe, waste pipe, or trap, a socket of copper,
soiipipe* brass, or other suitable alloy, and shall insert such stone-
Ac. P1 ware or semi-vitrified ware trap or pipe into such socket,
making the joint with Portland or other equally suitable ce-
ment, and shall connect such socket with the lead soil pipe,
waste pipe, or trap, by means of a wiped or overcast me-
tallic joint ; provided always that it shall be sufficient if
he shall connect the stoneware or semi-vitrified ware trap
or pipe with the lead soil pipe, waste pipe, or trap, in an
equally suitable and efficient manner.
Connec- 9 — Any person who shall connect a lead soil pipe, waste
sS?pipe!ad P*Pe' ventilatmg pipe, or trap with a stoneware or semi-
Ac., with vitrified ware pipe or drain communicating with a sewer,
shall insert between such lead soil pipe, waste pipe, venti-
lating pipe, or trap and such stoneware or semi-vitrified
ware pipe or drain, a flanged thimble of copper, brass, or
other suitable alloy, and shall connect such lead soil pipe,
waste pipe, ventilating pipe, or trap with such thimble by
means of a wiped or overcast metallic joint, and shall in-
sert the flanged end of such thimble into a socket on such
stoneware or semi-vitrified ware pipe or drain, making the
joint with Portland or other equally suitable cement ; pro-
vided always that it shall be sufficient if he shall connect
the lead soil pipe, waste pipe, ventilating pipe, or trap
with the stoneware or semi-vitrified ware pipe or drain in
an equally suitable and efficient manner.
Connec- 10 — Any person who shall connect an iron soil pipe,
soi?pfperon waste P*Pe> ventilating pipe, or trap with the stoneware
&c., with or semi-vitrified ware pipe or drain communicating with a
sewer, shall insert the beaded spigot end of such iron soil
pipe, waste pipe, ventilating pipe, or trap into a socket on
such stoneware or semi-vitrified ware pipe or drain, mak-
ing the joint with Portland or other equally suitable ce-
ment; provided always that it shall be sufficient if he
shall connect the iron soil pipe, waste pipe, ventilating
pipe, or trap with the stoneware or semi-vitrified ware
pipe or drain in an equally suitable and efficient manner.
Connec- 11 — Any person who shall connect a stoneware or semi-
yitrified ware trap or pipe with an iron soil pipe, waste
BY-LAWS AS TO WATER-CLOSETS 507
pipe, trap, or drain communicating with a sewer, shall in- Sec. 11.
sert such stoneware or semi-vitrified ware trap or pipe stoneware
-, «T . •*• trap ol
into a socket on such iron soil pipe, waste pipe, trap or closet, Ac-
drain, making the joint with Portland or other equally J^J^
suitable cement ; provided always that it shall be sufficient &c.
if he shall connect the stoneware or semi- vitrified ware
drain or pipe, with the iron soil pipe, waste pipe, trap, or
drain in an equally suitable and efficient manner.
12 — A person who shall newly fit or fix any apparatus New fit-
in connection with any existing water-closet, shall, as*JS|ti$g
regards such apparatus and its connection with any soil w.c.
pipe or drain, comply with such of the requirements of
the foregoing by-laws as would be applicable to the ap-
paratus so fitted or fixed if the water-closet were being
newly constructed.
13 — A person shall not use as a receptacle for dung any situation
receptacle so constructed or placed that one of its sides JJeJtacies
shall be formed by the wall of any room used for human for dung,
habitation, or under a dwelling-house, factory, workshop,
or workplace, and he shall not use any receptacle in such
a situation that it would be likely to cause a nuisance or
become injurious or dangerous to health.
14 — (1) Every owner of any existing receptacle for Capacity of
dung shall, before the expiration of six months from the
date of the confirmation of these by-laws, and every person
who shall construct a receptacle for dung, shall cause
such receptacle to be so constructed that its capacity shall
not be greater than 2 cubic yards, and so that the bottom
or floor thereof shall not in any case be lower than the
surface of the ground adjoining such receptacle.
(2) He shall so construct such receptacle that a sufficient Facilities
part of one of its sides shall be readily removable for the •ngree-an8"
purpose of facilitating cleansing. ceptacie.
(3) He shall also cause such receptacle to be constructed construe-
in such a manner and of such materials, and to be main-
tained at all times in such a condition as to prevent any &c.
escape of the contents thereof, or any soakage therefrom
into the ground or into the wall of any building. He
shall cause such receptacle to be so constructed that no
508 CORPORATION OF LONDON.
Sec . 14« rain or water can enter therein, and so that it shall be
freely ventilated into the external air.
Capacity of Provided that a person who shall construct a receptacle
whfchaare8 f°r dung, the whole of the contents of which are removed
emQttedtly not ^ess fr*e(luentty tnan every forty-eight hours, shall not
be required to construct such receptacle so that its capacity
shall not be greater than 2 cubic yards.
Construe- And provided that a person who shall construct a re-
metei cages ceptacle for dung, which shall contain only dung o£ horses,
"nrecep-°f asses> or mules, w^h stable litter, and the whole of the con-
tacies". tents of which are removed not less frequently than every
forty-eight hours, may, instead of all other requirements
of this by-law, construct a metal cage, and shall beneath
such metal cage adequately pave the ground at a level
not lower than the surrounding ground, and in such
manner and to such an extent as will prevent any soakage
into the ground ; and if such cage be placed near to or
against any building he shall adequately cement the wall
of such building in such a manner and to such an extent
as will prevent any soakage from the dung within or upon
such receptacle into the wall of such building.
Cleansing 15 — (1) The occupier of any premises shall cause every
>f w.c.s. water-closet belonging to such premises to be thoroughly
cleansed from time to time as often as may be necessary
for the purpose of keeping such water-closet in a cleanly
condition.
Cleansing (2) The occupier of any premises shall, once at least in
foredPuSg!68 every week, cause every receptacle for dung belonging to
such premises to be emptied and thoroughly cleansed.
Landlord Provided that where two or more lodgers in a lodging-
wherew!c! nouse are entitled to the use in common of any water-
t£ciecfo?~ closet or receptacle for dung, the landlord shall cause such
dung is water-closet or receptacle for dung to be cleansed and
common emptied as aforesaid.
Definitions (3) For the purposes of this by-law "a lodging-house "
nfou1s°d,?ing- means a house or part of a house which is let in lodgings
"landlord," or occupied by members of more than one family. " Land-
lord " in relation to a house or part of a house which is let
in lodgings or occupied by members of more than one
family, means the person (whatever may be the nature or
extent of bis interest) by whom or on whose behalf such
BY-LAWS AS TO WATER-OLOSETS. 509
house or part of a house is let in lodgings or for occupation Sec. 15«
by members of more than one family, or who for the time
being receives, or is entitled to receive, the profits arising
from such letting. " Lodger," in relation to a house or
part of a house which is let in lodgings or occupied by
members of more than one family, means the person to
whom any room or rooms in such house or part of a house
may have been let as a lodging or for his use or occupation.
(4) Nothing in this by-law shall extend to any common Exemption
lodging-house.
houses.
16 — The owner of any premises shall maintain in proper Mainten-
condition of repair every water-closet and receptacle for JJJSSj &c.
dung, and the proper accessories thereof, belonging to
such premises.
Penalties.
17 — Every person who shall offend against any of the
foregoing by-laws shall be liable for every such offence to
a penalty of five pounds, and in the case of a continuing
offence to a further penalty of forty shillings for each day
after written notice of the offence from the Corporation.
Provided nevertheless that the Court before whom any
complaint may be made or any proceedings may be taken
in respect of any such offence may, if the Court thinks fit,
adjudge the payment as a penalty of any sum less than
the full amount of the penalty imposed by this by-law.
Repeal of By-laws.
18 — From and after the date of the confirmation of
these by-laws, the by-laws under Section 54 of the City
of London (Various Powers) Act, 1900, with respect to
water-closets, earth-closets, privies, ashpits, cesspools, and
receptacles for dung and the proper accessories thereof in
connection with buildings which were made by the Mayor
and Commonalty and Citizens of the City of London on
the twenty-eighth day of July, 1904, and were confirmed
by the Local Government Board on the twenty-seventh
day of September, 1904, shall be repealed.
Examined,
HOMEWOOD CRAWFORD.
510 CORPORATION OF LONDON.
Sec. 18. The Common Seal of the Mayor and Commonalty and
Citizens of the City of London was affixed to these by-
laws at a duly constituted Meeting of the Court of Common
Council holden on the first day of July, 1909, and in my
presence.
(L.S.) JAMES BELL,
Town Clerk.
Allowed by the Local Government Board this seventh
day of September, 1909.
(L.S.) S. B. PROVIS,
Secretary,
Acting on behalf of the said Board, under
the authority of their General Order
dated the twenty-sixth day of May, 1877.
HOUSE DEAINAGE AND WATER-CLOSET
REGULATIONS.
Appiica- (1) All persons proposing to construct house drains and
drains. * water-closets or being " ordered " to reconstruct any existing
water-closet or drain, or connect or disconnect any water-
closet, shall at least seven days before the work is to be com-
menced make application at the office of the Public Health
Department of the Corporation at the Guildhall, on a form to
be obtained there, and shall deposit a plan of the premises to
be drained, drawn to a scale of 8 feet to an inch, with the
lines of the proposed drains, their branches and inlets,
shown thereon in red, together with their sizes and the
depth of the lower floor of the premises below the footway
kerb fronting the same. All existing drains to be shown
by blue lines on the plan.
Separate (2) Each house to have a separate and independent con-
fo?each°n pection with the public sewer where practicable, and where
house. impracticable a twin -drain or some other method approved
by the Public Health Department must be adopted.
be done (3) No work is to be commenced inside the premises
untiUhe7 unt^ ^e connection from the sewer to the front of the
connection building has been -completed, excepting in cases of emer-
Sicon?wer gency, such as flooding, &c.
pleted.
HOUSE DRAINAGE AND W.C. REGULATIONS. 511
(4) All work beneath the public way will be done by
the contractor to the Public Health Department, and the
applicant, before the works are commenced, shall pay the the Public
cost of such drain and any other works incidental thereto
as estimated by the Engineer to the Corporation.
°ant>
(5) All drains where practicable shall be laid in straight
, . v ' T . . T , i r . Drams to
lines and outside the premises. be laid in
straight
(6) All drains are to be formed of socketed, imperme- lines-
able, glaze stoneware pipes, free from defects, and of a
smooth surface inside, each pipe to be in section a true
circle and perfectly straight. All pipes of 6 inches dia-
meter and under are to be at least f -inch thick, and all
over 6 inches are to have a thickness of at least one-
twelfth of their internal diameter. If iron pipes are used
they must be at least f -inch thick, and be coated internally
with Dr. Angus Smith's or other approved composition.
(7) The pipes are to be carefully put together, the butt Mode of
d
end of one pipe being forced into the socket end of
next pipe as closely as will permit, and the space between jointing.
them filled in with Portland cement of good quality, mixed
with a little clean sharp sand, the cement to be thoroughly
worked in so as to fill the whole space and to cover the
joint externally. The inside of each pipe to be carefully
wiped out so as to remove any cement that may have
worked in through the joint. The joints of all iron pipes
are to be run with lead and properly caulked.
(8) All drains where practicable shall be laid at least Depth and
12 inches below the floor level measuring to the tops of the Jof dmmT
pipes ; the ground shall be carefully excavated to true
hanging lines and so made up that the pipes shall have a
firm bearing throughout their entire length.
(9) All junctions shall be curved and made at the sides Junctions
of the pipes and join the pipes in the direction of the flow, curved.
No T or right-angled junctions will be allowed.
(10) Taper pipes are to be used where the size of the Taper and
drain is reduced and inspection chambers with half-channel
pipes, and airtight covers as well as access pipes are to
be provided if so directed at each change in direction of
the main drain.
512
CORPORATION OP LONDON.
Inclina-
tions.
Drains to
be laid in
concrete.
Laying
pipes.
Testing.
(11) Where practicable all 6-inch drains shall be laid to
a fall of not less than 2 inches in 10 feet and 4-inch
drains not less than 3 inches in 10 feet.
(12) Where the drains are laid under any part of a
building they shall be laid on and surrounded with 6 inches
of good Portland cement concrete, mixed in the proportion
of six parts of fine clean ballast to one of cement.
(13) In laying the pipes spaces are to be hollowed out
of the concrete to receive the collars so that the body of
the pipes may rest on the concrete and have a firm bearing.
(14) No drain shall be deemed to have been laid to the
satisfaction of the Public Health Department until it has
been properly tested by the Sanitary Inspector, in the case
of old buildings, or the Inspector of Pavements in the case
of new buildings, or other officers appointed to do such
work, and each drain shall be tested with water once after
the pipes have been laid and jointed, and, if necessary, be-
fore and after the ground has been filled in. Where there
are several inspection chambers in the building the drains
can, if so desired, be tested in sections.
Rain-water (15) All rain-water pipes shall discharge over or into
>&Cj trapped gullies fitted with moveable iron gratings, and
fixed when practicable in the open air. All outlets or
waste pipes from sinks, baths, and lavatories to be trapped
and discharge into trapped stoneware gullies, fitted with
moveable iron gratings, and fixed in the open areas. So
many of the rain and waste-water pipes as is practicable
shall be collected into one gully or trap, as near as may
be to the head of the drain, the said gully being covered
in at the floor level, if inside a building with a moveable
airtight cover.
(16) No bell, whistle, lip, "D" or other non-self-
cleansing trap will be allowed.
(17) No rain-water pipe shall be used as a ventilating
pipe, excepting under special circumstances, as approved
by the Public Health Department.
(18) All water-closets shall have external light and
ventilation, and have at least one side next an external
wall overlooking a street or open space. In new buildings
or buildings reconstructed from the first floor level up-
wards, every water-closet shall be lighted naturally, and
be provided with adequate means of constant ventilation,
to dis-
charge into
gullies.
No bell
traps
allowed.
No rain-
water pipes
to be used
as venti-
lators.
Water-
closets.
HOUSE DRAINAGE AND W.C. REGULATIONS. 513
and shall be so constructed that at least one of its sides
shall be an external wall abutting upon a street or open
space. Where constructed in or abutting on any room
used for occupation or used as a factory or workshop, the
water-closet must be enclosed by a brick wall at least
ij inches thick extending the entire height from floor
to ceiling, covered with an impervious material on one
side, and be provided with proper door and fastenings.
No water-closet shall open directly into any room
where persons are engaged, but shall be approached by
a lobby ventilated to the external air. In existing
buildings all water-closets shall have direct communication
with the external air, .and where constructed in or abutting
on a room used as a factory or workshop, or where any
person is engaged, the water-closet must be enclosed
by an impervious wall or partition extending the entire
height from floor to ceiling.
(19) The water supply shall be separate and indepen- water
dent from the drinking supply. supply.
(20) Each water-closet is to 'be fitted with a good ap- w.c.
paratus of the wash-down or short-hopper class, and with fitting8-
approved waste-preventing cisterns, giving at least a two-
gallon flush at each discharge, the connection between
the cistern and the water-closet being made by a pipe at
least 1J inch internal diameter.
(21) All water-closets in the lower floors of premises Traps,
and all surface drains, sinks, gullies, rain-water pipes, and
other inlets (excepting vertical soil pipes) shall be effici-
ently trapped by syphon, or other approved traps, before
being connected with the drains. All water-closets on
the upper floors shall be trapped before being connected
with vertical soil pipes. No D traps or containers will on
any account be allowed.
(22) Where there is more than one water-closet con- Anti-
nected with one vertical soil pipe, anti-syphonage pipes 3
must be used if so directed.
(23) No waste-water pipes in the upper floors are to be NO waste-
connected with the soil pipes or traps to water-closets, ^blTc^-68
and if connected with rain-water pipes, then only with such nectedwith
pipes as are outside the building, and are to be first trapped. 80
(24) All soil pipes shall be not less than 3£ inches soil pipes,
internal diameter formed of lead or iron, with all joints
33
514
CORPOEATION OF LONDON.
lead to
iron.
Urinals.
gas-tight and carried up without diminution of their area,
with as few bends as possible to above the highest part
of the roof, and be fitted with a wire top or cage, and are
not to be fixed near chimney stacks, windows, dormers,
or other openings. Where practicable, they shall be
placed outside buildings, and when inside shall be of lead,
weighing not less than 8 Ibs. to the foot superficial, with
wiped joints, and fixed in grooves or chases so that they
may be readily accessible.
Connecting (25) In connecting lead soil pipes to iron pipes, a brass
thimble-piece is to be passed over the end of the soil pipe
and then wiped on it. Some tarred yarn is then to be in-
serted in the space between the thimble and the iron socket,
and the joint run with blue lead, and properly caulked.
Connecting (26) In connecting the lead soil pipes to stoneware
stoneware drains, the thimble-piece must -be wiped on to the soil
pipes. pipe as before, and the joint to the stoneware pipe filled
in with cement. This method is also to be adopted when
connections are made between the earthenware traps of
water-closets and lead soil pipes.
(27) Every urinal and the floor and screens surrounding
it is to be constructed of impervious material, and is to
be furnished with an automatic flushing cistern or such
other appliance for properly flushing same as may be
approved by the Public Health Department. The water
supply is to be separate from the drinking supply, and
the outlet is to be properly trapped and connected with
an independent down pipe or drain properly ventilated.
(28) Before being connected with the public sewer the
main drain must be trapped by means of a sewer inter-
cepting trap, or syphon fitted with a cleansing arm provided
with an airtight stopper, such trap to be fixed between
the sewer and an inspection chamber, formed of brick-
work, built and rendered in cement. This chamber is to
be provided with an airtight iron cover and ventilated by
a pipe at least 3^ inches diameter carried from the top of
the chamber as a fresh-air inlet, and terminating with a
box fitted with mica valves.
Ventilating (29) At least two untrapped openings shall be provided
plpes- to the drains, one opening being at or near the surface of
the ground to communicate with the drains by means of
a suitable pipe which shall be taken into the inspection
Intercept-
ing traps
and in-
spection
chamber.
HOUSE DRAINAGE AND W.C. REGULATIONS. 515
chamber as previously described, such opening in any
case to be on the house side of the intercepting trap, the
second opening to be made by carrying up from the drain
as far as may be practicable from the first opening a ven-
tilating pipe at least 3£ inches diameter to above the
highest part of the roof and away from all window open-
ings, dormers, chimney stacks, &c. Zinc pipes will not
be allowed.
(30) All inspection chambers, where practicable, to be inspection
constructed in the yards or areas of the premises to be ch
drained.
(31) The overflow or warning pipes from cisterns shall, overflow
where practicable, discharge into the open air, and shall fn^jJJJJJto
not in any case have any direct communication with a soil discharge
-, J . J into open
pipe or drain. air.
(32) All old brick or other disused drains and cesspools, AH old
&c., shall be broken up and destroyed, and the materials d™8iJJ0'0a1nd
forming them and all foul earth and other substances shall to be
be carefully removed, and, if necessary, dry earth or brick filled up'
rubbish shall be brought in to fill up. donekto° be
(33) The whole of the work shall be executed with the satisfac-
best materials of their several kinds, and the drains laid in JjPB °*
7 % GnginoGr or
accordance with the sections furnished by the Engineer to other
the Corporation, and all work to be done to the satisfac-
tion of the Engineer, or other officer deputed by him to He
supervise that work. Depart-
(34) No drain shall be covered in until it has been seen ™* ^.^ to
and approved by such officer, and at least twenty-four be covered
hours' notice shall be given by the applicant to the Public
Health Department, Guildhall, when the drains are ready
for inspection, and if any drain be covered in without such
notice, the Corporation shall be empowered to uncover the
work and recover the expenses of so doing from the person
so offending.
DEMOLITION OF BUILDINGS.
By-laws made by the Mayor and Commonalty and
Citizens of the City of London on the twenty-fourth
day of March, nineteen hundred and four, under
Section 5 of the City of London (Public Health)
Act, 1902, in relation to the Demolition of Buildings
in the City of London.
516 CORPORATION OF LONDON.
1. Every person who shall cause a building within the
City to be demolished shall comply with the follow-
ing rules : —
(1) He shall cause proper fans to be fixed at the level
of the first floor of such building, and of every other floor
where necessary. Before any pulling down is commenced,
he shall cause all windows in the external walls from
which sashes and glass have been removed to be hoarded
up unless a gantry be constructed, and the upper portion
of such gantry boarded in to the full height of the building
to be demolished.
(2) He shall so far as practicable cause the internal
partitions of such building to be pulled down storey by
storey before commencing to take down any of the external
walls of the respective storeys.
(3) He shall cause canvas or boarded or other suitable
screens, or mats, to be placed wherever necessary to pre-
vent nuisance arising from dust.
(4) He shall so far as is necessary, to prevent nuisance
arising from dust cause water constantly to be used on
each floor during the demolition of such building, and all
materials to be freely sprinkled with water.
(5) He shall not cause any ceiling to be broken down,
or any mortar shot or allowed to fall into any basement,
between the hours of 10 a.m. and 6 p.m. on any day ex-
cept Saturday, nor between the hours of 10 a.m. and 2 p.m.
on any Saturday. Provided that this rule shall not apply
in the case of any building or part of a building which
shall not be within 20 feet of a public way.
(6) He shall not cause any materials arising from the
demolition of such building to be carted away, or cause any
carts to be placed across or alongside any footway adjoin-
ing the site of such building for the purpose of carting
away, between the hours of 10 a.m. and 6 p.m. on any
day except Saturday, nor between the hours of 10 a.m.
and 2 p.m. on any Saturday. Provided that this rule
shall not apply in any case where a temporary carriage-
way entrance, or draw-in across such footway has been
provided in such a manner that carts can be loaded within
the premises and without nuisance arising from the
escape of dust.
DEMOLITION OF BUILDINGS. 517
2. Penalties.
Every person who offends against the foregoing by-law
shall be liable for every such offence to a penalty of five
pounds for each breach thereof : Provided nevertheless
that the Justices or Court before whom any complaint
may be made, or any proceeding may be taken, in respect
of any such offence may, if they think fit, adjudge the
payment as a penalty of any sum less than the full amount
of the penalty imposed by this by-law.
Examined,
HOMEWOOD CRAWFORD, (L.S.)
City Solicitor.
The Common Seal of the Mayor and Commonalty and
Citizens of the City of London was affixed to these by-laws
at a duly constituted Meeting of the Court of Common
Council, holden on the second day of June, 1904, and in
my presence.
JAMBS BELL,
Town Clerk.
Allowed by the Local Government Board this twentieth
day of July, 1904.
(L.S.) S. B. PROVIS,
Secretary,
Acting on behalf of the said Board, under
tJie authority of their General Order
dated the twenty-sixth day of May, 1877.
518 CORPORATION OF LONDON.
Application No
COBPOEATION OF LONDON.
(PUBLIC HEALTH DEPARTMENT.)
191
APPLICATION is HEREBY MADE to the Mayor and Com-
monalty and Citizens of the City of London (who are
hereinafter referred to as "the Corporation") by the
undersigned, for permission to
at the premises situate
^Strikeout
does not in the City of London, and *— agree to abide by the con-
ft 1)1*1 V W6 ^
ditions attached hereto so far as they are applicable to
and to any additional or amended conditions which the
Corporation may from time to time make.
ure of Owner
Address
CORPORATION OF LONDON.
(PUBLIC HEALTH DEPARTMENT.)
Plan of Vaults, Pavement Lights, Coal Plates, &c., desired
at premises situate and being : —
Scale. — Not more than 8 feet or less than 4 feet to an
inch.
Signature of Owner —
191
PUBLIC HEALTH DEPARTMENT. 519
CONDITIONS RE VAULTS, PAVEMENT LIGHTS,
COAL PLATES, ETC.
Applications for vaults, pavement lights, and coal plates
will be treated on their merits, and must be accompanied,
with plans and sections drawn to a scale of not more than
8 feet or less than 4 feet to an inch, showing the width of
the footway pavement from the general line of frontage of
the building to the curb.
Persons constructing vaults and fixing pavement lights,
&c., will be required to execute the work to the satisfac-
tion of the Corporation and to pay their contractors the
expenses of taking up and replacing the pavements in ac-
cordance with their schedule of prices.
All pavement lights, curbs and coal plates must be
maintained in good condition, and kept flush with the
pavement.
No board or other projection shall be placed in such a
position as to intercept the rays of light from any public lamp.
Every application for a lamp, clock, or crane shall be
accompanied by drawings, showing the dimensions, mode
of fixing, total projection from the frontage line, the width
of the footway pavement from the general line of frontage
of the building to the curb, and the height from the pave-
ment to the underside of such lamp, clock, or crane.
Applications for lamps must be accompanied with a
specification of the description and power of the light to
be used.
No new cellar flap will be allowed in front of old build-
ings— and no cellar flap will be allowed in front of new
buildings.
No vault, pavement light, coal plate, lamp, clock, crane,
or reflector shall be constructed or fixed until a grant from
the Corporation has been obtained.
All projections over, upon or beneath the public ways
will be permitted only during the pleasure of the Cor-
poration.
Vaults.
The walls and arches shall be built of good hard stock
bricks, set in mortar or cement, at least one brick and a
half in thickness.
520 CORPORATION OF LONDON.
The springing walls shall be at right angles with, and
the front walls parallel with, the general line of the
frontage of the building, and cambered on plan.
The top of each arch shall be at least eighteen inches
below the surface of the pavement.
Iron or steel joists or steel troughing and Portland
cement concrete may be used for covering the vaults,
subject to approval.
Ten feet, measuring from the general line of frontage
of the building to the extreme outer point of the brick-
work of the walls, shall be the greatest projection granted
in any street ; but in streets where the footway has not
so great a projection as 10 feet, to the inside line of the
curb of such footways.
The space between excavated ground and brickwork of
front wall of vaults shall be filled in with concrete. The
spandrils of arches must also be filled in with concrete, so
as to present a level bedding of concrete to follow the fall
of the pavement. A damp course shall be inserted and
all external walls and crown shall be coated with asphalte
in order to render the same impervious to moisture.
In connection with any provision in vaults, areas, or
cellars for the use of electricity for lighting power or for
any other purpose, the pressure between any pair of
terminals or conductors shall not exceed 450 volts, and
the whole of the conducting circuit shall be insulated in
the best possible manner and be encased in a continuous
metallic sheathing, efficiently connected to earth, so as to
ensure at all times an immediate and safe discharge of
electrical energy.
No water-closet will be allowed to be placed beneath
the public way.
'
Pavement Lights.
The maximum projection of pavement lights, measuring
from the general line of frontage of the building to the
inside edge of curb, shall be fifteen inches in footways
3 feet wide — eighteen inches in footways not exceeding
8 feet wide, and twenty -four inches in footways exceeding
8 feet wide.
Pavement lights shall be surrounded by curbs of similar
COAL PLATES AND LAMPS. 521
material to the adjoining pavement or shall be faced with
such material or other approved non-slipping material, and
such curbs shall be not less than 6 inches in width and 6
inches deep if the pavement is composed of York stone,
or 6 inches in width and 4 inches deep if faced with
asphalte or other non-slipping material. If the pavement
is York stone a straight joint is to be made between such
paving and the curbs ; if the curb is faced with asphalte
or other non-slipping material the width of the curb shall
be denned by a lead slip or other approved means. Curbs
shall rest upon brickwork or other support not less than 4£
inches thick. The curbs between pavement lights shall
not be less than 6 inches wide. The frames are to be of
sufficient thickness of ironwork filled in with perforated
iron or glass at least 1 inch thick and not exceeding 4
inches square, and made so as not to open.
Coal Plates.
Goal plates shall be circular, and not more than 12
inches in diameter, and securely let into rabbets cut into the
paving stones, or in rebated iron rings where the footways
are asphalted ; they shall be formed of an approved non-
slip material ; or if to give light to the cellars shall be of
iron frames, the space or width between the bars being
not more than 1-J inches at any point, and filled with glass
lenses.
Whenever practicable, and subject to approval, coal
plates may be inserted in pavement lights.
Lamps.
The underside of any portion of a lamp, other than a
lamp for shop window lighting, shall be not less than 12
feet from the surface of the footway, and, if fitted with a
high power light, not less than 20 feet from the footway
level.
The external dimensions, including frame and ornaments,
shall not exceed 5 feet in height and 3 feet in any other
direction.
No lamp shall project more than 4 feet 6 inches from
the front of the house where the pavement permits, or be
less than 2 feet from the carriageway.
522 CORPORATION OF LONDON.
Advertisements will be permitted on the sides but not
on the bottom of the lamp, and the bottom of lamps shall
in all cases be of clear glass.
All lamps shall be kept lighted from sunset until the
premises upon which they are fixed are closed.
All arc lamps shall be so 'guarded as to prevent pieces
of ignited carbon or broken glass falling from them, and
shall not be used in situations where there is any danger
of the presence of explosive dust or gas.
Lamps for Shop Window Lighting.
The underside of any portion of a lamp for shop window
lighting shall be not less than 8 feet from the pavement
level, the extreme projection over the public way shall
not exceed 3 feet when the width of the footway permits,
and not less than 2 feet from the carriageway. The ex-
ternal dimensions of such lamp shall not exceed 2 feet 3
inches in any direction, and shall not be fitted with high
power lights, unless screened in such a manner as to pre-
vent the rays»of light falling upon the public ways.
Clocks.
The height above the footway and projection of each
clock shall be determined by the Corporation. No letter-
ing, by way of advertisement, shall be placed upon the
dial, the clock shall be illuminated from sunset to mid-
night, and be kept synchronised with Greenwich time at
the expense of the owner.
Cranes.
Cranes fixed against new buildings shall be above the
first-floor level, shall not project more than 3 inches when
flat against the building, and shall be used only during
such hours as the Corporation may prescribe. Cranes
fixed against old or existing buildings shall not project
more than 5 inches when flat against the building.
PUBLIC HEALTH DEPARTMENT. 533
Projecting Boards and Tablets.
Trade advertisement boards and tablets will be per-
mitted provided they do not exceed 3 feet in width by 2
feet in height and 3 inches in thickness, with a projection
of not more than 3 feet 6 inches from the front of the
building to the extreme edge of the board or tablet, but in
no instance beyond 2 feet inside the line of curb ; the
height of such projections must be of a minimum of 9
feet from the pavement to the underside of the board or
tablet.
Letting boards will be permitted, provided they do not
project more than 18 inches from the face of the building,
at a minimum height of 10 feet from the pavement to the
underside of the board.
Daylight Reflectors.
Eeflectors of the Chappuis type to be fixed at a mini-
mum height of 8 feet from the pavement level and to be
of a maximum projection of 3 feet, measured horizontally
from the line of building frontage, provided that such
projection does not come within 18 inches of the line of
curb.
Eeflectors of the Luxfer Canopy type to be fixed at a
minimum height of 10 feet from the pavement level and
to be of a maximum projection of 3 feet, measured hori-
zontally from the line of building frontage, provided such
projection does not come within 18 inches of the line of
curb.
No advertisements will be allowed upon any reflector.
GUILDHALL, E.G.,
Uth March, 1907.
REGULATIONS AND FEES FOB HOAEDS AND
SCAFFOLDS.
As ordered 3rd May, 1887, 5th May, 1891, 7th March,
1893, 25*% January, 1898, and 25th April, 1901.
Communications to be addressed " The Town Clerk,"
Public Health Department, Guildhall, E.G.
524 CORPORATION OF LONDON.
APPLICATIONS.
Each application for hoard or scaffold is to be entered
in a book, with headings for the following information : —
1. Name of street or place, and number of house.
2. Nature of work to be executed.
3. Area of ground level of new premises to be built,
or old premises largely altered.
4. Number of storeys, including ground floor, if new
premises are to be built or old premises altered.
5. Length of hoarding or scaffolding needed.
6. Time for which licence is requested.
7. Name and address of owner.
8. Do. do. architect.
9. Do. do. builder.
10. Date of application.
11. Signature of applicant.
REGULATIONS.
12. The Inspector of Pavements is to report in the
application book the time he thinks needful for the hoard
or scaffold to be licensed ; the licence is then to be made
out, and the conditions entered in the book by the
Engineer's clerk.
13. If there is disagreement between the applicant and
the Inspector as to the time needed, the Engineer will
decide.
14. No hoard or scaffold is to project beyond the foot-
way pavement where it is narrow, nor more than 6 feet
where it is wide enough to admit of such projection ; any
deviation on account of special reasons is to be stated upon
the licence.
15. No hoard is to have doors opening outwards.
16. No scaffold is to be enclosed so as to prevent pas-
sengers passing under it.
17. The lower stages of scaffolds are to be close or
doubly planked ; each stage to have fan and edge boards,
and such other precautions to be taken as the Inspector
of Pavements requires, to prevent dirt or wet falling
upon the public, or for the public safety.
18. No materials are to be deposited below any scaffold.
HOARDS AND SCAFFOLDS. 525
If, in the opinion of the Engineer, it is necessary for the
public safety, a hoard licence to be granted instead -of a
scaffold licence.
19. Where practicable or needed, a boarded platform,
4 feet wide, and as much wider as may be necessary for
the traffic, with stout post rails, and wheel kerbs on the
outside of it, are to be constructed outside the hoard or
scaffold, as the Inspector may direct.
20. Where it is necessary in the public interest, appli-
cants shall form a gantry, stage, or bridge over the public
way, if required, so as to allow the foot passengers to pass
beneath it. The gantry is to be double planked, and so
constructed as to prevent dust, rubbish, or water falling
upon the foot passengers, and the licencee shall keep the
public way beneath it clean to the satisfaction of the
Inspector.
21. Hoards and scaffolds are to be watched and lighted
at night.
22. All fire hydrants must be left unenclosed in recesses
formed of such size and in such manner as may enable
the hydrant to be easily got at and used.
23. Public lamps are not to be enclosed without the
permission of the Engineer. When such enclosure is
permitted, the applicant shall put a lamp or lamps
temporarily outside the hoard or scaffold, so that the
public way may be properly lighted.
24. The licencee shall undertake to employ and pay
the contractors to the Corporation to make good the
pavements, lamps, and all works disturbed, to the satis-
faction of the Engineer.
25. No advertisements allowed on hoardings unless
specially licensed.
26. The frontage lines of all new buildings will be
checked by the Engineer, and due notice must be given
to him before ground level is reached.
27. Whenever hoardings are erected in two thorough-
fares in connection with premises constituting one build-
ing, half fees will be charged for the separate hoarding in
the minor street.
28. Trade advertisements, when exceeding 10 feet super,
in total area, will be charged for at the same rates as
placards. >
526 CORPORATION OF LONDON.
29. Licences are not allowed to be transferred, and each
contractor utilising a hoarding will be required to take
out a licence — notwithstanding that a licence may have
been previously taken out for its erection.
FEES FOE LICENCES (without the right to
advertise).
For hoards.
£ s. d.
If to remain not more than two weeks, per foot
lineal of frontage - - 0 0 6
If over two weeks and not more than four weeks,
per foot lineal - - 0 1 6
If over four weeks and not more than eight
weeks, per foot lineal -046
If over eight weeks and not more than twelve
weeks, per foot lineal - 0 9 0
For every month or part of a month beyond the
twelve weeks, per foot lineal - - 0 5 0
For scaffolds.
If to remain not more than two weeks, per foot
lineal of frontage - -004
If more than two weeks and not more than four
weeks, per foot lineal - 0 1 0
If more than four weeks and not more than
eight weeks, per foot lineal - - 0 3 0
If more than eight weeks and not more than
twelve weeks, per foot lineal - - 0 6 0
If more than twelve weeks and not more than
sixteen weeks, per foot lineal - - 0 10 0
For every month or part of a month beyond the
sixteen weeks, per foot lineal - - - 0 5 0
PUBLIC HEALTH DEPARTMENT. 527
For raking shores.
£ s. d.
If to -.remain not more than two weeks, each - 0 5 0
If more than two weeks and not more than four
weeks, each - - 0 15 0
If more than four weeks and not more than eight
weeks, each - - 2 0 0
If more than eight weeks and not more than
twelve weeks, each - - 4 0 0
For every month or part of a month beyond
twelve weeks - - 2 0 0
For flying shores.
If to remain not more than two weeks, each - 0 2 6
If more than two weeks and not more than
four weeks, each - - 0 7 6
If more than four weeks and not more than
eight weeks, each - - 1 0 0
If more than eight weeks and not more than
twelve weeks, each - - 2 0 0
For every month or part of a month beyond
twelve weeks, each - - 1 0 0
No fee, either for hoard or scaffold, to be more than
£10, without the right to advertise.
When a licence (without the right to advertise) is re-
newed, the fee is to be that which would have been
charged had the licence been taken out for the full time
at first, less the sum of money already paid for the first
licence.
For the right to advertise.
In addition to the Scale of Fees charged as above for
hoards without the privilege of advertising, the following
payments have to be made for the right to advertise, viz. :
10s. per 100 feet super., per month (or part of a month)
of four weeks, in first-class streets and the return front-
ages thereto ; 5s. per 100 feet super., per month of four
weeks, in all other streets.
528
CORPORATION OF LONDON.
Applicants for licences are requested to attend at the
Engineer's Office, Public Health Department, between the
hours of 10 and 10.30 a.m. to sign the necessary forms.
LIST OF FIRST-CLASS STEEETS.
Adelaide Place.
Aldersgate Street.
Aldgate.
Aldgate High Street.
Barbican.
Beech Street.
Bishopsgate Street Within.
Do. Without.
Blackfriars Bridge Ap-
proach.
Blomfield Street.
Cannon Street.
Chancery Lane.
Charterhouse Street.
Cheapside.
Cornhill.
Eastcheap.
Farringdon Street.
Fenchurch Street.
Finsbury Pavement.
Fleet Street.
Fore Street.
Gracechurch Street.
Great Tower Street.
Gresham Street.
Holborn.
Holborn Circus.
Holborn Viaduct.
Houndsditch.
King Street, Cheapside.
King William Street.
Leadenhall Street.
Liverpool Street.
Lombard Street.
London Wall.
Long Lane.
Lothbury.
Lower Thames Street.
Ludgate Circus.
Ludgate Hill.
Mansion House Street.
Moor gate Street.
New Bridge Street.
New Broad Street.
Newgate Street.
Old Broad Street.
Poultry.
Prince's Street.
Queen Street.
Queen Street Place.
Queen Victoria Street.
St. Andrew Street.
St. Bride Street.
St. Martin's-le-Grand.
St. Paul's Churchyard.
Threadneedle Street.
Throgmorton Street.
Upper Thames Street.
Victoria Embankment Ap-
proach.
West Smithfield.
.
529
LONDON COUNTY COUNCIL.
BY-LAWS RELATINGpO
SANITATION.
1. By-laws and regulations made under the Public Health
(London) Act, 1891 531-572
2. By-laws and regulations of the County of London
under the Metropolis Management Acts which are in
force under the Borough Councils - - - 573-583
3. Regulations made under the Metropolis Water Act,
1871 584-589
34
530
BY-LAWS MADE BY THE LONDON
COUNTY COUNCIL.
By-laws made by the London County Council under the Public
Health (London) Act, 1891, under Section 16 (2).
SECTION PAGE
2. As to the closing and filling up of cesspools and privies 531
4-12. As to removal and disposal of refuse, and as to the
duties of the occupier of any premises in connection
with house refuse so as to facilitate the removal of
it by the scavengers of the sanitary authority - 532-535
By-laws under Section 16 (2).
For prescribing the times for the removal or carriage
by road of any fsecal or offensive or noxious mat-
ter, &c. 535-547
By-laws under Section 39 (1).
With respect to water-closets, earth-closets, privies, ash-
pits, cesspools, and receptacles for dung, and the
proper accessories thereof in connection with build-
ings, whether constructed before or after the passing
of this Act 547, 548
By-law under Section 39 (1).
With respect to water-closets and the proper accessories
thereof in connection with buildings, whether con-
structed before or after the passing of this Act - 548-550
531
LONDON COUNTY COUNCIL.
BY-LAWS MADE BY THE LONDON
COUNTY COUNCIL UNDER THE
PUBLIC HEALTH (LONDON) ACT,
1891.
BY-LAWS UNDER SECTION 16 (2).
'(1) [NOTE. — By-law No. 1 has been repealed by a by-law
made. by the Council on Wth October, 1901, and allowed by
the Local Government Board on S&th November, 1901, and
which is set out below, together with the by-laivs made in
place of the repealed by-law.]
As to the closing and filling up of cesspools and privies.
(2) Any person who shall by any works or by any struc- closing
tural alteration of any premises render the further use u5do?ces^
of a cesspool or privy unnecessary, and the owner of any pools and
premises on which shall be situated a disused cesspool or p™
privy, or a cesspool or privy which has become unneces-
sary, shall completely empty such cesspool or privy of all
faecal or offensive matter which it may contain, and shall
completely remove so much of the floor, walls, and roof of
such privy or cesspool as can safely be removed, and all
pipes and drains leading thereto or therefrom, or connected
therewith, and any earth or other material contaminated
by such faecal or offensive matter. He shall completely
close and fill up the cesspool with good concrete or with
suitable dry clean earth, dry clean brick rubbish, or other
dry clean i material, and where the walls of such cesspool
shall not have been completely removed, he shall cover the
532 LONDON COUNTY COUNCIL.
surface of the space so filled up with earth, rubbish, or
material, with a layer of good concrete 6 inches thick.
(3) Every person who shall propose to close or fill up any
cesspool or privy shall, before commencing any works for
such purpose, give to the Sanitary Authority for the district
not less than forty-eight hours' notice in writing, exclusive
of Sunday, Good Friday, Christmas Day, or any bank
holiday, specifying the hour at which he will commence
the closing and filling up of such cesspool or privy, and
during the progress of any such work shall afford any
officer of the Sanitary Authority free access to the premises
for the purpose of inspecting the same.
As to the removal and disposal of refuse and as to the
duties of the occupier of any premises in connection
with house refuse so as to facilitate the removal of it by
the Scavengers of the Sanitary Authority.
Removal (4) The occupier of any premises who shall remove or
posa^of cause to be removed any refuse produced upon his premises
refuse. shall not, in the process of removal, deposit such refuse, or
cause or allow such refuse to be deposited upon any foot-
way, pavement, or carriageway.
Provided that this by-law shall not be deemed to prohibit
the occupier of any premises from depositing upon the kerb-
stone or upon the outer edge of the footpath immediately
in front of his house, between such hours of the day as the
Sanitary Authority shall fix and notify by public announce-
ment in their district, a proper receptacle containing house
refuse, other than night soil or filth, to be removed by the
Sanitary Authority in accordance with any by-law in that
behalf.
(5) Every person who shall convey any house, trade, or
street refuse across or along any footway, pavement, or
carriageway, shall use a suitable receptacle, cart, carriage,
or other means of conveyance properly constructed so as to
prevent the escape of the contents thereof, and in the case
of offensive refuse so covered as to prevent any nuisance
therefrom, and shall adopt such other precautions as may
be necessary to prevent any such refuse from being slopped
or spilled, or from falling in the process of removal upon
such footway, pavement, or carriageway.
BY-LAWS AS TO HOUSE REFUSE. 533
If in the process of such removal any such refuse be
slopped or spilled, or fall upon such footway, pavement, or
carriageway, such persons shall forthwith remove such
refuse from the place whereon the same may have been
slopped or spilled, or may have fallen, and shall immediately
thereafter thoroughly sweep or otherwise thoroughly cleanse
such place.
(6) Where the Sanitary Authority arrange for the daily gjjj
removal of house refuse in their district or in any part bouse
thereof, the occupier of any premises in such district or refu8e-
part thereof on which any house refuse may from time to
time accumulate shall, at such hour of the day as the Sani-
tary Authority shall fix and notify by public announcement
in their district, deposit on the kerbstone or on the outer
edge of the footpath immediately in front of the house or
in a conveniently accessible position on the premises, as the
Sanitary Authority may prescribe by written notice served
upon the occupier, a moveable receptacle, in which shall be
placed, for the purposes of removal by or on behalf of
the Sanitary Authority, the house refuse which has ac-
cumulated on such premises since the preceding collection
by such authority.
The Sanitary Authority shall collect such refuse, or cause
the same to be collected, between such hours of the day as
they have fixed and notified by public announcement in
their district.
(7) The Sanitary Authority shall cause to be removed n
less frequently than once in every week the house refuse ho
produced on all premises within their district. refuse.
(8) Where, for the purposes of subsequent removal, any offensive
cargo, load, or collection of offensive refuse has beenre
temporarily brought to or deposited in any place within a
sanitary district, the owner (whether a Sanitary Authority
or any other person) or consignee of such cargo, load, or
collection of refuse, or any person who may have undertaken
to deliver the same, or who is in charge of the same, shall
not without a reasonable excuse permit or allow or cause
such refuse to remain in such place for a longer period
than twenty- four hours.
Provided (a) that this by-law shall not apply in cases
where the place of temporary deposit is distant at least one
hundred yards from any street, and is distant at least three
534 LONDON COUNTY COUNCIL.
hundred yards from any building or premises used wholly
•or partly for human habitation, or as a school, or as a place
of public worship or of public resort or public assembly, or
from any building or premises in or on which any person
may be employed in any manufacture, trade, or business, or
from any public park or other open space dedicated or used
for the purposes of recreation, or from any reservoir or
stream used for the purposes of domestic water supply ; (6)
that this by-law shall not prohibit the deposit, within the
prescribed distance, of road slop unmixed with stable
manure for any period not exceeding one week, which
may be necessary for the separation of water there-
from.
(9) Where a Sanitary Authority or some person on their
behalf shall remove any offensive refuse from any street
•or premises within their district, such Sanitary Authority
or such person shall properly destroy by fire or otherwise
•dispose of such refuse in such manner as to prevent
nuisance.
Provided always that this by-law shall not be deemed to
require or permit any Sanitary Authority or person to dis-
pose of or destroy by fire any night soil, swine's-dung, or
cow-dung.
(10) A Sanitary Authority or any person on their behalf
who shall remove any offensive refuse from any street or
premises within their district shall not deposit such refuse,
otherwise than in the course of removal, at a less distance
than three hundred yards from any two or more buildings
used wholly or partly for human habitation or from any
building used as a school, or as a place of public resort or
public assembly, or in which any person may be employed
in any manufacture, trade, or business, or from any public
park or other open space dedicated or used for the purpose
of recreation, or from any reservoir or stream used for the
purposes of domestic water supply.
Provided always that this by-law shall not be deemed to
Chibit such deposit of such refuse for a period of twenty-
r hours, when such refuse is deposited for the purpose
of being destroyed by fire, in accordance with any by-law
in that behalf.
(11) For the purposes of the foregoing by-laws the ex-
pression " offensive refuse " means any refuse, whether
BY-LAWS AS TO REMOVAL OF OFFENSIVE MATTER. 535
" house refuse," "trade refuse," or " street refuse," in
such a condition as to be liable to become offensive.
Penalties.
(12) Every person who shall offend against any of the Penaitif
foregoing by-laws shall be liable for every such offence to a
penalty of five pounds, and in the case of a continuing
offence to a further penalty of forty shillings for each day
after written notice of the offence from the Sanitary
Authority. Provided nevertheless that the Court before
whom any complaint may be made, or any proceedings
may be taken in respect of any such offence, may, if the
Court think fit, adjudge the payment as a penalty if any
sum less than the full amount of the penalty imposed by
this by-law.
The seal of the London County Council was hereunto
affixed on the 22nd day of June, 1893.
(L.S.) H. DE LA HOOKE,
Clerk of the Council.
Allowed by the Local Government Board this twenty-
eighth day of June, 1893.
(L.S.) HENRY H, FOWLER,
President,
HUGH OWEN,
Secretary^
BY-LAWS UNDER SECTION 16 (2).
For prescribing the times for the removal or carriage by
road of any fcecal or offensive or noxious matter or
liquid in or through London, and providing that the
carriage or vessel used for the removal or carriage by
road or water of any such matter or liquid in or
through London shall be properly constructed and
covered so as to prevent the escape of any such matter
or liquid, and as to prevent any nuisance arising
therefrom.
536 LONDON COUNTY COUNCIL.
(1) Every person who shall remove or carry, or cause to
be removed or carried, by road or water in or through
London any faecal or offensive or noxious matter or liquid,
whether such matter or liquid shall be in course of removal
or carriage from within or without or through London,
shall use or cause to be used therefor a suitable carriage
or vessel properly constructed and furnished with a suffici-
ent covering so as to prevent the escape of any matter or
liquid therefrom, and so as to prevent any nuisance arising
therefrom.
Such person shall not remove or carry, or cause to be
removed or carried, such matter or liquid by road in or
through London, except during the following periods, viz. —
Between 4 o'clock a.m. and 10 o'clock a.m. in any day
during the months of March, April, May, June, July,
August, September, and October.
Between 6 o'clock a.m. and 12 o'clock at noon in any
day during the months of November, December, January,
and February.
This by-law shall not apply to any person removing or
carrying manure, consisting only of horse-dung with a
sufficient portion of straw to render it inoffensive, and
shall not apply to any person removing or carrying in a
suitable carriage or vessel as aforesaid manure consisting
of horse-dung and litter other than straw.
(2) Every person who shall offend against the foregoing
by-law shall be liable for every such offence to a penalty
of five pounds, and, in the case of a continuing offence, to
a further penalty of forty shillings for each day after
written notice of the offence from the Sanitary Authority.
Provided, nevertheless, that the justices or Court before
whom any complaint may be made or any proceedings may
be taken in respect of any such offence may, if they think
fit, adjudge the payment as a penalty of any sum less than
the full amount of the penalty imposed by this by-law.
Repeal of By-law.
(3) From and after the date of the confirmation of these
by-laws, the by-law numbered 1 (one) in the series of
by-laws which was made by the London County Council
under section 16 (2) of the Public Health (London) Act,
BY-LAWS AS TO WATER-CLOSETS, ETC. 537
1891, on the twenty-second day of June in the year one
thousand eight hundred and ninety-three, and was con-
firmed by the Local Government Board on the 28th day of
June in the year one thousand eight hundred and ninety-
three shall be repealed.
The seal of the London County Council was hereunto
affixed on the 10th day of October, 1901.
(L.S.) G. L. GOMME,
Clerk of the Council.
Allowed by the Local Government Board this twenty-
sixth, day of November, 1901.
(L.S.) S. B. PBOVIS,
Secretary,
Acting on behalf of the said Board, under the
autlwrity of their General Order dated
the twenty-sixth day of May, 1877.
BY-LAWS UNDEE SECTION 39 (1).
With respect to water-closets, earth-closets, privies, ashpits,
cesspools, and receptacles for dung, and the proper
accessories thereof in connection with buildings,
whether constructed before or after the passing of
this Act.
(1) Every person who shall hereafter construct a water- water-
closet or earth-closet in connection with a building, shall ^^^ ftnd
construct such water-closet or earth-closet in such a posi- closets,
tion that, in the case of a water-closet, one of its sides at
the least shall be an external wall, and in the case of an
earth-closet two of its sides at the least shall be external
walls, which external wall or walls shall abut immedi-
ately upon the street, or upon a yard or garden or open
space of not less than 100 square feet of superficial
area, measured horizontally at a point below the level
of the floor of such closet. He shall not construct
any such water-closet so that it is approached directly from
any room used for the purpose of human habitation, or
used for the manufacture, preparation, or storage of food
538 LONDON COUNTY COUNCIL.
for man, or used as a factory, workshop, or workplace, nor
shall he construct any earth-closet so that it can be entered
otherwise than from the external air.
He shall construct such water-closet so that on any side
on which it would abut on a room intended for human
habitation, or used for the manufacture, preparation, or
storage of food for man, or used as a factory, workshop,
or workplace, it shall be enclosed by a solid wall or
partition of brick or other materials, extending the entire
height from the floor to the ceiling.
He shall provide any such water-closet that is approached
from the external air with a floor of hard smooth im-
pervious material, having a fall to the door of such water-
closet of half an inch to the foot.
He shall provide such water-closet with proper doors
and fastenings.
Provided always that this by-law shall not apply to any
water-closet constructed below the surface of the ground
and approached directly from an area or other open space
available for purposes of ventilation, measuring at least
40 superficial feet in extent, and having a distance across
of not less than 5 feet, and not covered in otherwise
than by a grating or railing.
(2) Every person who shall construct a water-closet in
connection with a building, whether the situation of such
water-closet be or be not within or partly within such
building, and every person who shall construct an earth-
closet in connection with a building, shall construct in one
of the walls of such water-closet or earth-closet which shall
abut upon the public way, yard, garden, or open space, as
provided by the preceding by-law, a window of such
dimensions that an area of not less than 2 square feet,
which may be the whole or part of such window, shalj
open directly into the external air.
He shall, in addition to such window, cause such water-
closet or earth-closet to be provided with adequate means
of constant ventilation by at least one air-brick built in an
external wall of such water-closet or earth-closet, or by an
air-shaft, or by some other effectual method or appli-
ance.
water- (3) Every person who shall construct a water-closet in
closets. Qonpection with a building, shall furnish such watei-Tcloset
BY-LAWS AS TO WATER-CLOSETS, ETC. 539
with a cistern of adequate capacity for the purpose of
flushing, which shall be separate and distinct from any
cistern used for drinking purposes, and shall be so con-
structed, fitted, and placed as to admit of the supply of
water for use in such water-closet so that there shall not
be any direct connection between any service pipe upon
the premises and any part of the apparatus of such
water-closet other than such flushing cistern.
Provided always that the foregoing requirement shall
be deemed to be complied with in any case where the
apparatus of a water-closet is connected for the purpose of
flushing with a cistern of adequate capacity, which is used
solely for flushing water-closets or urinals.
He shall construct or fix the pipe and union connecting
such flushing cistern with the pan, basin, or other recep-
tacle with which such water-closet may be provided, so that
such pipe and union shall not in any part have an internal
diameter of less than one inch and a quarter.
He shall furnish such water-closet with a suitable ap-
paratus for the effectual application of water to any pan,
basin, or other receptacle with which such apparatus may
be connected and used, and for the effectual flushing and
cleansing of such pan, basin, or other receptacle, and for
the prompt and effectual removal therefrom and from the
trap connected therewith of any solid or liquid filth which
may from time to time be deposited therein.
He shall furnish such water-closet with a pan, basin, or
other suitable receptacle of non-absorbent material, and of
such shape, of such capacity, and of such mode of construc-
tion as to receive and contain a sufficient quantity of water,
and to allow all filth which may from time to time be de-
posited in such pan, basin, or receptacle to fall free of the
sides thereof and directly into the water received and con-
tained in such pan, basin, or receptacle.
He shall not construct or fix under such pan, basin, or
receptacle any " container " or other similar fitting.
He shall construct or fix immediately beneath or in con-
nection with such pan, basin, or other suitable receptacle,
an efficient syphon trap, so constructed that it shall at all
times maintain a sufficient water seal between such pan,
basin, or other suitable receptacle and any drain or soil
pipe in connection therewith. He shall not construct or
540 LONDON COUNTY COUNCIL.
fix in or in connection with the water-closet apparatus any
D trap or other similar trap.
* * * * * *
/4\ * * * * * *
(NOTE. — The last paragraph of by-law 3 and the whole
of by-law 4 have been repealed by a by-law made by the
Council on 26th July, 1899, and allowed by the Local
Government Board on \kth June, 1901, and which is set
out below.)
Water- (5) A person who shall newly fit or fix any apparatus in
closet*. connection with any existing water-closet, shall as regards
such apparatus and its connection with any soil pipe or
drain, comply with such of the requirements of the fore-
going by-laws as would be applicable to the apparatus so
fitted or fixed if the water-closet were being newly con-
structed.
Earth- (6) Every person who shall construct an earth-closet in
closets. connection with a building shall furnish such earth-closet
with a reservoir or receptacle, of suitable construction and
of adequate capacity, for dry earth, and he shall construct
and fix such reservoir or receptacle in such a manner and
in such a position as to admit of ready access to such re-
servoir or receptacle for the purpose of depositing therein
the necessary supply of dry earth.
He shall construct or fix in connection with such reser-
voir or receptacle suitable means of apparatus for the fre-
quent and effectual application of a sufficient quantity of
dry earth to any filth which may from time to time be
deposited in any receptacle for filth constructed, fitted, or
used, in or in connection with such earth-closet.
He shall construct such earth-closet so that the contents
of such reservoir or receptacle may not at any time be ex-
posed to any rainfall or to the drainage of any waste water
or liquid refuse from any premises.
(7) Every person who shall construct an earth-closet
in connection with a building shall construct such earth-
closet for use in combination with a moveable receptacle
for filth.
He shall construct such earth-closet so as to admit of a
moveable receptacle for filth, of a capacity not exceeding
2 cubic feet, being placed and fitted beneath the seat in
such a manner and in such a position as may effectually
BY-LAWS AS TO WATER-CLOSETS, ETC. 541
prevent the deposit upon the floor or sides of the space
beneath such seat, or elsewhere than in such receptacle, of
any filth which may from time to time fall or be cast
through the aperture in such seat.
He shall construct such receptacle for filth in such a
manner and in such a position as to admit of the frequent
and effectual application of a sufficient quantity of dry
earth to any filth which may be from time to time deposited
in such receptacle for filth, and in such a manner and in
such a position as to admit of ready access for the purpose
of removing the contents thereof.
He shall also construct such earth-closet so that the con-
tents of such receptacle for filth may not at any time be
exposed to any rainfall or to the drainage of any waste
water or liquid refuse from any premises.
(8) Every person who shall construct a privy in connec- Privies,
tion with a building shall construct such privy at a distance
of 20 feet at the least from a dwelling-house, or public
building, or any building in which any person may be or
may be intended to be employed in any manufacture, trade,
or business.
(9) A person who shall construct a privy in connection
with a building shall not construct such privy within the
distance of 100 feet from any well, spring, or stream
of water used, or likely to be used, by man for drink-
ing or domestic purposes, or for manufacturing drinks
for the use of man, or otherwise in such a position as to
render any>such water liable to pollution.
(10) Every person who shall construct a privy in con-
nection with a building shall construct such privy in such
a manner and in such a position as to afford ready means
of access to such privy, for the purpose of cleansing such
privy and of removing filth therefrom, and in such a manner
and in such a position as to admit of all filth being removed
from such privy, and from the premises to which such
privy may belong, without being carried through any
dwelling-house, or public building, or any building in which
any person may be or may be intended to be employed in
any manufacture, trade, or business.
(11) Every person who shall construct a privy in con-
nection with a building shall provide such privy with a
sufficient opening for ventilation as near to the top as
542 LONDON COUNTY COUNCIL.
practicable and communicating directly with the external
air.
He shall cause the floor of such privy to be flagged or
paved with hard tiles or other non-absorbent material, and
he shall construct such floor so that it shall be in every
part thereof at a height of not less than 6 inches above
the level of the surface of the ground adjoining such privy,
and so that such floor shall have a fall or inclination
towards the door of such privy of half an inch to the foot.
(12) Every person who shall construct a privy in con-
nection with a building shall construct such privy for use
in combination with a moveable receptacle for filth, and
shall construct over the whole area of the space immedi-
ately beneath the seat of such privy a floor of flagging or
asphalt or some suitable composite material, at a height
of not less than 3 inches above the level of the surface
of the ground adjoining such privy ; and he shall cause the
whole extent of each side of such space between the floor
and the seat, other than any part that may be occupied by
any door or other opening therein, to be constructed of
flagging, slate, or good brickwork, at least 9 inches thick,
and rendered in good cement or asphalted.
He shall construct the seat of such privy, the aperture
in such seat, and the space beneath such seat, of such
dimensions as to admit of a moveable receptacle for filth
of a capacity not exceeding 2 cubic feet being placed and
fitted beneath such seat in such a manner and in such a
position as may effectually prevent the deposit, upon the
floor or sides of the space beneath such seat or elsewhere
than in such receptacle, of any filth which may from time
to time fall or be cast through the aperture in such seat.
He shall construct such privy so that for the purpose
of cleansing the space beneath the seat, or of removing
therefrom or placing or fitting therein an appropriate
receptacle for filth, there shall be a door or other opening
in the back or one of the sides thereof capable of being
opened from the outside of the privy, or in any case where
such a mode of construction may be impracticable, so that
for the purposes aforesaid the whole of the seat of the privy
or a sufficient part thereof may be readily moved or
adjusted.
(13) A person who shall construct a privy in connection
BY-LAWS AS TO WATER-CLOSETS, ETC. 543
with a building shall not cause or suffer any part of the
space under the seat of such privy, or any part of any
receptacle for filth in or in connection with such privy, to
communicate with any drain.
(14) Every person who shall intend to construct anywate*-
water-closet, earth-closet, or privy, or to fit or fix in or in ^rth*8'
connection with any water-closet, earth-closet, or privy any closets, and
apparatus or any trap or soil pipe, shall, before executing prmes-
any such works, give notice in writing to the clerk of the
Sanitary Authority.
(15) Every owner of an earth-closet or privy existing at Earth-
the date of the confirmation of these by-laws shall, before
the expiration of six months from and after such date of
confirmation, cause the same to be reconstructed in such
manner that its position, structure, and apparatus shall
comply with such of the requirements of the foregoing
by-laws as are applicable to earth-closets, or privies newly
constructed.
(16) When any person shall provide an ashpit in con- Ashpits,
nection with a building, he shall cause the same to consist
of one or more movable receptacles sufficient to contain
the house refuse which may accumulate during any period
not exceeding one week. Each of such receptacles shall
be constructed of metal and shall be provided with one or
more suitable handles and cover. The capacity of each of
such receptacles shall not exceed 2 cubic feet.
Provided that the requirement as to the size of each of
such receptacles shall not apply to any person who shall
construct such receptacle or receptacles in connection with
any premises to which there is attached as part of the
conditions of tenancy the right to dispose of house refuse
in an ashpit used in common by the occupiers of several
tenancies, but in no case shall such ashpit be of greater
capacity than is required to enable it to contain the refuse
which may accumulate during any period not exceeding
one week.
(17) The occupier of any premises who shall use any
ashpit shall, if such ashpit consist of a movable receptacle,
cause such receptacle to be kept in a covered place, or to
be properly covered, so that it shall not be exposed to
rainfall, and if such ashpit consist of a fixed receptacle, he
shall cause the same to be kept properly covered.
544 LONDON COUNTY COUNCIL.
(18) Where the Sanitary Authority have arranged for
the daily removal of house refuse in their district, or in any
part thereof, the owner of any premises in such district
or part thereof shall provide an ashpit which shall consist
of one or more movable receptacles, sufficient to contain the
house refuse which may accumulate during any period not
exceeding three days, which the Sanitary Authority may
determine, and of which the Sanitary Authority shall give
notice by public announcement in their district. Each of
such receptacles shall be constructed of metal, and pro-
vided with one or more suitable handles and cover. The
capacity of each of such receptacles shall not exceed 2
cubic feet.
Provided always that this by-law shall not apply to the
owner of any premises until the expiration of three months
after the Sanitary Authority have publicly notified their
intention to adopt a system of daily collection of house
refuse in that part of their district which comprises such
premises.
(19) When any receptacle shall have been provided
as an ashpit for any premises in pursuance of any by-
law in that behalf, no person shall deposit the house
refuse which may accumulate on such premises in any
ashpit that does not comply with the requirements of
these by-laws.
Cesspools. (20) Every person who shall construct a cesspool in con-
nection with a building, shall construct such cesspool at a
distance of 100 feet at the least from a dwelling-house, or
public building, or any building in which any person may
be, or may be intended to be, employed in any manufacture,
trade, or business.
(21) A person who shall construct a cesspool in connec-
tion with a building, shall not construct such cesspool
within the distance of one hundred feet from any well,
spring, or stream of water.
(22) Every person who shall construct a cesspool in con-
nection with a building, shall construct such cesspool in
such a manner and in such a position as to afford ready
means of access to such cesspool, for the purpose of cleans-
ing such cesspool, and of removing the contents thereof,
and in such a manner and in such a position as to admit
of the contents of such cesspool being removed therefrom,
BY-LAWS AS TO CESSPOOLS, &c. 545
and from the premises to which such cesspool may belong,
without being carried through any dwelling-house, or
public building, or any building in which any person may
be, or may be intended to be, employed in any manufacture,
trade, or business.
He shall not in any case construct such cesspool so that
it shall have, by drain or otherwise, any means of com-
munication with any sewer or any overflow outlet.
(23) Every person who shall construct a cesspool in
connection with a building shall construct such cesspool
of good brickwork bedded and grouted in cement, properly
rendered inside with cement, and with a backing of at
least 9 inches of well -puddled clay around and beneath
such brickwork, and so that such cesspool shall be per-
fectly watertight.
He shall also cause such cesspool to be arched or other
wise properly covered over, and to be provided with ade-
quate means of ventilation.
(24) A person shall not use any receptacle for dung so Recep-
constructed or placed that one of its sides shall be formed dung8
by the wall of any room used for human habitation, or
under a dwelling-house, factory, workshop, or workplace,
and he shall not use any receptable in such a situation
that it would be likely to cause a nuisance or become
injurious or dangerous to health.
(25) Every owner of any existing receptacle for dung
shall, before the expiration of six months from the date of
the confirmation of these by-laws, and every person who
shall construct a receptacle for dung, shall cause such
receptacle to be so constructed that its capacity shall not
be greater than 2 cubic yards, and so that the bottom or
floor thereof shall not, in any case, be lower than the
surface of the ground adjoining such receptacle.
He shall so construct such receptacle that a sufficient
part of one of its sides shall be readily removable for the
purpose of facilitating cleansing.
He shall also cause such receptacle to be constructed in
such a manner and of such materials, and to be maintained
at all times in such a condition as to prevent any escape
of the contents thereof, or any soakage therefrom into the
ground or into the wall of any building.
He shall cause such receptacle to be so constructed that
35
546 LONDON COUNTY COUNCIL.
no rain or water can enter therein, and so that it shall be
freely ventilated into the external air.
Provided that a person who shall construct a receptacle
for dung, the whole of the contents of which are removed
not less frequently than every forty-eight hours, shall not
be required to construct such receptacle so that its capacity
shall not be greater than 2 cubic yards.
And provided that a person who shall construct a
receptacle for dung, which shall contain only dung of
horses, asses, or mules with stable litter, and the whole of
the contents of which are removed not less frequently than
every forty-eight hours, may, instead of all other require-
ments of this by-law, construct a metal cage, and shall
beneath such metal cage adequately pave the ground at a
level not lower than the surrounding ground, and in such
a manner and to such an extent as will prevent any
soakage into the ground ; and if such cage be placed near
to or against any building he shall adequately cement the
wall of such building in such a manner and to such an
extent as will prevent any soakage from the dung within
or upon such receptacle into the wall of such building.
(26) [NOTE. — By-law No. 26 has been repealed by a by-
law made by the Council on 10th November, 1904, and
allowed by the Local Government Board on 3rd January,
1905, and which is set out below, together with the by-laws
made in place of the repealed by-law.]
Mainten- (27) The owner of any premises shall maintain in proper
closets! AC. con(iition of repair every water-closet, earth-closet, privy,
ashpit, cesspool, and receptacle for dung, and the proper
accessories thereof belonging to such premises.
Penalties.
Penalties. (28) Every person who shall offend against any of the
foregoing by-laws shall be liable for every such offence to
a penalty of five pounds, and in the case of a continuing
offence to a further penalty of forty shillings for each day
after written notice of the offence from the Sanitary
Authority. Provided nevertheless that the Court before
whom any complaint may be made or any proceedings
may be taken in respect of any such offence may, if the
Court think fit, adjudge the payment as a penalty of any
BY-LAWS AS TO WATER-CLOSETS. 547
sum less than the full amount of the penalty imposed by
this by-law.
The seal of the London County Council was hereunto
affixed on the twenty-second day of June, 1893.
(L.S.) H. DE LA HOOKE,
Clerk of the Council.
Allowed by the Local Government Board this twenty-
eighth day of June, 1893.
(L.S.) HENRY H. FOWLEK,
President.
HUGH OWEN,
Secretary.
BY-LAW UNDER SECTION 39 (1)
With respect to water-closets and the proper accessories
thereof in connection with buildings, whether con-
structed before or after the passing of this Act.
From and after the date of the confirmation of this by-
law, the by-law numbered 4, and so much cf the by-law
numbered 3 as provides as follows, that is to say —
"If he shall construct any water-closet or shall
fix or fit any trap to any existing water-closet or in
connection with a soil pipe, which is itself in connection
with any other water-closet, he shall cause the trap of
every such water-closet to be ventilated into the open
air at a point as high as the top of the soil pipe, or into
the soil pipe at a point above the highest water-closet
connected with such soil pipe, and so that such venti-
lating pipe shall have in all parts an internal diameter
of not less than 2 inches, and shall be connected
with the arm of the soil pipe at a point not less than
3 and not more than 12 inches from the high-
est part of the trap and on that side of the water
seal which is nearest to the soil-pipe " —
in the series of by-laws with respect to " water-closets,
earth-closets, privies, ashpits, cesspools, and receptacles for
dung, and the proper accessories thereof in connection
548 LONDON COUNTY COUNCIL.
with buildings, whether constructed before or after the
passing of this Act," which was made by the London
County Council on the twenty-second day of June, 1893,
and confirmed by the Local Government Board on the
twenty-eighth day of June, 1893, shall be repealed.
The seal of the London County Council was hereunto
affixed on the twenty-sixth day of July, 1899.
(L.S.) C. J. STEWART,
Clerk of the Council.
Allowed by the Local Government Board this fourteenth
day of June, 1901.
(L.S.) S. B. PROVIS,
Secretary,
Acting on behalf of the said Board under
the authority of their General Order
dated the twenty-sixth day of May, 1877.
By-laws made by the London County Council under
Section 39 (1) of the Public Health (London) Act,
1891, with respect to the water-closets, earth-closets,
privies, and receptacles for dung.
(1) The occupier of any premises shall cause every water-
closet belonging to such premises to be thoroughly
cleansed from time to time as often as may be necessary
for the purpose of keeping such water-closet in a cleanly
condition.
The occupier of any premises shall once at least in
every week cause every receptacle for dung belonging to
such premises to be emptied and thoroughly cleansed.
Provided that where two or more lodgers in a lodging-
house are entitled to the use in common of any water-
closet or receptacle for dung the landlord shall cause such
water-closet to be cleansed or receptacle for dung to be
emptied and cleansed as aforesaid.
The owner of any lodging-house shall subject to the
provision hereinafter specified provide and maintain in
connection with such house water-closet earth-closet or
BY-LAWS AS TO WATER-CLOSETS. 549
privy accommodation in the proportion of not less than one
water-closet earth-closet or privy for every twelve inmates
of such house.
Provided that proceedings shall not be taken against the
owner of any lodging-house for an offence against the last-
mentioned requirement of this by-law unless and until the
owner after service upon him of a notice in writing by the
Sanitary Authority requiring him within such reasonable
time as is specified in the notice to comply with the by-law
has failed to comply with the by-law within the time so
specified.
For the purposes of this by-law a "lodging-house " means
a house or part of a house which is let in lodgings or
occupied by members of more than one family. " Land-
lord " in relation to a house or part of a house which is let
in lodgings or occupied by members of more than one
family means the person (whatever may be the nature or
extent of his interest) by whom or on whose behalf such
house or part of a house is let in lodgings or for occupation
by members of more than one family or who for the time
being receives or is entitled to receive the profits arising
from such letting. " Lodger " in relation to a house or
part of a house which is let in lodgings or occupied by
members of more than one family means a person to
whom any room or rooms in such house or part of a
house may have been let as a lodging for his use or oc-
cupation.
Nothing in this by-law shall extend to any common
lodging-house.
Penalties.
(2) Every person who shall offend against the foregoing
by-law shall be liable for every such offence to a penalty
of five pounds and in the case of a continuing offence to a
further penalty of forty shillings for each day after written
notice of the offence from the Sanitary Authority.
Provided nevertheless that the Court before whom any
complaint may be made or any proceedings may be taken
in respect of any such offence may if they think fit adjudge
the payment as a penalty of any sum less than the full
amount of the penalty imposed by this by-law.
550 LONDON COUNTY COUNCIL.
Repeal of By-law.
(3) From and after the date of the confirmation of these
by-laws the by-law numbered 26 (twenty- six) in the by-
laws relating to water-closets earth-closets privies ashpits
cesspools and receptacles for dung and the proper acces-
sories thereof in connection with buildings which were
made by the London County Council on the twenty-second
day of June in the year One thousand eight hundred and
ninety-three and were confirmed by the Local Government
Board on the twenty-eighth day of June in the year One
thousand eight hundred and ninety-three shall be re-
pealed.
The seal of the London County Council was hereunto
affixed on the tenth day of November 1904.
(L.S.) G. L. GOMME,
Clerk of the Council.
The foregoing by-laws with respect to water-closets,
earth-closets, privies, and receptacles for dung, are here-
by allowed by the Local Government Board the third day
of January, 1905.
(L.S.) S. B. PBOVIS,
Secretary,
Acting on behalf of the said Board, under the
authority of their General Order dated
the twenty-sixth day of May, 1877.
551
DBAINAGE BY-LAWS MADE IN 1900 BY
THE L.C.C. UNDEB THE METBOPOLIS
MANAGEMENT ACT, 1855, SECTION 202.
SECTION PAGE
1. Drainage of subsoil 552
2. Drainage of surface water 553
3. Bain-water pipes - .... 553
4. Materials, &c., for drains. Size of drain. Drain to be
laid on concrete. Fall of drain. Joints of drain.
Drain to be water-tight. Concrete to be filled in.
Thickness and weight of iron pipes. Thickness, sockets,
and joints of stoneware pipes. Drains under buildings.
Composition of concrete. Inlets to drains to be
trapped. Protection of drain beneath wall - 553-556
5. Drains to be trapped from sewer. Access to trap - 556
6. Means of access to be provided in compliance with the
foregoing by-laws 556
7. No right-angled junctions ... - 556
8. Ventilation of drains - - .... 556-559
i(i) Alternative arrangements.
(ii) Gratings or covers to openings.
(iii) No bends or angles in pipes.
(iv) Size of pipes.
(v) Construction, material, and weight of pipes.
(vi) Use of soil pipes as ventilating pipes.
9. No inlets to drains within buildings - 559
10. Material of waste pipes. Traps to waste pipes. Waste
pipes to discharge in the open air - - - 559
11. Soil pipes. Situation and material. Thickness and
weight. . Joints. No connections with rain-water and
waste pipes. No traps. Diameter. Outlet - - 560
12. Connection of lead soil pipe, &c., with iron drain, &c. - 561
13. Connection of stoneware trap of closet, &c., with lead
soil pipe, &c. 561
14. Connection of lead soil pipe, &c., with stoneware drain,
&c. 562
15. Connection of iron soil pipe, &c., with stoneware drain,
&c. 562
16. Connection of stoneware trap of closet, &c., with iron
soil pipe, &c. - - 562
17. Ventilation of trap of water-closet 562, 563
18. Slop sinks for filth and urinals 563
19. Maintenance in state of repair 564
1 20- Penalty - 564
21. Application of by-laws to existing buildings - - - 564
'22. Definition of " person "... - - - 564
23. By-laws not to apply to City 564
552 LONDON COUNTY COUNCIL,
LONDON COUNTY COUNCIL.
DRAINAGE BY-LAWS MADE BY THE COUNCIL UNDER
THE METROPOLIS MANAGEMENT ACT, 1855, SECTION
202.
For regulating the dimensions, form, and mode of con-
struction, and the keeping, cleansing, and repairing of
the pipes, drains, and other means of communicating
with sewers, and the traps and apparatus connected
therewith.
Drainage of 1. A person who shall erect a new building and shall
cause the subsoil of the site of such building to be drained
by means of a drain communicating with any sewer, shall
not construct such subsoil drain in such a manner or in
such a position as to communicate directly with such sewer,
but shall provide a suitable and efficient trap between such
subsoil drain and such sewer.
He shall provide a ventilating opening to such trap at a
point in the line of such subsoil drain as near as may be
practicable to such trap, and communicating directly with
the open air.
He shall cause such ventilating opening to be furnished
with a suitable grating or other suitable cover for the
purpose of preventing any obstruction in or injury to any
pipe or drain by the introduction of any substance through
such opening. He shall cause such grating or cover to be
so constructed and fitted as to secure the free passage of
air through such grating or cover by means of a sufficient
number of apertures, of which the aggregate extent shall be
not less than the sectional area of the pipe or drain to
which such grating or cover may be fitted.
He shall cause such subsoil drain between such trap and
such sewer to be constructed in manner prescribed by the
DRAINAGE BY-LAWS. 553
by-laws in that behalf for a drain used for conveying
He shall cause such subsoil drain above such trap to be
formed of suitable earthenware field pipes properly laid to
a suitable fall and to discharge into such trap.
2. A person who shall erect a new building and shall Draina*, <»
cause any area, forecourt, or paved or unpaved surface
within the curtilage of the building to be drained by
means of a drain or drains communicating with any sewer
shall cause every inlet to such drain or drains to be con-
structed as a properly trapped gully, and shall cause such
drain or drains to be otherwise constructed in manner pre-
scribed by the by-laws in that behalf for a drain used for
conveying sewage.
3. Every person who shall erect a new building, and fuin water
shall provide, in connection with such building, a pipe or pip68-
channel for the purpose of conveying to any sewer any
water that may fall on the roof, shall cause such pipe or
channel to discharge in the open air over a properly trapped
gully, or into such gully above the level of the water in the
trap thereof.
He shall not cause any such pipe or channel to be so
constructed as to receive into such pipe or channel any
solid or liquid matter from any water-closet, urinal, slop or
other sink, or lavatory.
4. Except in the case of a drain constructed for the Materials,
drainage of the subsoil of the site of a building, every Jc., for
person who shall erect a new building shall, in the con-
struction of every drain of such building communicating
with a sewer, use good sound pipes formed of glazed stone-
ware, or of cast iron, or of other equally suitable material.
He shall not construct any such drain so as to pass under
any building, except in any case where any other mode of
construction may be impracticable.
He shall cause every such drain to be of adequate size, size of drain.
and, if constructed or adapted to be used for conveying
sewage, to have an internal diameter of not less than four
inches.
He shall also cause every such drain, whether or not Draln ^ be
constructed or adapted to be used for conveying sewage, to JjJJ JJto
be laid on a bed of good concrete not less than six inches °°
thick, and projecting on each side of the drain to an extent
554
LONDON COUNTY COUNCIL.
Joints of
drain.
at least equal to the external diameter of the drain. He
Fail of drain, shall also cause such drain to be laid with a suitable fall
If he shall construct such drain of cast iron jointed with
socket joints, he shall cause such joints to be not less than
two and a half inches in depth, and to be made with
molten lead properly caulked, and he shall also cause the
annular space for the lead, in the case of three-inch and
four-inch pipes, to be not less than a quarter of an inch
in width, and, in the case of five-inch and six-inch pipes,
to be not less than three-eighths of an inch in width. If
such drain be jointed with flange joints he shall cause such
joints to be securely bolted together with some suitable
insertion.
If he shall construct such drain of stoneware, or material
other than metal, he shall cause such drain to be jointed
with socket joints properly put together with cement or
other equally suitable material.
He shall cause every such drain (other than a drain
constructed for the drainage of the subsoil of the site of a
building) to be so constructed as to be water-tight and to
be capable of resisting a pressure of at least two feet head
of water.
He shall cause good concrete to be filled in so that it
shall extend to the full width of the concrete bed already
prescribed in this by-law, and so that such drain shall be
embedded to the extent of not less than half its diameter.
If he shall construct any such drain of cast iron, the
thickness and weight of the pipes in proportion to the
diameter thereof shall be as follows : —
Drain to be
Water-tight.
Internal diameter,
inches.
Thickness of metal,
not less than—
T^r of an inch
Weight per 9 ft length
(including socket and beaded
spigot or flanges — the socket
not to be less than f -in. thick),
not less than—
110 Iba.
160 „
190 „
230 ,
Thickness, If he shall construct any such drain of stoneware or
j8ofnkte8to'fand material other than metal, the thickness of the pipes, and
•toneware depths of the sockets, and the annular space for the cement
in proportion to the diameter shall be as follows —
DRAINAGE BY-LAWS.
555
Internal diameter,
inches.
3
4
5
6
9
Thickness of pipe,
not less than—
of an inch
Depth of socket,
not less than,
inches.
Annular space
for the cement,
not less than —
£r of an inch.
Where any such drain (other than a drain constructed for
the drainage of the subsoil of the site of a building) passes
under a building, he shall cause such part thereof as passes
under the building to be laid where practicable in a direct
line for the whole distance beneath such building, and to
be completely embedded in and covered with good and
solid concrete at least six inches thick all round.
Provided that in any case where such drain shall be
constructed of iron, he shall not be required to cover such
drain with concrete, but unless it be carried above ground
and also be carried at least at each joint on adequate piers
or other sufficient supports constructed of iron, stone, brick,
or cement concrete, it shall be laid on a bed of good concrete
in accordance with the requirements of this by-law relating
to drains which do not pass under a building.
He shall whenever practicable cause adequate means of
access to such drain to be provided at each end of such
portion thereof as is beneath such building.
He shall cause all concrete used in connection with any
such drain, whether under a building or not, to be com-
posed of clean gravel, hard brick broken small, or other
suitable ballast, well mixed with clean sand and good
Portland cement in the proportion of two parts of sand,
one part of cement, and six parts of other material.
He shall cause every inlet to every such drain, not being
an inlet provided in pursuance of the bye-law in that behalf
as an opening for the ventilation of such drain, to be
properly trapped by an efficient trap so constructed as to
be capable of maintaining a sufficient water seal. He shall
not construct or fix in or in connection with any such drain,
any trap of the kind known as a bell-trap, a dip-trap or a
D-trap.
He shall, in every case where any such drain is laid
beneath a wall, cause such drain to be protected at the
556
LONDON COUNTY COUNCIL.
Access to
trap.
Means of
tcce.-s.
part beneath the wall by means of an arch, flagstone, or
iron support, which shall not bear on the drain and shall
be of sufficient size and strength to prevent any disturbance
of or other injury to such drain.
Drains to b« 5. Every person who shall erect a new building shall
froSfsewer Prov^^e *n eyery main drain or other drain of such building
which may immediately communicate with any sewer, a
suitable and efficient intercepting trap at a point as distant
as may be practicable from such building, and as near as
may be practicable to the point at which such drain may
be connected with the sewer.
He shall except in cases where the means of access to be
provided in compliance with the preceding bye-law shall
give adequate means of access to such trap, provide a
separate manhole or other separate means of access to such
trap for the purpose of cleansing it.
6. A person erecting a new building shall cause every
means of access provided in compliance with any of the
foregoing provisions of these by-laws to be constructed so
as to be water-tight up to the level of the adjoining ground
surface or roadway, and to be fitted with a suitable man-
hole-cover, and, if placed within a building, to be fitted
with an air-tight cover.
7. A person who shall erect a new building shall not
construct the several drains of such building communicat-
ing with a sewer in such a manner as to form in such
drains any right-angled junction, either vertical or hori-
zontal. He shall cause every such branch, drain, or tribu-
tary drain to join another drain obliquely in the direction
of the flow of such drain and as near as practicable to the
invert thereof.
8. Every person who shall erect a new building shall,
for the purpose of securing efficient ventilation of the
drains of such building communicating with a sewer,
comply with the following requirements : —
(i.) He shall provide at least two untrapped openings to
the drains, and in the provision of such openings he
shall adopt such of the arrangements hereinafter
specified as the circumstances of the case may
render the more suitable and effectual,
(a) One opening being above and near the level
of the surface of the ground adjoining such
Alternative
arrange-
ment*.
DRAINAGE BY-LAWS. 557
opening shall communicate with the drains
by means of a suitable pipe, shaft, or chamber,
and shall be situated as near as may be
practicable to the trap which, in pursuance
of the by-law in that behalf, shall be pro-
vided between the main drain or other
drain of the building and the sewer. The
point at which such opening communicates
with the drain shall also in every case be
situated on that side of the trap which is the
nearer to the building.
The second opening shall be obtained by
carrying up from a point in the drains, as far
distant as may be practicable from the point
at which the first-mentioned opening shall be
situated, a pipe or shaft, vertically, to such
a height and in such a position as to afford
by means of the open end of such pipe or
shaft a safe outlet for foul air.
(b) In every case where the foregoing arrange-
ment of the openings to the drains may be
impracticable or undesirable, there may be
substituted the arrangement hereinafter pre-
scribed.
One opening shall be obtained by carry ing up
from a point as near as may be practicable to
the trap, which, in pursuance of the by-law in
that behalf, shall be provided between the
main drain or other drain of the building
and the sewer, a pipe or shaft, vertically, to
such a height and in such a position as to
afford by means of the open end of such pipe
a safe outlet for foul air. The point at
which such opening communicates with the
drain shall also in every case be situated on
that side of the trap which is the nearer to
the building.
The second opening, being at a point in
the drains as far distant as may be practi-
cable from the point at which such last-
mentioned pipe or shaft shall be carried up,
shall be above and near the level of the
558
LONDON COUNTY COUNCIL.
Gratings or
covers to
openings.
surface of the ground adjoining such opening.
and shall communicate with the drains by
means of a suitable pipe or shaft,
(c) If in any case neither of the two preceding
arrangements are desirable, then both the
first and second openings may be obtained
by carrying up from the points referred to
in the previous sub-section suitable vertical
pipes or shafts to such heights and in such
positions that when either acts as an inlet
the other may be a safe outlet for foul air.
He shall cause every opening provided in accord-
ance with any of the arrangements hereinbefore
specified to be furnished with a suitable grating
or other suitable cover for the purpose of preventing
any obstruction in or injury to any pipe or drain by
the introduction of any substance through any such
opening. He shall, in every case, cause such grat-
ing or cover to be so constructed and fitted as to
secure the free passage of air through such grating
or cover by means of a sufficient number of aper-
tures, of which the aggregate extent shall be not
less than the sectional area of the pipe or drain to
which such grating or cover may be fitted.
He shall not, except where unavoidable, cause any
bend or angle to be made in any pipe or shaft used
in connection with any of the arrangements herein-
before specified.
Si« of pipes, (iv.) He shall cause every pipe or shaft which may be
used in connection with any of the arrangements
hereinbefore specified to have an internal diameter
of not less than four inches.
He shall cause every pipe or shaft used in con-
nection with any of the arrangements hereinbefore
specified to be constructed in the same manner and
of the same material and weight as if such pipe or
shaft were a soil pipe.
Provided always, that for the purpose of any of the
arrangements hereinbefore specified the soil pipe of
any water-closet, or the waste pipe of any slop sink
constructed or adapted to be used for receiving any
solid or liquid excremental filth, in every case
No bends o? (iii.)
angles in
pipes.
Construc-
tion, mate-
rial and
weight of
pipes.
Use of soil
pipes as
ventilating
pipe*.
(vi.)
DRAINAGE BY-LAWS. 559
where the situation, sectional area, height and
mode of construction of such soil pipe or such
waste pipe shall be in accordance with the require-
ments applicable to the pipe or shaft to be carried
up from the drains, shall be deemed to provide the
necessary opening for ventilation which would
otherwise be obtained by means of such last-men-
tioned pipe or shaft.
Provided also that any such soil pipe or waste
pipe shall, where such soil pipe or waste pipe shall
have an internal diameter of not less than three
and a half inches, and shall in all other respects
comply with the requirements as to the position,
height, and mode of construction of the pipe or
shaft to be provided for the ventilation of any
drain, be deemed to provide adequate ventilation
for any drain having an internal diameter of not
more than four inches.
9. A person who shall erect a new building shall not No inlets to
construct any drain of such building communicating with a
sewer in such a manner that there shall be within such
building any inlet to such drain except such inlet as may
be necessary from the apparatus of any water-closet, slop
sink, or urinal.
10. A person who shall erect a new building shall cause Material of
every pipe in such building for carrying off waste water Wl
from every lavatory or sink (not being a slop sink or
urinal constructed or adapted to be used for receiving any
solid or liquid excremental filth) to a sewer, to be con-
structed of lead, iron, or stoneware, and to be trapped im- Traps to
mediately beneath such lavatory or sink by an efficient wl
syphon trap, which shall be constructed of lead, iron, or
stoneware, with adequate means for inspection and cleans-
ing, and which shall be ventilated into the external aii
whenever such ventilation may be necessary to preserve the
seal of such trap.
He shall not construct^ or fix in, or in connection with
such waste pipe, lavatory, or sink, any trap of the kind
known as a bell-trap, a dip-trap, or a D-trap.
He shall cause every pipe in such building for carrying Wast* pipes
off water to a sewer to be taken through an external ju
wall of such building, and to discharge in the open air over air
560
LONDON COUNTY COUNCIL.
a properly trapped gully or into such a gully above the
level of the water in the trap thereof, or over a channel
leading to such a gully.
Soil pipes. 11. Any person who shall provide a soil pipe in connec-
tion with a new building for the purpose of conveying to a
sewer any solid or liquid excremental filth or shall for that
purpose construct a soil pipe in connection with an existing
building, shall, whenever practicable, cause such soil pipe
to be situated outside such building, and shall construct
such soil pipe in drawn lead or of heavy cast iron. Pro-
vided that in any case where it shall be necessary to con-
struct such soil pipe within such building, he shall construct
such soil pipe in drawn lead with proper wiped plumbers'
joints, and so as to be easily accessible.
He shall construct such soil pipe, whether inside or out-
side the building, so that its weight, if the pipe be of lead,
and its thickness and weight, if the pipe be of iron, in pro-
portion to its length and internal diameter, shall be —
Situation
and
material.
Thickness
and weight
DlAMKTKR.
LBAD.
IRON.
Weight per
10 feet length,
not less than
Thickness of
metal, not less
than
Weight per 6 feet length
(including socket and
beaded spigot or flanges
— the socket not to be
less than J inch thick),
not less than
3£ inches.
4 „
6 "
b »
65 Ibs.
74 „
92 „
no „
A inch.
A »
1 "
* »>
48 Ibs.
54 „
69 „
84 „
Joints.
If he shall construct such soil pipe of cast iron with
socket joints, he shall cause such joints to be not less than
two and a half inches in depth and to be made with molten
lead properly caulked, and he shall also cause the annular
space for the lead, in the case of three and a half inch and
four-inch pipes, to be not less than quarter of an inch in
width, and, in the case of five-inch and six-inch pipes, to be
not less than three-eighths of an inch in width. If he shall
construct such soil pipe with flange joints, he shall cause
DRAINAGE BY-LAWS. 561
such joints to be securely bolted together with some suitable
insertion.
He shall construct such soil pipe, whether inside or out- No MOMO.
side the building, so that it shall not be connected with any rain'water
rain-water pipe or with the waste of any bath, or of any ajd WMte
sink other than that which is provided for the reception of
urine or other excremental filth, and he shall construct such
soil pipe so that there shall not be any trap in such soil pipe No tr»p§.
or between the soil pipe and any drain with which it is
connected.
He shall cause such soil pipe, whether inside or outside DimwUr.
the building, to be circular and to have an internal diameter
of not less than three and a half inches, and to be continued
upwards without diminution of its diameter, and (except
where unavoidable) without any bend or angle being formed
in such soil pipe, to such a height and in such a position as
to afford by means of the open end of such soil pipe, a safe
outlet for foul air. Outlet.
12. Any person who shall connect a lead soil pipe, waste connection
pipe, ventilating pipe, or trap with an iron pipe or drain Jjjl^j°il
communicating with a sewer, shall insert between such lead with iron
soil pipe, waste pipe, ventilating pipe, or trap, and such iron mn>
pipe or drain, a flanged thimble of copper, brass, or other
suitable alloy, and shall connect such lead soil pipe, waste
pipe, ventilating pipe, or trap with such thimble by means
of a wiped or overcast metallic joint, and shall connect such
thimble with such iron pipe or drain by means of a joint
made with molten lead, properly caulked ; provided always
that it shall be sufficient if he shall connect the lead soil
pipe, waste pipe, ventilating pipe, or trap with the iron pipe
or drain in an equally suitable and efficient manner.
13. Any person who shall connect a stoneware or semi- connection
vitrified ware trap or pipe with a lead soil pipe, waste pipe, 2»p°5ewa
or trap communicating with a sewer, shall insert between closet, &o.,
such stoneware or semi-vitrified ware trap or pipe and such
lead soil pipe, waste pipe, or trap, a socket of copper, brass,
or other suitable alloy, and shall insert such stoneware or
semi-vitrified ware trap or pipe into such socket, making
the joint with Portland cement, and shall connect such
socket with the lead soil pipe, waste pipe, or trap, by means
of a wiped or overcast metallic joint ; provided always that
it shall be sufficient if he shall connect the stoneware o»-
36
562 LONDON COUNTY COUNCIL.
semi-vitrified ware trap or pipe with the lead soil pipe,
waste pipe or trap, in an equally suitable and efficient
manner.
Connection 14. Any person who shall connect a lead soil pipe,
°i1ea&o°il was^e pipe> ventilating pipe, or trap with a stoneware or
wi?h stone- semi-vitrified ware pipe or drain communicating with a
ware drain, sewerj gnau insert between such lead soil pipe, waste pipe,
ventilating pipe, or trap and such stoneware or semi-
vitrified ware pipe or drain, a flanged thimble of copper,
brass, or other suitable alloy, and shall connect such lead
soil pipe, waste pipe, ventilating pipe, or trap with such
thimble by means of a wiped or overcast metallic joint,
and shall insert the flanged end of such thimble into
a socket on such stoneware or semi-vitrified ware pipe or
drain, making the joint with Portland cement ; provided
always that it shall be sufficient if he shall connect the
lead soil pipe, waste pipe, ventilating pipe or trap with the
stoneware or semi-vitrified ware pipe or drain in an
equally suitable and efficient manner.
Connection 15. Any person who shall connect an iron soil pipe,
°! ironfejoil waste pipe, ventilating pipe, or trap with a stoneware or
with stone- serai-vitrified ware pipe or drain communicating with a
ware dram, sewer) shall insert the beaded spigot end of such iron soil
pipe, waste pipe, ventilating pipe, or trap into a socket on
such stoneware or semi-vitrified ware pipe or drain, making
the joint with Portland cement; provided always that it
shall be sufficient if he shall connect the iron soil pipe,
waste pipe, ventilating pipe or trap with the stoneware or
semi-vitrified ware pipe or drain in an equally suitable and
efficient manner.
Connection 16. Any person who shall connect a stoneware or semi >
trap°ofewar* vitrified ware trap or pipe with an iron soil pipe, waste
closet, inc., pipe, trap or drain communicating with a sewer, shall in-
soihpipe?&o. 8er^ suc^ st<>neware or semi-vitrified ware trap or pipe into
a socket on such iron soil pipe, waste pipe, trap, or drain,
making the joint with Portland cement ; provided always
that it shall be sufficient if he shall connect the stoneware
or semi-vitrified ware trap or pipe with the iron soil pipe,
waste pipe, trap, or drain in an equally suitable and
efficient manner.
orSSpof0" ^' ^nv Person wno s^all construct any water-closet,
the soil pipe of which shall communicate with any sewer
DRAINAGE BY-LAWS. 563
and shall be in connection with any other water-closet,
shall cause the trap of every such water-closet to be venti-
lated into the open air at a point as high as the top of the
soil pipe, or into the soil pipe at a point above the highest
water-closet connected with such soil pipe, and so that
the ventilating pipe shall have in all parts an internal
diameter of not less than two inches, and shall be con-
nected with the arm of the soil pipe or the trap at a point
not less than three and not more than twelve inches from
the highest part of the trap and on that side of the water
seal which is nearest to the soil pipe. He shall cause the
joint between the ventilating pipe and the arm of the soil
pipe or the trap to be made in the direction of the flow.
He shall construct such ventilating pipe in drawn lead or
of heavy cast iron. Provided that in any case where it
shall be necessary to construct such ventilating pipe within
a building he shall construct such ventilating pipe in drawn
lead.
He shall construct such ventilating pipe, whether inside
or outside a building, so that if the pipe be of lead its
weight shall not be less than forty-five Ibs. per twelve
feet length, and if the pipe be of iron its thickness shall
not be less than three-sixteen inch and its weight not less
than twenty-five Ibs. per six feet length.
He shall in all cases cause the joints in and the con-
nections to such ventilating pipe to be made in the same
manner as if such ventilating pipe were a soil pipe.
18. A person who shall erect a new building, and shall Slop sinks
construct in connection with such building a slop sink or JJEw!ff *nd
urinal constructed or adapted to be used for receiving any
solid or liquid excremental filth for conveyance to any
sewer, shall construct or fix immediately beneath such slop
sink or urinal an efficient syphon trap, so constructed as to
be capable of maintaining a sufficient water seal between such
slop sink or urinal and any drain, soil pipe, or waste pipe in
connection therewith. He shall not construct or fix in or
in connection with such slop sink or urinal any trap of the
kind known as a bell-trap, a dip-trap or a D-trap.
He shall as regards the ventilation of the trap of such
slop sink or urinal and the construction of the waste pipe
of such slop sink or urinal comply with all the require-
ments of the preceding bye-laws which are applicable to the
564 LONDON COUNTY COUNCIL.
ventilation of the trap of a water-closet and the construc-
tion of a soil pipe, always provided that the internal
diameter of the waste pipe of any such slop sink or urinal
shall not be less than three inches, and where the internal
diameter of such waste pipe is three inches the weight of such
pipe for every ten feet of length shall, if such waste pipe be
constructed of lead, be not less than sixty Ibs., and if such
waste pipe be constructed of cast iron the weight of such
pipe for every, six feet of length shall not be less than
forty Ibs.
Mainten- 19. The owner of any building shall as respects such
of repair**** building at all times maintain in a proper state of repair
all pipes, drains, and other means of communicating with
sewers, and the traps and apparatus connected therewith.
Penalty. 20. Every person who shall offend against any of the
foregoing by-laws shall be liable for every such offence to
a penalty of two pounds, and in the case of a continuing
offence to a further penalty of twenty shillings for each day
after written notice of the offence given in accordance with
section 202 of the Metropolis Management Act, 1855.
Application 21. These by-laws shall, so far as practicable, apply to
to existing anv Person who shall construct or reconstruct any pipe or
buildings, drain or other means of communicating with sewers, or any
trap or apparatus connected therewith, so far as he shall
effect any such works in any building erected before the
confirmation of these by-laws, as if the same were being
constructed in a building newly erected.
Definition of 22. In these by-laws the word " person " includes any
"person, body of persons whether corporate or unincorporate.
By-laws 23. These by-laws shall not extend to the City of London.
not to apply * J
to City.
The foregoing by-laws were made by the London County
Council on the 30th day of October 1900, and were sub-
mitted to and confirmed at a subsequent meeting of the
Council, held on the 6th day of November 1900, and the
common seal of the Council was hereunto affixed on the 7th
day of November 1900.
G. L. GOMME,
L. S. Clerk of the. Council.
DRAINAGE BY-LAWS. 565
Approved by the Local Government Board this fourteenth
day of June 1901.
S. B. PROVIS,
L. 8. Secretary,
Acting on behalf of the said Board under
the authority of their General Order,
dated the twenty-sixth day of May
1877.
566
SECTION J.
BY-LAWS MADE BY THE L.C.C. UNDER THE
METEOPOLIS MANAGEMENT ACT, 1855,
SECTION 202, AND THE METROPOLIS
MANAGEMENT ACTS AMENDMENT (BY-
LAWS) ACT, 1899.
Construction of a drainage system as a wJwle.
SECTION PAGE
1. (1-3) Deposit of plans of intended construction of pipes,
drains, or other means of communication with
sewers 567, 568
(4) Deposit of detailed description in writing - - 568
(5) Deposit of block plan - - - 568, 569
(6) Time of deposit of plans, &c. - - 569
Addition to, partial construction, entire or partial reconstruction,
or alteration of a drainage system.
2. Deposit in case of any addition to, partial construction,
entire or partial reconstruction or alteration of pipes,
Ac. 569,570
Alterations of drains in cases of urgency.
3. (1) Alteration of drains in urgent cases - - - 570
(2) Plans to be deposited within two weeks of com-
mencement -
4. Penalty 570
5. Definition of " person " 570
6. Exemption of City 570
By-laws made by the Council denning the person
responsible under the by-laws and the by-laws as to
deposit of plans under the above-named Acts - 570, 572
$67
LONDON COUNTY COUNCIL.
BY-LAWS.1
MADE BY THE LONDON COUNTY COUNCIL UNDER THE
METROPOLIS MANAGEMENT ACT, 1855, SECTION 202,
AND THE METROPOLIS MANAGEMENT ACTS AMENDMENT
(BY-LAWS) ACT, 1899.
Requiring persons about to construct, reconstruct, or alter
the pipes, drains, or other means of communicating with
sewers, or the traps and apparatus connected therewith,
to deposit with the sanitary authority of the district,
such plans, sections, and particulars of the proposed
construction, reconstruction, or alteration as may be
necessary for the purpose of ascertaining whether such
construction, reconstruction, or alteration is in accord-
ance with the statutory provisions relative thereto, and
with the by-laws made under section 202 of the Metro-
polis Management Act, 1855.
Construction of a drainage system as a whole.
1 — (1) Every person who, in the provision of a drainage Deposit of
system as a whole, is about to construct the pipes, drains, funded
or other means of communicating with a sewer, or the traps opnatruc-
and apparatus connected therewith, shall deposit in dupli- pipes,
cate with the sanitary authority of the district, at their other8' °r
office, such plans, sections, and particulars of the proposed means of
construction as may be necessary for the purpose of enabling catfng
such authority to ascertain whether such construction is in BewerB-
accordance with the statutory provisions relative thereto
1 The marginal notes do not form part of the by-laws,
568 LONDON COUNTY COUNCIL.
Sec. 1. and with the by-laws made under section 202 of the Metro-
polis Management Act, 1855.
(2) He shall cause such duplicate plans and sections to
be clearly and indelibly made on a durable material to a
scale (except in the case of block plans) of not less than
1 inch to every 16 feet, and shall, amongst other things,
show thereon every floor of any building in connection
with which such pipes or drains are to be used, and the
position, form, levels, and arrangement of the several parts
of such building, including the roof thereof, and the size
and position of every drain, manhole, gulley, soil pipe, waste
pipe, ventilating pipe, and rain-water pipe, and of any
drain passing under such building, and the position of every
bath, water-closet apparatus, slop sink, urinal, lavatory
basin or apparatus, sink (not being a slop sink), and trap in
connection with the fore-going.
(3) He shall also show thereon the position of all windows
and other openings into the building, and the height and
position of all chimneys belonging to the building, within a
distance of twenty feet from the open end of a soil pipe or
ventilating pipe.
Deposit of (4) He shall at the same time deposit in duplicate with
sc^tiondin the sanitary authority of the district, at their office, a
writing. detailed description in writing of the intended mode of
constructing, jointing, and fixing any such drain, manhole,
gulley, pipe, bath, water-closet apparatus, sink, urinal,
lavatory basin or apparatus, or trap.
Deposit of (5) He shall at the same time deposit in duplicate with
>k plan. tke 8anjtary authority of the district, at their office, a block
plan of the premises upon which any such building is to
be situated, or any such work is to be carried out (drawn to
a scale of not less than 1 inch to every 22 feet),
and he shall show thereon —
(a) The block plan of such building.
(b) The position of the whole of the buildings on the
premises, and so much of the properties adjoining
thereto as may be affected by the proposed work.
(c) The names of the streets or thoroughfares immedi-
ately adjoining the premises, and the number or
designation of the premises.
(d) The difference of the level between the lowest floor
of such building and the adjoining pavement,
BY-LAWS AS TO DEPOSIT OF PLANS. 569
(e) The level of any yard, area, or ground, or open Sec. 1.
space belonging to such premises.
(/) The lines, size, depth, and inclination of the pro-
posed drainage, and so far as can be ascertained
without opening the ground, the lines, size, depth,
and inclination of the existing drainage, the sur-
face drains (if any), and if such proposed or exist-
ing drainage be in connection with a building the
arrangements for the ventilation of the drains —
the existing pipes and drains and the proposed
pipes and drains to be distinctively indicated by
different colours.
(g) The position and form of every existing or proposed
manhole or access chamber, gulley, junction, bend,
intercepting trap, or any connection with a sewer.
(h) The points of the compass.
Provided, nevertheless, that it shall not be necessary to
deposit a block plan in any case where the plans,
sections, and particulars deposited in accordance
with the first paragraph of this by-law clearly show
the particulars hereinbefore required to be shown
on a block plan.
(6) The plans, sections, particulars, and detailed descrip- Time of
tions hereinbefore mentioned shall be so deposited 15 days deposit of
. 1 t ,1 -I • Til IT PlanS. <&C.
at least before the work is proposed to be commenced, and,
in the case where a building is to be erected, before com-
mencing the erection of such building.
Addition to, partial construction, entire or partial recon-
struction, or alteration of, a drainage system.
2 — Every person who shall make any addition to, parti- Deposit in
ally construct, entirely or partially reconstruct, or alter add1t?onato[
any pipes, drains, or other means of communicating with partial con-
a sewer, or the traps and apparatus connected therewith, entire1©?'
shall be deemed to have satisfied the foregoing by-law No. reconst
1, if he shall cause a deposit to be made (in the manner tion or
therein provided) of only such plans, sections, and par-
ticulars of the proposed addition, partial construction, &c-
entire or partial reconstruction, or alteration as may be
necessary for the purpose of enabling such authority to
ascertain whether such addition, partial^construction, en-
570 LONDON COUNTY COUNCIL.
Sec. 2. tire or partial reconstruction or alteration is in accordance
with the statutory provisions relative thereto, and with
any by-laws made under section 202 of the Metropolis
Management Act, 1855, and, if in any case plans and
sections have been previously deposited in conformity with
the foregoing by-law No. 1, it shall be sufficient for him
to give in writing with the deposit the date of the previous
deposit, and to show the new work on the plans and
sections to be deposited, and only so much of the existing
work as will enable the sanitary authority to see the re-
lative positions of the new and old work.
Provided that this by-law shall not be deemed to require
the deposit of any plans, sections, or particulars in the case
of any repair which does not involve the alteration or the
entire reconstruction of any pipe, drain, or other means of
communicating with sewers or the traps and apparatus
connected therewith.
Alterations of drains in oases of urgency.
Alteration 3 — (1) In any case in which an alteration of the drains
urgentnBm roust be carried out at once, every person who is about to
cases. carry out such alteration shall, in lieu of depositing the
plans, sections, and particulars referred to in these by-laws,
forthwith send to the sanitary authority in the district a
notice in writing of any such proposed alteration.
(2) He shall also within two weeks of the commence-
ment of such alteration make the deposits required by
these by-laws.
Penalty.
Penalty. 4 — Every person who shall offend against any of the
foregoing by-laws shall be liable for every such offence to
a penalty of two pounds, and in the case of a continuing
offence to a further penalty of twenty shillings for each
day after written notice of the offence given in accordance
with section 202 of the Metropolis Management Act, 1855.
Definition of "person".
Definition 6 — In these by-laws the word " person " includes any
of person, k^y of persons whether corporate or unin corporate,
BY-LAWS AS TO DEPOSIT OF PLANS. 571
Exemption of City.
6 — These by-laws shall not extend to the City of London. Exemption
The foregoing by-laws were made by the London County of
Council on the 21st day of July, 1903, and were submitted
to and confirmed at a subsequent meeting of the Council
held on the 28th day of July, 1903, and the common seal
of the Council was hereunto affixed on the 30th day of
July, 1903.
(L.S.) G. L. GOMME,
Clerk of the Council.
Approved by the Local Government Board this twentieth
day of August, 1903.
S. B. PBOVIS,
(L.S.) Secretary,
Acting on behalf of the said Board, under
the authority of their General Order,
dated the twenty-sixth day of May, 1877.
BY-LAWS MADE BY THE COUNCIL DEFINING THE PERSON
RESPONSIBLE UNDEB THE DBAINAGE BY-LAWS AND
THE BY-LAWS AS TO DEPOSIT OF PLANS UNDEB THE
ABOVE-NAMED ACTS.
(1) Notwithstanding anything contained in the by-laws
made by the London County Council in pursuance of the
provisions of section 202 of the Metropolis Management
Act, 1855, and the Metropolis Management Acts Amend-
ment (By-laws) Act, 1899, in the case of any work done to
or in any pipe, drain, or other means of communicating
with sewers and the traps and apparatus connected there-
with, such plans, sections, and particulars relating to such
work as are required to be deposited by the said by-laws
shall be deposited by the builder, and he shall be the
person liable to the penalties provided in the said by-laws
for the failure to deposit such plans, sections, and par-
ticulars.
Such builder shall in carrying out any such work as
aforesaid observe all the requirements contained in the
572 LONDON COUNTY COUNCIL.
by-laws made by the London County Council under the
provisions of section 202 of the Metropolis Management
Act, 1855, and he shall be liable to the penalties provided
for a breach of the said by-laws.
(2) In these by-laws " builder " means the builder, con-
tractor, or person actually carrying out the work, but does
not include a workman in the employ of such builder,
contractor, or person.
The foregoing by-laws were made by the London
County Council on the llth day of July, 1911, and were
submitted to and confirmed at a subsequent meeting of the
Council held on the 18th day of July, 1911, and the com-
mon seal of the Council was hereunto affixed on the 19th
day of July, 1911.
(L.S.) LAUBENCB GOMME,
Clerk of the Council.
Approved by the Local Government Board this fourth
day of August, 1911.
(L.S.) H. C. MONBO,
Secretary,
Acting on behalf of the said Board, under
the authority of their General Order
dated the twenty -sixth day of May, 1877.
573
COUNTY OF LONDON REGULATIONS
UNDER THE
METROPOLIS LOCAL MANAGEMENT
ACTS
WHICH ABE IN FOECE UNDEE THE
BOEOUGH COUNCILS.
The following Eegulations are still in force under the
Borough Councils : —
Conditions for the Regulation of House Drains, &c.
All persons proposing to form new or to reconstruct old
house drains to be connected with the public sewers shall
give at least seven days' notice at the office of the Borough
Surveyor.
The notice shall be given on a printed form to be ob-
tained at the Surveyor's office, and on which shall be
drawn a plan of the premises proposed to be drained to a
scale of 16 feet to an inch, with all lines of proposed
drains and their branches and inlets shown thereon, the
situation of all water-closets, manholes, and inspection
chambers, with the proposed size of the drains, the nature
of the inlets, and the depths of the lower floor of the
premises below, or its height above (as the case may be)
the level of the pavement outside the said premises.
Where water-closets are proposed to be constructed in the
upper floors of premises, plans of those floors showing
the said water-closets shall also accompany such notice.
All drains shall be formed of good, hard, sound, well-
glazed stoneware, whole socket pipes of the sizes and
diameters as will be ordered by the Surveyor. All pipes
shall have a thickness of at least one-twelfth their internal
diameter.
574 LONDON COUNTY COUNCIL,
All drains shall, where practicable, be laid at least 3
feet below the floor level, measuring to the tops of the
sockets of the pipes ; the ground shall be carefully exca-
vated to true hanging lines on a bed of concrete not less
than 6 inches in depth, and extending on both sides of
the pipes to an extent equal to the external diameter of
the drain, and where the drain passes beneath buildings
the pipes shall be covered with at least 6 inches of con-
crete, according to the inclination and depths given or
described, and so that the pipes shall have a firm bearing
throughout their whole length. All trenches shall be
filled in with good dry sound earth, ballast, or rubbish,
carefully rammed to a level with the surrounding earth.
The pipes are to be put together with great care, the
butt end of one pipe being forced into the socket end of
the next pipe as closely as the nature of the pipes will
permit, and the ring or space between them shall be filled
in with Portland cement of good quality, mixed in the
proportion of not less than one part of cement to three
parts of good clean sharp sand, by measure ; the cement
shall be well and thoroughly worked in, so as to effectually
fill the whole of the space, and a band of cement shall be
carefully worked round and outside of the pipe to the
thickness of the outside of the socket, so .as to completely
cover the joint.
If iron pipes are proposed to be used, they shall be
cast-iron socket pipes, and be coated with Dr. Angus
Smith's or other approved anti-corrosive preparation.
If pipes of any other material than iron or stoneware, or
any self-adjusting or other form of joints are proposed to
be used, a detailed description of such pipes and joints
must be submitted to the Borough Surveyor for his
approval, with the notice and plan, and his directions
with respect to such pipes and joints shall be strictly
abided by.
The connection between the house drain and the public
sewer, and the portion of the drain that is beneath the
public way, shall be made by the workmen of the Council,
and the party constructing the drain shall deposit with
the Council a sum of money to be estimated by the
Council's Surveyor, to pay the expense of such connection
and length of new drain, and any other works in connec-
BY-LAWS AS TO SOUSE DRAINAGE. 575
tion therewith ; and also the cost of the re-instatement of
the public way disturbed by reason of the works, and the
Council's charge in respect thereof.
No rain-water pipe shall be used as a ventilating pipe.
The heads or highest points of all drains are to be venti-
lated by means of iron pipes not less than 4 inches internal
diameter, with air-tight joints, carried up to above the roof,
and covered with a wire guard, and discharge into the air
as far as may be practicable, from all windows, doors,
chimneys, and other openings.
No waste or overflow pipe from any cistern is to be
connected with any portion of the drain.
No waste-water pipes in the upper floors of premises are
to be connected with soil pipes or water-closets, and if
connected with rain-water pipes shall only be with such
pipes as are outside the buildings, and the junctions shall
be made at such points outside the building as shall be
easily accessible at all times.
The main line of drain before being connected with the
public sewers shall be trapped outside the house, by means
of syphon or other approved trap.
All premises shall have good and sufficient water supply,
with all necessary supply pipes, services, cisterns, fittings,
and apparatus for the purposes of the water-closets, separate
and independent to that used for drinking, culinary, and
household purposes, and so arranged that no water can be
drawn off from such supply for any purpose whatever,
excepting to flush such water-closets.
The whole of the works in connection with the drains
shall be executed with the best materials, and in the best
and most workmanlike manner, in accordance with the
directions herein set forth and the by-laws made by the
London County Council, and to the complete satisfaction of
the Surveyor or other officer appointed by the Council ;
and his directions in all matters relating to the works, as
to the lines of drains, their depths, sizes, inclinations,
mode of trapping, quality of materials or workmanship,
shall be abided by. No portion of any drain or works in
connection therewith shall be covered in until it has been
inspected, tested and approved by the Borough Surveyor or
other officer ; at least twenty-four hours' notice (exclusive
of Sunday or any public holiday) shall be given at the
576 LONDON COUNTY COUNCIL.
Surveyor's office before the works are commenced, and a
similar notice when the works are completed and ready
for inspection, and the person constructing the drain
shall provide water and all necessary appliances and labour
for testing the drains. If any drain is covered in without
such notice being given, the Council will by its own work-
men proceed to open up and uncover the said drains,
and charge the expense of doing so, and of subsequently
making good the same, to the party by whom the plan for
constructing the drain was deposited.
All vertical soil pipes or other down pipes within the
building shall not be enclosed or cased in until the same
have been tested by the Council's officers.
All old brick or other disused drains shall be broken up
and destroyed, and the materials forming them, and all
foul and sewage-charged earth and other substances care-
fully removed from the premises, dry earth, or ballast, or
brick rubbish being brought in if necessary, in place of
them.
Regulations as to the Construction of Vaults, Coal Plates,
Areas, and Area Gratings.
The walls and arches of the house vaults shall be con-
structed of good hard brickwork or stone, set in approved
mortar or cement ; the walls shall be in no part less than
13^ inches in thickness, and where the span does not
exceed 10 feet, the arches shall be not less than 9 inches in
thickness, and where the span exceeds 10 feet, shall
be not less than 13-J inches in thickness, and where
it exceeds 15 feet of such thickness as shall be approved
by the Surveyor, and every arch shall have a rise or versed
sine of not less than 1 foot to every 5 feet of span.
The coal shoots into the said vaults shall not be more
than 14 inches in internal diameter, and be formed of
hard brickwork, not less than half -brick in thickness, set in
approved mortar or cement.
The springing walls of all arches shall be at right angles
to the line of frontage and the end walls shall be parallel
to the line of frontage, where straight on plan, but where
practicable they shall be curved on plan. The tops of
arches shall not in any part be less than 15 inches below
the surface of the pavement.
BY-LAWS AS TO VAULTS, COAL PLATES, Ac. 577
If it is proposed to roof in the house vaults with iron
joists or girders, and concrete arches or slabs, or by any
other mode of covering, proper drawings and specification
of the proposed work shall be submitted for the approval
of the Council, and if allowed, the work must be executed
in accordance with the provisions of the London Building
Act, and any by-laws made thereunder, but in no case must
the top of the covering be less than 15 inches below the
surface of the footway paving.
The greatest projection allowed in any street shall be
10 feet, measuring from the line of building frontage to
the external face of the brickwork of the end wall, but in
streets where the footways are of less width than 10 feet,
the external face of the brickwork of the end wall shall
not project beyond the outer line of kerb of such footway.
No water-closet will be allowed to be formed beneath the
public way.
The whole of the works shall, during their construction,
be enclosed within a proper and sufficient hoard or fence,
as provided by the Council's regulations as to hoards and
scaffolds, and be performed to the satisfaction of the
Surveyor to the Board, and within such time as he may
consider sufficient and reasonable.
All new coal plates shall be circular, and not more than
14 inches in diameter, and be properly let into an iron frame
inserted in the paving stone ; they shall be formed of iron
deeply chequered or otherwise roughened on the surface,
and be not less than f inch thick .
If required to give light to the vaults beneath, they shall
be formed of iron frames with glass lenses inserted therein,
each lens to be not more than 3-J inches in diameter, the
iron frame to have in no part less than f inch of sectional
area of iron.
Every coal plate or illuminating plate shall be securely
fastened and held in its place by means of chain, shackle,
bar, or other permanent fastening.
No areas beneath the public way, in front of premises,
shall have ya greater projection than 2 feet 6 inches,
measuringi ffrom the line of building frontage to the
external face of the brickwork of the end wall, and in the
streets where the footways are of less width than 2 feet
6 inches, the external face of the end wall shall not pro-
37
578 LONDON COUNTY COUNCIL.
jeot beyond the outer line of kerb of such footway. They
shall be formed of hard brickwork or stone, set in mortar
or cement, and excepting where covered with iron gratings
as hereinafter described, shall be arched over with hard
brickwork, not less than 9 inches thick, or with Yorkshire
stone landings, not less than 4 inches thick, or any other
approved covering.
No area grating shall be of greater length than 7 feet,
nor have a greater projection than 1 foot 6 inches, measur-
ing from the line of frontage, and in streets where the
footways are of less width than 2 feet 6 inches, the
grating shall not project more than 12 inches less than
the width of such footway. All gratings shall be formed
of iron, and be securely let into hard stone kerbs, and run
with lead ; the kerb shall be fixed at the level of the foot-
ways, be not less than 6 inches wide and 6 inches deep,
and be securely pinned into or rest on the brickwork at
least 4 inches at each end.
All open iron gratings shall be made with frames or
borders, the bars of the gratings shall be fixed at right
angles to the line of frontage of the houses, the space or
width between the bars shall not exceed 1J inches, each
bar shall be not more than j inch wide on the surface,
and shall contain not less than j inch in sectional area of
iron.
Where the area gratings or frames are to be filled in
with glass slabs, the spaces between the bars shall not be
more than 3 inches in width ; the bars shall be fixed at
right angles to the line of frontage, each bar shall have
not less than j inch in sectional area of iron, and the
glass slabs shall be not less than 1 inch thick.
^ Where the area gratings or frames are to be filled in
with glass lenses the thickness of iron between the lenses
shall be in no place less than f inch in sectional area,
and the glass lenses shall not be more than 3| inches in
diameter.
When permission is granted by the Council to construct
any of the aforesaid works beneath or on the public way,
the party requiring such works shall deposit with the
Council a sum of money to be estimated by the Borough
Surveyor, to pay the expenses of the reinstatement of the
paving of the public way disturbed by reason of the said
BY-LAWS AS TO COAL PLATES AND GRATINGS. 579
works, or other works occasioned thereby, and also the
Council's fee in respect thereof.
Regulations as to the Erection of Private Lamps.
1. All persons desirous of fixing one or more private
bracket lamps to project over the public footways shall
make application in writing to the Council for permission
for such purpose, on a printed form, which shall be ac-
companied by a drawing of the proposed bracket and
lamp, with all sizes and dimensions of the proposed lamps
figured thereon, together with a full and detailed descrip-
tion of the same ; and such application, drawing, and
detailed description, shall conform in all respects with
these rules, and be signed by the applicant.
2. Every lamp proposed to be fixed against the fascia
of the shop front, or against the wall over the shop front,
shall not exceed such sizes, dimensions, and projections as
may be approved by the Council, and shall not in any
case be fixed at a less height than 10 feet in the clear
above the pavement, nor project more than 6 feet from
the line of building frontage where the footway is 7 feet
or more in width, and in those cases where the footway
paving is less than 7 feet in width, the said lamps shall
not project more than 12 inches less than such width.
3. Lamps fixed against the pilasters or other portions
of the shop front (except the fascia) shall not exceed
18 inches square and (including lamp and bracket)
4 feet in height. They shall not project more than 2
feet 6 inches beyond the face of pilaster or other portion
of the shop front to which they are affixed, and no part of
the lamp or bracket shall in any case be less than 8
feet in the clear above the footway pavement.
4. All lamps shall be glazed at the bottom with trans-
parent glass.
5. No lamp shall bear any advertisement, nor any
writing, drawing, or inscription thereon, except as may
be approved by the Council.
6. All lamps shall remain only during the pleasure of
the Council and shall, within fourteen days after notice
in writing from the Council, left on the premises, be re-
moved, and if not so removed the Council will remove and
dispose of the same.
580 LONDON COUNTY COUNCIL.
7. On the approval by the Council of any application
for permission to fix a private lamp, a licence granting
the same will be issued, signed by the Surveyor to the
Council.
Conditions for the Regulation of Hoards and Scaffolds.
All persons intending to pull down, build, rebuild, alter,
or repair any frontage or other external wall abutting on
any public way within the Metropolitan Boroughs shall,
before commencing such works, give notice to the Surveyor
to the Council of their intention to do so and shall apply
for and obtain a licence from the said Surveyor authoris-
ing them to erect such hoard, fence, or other enclosure
with scaffold, or to erect a scaffold with or without such
hoard, fence, or other enclosure as the Council may con-
sider necessary, for the purpose of enclosing and carrying
on such works as aforesaid.
The licence will be granted by the said Surveyor, and
will state the place where, and the purpose for which such
hoard or fence, scaffold or enclosure is to be set up or
made, and the size thereof, and the time for which it is to
be permitted to continue.
The greatest height that will be allowed for all hoards,
fences, or enclosures will be 12 feet, measuring from the
level of footway paving to the highest point of the said
hoarding.
The projection on the public way that will be allowed
for all such hoards, fences, scaffolds, or enclosures will be
not more than 4 feet from the line of building frontage in
streets of 30 feet in width and under, and a projection of
not more than 6 feet in those streets that have a greater
width than 30 feet, subject only to the conditions here-
after, as to platforms or bridges formed over the footway.
In all cases where the clear width of footway that may
be left for the accommodation of the public traffic, between
the external face of the said hoard, fence, scaffold, or en-
closure and the outer edge of kerb of footway is less than
4 feet, the applicants shall form at their own expense, and
uphold, maintain, and keep in good condition and repair,
a proper and substantial platform or gangway, to serve as
a footway not less than 4 feet wide for passengers, outside
such hoard, fence, scaffold, or enclosure ; with sufficient
BY-LAWS AS TO HOARDS AND SCAFFOLDS. 581
handrails, posts, guards, fans, screens, lights, &c., and
other securities as may be necessary for the purpose of
protecting the public passing along the said passage-way
from danger or annoyance.
In all cases where the Surveyor may so direct, the ap-
plicants shall form at their own expense a staging or bridge
over the public way for the purposes of their works, so as to
allow the public foot traffic to pass beneath the same. The
said platform, staging, or bridge shall be well and strongly
constructed of good, sound, and sufficient materials ; the
uprights carrying the same shall be of good sound timber,
each upright in one length, not less than 36 inches in sec-
tional area, and placed not more than 6 feet apart. They
shall be properly braced, and be secured by iron dogs or other-
wise to timber fenders or sills laid on the street paving.
The passage-way beneath the said platform or staging
shall be well paved or floored, and kept cleaned at the ap-
plicants' expense. It shall in no part be less than 4 feet
wide, and 8 feet 6 inches in clear internal height ; the
floor of the platform over such passage-way shall be formed
of not less than two layers of 3-inch deal laid crosswise on
each other, and the said platform shall be enclosed on the
three sides next the street with good stout and sufficient
hoarding, well and securely constructed and fixed, the
boards forming the said hoarding to be not less than 1 inch
thick, and the top of such hoarding shall not exceed in
height 16 feet above the public way.
The owner of the premises against which the said hoard,
fence, scaffold, enclosure, staging, platform, &c., as the
case may be, shall be placed, shall cause the same to be
well and sufficiently lighted at night, and shall keep the
same in good condition and repair during the whole time
the same shall remain, and in the event of failure to do
so, the Council may cause the same to be repaired and
made good, or properly and sufficiently lighted, or may re-
move the said hoard, fence, scaffold, enclosure, staging, or
platform, as the Council may deem fit, and recover the
cost of such removal, and all forfeitures, penalties, &c.,
incurred by the said owner under the provisions of the
Metropolis Local Management Acts, and other Acts relat-
ing thereto, in the manner provided by the said Acts.
The applicants will be required to sign the licence when
granted to them, and also the counterfoil of the said licence
582 LONDON COUNTY COUNCIL.
kept in the Surveyor's Office, and such signature shall be an
acknowledgement of theirperusal of and agreement to these
rules. They will be required to pay the Surveyor's fee of
2s. 6d. for issuing the said licence, and shall also deposit
with the Surveyor such sums of money as he shall estimate
as necessary to cover the expenses of the Council in repair-
ing, relaying, and making good to the paving or other works
of the Council that may be injured, destroyed, or disturbed
by reason of the said hoard, &c., and also the cost of erect-
ing, maintaining, repairing, lighting, &c., to the same, in
case the applicant should fail to do so ; and in the event
of such deposit not being sufficient to cover the said ex-
penses and any other expenses to which the Council may
be put by reason of such hoard, &c., and of the applicants
neglecting or refusing to pay the difference on demand,
the Council shall be at liberty to recover the same in the
manner provided by the Acts before referred to.
[Advertising Stations Rating Act, 1889.]
[52 & 53 Victoria, chapter 27.]
By the above Act, power is conferred on Local Autho-
rities, now the Borough Councils, either to prohibit, or to
allow, the affixing of advertisements on hoardings erected
in pursuance of licences granted by them, and they are
empowered to sanction the affixing of advertisements on
such hoardings on such conditions as to payment and
otherwise as they may determine. The 5th section of
this Act provides that any person using any hoarding,
gantry, scaffold, or other structure, other than as permitted
by such licence, shall be liable to a penalty not exceeding
five pounds, with an additional penalty of forty shillings,
for every day during which such usage shall be continued.
The Board have in accordance therewith determined to
allow advertisements to be affixed on hoardings erected
under licences granted by them on payment of the follow-
ing sums : —
1 For main streets Is. 6d. per yard superficial per month
For other streets 9d. „ „
(N.B. — Fractions of a yard are charged as a yard.)
1 The charges have reference to those made by the Council of the
Borough of Holborn.
(ADVERTISING STATIONS BATING ACT, 1889). 583
In these streets the charge therefore will be at the rate
of Is. 6d. per yard superficial per month, and in all other
streets in the district the charge will be 9d. per yard
superficial per month.
The person applying for licences to erect hoardings will
be required to state whether he intends to affix advertise-
ments or not ; and if he desires to do so, he will have to
pay the fees calculated at the foregoing rate, before the
licence isgranted ; but if he electsnottoaffix advertisements,
and permission to do so be not set forth in the said licence,
none will be allowed, and in the event of any advertise-
ments being fixed, proceedings will be forthwith taken to
recover the said penalties as provided by the Act.
584
REGULATIONS MADE UNDER
THE METROPOLIS WATER ACT, 1871.
Place of im No "communication pipe" for the conveyance of
cation pfpe. water from the waterworks of the Company into any
premises shall hereafter be laid until after the point or
place at which such " communication pipe " is proposed
to be brought into such premises shall have had the
approval of the Company.
weight of 2. No lead pipe shall hereafter be laid or fixed in or
lead pipes, about any premises for the conveyance of or in connection
with the water supplied by the Company (except when
and as otherwise authorised by these regulations, or by
the Company), unless the same shall be of equal thickness
throughout, and of at least the weight following, that is
to say : —
Internal Diameter of Pipe
Weight of Pipe in Ibs. per
in inches.
lineal yard
f-inch diameter.
5 Ibs. per lineal yard.
i ,
6
f ,
7i
1 ,
9 „ ,
1 ,
12
H ,
16
Interior
pipes.
3. Every pipe hereafter laid or fixed in the interior of
any dwelling-house for the conveyance of, or in connec-
tion with, the water of the Company, must, unless with
the consent of the Company, if in contact with the
ground, be of lead, but may otherwise be of lead, copper,
or wrought iron, at the option of the consumer.
REGULATIONS-METROPOLIS WATER ACT, is7i. 585
4. No house shall, unless with the permission of
Company in writing, be hereafter fitted with more than
one " communication pipe ". toeachPipe
5. Every house supplied with water by the Company house.
(except in cases of stand-pipes) shall have its own gj^JJ with
separate "communication pipe". Provided that, as far certain ex-
as is consistent with the special Acts of the Company, in to havetts
the case of a group or block of houses, the water-rates of JJJJdca?'
which are paid by one owner, the said owner may, at his tion pipe.
option, have one sufficient " communication pipe " for
such group or block.
6. No house supplied with water by the Company NO house
shall have any connection with the pipes or other fittings connection
of any other premises, except in the case of groups or Jags o?*"
blocks of houses, referred to in the preceding regulation, adjoining
7. The connection of every " communication pipe " house>
with any pipe of the Company shall hereafter be made
by means of a sound and suitable brass screwed ferrule connection
or stop-cock with union, and such ferrule or stop-cock J^®^
shall be so made as to have a clear area of waterway stop-cock.
equal to that of a half-inch pipe. The connection of
every " communication pipe " with the pipes of the
Company shall be made by the Company's workmen, and
the Company shall be paid in advance the reasonable
costs and charges of and incident to the making of such
connection.
8. Every " communication pipe " and every pipe ex- Material
ternal to the house and through the external walls thereof, o?externai
hereafter respectively laid or fixed, in connexion with the pipes.
water of the Company shall be of lead, and every joint
thereof shall be of the kind called a " plumbing " or
" wiped " joint.
9. No pipe shall be used for the conveyance of, or in NO pipe to
connection with, water supplied by the Company, which through
is laid or fixed through, in, or into any drain, ashpit, drains, &c.
sink, or manure-hole, or through, in, or into any place
where the water conveyed through such pipe may be
liable to become fouled, except where such drain, ashpit,
sink, or manure-hole, or other such place, shall be in the
unavoidable course of such pipe, and then in every such
case such pipe shall be passed through an exterior cast-
iron pipe or jacket of sufficient length and strength, and
586 REGULATIONS— METROPOLIS WATER ACT, 1871.
of such construction as to afford due protection to the
water pipe.
Dieesunder ~^' -^verv P^P6 nerea^er ^^ f°r tne conveyance of, or
ground11 ** in connection with, water supplied by the Company, shall,
when laid in open ground, be laid at least 2 feet 6
inches below the surface, and shall in every exposed
situation be properly protected against the effects of frost.
NO con- 11. No pipe for the conveyance of, or in connection
wtthrain- with, water supplied by the Company, shall communicate
receptacle. w^^ anv cistern> butt, or other receptacle used or in-
' tended to be used for rain-water.
stop-valve. 12. Every " communication pipe " for the conveyance
of water to be supplied by the Company into any
premises shall have at or near its point of entrance into
such premises, and if desired by the consumer within
such premises, a sound and suitable stop-valve of the
screw-down kind, with an area of waterway not less than
that of a half-inch pipe, and not greater than that of the
" communication pipe,'' the size of the valve within these
limits being at the option of the consumer.
If placed in the ground such "stop- valve" shall be
protected by a proper cover and " guard-box ".
Character 13. Every cistern used in connection with the water
an™!-*™8 supplied by the Company shall be made and at all times
taps. maintained watertight, and be properly covered and
placed in such a position that it may be inspected and
cleansed. Every such existing cistern, if not already
provided with an efficient "ball-tap," and every such
future cistern shall be provided with a sound and suit-
able " ball -tap " of the valve kind for the inlet of water.
Waste 14. No overflow or waste pipe other than a " warning
removeVor P*Pe " sna11 be attached to any cistern supplied with water
converted by the Company, and every such overflow or waste pipe
inVpipes" existing at the time when these regulations come into
operation shall be removed or at the option of the
consumer shall be converted into an efficient " warning
pipe," within two calendar months next after the Com-
pany shall have given to the occupier of, or left at the
premises in which such cistern is situate, a notice in
writing requiring such alteration to be made.
Arrange- 15. Every " warning-pipe " shall be placed in such a
warning situation as will admit of the discharge of the water from
pipes. such "warning pipe" being readily ascertained by the
REGULATIONS— METROPOLIS WATER ACT, 1871. 587
officers of the Company. And the position of such
" warning pipe " shall not be changed without previous
notice to and approval by the Company.
16. No cistern buried or excavated in the ground shall Buried
be used for the storage or reception of water supplied by pioSbi^ed.
the Company, unless the use of such cistern shall be
allowed in writing by the Company.
17. No wooden receptacle without a proper metallic Butts pro-
lining shall be hereafter brought into use for the storage hlblted-
of any water supplied by the Company.
18. No draw-tap shall in future be fixed unless the Ordinary
same shall be sound and suitable and of the " screw-
down " kind.
19. Every draw-tap in connection with any " stand Draw-taps
pipe " or other apparatus outside any dwelling-house in
a court or other public place, to supply any group or stand
number of such dwelling-houses, shall* be sound andpl1
suitable and of the " waste-preventer " kind, and be
protected as far as possible from injury by frost, theft, or
mischief.
20. Every boiler, urinal, and water-closet in which Boilers,
water supplied by the Company is used (other thanj^'8>
water-closets in which hand flushing is employed), shall, and urinals
within three months after these regulations come into cistern!
operation, be served only through a cistern or service-box
and without a stool-cock, and there shall be no direct
communication from the pipes of the Company to any
boiler, urinal, or water-closet.
21. Every water-closet cistern or water-closet service- water-
box hereafter fitted or fixed in which water supplied by p^atus5
the Company is to be used, shall have an efficient waste-
preventing apparatus, so constructed as not to be capable
of discharging more than two gallons of water at each
flush.
22. Every urinal cistern in which water supplied by urinal
the Company is used other than public urinal cisterns, or £pptratus.
cisterns having attached to them a self-closing apparatus,
shall have an efficient " waste-preventing '' apparatus, so
constructed as not to be capable of discharging more than
one gallon of water at each flush.
23. Every " down-pipe " hereafter fixed for the discharge water-
of water into the pan or basin of any water-closet shall J*JJJ*
have an internal diameter of not less than one inch and a pipes.
588 REGULATIONS— METROPOLIS WATER ACT, 1871.
Pipes sup-
plying
water-
closet to
communi-
cate with
cistern
only.
Bath to be
without
overflow
pipe.
Bath ap-
paratus.
Alteration
of fittings.
Waterway
of fittings.
quarter, and if of lead shall weigh not less than nine
pounds to every lineal yard.
24. No pipe by which water is supplied by the Company
to any water-closet shall communicate with any part of
such water-closet, or with any apparatus connected there-
with, except the service cistern thereof.
25. No bath supplied with water by the Company shall
have any overflow waste pipe, except it be so arranged as
to act as a " warning pipe ".
26. In every bath hereafter fitted or fixed the outlet
shall be distinct from, and unconnected with, the inlet or
inlets ; and the inlet or inlets must be placed so that the
orifice or orifices shall be above the highest water level of
the bath. The outlet of every such bath shall be provided
with a perfectly watertight plug, valve, or cock.
27. No alteration shall be made in any fittings in con-
nection with the supply of water by the Company without
two days' previous notice in writing to the Company.
28. Except with the written consent of the consumer,
no cock, ferrule, joint, union, valve, or other fitting, in the
course of any "communication pipe," shall have a water-
way of less area than that of the "communication pipe,"
so that the waterway from the water in the district pipe
or other supply pipe of the Company up to and through
the stop-valve prescribed by Eegulation No. 12, shall not
in any part be of less area than that of the " communica-
tion pipe " itself, which pipe shall not be of less than a
half-inch bore in all its course.
29. All lead " warning pipes " and other lead pipes of
which the ends are open, so that such pipes cannot remain
charged with water, may be of the following minimum
weights, that is to say : —
J inch (internal diameter) - - 3 Ibs. per yard.
A » » » - - - O ,,
7
J> » J) 5>
30. In these regulations the term " communication
P*Pe " s^a^ mean ^e P*Pe which extends from the district
tion pipe ". pipe or other supply pipe of the Company up to the
" stop- valve " prescribed in the Eegulation No. 12.
31. Every person who shall wilfully violate, refuse, or
neglect to comply with, or shall wilfully do or cause to
Weight of
lead pipes
having
open ends.
Definition
munica?"
penalties.
REGULATIONS— METROPOLIS WATER ACT, 1871. 589
be done any act, matter, or thing, in contravention of these
regulations, or any part thereof, shall, for every such
offence, be liable to a penalty in a sum not exceeding 51.
32. Where under the foregoing regulations any act is Authorised
required or authorised to be done by the Company, the JS°for may
same may be done on behalf of the Company by an autho- Company,
rised officer or servant of the Company, and where under
such regulations any notice is required to be given by
the Company the same shall be sufficiently authenticated
if it be signed by an authorised officer or servant of the
Company.
33. All existing fittings, which shall be sound and Existing
efficient, and are not required to be removed or altered under lng8'
these regulations, shall be deemed to be prescribed fittings
under the "Metropolis Water Act, 1871 ".
590
SECTION K.
FORMS IN USE.
PAOE
A. Forms in use relating to building and party walls - 591-593
Notice from District Surveyor to Builder or Building
Owner of objection ..... 593, 594
Notice of irregularity 594, 595
Notice to Owner or Occupier, &c., of irregularity - 596
Notice to amend irregular work under the by-laws 597, 598
Notice for deposit of plans under The Metropolitan
Building Act, 1855, 18 & 19 Viet. cap. 122, and
the Metropolis Management and Building Acts
Amendment Act, 1878, 41 & 42 Viet. cap. 32, Part
II. - 598,599
Notice for production of plans, ditto, ditto - 600, 601
Penalty notice 601
B. Forms in use relating to dangerous structures - - 602, 603
No. 1. Information that a structure is in a dangerous
state - - 602
No. 3. Certificate of survey of structure 602, 603
No. 5. Surveyor's report on inspection after notice - 603
C. Forms in use relating to the rights of building and
adjoining owners 604-611
Form A— Party structures - 604-606
Form B — Intention to build within 10 feet of, and at
a lower level than, adjoining owner's building 607, 608
Form C — External walls with footings projecting into
adjoining owner's premises .... 608, 609
Form D — Party walls on line of junction of adjoining
lands - - - 610,611
Form E — Appointment of Third Surveyor - - - 611
Notice from owner to the London County Council of
intention to erect building under the London
Building Acts (Amendment) Act, J905 - - 612-615
591
LONDON COUNTY COUNCIL
FOKMS.
A.— FORMS IN USE RELATING TU BUILDING
AND PARTY WALLS.
THE LONDON BUILDING ACT, 1894.
57 & 58 VIOT., CAP. 2i*
the London It ^°' *• — Notice from the Builder or Person causing
0 u tv )) or Directing the work to be executed to District
Council. / Surveyor.
To Mr , District Surveyor of
As the builder or- person causing or directing the work under-
mentioned to be executed, I hereby give you notice that after two
clear days from the service on you of this notice, the proposed work
will be begun.
The following are the particulars of the proposed work : —
Situation of building or structure (or 01 each, if more than one) :— >
Parish of
Street-
Number in street (if any)
Description of locality (if the site be vacant)
Intended use of building or structure (or of eaoh, if more than one)
and number of buildings or structures (if more than one) : —
Domestic building to be used as
Building of the warehouse class to be used at
Public building to be used as
Structure to be used as
592 FORMS.
Additions or alterations to building or structure (or to each, if
more than one, if additions or alterations are the subject of the
notice), and nature of addition or alteration: —
To domestic building
To building of the warehouse class
To public building
To structure
The nature of the work is
Dimensions of building or structure (or of each, if more than one* :—
Area-
Depth feet I
x
Width » I
Height
Number of storeys
Additions (if any) : —
ft. x ft.
Owner : —
Name
Address
Occupier (if any) s—
Name
Address
Date of commencement of work day of 19
Date of notice day of 19
Signature of person giving notice
Address
INSTRUCTIONS.
1. This Form is to be used for new buildings or structures, or
additions, or alterations, or on work being resumed after suspension
for a period exceeding three months, or where there is a change of
builder. (Sec. 145.)
2. For neglecting to give notice a penalty of forty sttiilings may be
imposed, and also a daily penalty of a like amount.
3. Where several additions or alterations are to be made, each
should be clearly described.
4. As to Area. The expression "area" applied to a building
means the superficies of a horizontal section thereof made at the
point of its greatest surface, inclusive of the external walls and of
FORMS. 593
such portions of the party walls as belong to the building. (Sec. 5,
Sub-sec. 22. ) In calculating the area of any new building for the
purposes of their fees, District Surveyors are authorised to include
the area of all outbuildings not exceeding thirty feet in area,
whether attached or not, provided such outbuildings be erected at
the same time as the main building. (3rd Schedule, Reg. 5. )
5. As to Height. The neignt ol every enclosing wall is to be
measured from the base of the wall (" base" is defined to mean the
underside of the course immediately above the footings) (Sec. 5,
Sub-sec. 10) to the top of the topmost storey, whether such wall
be carried to the full height or not, or in case of a gable when
there are no storeys in the roof to half the height of the gable.
(Schedule 1, Preliminary Rule 7.)
6. Work required, by reason of any emergency, to be done im-
mediately or before notice can be given, may be begun provided
notice be served on the District Surveyor within twenty-four hours
after it has been begun. (Sec. 149. ) In such cases this Form will
have to be varied so as to suit the altered circumstances.
7. 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.
(Sec. 5, Sub-sec. 33.)
8. Seven days' notice of any new house or building has to be
given to the Vestry or District Board under Section 76 of the
Metropolis Local Management Act, 1855.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213.
3e»l Of
the London \\ NO< 2.- Notice from District Surveyor to Builder
County a or Building Owner of objection.
Council. '' J
DISTRICT SURVEYOR'S OFFICE:
To Mr
of
Builder or Building Owner.
With reference to the building notice served on me on the
day of , 19 , relating to proposed
work to be carried out by you as builder or building owner at the
undermentioned building or structure, I hereby give you notice of
38
594 FORMS.
objection to such work, as it will not be in conformity with the
above Act in the following particulars :—
Building or structure referred to : —
Situation of building or structure : —
Parish of
Street
Number in street (if any)
Description of locality (if the site be vacant)
Particulars of work which will be in contravention of the Act : —
Particulars of work required by the Act, but which ie proposed
to be omitted : —
Dated this day of 19 .
Signature of District Surveyor
District of
INSTRUCTION.
Any person dissatisfied with the decision of the District Surveyor
may within fourteen days of the date of the notice of objection
appeal to a Petty Sessional Court, who may make an order either
affirming the objection or otherwise. (Sec. 150.)
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213.
Seal of
the London .
County // No- 3.— Notice of irregularity.
Council. /
DISTRICT SURVEYOR'S OFFICE:
To Mr
of
Builder.
I hereby give you notice that the work which you are now
engaged in doing at the undermentioned building or structure is
not in conformity with the said Act in the particulars hereunder
stated ; and I hereby require you, within forty-eight hours from
FORMS. 595
the date hereof, to bring the same ;nto conformity with the said
Act in such particulars.
Building or structure referred to : —
Situation of building or structure : —
Parish of
Street
Number in street (if any)
Description of locality (if the site be vacant)
Particulars of work done in CONTRAVENTION of the Act. and to
be amended : —
Particulars of work required to be done by the Act, but OMITTED,
and now to be done : —
Particulars of work to be cut into, laid open, or pulled down, to
ascertain whether anything has been done or omitted to be done as
aforesaid : —
Dated this day of 19 .
Signature of District Surveyor
District of
INSTRUCTIONS.
1. If the building has ceased to be in charge of or under the
control of the builder, the builder or owner should, on this notice
being served, immediately serve on the District Surveyor a notice in
writing stating the date at which the building ceased to be in the
charge of or under the control of such builder. Sec. 152, Sub-sec. IA.
2. If the owner of the building or structure does not allow the
builder to comply with the requisitions of this notice, the builder
should serve on the District Surveyor notice to that effect as soon
as possible after the service on the builder of this notice. Sec. 152,
Sub-sec. 2.
596 FORMS.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213.
No. 4. — Notice to Owner or Occupier, &c., of
irregularity.
DISTRICT SURVEYOR'S OFFICE :
The owner or occupier of the building or structure under-
mentioned, or other the person causing or directing or who
has caused or directed the work hereunder specified.
I hereby give you notice that the work at the undermentioned
building or structure (which building or structure has ceased to be
in charge of or under the control of the builder) or (the owner of
which building or structure does not allow the builder to comply
with the requisitions of a notice of irregularity, which has been
duly served on such builder) is not in conformity with the said
Act in the particulars hereunder stated, and I hereby require you,
within forty-eight hours from the date hereof, to bring the same
into conformity with the said Act in such particulars.
Building or structure referred to : —
Situation of building or structure :—
Parish of
Street
Number in street (if any)
Description of locality (if the site be vacant)
Particulars of work done in CONTRAVENTION of the Act, and to
be amended : —
Particulars of work required to be done by the Act, but OMITTED,
and now to be done : —
Particulars of work to be cut into, laid open, or pulled down, to
ascertain whether anything has been done or omitted to be done as
aforesaid : —
Dated this day of 19 .
Signature of District Surveyor
District of
FORMS. 597
Form "A" — Notice to Amend Irregular Work under the
By-laws.
[N.B.— This Form was sanctioned by the Metro-
politan Board of Works, and sealed as required
by the Statutes in that behalf provided. It is
still in use under the Council's by-laws.]
THE METROPOLITAN BUILDING ACT, 1855, 18 & 19 VICT.,
CAP. 122, AND THE METROPOLIS MANAGEMENT AND
BUILDING ACTS AMENDMENT ACT, 1878, 41 & 42
VICT., CAP. 32, PART II.
DISTRICT SURVEYOR'S OFFICE FOR THE DISTRICT.
ToMri
of
the occupier [or
the builder, or
the owner] engaged in constructing the house, building, or
erection hereinafter described.
Take notice that the house, building, or other erection situate
and being as follows : —
Nature of building
Parish
Street or place
Number in street (if any)
Description of locality or site
has been begun to be and is constructed contrary to the provisions
of the by-laws made under the authority of the said Act of 1878,
in the following respects : $
* Insert address.
t Insert name of owner, occupier, or builder, as the case may be. It
will be preferable to insert that of the builder in cases where the work is
actually going on. Strike out the part not adapted to the case.
£ Here shortly state what is obiected to. as : 'The foundation or site
has not been properly prepared by excavating and removing the refuse or
dust therefrom.'
" The site has not been covered with a layer of concrete."
" The concrete used is not properly composed, or the materials, namely,
the lime, is not of proper quality, &c. &c."
"The external walls are not constructed of proper bricks or stone, or
are improperly put together, or bad mortar or cement is used."
598 FORMS.
And 1 hereby require you forthwith to conform to the provisions
of the said Acts and by-laws by * altering the whole [or the
part] of the aforesaid house, building, or other erection as follows : t
[or] J pulling down and removing the whole [or the part]
of the aforesaid house, building, or other erection.
Dated this day of 19 .
District Surveyor.
N.B.—By Section 17 of the Act 41 & 42 Viet., cap. 32 (1878), it
is enacted that in case any occupier, builder, owner, or other person,
during twenty-eight days after the service of this notice, fails to
comply with the requirements of such notice, he shall be liable to
a penalty of not less than ten shillings, and not more than forty
shillings, for every day from the time of the service of such notice,
as aforesaid, until the house, building, or other erection, or any
part thereof, comprised in such notice is altered, pulled down, or
removed, in accordance with the terms of such notice, and every
such penalty shall be in addition to any other penalty for breach of
any by-law.
Form " B" — Notice for Deposit of Plans.
[N.B. — This Form was sanctioned by the Metro-
politan Board of Works, and sealed as required
by the Statutes in that behalf provided. It is
still in use under the Council by-laws.]
THE METROPOLITAN BUILDING ACT, 1855, 18 & 19 VICT.,
CAP. 122, AND THE METROPOLIS MANAGEMENT AND
BUILDING ACTS AMENDMENT ACT, 1878, 41 & 42
VICT., CAP. 32, PART II.
DISTRICT SURVEYOR'S OFFICE FOR THE DISTRICT.
I, the undersigned, being the District Surveyor in and for the
said district, having received from you notice of the intended
* In cases where alteration or addition and no pulling down is required,
adept this part of the Form. Strike out the part not adapted to the case.
t Here state what alteration is required.
J In cases where pulling down and removal are required, adopt this
part. Strike out the part not adapted to the case.
§ Insert address.
FORMS. 599
erection of [or * re-erection of or alteration of or addition to] the
building [^intended to be] erected on the site described in your
said notice as being in street or place in the
parish of in the county of and known as £
and situate within my aforesaid district, do hereby
require you forthwith to deposit with me at my office aforesaid,
plans and sections of the proposed new building [or § alterations
and additions to the said building] such plans and sections to be
of sufficient detail to show the construction.
Dated this day of 19 .
District Survey or for the District of
II To Mr
N.B. — By the by-laws made under the authority of the above-
mentioned Statutes, and confirmed by the Secretary of State, it is
provided that on notice being given to a District Surveyor of the
intended erection, re-erection, alteration of, or addition to, a public
building, or a building to which Section 56 of the Metropolitan
Building Act, 1855, applies, it shall be the duty of the person
giving such notice to deposit plans and sections of such erection,
re-erection, alteration, or addition, with the District Surveyor.
Such plans and sections shall be of sufficient detail to show the
construction.
In case of any breach of any of the provisions contained in the
by-laws, the offender shall be liable for each offence to a penalty
not exceeding three pounds, and, in each case of a continuing offence,
to a further penalty not exceeding thirty shillings for each day after
notice thereof from the Board or the District Surveyor.
* As the case may be.
t Omit if building is one already built.
J Insert name (if any) by which building is known.
§ As the case may be.
II The person giving the notice of worki.
600 FORMS.
Form " C." — Notice for Production of Plans.
[N.B. — This Form was sanctioned by the Metro-
politan Board of Works, and sealed as required
by the Statutes in that behalf provided. It is
still in use under the Council's by-laws.]
THE METROPOLITAN BUILDING ACT, 1855, 18 & 19 VICT.,
CAP. 122, AND THE METROPOLIS MANAGEMENT AND
BUILDING ACTS AMENDMENT ACT, 1878, 41 & 42
VICT., CAP. 32, PART II.
DISTRICT SURVEYOR'S OFFICE FOR THB DISTRICT.
I, the undersigned, being the District Surveyor in and for the
said district, do hereby require you forthwith to produce and show
to me for my inspection at my office aforesaid, between the hours
of ten o'clock in the forenoon and four o'clock in the afternoon, a
plan or plans and sections of and relating to the intended house,
building, or other erection [or f of and relating to the intended
alterations and additions to the house, building, or other erection],
situate and being No. Street [or J to be erected on the
plot of land situate in ] in the parish of , in the
county of and within my aforesaid district, and in respect
of which erection, alterations, or additions you have caused notice
to be given to me as such District Surveyor.
Dated this day of 19 .
District Surveyor for the District of
§ToMr
N.B, — By the by-laws made under the authority of the above-
mentioned Statutes, and confirmed by tne Secretary of State, it is
provided that on notice being given to the District Surveyor of
the intended erection, or alteration of, or addition to, any house,
building, or other erection other than a public building, the District
Surveyor may, if he think fit so to do, by notice in writing, require
the person giving such notice to produce a plan, or plans, and
* Insert address. f As the case may be.
+ Strike out the words not adapted to the case.
§ The person giving the notice of works.
FORMS.
601
sections of any such house, building, or other erection, or of the
intended alterations or additions thereto, for his inspection.
In case of any breach of any of the provisions contained in the
by-laws, the offender shall be liable for each offence to a penalty
not exceeding three pounds, and, in each case of a continuing
offence, to a further penalty not exceeding thirty shillings for each
day after notice thereof from the Board or the District Surveyor.
Penalty Notice.
No.
To
Address
Situation and
particulars of
works com-
plained of
Dated
19
No.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213.
DISTRICT or
To Mr
Section 200, Sub-sec. 11 (b) of the above Act
enacts that any person who ought to serve a
building notice, fails to do so, or begins to
execute a work respecting which he ought to
serve a building notice before serving such
notice ; or, having served a building notice,
begins to execute the work to which it relates
before the expiration of two clear days after the
notice has ceased to operate, shall be liable to
a penalty not exceeding forty shillings and to a
daily penalty not exceeding the like amount.
I hereby inform you that you have rendered
yourself liable to these penalties by omitting to
give me the said notice of the works commenced
by you.
District Surveyor.
Dated this day of 19 .
602 FORMS.
B.— FORMS IN USE RELATING TO DANGEROUS
STRUCTURES.
No. 1. — Information that a structure is in a dangerous state.
Registered No.
LONDON COUNTY COUNCIL.
THE LONDON BUILDING ACT, 1894, AND THE LONDON BUILDING
ACT 1894 (AMENDMENT) ACT, 1898.
Dangerous Structures.
I hereby give you information that a certain structure, known as
No. in the parish of in the County of London,
is in my opinion in a dangerous state, and I request that the same
may be dealt with by you according to the Statute.
Dated this day of 19- .
Name
Address
To the London County Council.
No. 3. — Certificate of survey of structure.
Registered No.
LONDON COUNTY COUNCIL.
THE LONDON BUILDING ACT, 1894, AND THE LONDON BUILDING
ACT 1894 (AMENDMENT) ACT, 1898.
Dangerous Structures.
I certify that I have made a survey of the structure known
as No. in the parish of in the County of
London, as required by the London County Council, and that in
my opinion the said structure is in a dangerous state :
Further, that it is necessary that the said structure should
be shored up or otherwise secured, and that a proper hoard or fence
FORMS. 603
should be put up for the protection of passengers : Further, that
the owner or occupier should be required forthwith to take down
Owner's name and address
Area of building
Number of storeys
Length of time which may be reasonably allowed —
*(1) For execution of works
(2) For hoarding and shoring (if necessary)
Are the premises occupied ?
Dated this day of 19
Surveyor.
To the London County Council.
No. 6. — Surveyor's report on inspection after notice.
Registered Ao.
LONDON COUNTY COUNCIL.
THE LONDON BUILDING ACT, 1894, AND THE LONDON BUILDING
ACT 1894 (AMENDMENT) ACT, 1898.
Dangerous Structures.
I beg to report that on the day of 19 ,
I visited the structure known as No. in the parish of
upon the owner and occupier of which a notice that the
said structure was in a dangerous state, and requiring certain work
to be done thereto, was served on the day of 19 ,
and found
Dated this day of 19 .
Surveyor.
To W. E. RILEY, Esq.,
Superintending Architect.
* This time should, except in cases ot urgency, be not less than seven
days, to allow the time for the receipt from the owner of notice requiring
arbitration to elapse before a summons is issued. Sec. 107.
604 FORMS.
C.— FORMS IN USE RELATING TO THE RIGHTS
OF BUILDING AND ADJOINING OWNERS.
The following NOTICE FORMS (A TO E)/or use under the
LONDON BUILDING ACT, 1894, PART VIII. (RIGHTS OF
BUILDING AND ADJOINING OWNERS), have been prepared
by the Royal Institute of British Architects, and may be
obtained at the Office of the Institute, 9 Conduit Street,
Hanover Square, London, W., price 3d. each, postage
extra. They are the exclusive property of the Institute,
•and are reprinted in this Text-book by special permission
of the Council.
Form " A" — Party Structures.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213, PART VIII., SEC. 88 TO 92 INCLUSIVE
To
of
As building owner of the premises known as
and with reference to the party separating the said
premises from the adjoining premises on the side
thereof known as
hereby give you notice that after the expiration of
month from the date of service hereof intend to exercise
the rights given to by the London Building Act, 1894,
Section Sub-section by executing the works under-
mentioned, viz.: —
and propose to commence the work on or about
hereby appoint Mr of to act as
surveyor.
(Signature) Building Owner.
(Address]
Dated this day of 19
If the adjoining owner do not within fourteen days after the
service of this notice express his consent thereto, he will be con-
sidered to have dissented therefrom (see Sec. 90), and in such case
the Act requires him to appoint a surveyor. Sec. 91 (1).
FORMS. 605
DEFINITIONS (SEC. 5 OF ACT).
16. The expression " party wall " means —
(a) A wall forming part of a building and used or
constructed to be used for separation of adjoining
buildings belonging to different owners or occupied
or constructed or adapted to be occupied by dif-
ferent persons ; or
(6) A wall forming part of a building and standing to a
greater extent than the projection of the footings
on lands of different owners.
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 constructed on the
land of one owner the footings of which will project into the land
of another owner.
19. The expression "party arch" means an arch separating
adjoining buildings, storeys, or rooms belonging to different owners,
or occupied or constructed 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
staircases or separate entrances from without.
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 work 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.
NOTES.
This, as the primary notice, must be given in the case of party
structures at least two months, and in the case of party fence walls
at least one month, before the commencement of the work, and may
be served by delivering a copy thereof at, or by sending a copy
thereof by post in a registered letter to, the usual or last known
residence in the United Kingdom of the person to whom it is
addressed, or by delivering the same to some person on the premises
to which it relates, or, if no person be found on the premises, then
by fixing a copy thereof on some conspicuous part 01 the building
to which it relates, and in the case of a railway company by
delivering a copy thereof to the secretary at the principal office of
the said company.
606 FORMS.
Any notice by this Act required to be given to or served on the
owner or occupier of any premises may be addressed by the descrip-
tion of the "owner" or "occupier" of the premises (naming the
premises) in respect of which the notice is given or served without
further name or description.
It is desirable to add a sketch or drawing to scale to assist the
description of the situation, &c.
The proposed work may be particularised in some of the following
terms (see Sec. 88) : —
1. To make good, underpin, and repair the party structure if
defective or out of repair.
2. To pull down and rebuild the party structure if so far defective
or out of repair as to make such operation necessary or desirable.
3. To pull down the timber or other partition, and to build
instead thereof a party wall.
4. To pull down the intermixed rooms or storeys, or part thereof,
and to rebuild the same in conformity with this Act.
5. To pull down the arch or communication over the public way,
or over the passage
and to rebuild the same in conformity with this Act,
,6. To raise and underpin the party structure.
,, To underpin the external wall built against the party structure.
7. To pull down the party structure which is of insufficient
strength for the building intended to be built, and to rebuild the
same of sufficient strength for such purpose.
8. To cut into the party structure for the purpose of
9. To cut away the footings or chimney breasts, jambs, and flues,
or projecting from the party structure.
10. To cut away or take down such parts of the wall or building
as may be necessary in consequence of such wall or building over-
hanging the ground of the building owner, in order to erect an
upright wall against the same.
12. To raise the party fence wall.
„ To pull down the party fence wall, and to rebuild the same
as a party wall.
11. To perform any other necessary works incident to any of the
above-mentioned works.
Should the building owner propose to erect or re-erect with the
party wall any portion of his building within ten feet of, and at a
greater depth than the foundations of, the building belonging to the
adjoining owner, then an additional notice under Section 93 should
accompany this notice (see Form B, pp. 607 and 608.
FORMS. 607
Form " B" — Intention to Build within Ten Feet of, and at
a Lower Level than, adjoining Owner's Building.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213, PART VIII., SEC. 93.
To
of
As building owner of the premises known as
hereby give you notice that after the expiration of two
months from the date of the service hereof intend to erect
within ten feet of the building belonging to you on the side
of own premises, and situate and being
a building or structure some part of which within the said ten feet
and as shown on the plans and sections annexed hereto will extend
to a lower level than the foundations of your building, and to
exercise the rights given to by the London Building Act, 1894,
by executing the works undermentioned, viz. : —
and propose to commence the work on or about the
hereby appoint Mr of to act as
surveyor.
(Signature) Building Owner.
(Address)
Dated this day of 19 .
If the adjoining owner shall within fourteen days after being
served with the above notice give a counter notice in writing that
he disputes the necessity of, or requires such underpinning or
strengthening, a difference shall be deemed to have arisen — Section
93 (2) — and in such case the Act requires him to appoint a sur-
veyor. Section 91 (1).
DEFINITIONS (SEC. 5 OF ACT).
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 work affecting that party wall or party structure.
608
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.
NOTES.
This, as the primary notice, must be given at least two months
before the commencement of the work, and may be served by de-
livering a copy thereof at, or by sending a copy thereof by post in
a registered letter to, the usual or last known residence in the
United Kingdom of the person to whom it is addressed, or by
delivering the same to some person on the premises to which it
relates, or, if no person be found on the premises, then by fixing a
copy thereof on some conspicuous part of the building to which it
relates, and in the case of a railway company, by delivering a copy
thereof to the secretary at the principal office of the said company.
Any notice by this Act required to be given to or served on the
owner or occupier of any premises may be addressed by the descrip-
tion of the "owner" or "occupier" of the premises (naming the
premises) in respect of which the notice is given or served, without
Further name or description.
This notice must state whether the building owner proposes to
underpin or otherwise strengthen the foundations of the building
belonging to the adjoining owner.
The notice must be accompanied — see Section 93 (1) — by a plan
and sections showing the site of the proposed building, and the
depth to which the building owner proposes to excavate.
It is desirable, when the building owner proposes to underpin or
otherwise strengthen the foundations, that he should send with the
notice a further drawing, showing in detail such underpinning or
strengthening.
Form " C" — External Walls with Footings projecting into
adjoining Owner's Premises.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213, PART VIII., SEC. 87 (5 and 6).
To
of
As building owner of the premises known aa
hereby give you notice that after the expiration of one month
from the date of service hereof intend to erect an external
wall on own land adjoining your land situate and being
on the side of the said external wall, and to exercise
FORMS. 609
the right given to by the London Building Act, 1894, by
erecting a wall of the following description : —
and by placing the projecting footings and foundations of
said external wall on your land.
hereby appoint Mr of to act as
surveyor.
(Signature) Building Oumer.
(Address)
Dated thiB day of 19 .
DEFINITIONS (SEC. 5 OF ACT).
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 work 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 adjacent to that of the building owner.
NOTES.
This, as the primary notice, must be given at least one month
before the commencement of the work, and may be served by de-
livering a copy thereof at, or by sending a copy thereof by post in
a registered letter to, the usual or last known residence in the
United Kingdom of the person to whom it is addressed, or by
delivering the same to some person on the premises to which it
relates, or, if no person be found on the premises, then by fixing a
copy thereof on some conspicuous part of the building to which it
relates, and in the case of a railway company, by delivering a copy
thereof to the secretary at the principal office of the said company.
Any notice by this Act required to be given to or served on the
owner or occupier of any premises may be addressed by the descrip-
tion of the "owner" or "occupier" of the premises (naming the
premises) in respect of which the notice is given or served, without
further name or description.
It is desirable to add a sketch or drawing to scale to assist the
description of the situation, &c.
Where the building owner proceeds to build an external wall on
his own land, he has a right, at his own expense, at any time after
the expiration of one month from the service of the notice, to place
on the land of the adjoining owner, below the level of the lowest
floor, the projecting footings of the external wall, with concrete or
other solid substructure thereunder, making compensation to the
adjoining owner or occupier for any damage occasioned thereby, the
amount of such compensation, if any difference arise, to be deter-
mined in the manner in which differences between building owners
and adjoining owners are directed by the Act to be determined,
See Sees, 8? (6) and 91 (1),
39
510 FORMS.
Form " D." — Party Walls on Line of Junction of
Adjoining Lands.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213, PART VIII. , SEC. 87 (1, 2, 3, and 4).
To
of
As building owner of the premises known as
hereby give you notice that desire to build a party wall
partly on own land adjoining your vacant land situate and being
and to the of own said land.
The said party wall is desired to be of the following description : —
shall be obliged by your consent and by your furnishing
with the name of 'your surveyor,
hereby appoint Mr of
to act as surveyor.
(Signature) Building Oumer.
(Address)
Dated this day of 19 ,
DEFINITIONS (SEC. 5 or ACT).
16. The expression " party wall" means :—
(a) A wall forming part of a building and used or con-
structed to be used for separation of adjoining
buildings belonging to different owners or occupied
or constructed or adapted to be occupied by dif-
ferent persons ; or
(6) A wall forming part of a building and standing to a
greater extent than the projection of the footings
on lands of different owners.
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 work 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.
NOTES.
This, as the primary notice, must be given at least two months
before the commencement of the work, and may be served by
delivering a copy thereof at, or by sending a copy thereof by post in
FORMS. 611
a registered letter to, the usual or last known residence in the United
Kingdom of the person to whom it is addressed, or by delivering
the same to some person on the premises to which it relates ; or,
if no person be found on the premises, then by fixing a copy thereof
on some conspicuous part of the building to which it relates, and
in the case of a railway company, by delivering a copy thereof to
the secretary at the principal office of the said company.
Any notice by this Act required to be given to or served on the
owner or occupier of any premises may be addressed by the descrip-
tion of the "owner" or "occupier" of the premises (naming the
premises) in respect of which the notice is given or served, without
further name or description.
A sketch or drawing to scale showing the intended wall and its
situation should accompany this notice, and the description should
specify its thickness or thicknesses.
Form " E" — Appointment of Third Surveyor.
THE LONDON BUILDING ACT, 1894.
57 & 58 VICT., CAP. 213, PART VIII., SEC. 91.
We, the undersigned surveyors, duly appointed to act respectively
on behalf of M , of , the building
owner of premises known as , and for
M , of , the adjoining owner
of premises known as , both of the said premises
being referred to in the notice served by the said building owner
on the said adjoining owner on the day of ,
190 , hereby select Mr , of
third surveyor.
J
Surveyor to the ((Signature]
Building Owner \ (Address)
Surveyor to the / (Signature)
Adjoining Owner \ (Address)
Dated this day of 19
612
Notice from the Owner to the London County Council of
intention to erect building under
THE LONDON BUILDING ACTS (AMENDMENT)
ACT, 1905.
5 EDW. 7, c. ccix.
To THE LONDON COUNTY COUNCIL.
In pursuance of the provisions of Section 7 (1) of the
London Building Acts (Amendment) Act, 1905, 1, as owner,
hereby give you Notice that I propose to erect the under-
mentioned building, and I herewith deposit with you a
copy of the plans of such proposed building.
The following are the particulars of the proposed
building : —
Situation of proposed Building : —
Metropolitan Borough of
Street
Number in Street (if any)
Description of Locality (if the site be vacant)
Intended use of proposed Building : —
Domestic Building to be used as
Building of the Warehouse Class to be used as
Public Building to be used as
Size of the Proposed Building ;•—
Ground area to be occupied by the proposed building
feet by feet.
Height of the proposed Building ; — >
feet.
NOTICE OF INTENTION TO ERECT BUILDING. 613
Persons proposed Building will Accommodate : —
The largest number of persons for whom sleeping
accommodation will be provided in proposed
building will be persons.
The largest number of persons by whom the pro-
posed building will be occupied will be
persons.
The largest number of persons who will be able to
occupy the proposed building when constructed
will be persons.
The largest number of persons who will be employed
in the proposed building will be
persons.
The largest number of persons the proposed building
when constructed will accommodate for employ-
ment therein will be persons.
Owner ; —
Name
Address
Occupier (if any) of the proposed building or of the site
thereof : —
Name
Address
Builder : —
Name
Address
Date of Notice day of 19 .
Signature of Person giving Notice
Address
INSTKUCTIONS.
1. This Form is to be used in respect of a new building
coming within the provisions of Section 7 (1) of the Lon-
don Building Acts (Amendment) Act, 1905 ; that is to say,
614 LONDON COUNTY COUNCIL.
every new building (except a dwelling-house occupied as
such by not more than one family) which is (a) a high
building or (b) a building in which sleeping accommodation
is provided for more than twenty persons or which is oc-
cupied or constructed or adapted to be occupied by more
than twenty persons or in which more than twenty persons
are employed or which is constructed or adapted for the em-
ployment therein of more than twenty persons.
The expression " new building " means any building the
actual erection of which above the footings shall
not have been bona fide and substantially com-
menced at the date of the commencement of this
Act, or which has been taken down, burnt, or
destroyed for more than one-half of its cubical
extent, and re-erected or commenced to be re-
erected after such date, or of which the cubical
extent has been increased after such date by an
amount equal to the cubical extent of the build-
ing as existing before such increase, and any
existing building which by reason of any altera-
tion thereof or addition thereto, becomes a high
building after such date.
A high building as denned by the Act is a building
the upper surface of any floor of any storey
whereof is at a greater height than 50 feet above
the level of the footway (if any) immediately in
front of centre of the face of the building in
which such storey is situate, or (where there is
no such footway) above the level of the ground
before excavation.
The expression "owner" (except as used in the
section of this Act, the marginal note whereof is
" Fees to District Surveyors ") means the person
for the time being receiving the rack-rent of the
premises in connection with which the said ex-
pression is used whether on his own account or
as agent or trustee for any other person, or who
would so receive the same if such premises were
let at a rack-rent, but where used in the said sec-
tion the said expression shall have the same
meaning as is assigned thereto by Section 5 of
the Act of 1894.
NOTICE OF INTENTION TO ERECT BUILDING. 615
The expression " rack-rent " means rent which is not
less than two-thirds of the full amount* value of
the premises out of which the rent arises ; and
the full annual value shall be taken to be the
annual rent which a tenant might reasonably be
expected, taking one year with another, to pay
for the premises, if the tenant undertook to pay
all usual tenant's rates and taxes and tithe com-
mutation rent -charge (if any), and if the land-
lord undertook to bear the cost of the repairs
and insurance, and the other expenses (if any)
necessary to maintain the premises in a state to
command such rent.
2. For neglecting to give notice or to deposit plans as
required by the Act, a penalty not exceeding £20 may be
imposed, and also a daily penalty not exceeding £10.
3. Seven days' notice of any new house or building has
to be given to the Metropolitan Borough Council under
Section 76 of the Metropolis Local Management Act, 1855.
N.B. — This notice is in addition to and not in substi-
tution for the notice to be given to the District Surveyor
under Section 145 of the London Building Act, 1894.
Note. — This notice is to be delivered, or sent by post,
addressed to —
THE SUPERINTENDING ARCHITECT,
London County Council,
The County Hall,
Spring Gardens, S.W.
SECTION L.
•
LONDON COUNTY COUNCIL.
REVISED EEGULATIONS FOR
REINFORCED CONCRETE BUILDINGS.
618
LONDON COUNTY COUNCIL
(GENERAL POWERS) ACT, 1909.
REVISED REGULATIONS FOR REINFORCED
CONCRETE BUILDINGS.
PAET I.
GENERAL.
1 — The term "reinforced concrete" as occurring in
these regulations shall mean concrete which is reinforced
by metal so combined therewith that the metal will
(a) be sufficient to take up all the direct tensile stresses ;
(b) assist in the resistance to shear ;
(c) assist in the resistance to compression where
necessary.
2 — These regulations shall apply only to the construc-
tion of buildings of reinforced concrete in which the loads
and stresses are transmitted through each storey to the
foundations by a skeleton framework of reinforced concrete
or partly by a skeleton framework of reinforced concrete
and partly by a party wall or party walls.
3 — The skeleton framework of reinforced concrete of a
building together with the party wall or party walls (if
any) upon which such framework bears shall be capable of
safely and independently sustaining the whole dead load
and the superimposed load bearing upon such framework
and party wall or party walls, calculated in accordance
with the data hereinafter contained.
4 — All floors and staircases within the reinforced con-
crete framework (together with their enclosing walls) shall
REGULATIONS FOB REINFORCED CONCRETE. 619
be constructed throughout of incombustible materials and
be carried upon supports of incombustible materials.
5 — In the case of the erection of a new building of
reinforced concrete or the making of any addition or
alteration or the carrying out of other work under the
provisions of these regulations the like notice shall be
served upon the district surveyor as is required to be served
by Part XIII. of the London Building Act, 1894, and such
notice shall be accompanied (a) in the case of a new build-
ing by plans and sections of sufficient detail to show the
construction thereof, together with a copy of the calcula-
tions of the loads and stresses to be provided for and
particulars of the materials to be used ; and should such
plans, sections, calculations, or particulars as originally
furnished be not in sufficient detail, the person depositing
the same shall furnish the district surveyor with such
further plans, sections, calculations, or particulars as may
be reasonably necessary for the aforesaid purpose, and (b)
in the case of an alteration or addition or other work as
aforesaid by such plans, sections, calculations, and particu-
lars as may be reasonably necessary.
PART II.
DATA TO BE USED FOE THE PURPOSES OF
THESE REGULATIONS.
Floor and Roof Loads.
6 — The dead load of a building shall consist of the
actual weight of walls, floors, roofs, and all other perman-
ent construction comprised in such building.
7 — The superimposed load in respect of a building
shall consist of all loads other than the dead load.
8 — In calculating the loads on foundations, pillars, piers,
walls, framework, beams, and other constructions carrying
loads in buildings, the superimposed load on each floor and
on the roof shall be estimated as equivalent to the dead
load set forth in the regulations following, and numbered
nine to twenty-one, both inclusive.
620
LONDON COUNTY COUNCIL.
9 — For a floor the estimate shall be made in accordance
with the table immediately following : —
For a floor intended to be used wholly or principally
for the purpose of
Equivalent dead load
in pounds per square
foot.
Domestic buildings not hereinafter specified - 70
Asylum wards 84
Common lodging-house bedrooms - 84
Hospital wards 84
Hotel bedrooms 84
Workhouse wards - 84
Other similar purposes 84
Counting houses - 100
Offices - 100
Other similar purposes - 100
Art galleries 112
Chapels ... 112
Churches- - - 112
Classrooms in school buildings not being dwel-
ling houses so used 112
Lecture rooms 112
Meeting rooms ... 112
Music halls ... 112
Public assembly - - - - - - i 112
Public concert rooms - 112
Public library reading rooms - - - - j 112
Retail shops j 112
Theatres 112
Workshops - 112
Other similar purposes - 112
Ball rooms 150
Drill rooms 150
Other similar purposes . 150
Similar floors subject to vibration - - ^ 160
Book stores at libraries - 224
Museums- - 224
For every floor in a building of the warehouse
class not intended to be used wholly or prin-
cipally for any of the purposes aforesaid — not
less than 224
10 — For a roof the plane of which inclines upwards at
a greater angle than twenty degrees with the horizontal,
REGULATIONS FOE REINFORCED CONCRETE. 621
the superimposed load, which shall for this purpose be
deemed to include wind pressure and weight of snow and
ice, shall be estimated at twenty-eight pounds per square
foot of sloping surface normal to such sloping surface on
either side of such roof.
11 — For all other roofs the superimposed load shall be
estimated at fifty-six pounds per square foot measured on
a horizontal plane.
12 — If the superimposed load on any floor or roof is to
exceed that hereinbefore specified for such floor or roof
such greater load shall be provided for.
13 — In the case of any floor intended to be used for a
purpose for which a superimposed load is not specified in
these regulations, the superimposed load to be carried on
such floor shall be provided for.
14 — In cases where a rolling load actuated by mechanical
power is to be provided for such rolling load shall be taken
as equivalent to a static load 50 per cent, in excess of the
actual rolling load.
15 — Partitions and other structures superimposed on
floors and roofs may be included in the superimposed load,
provided the weight of the partition or other structure per
square foot of base does not exceed the permissible load
per square foot of floor or roof area. Partitions and other
structures of greater weight shall be specially provided for.
16 — For the purpose of calculating the total load to be
carried on foundations, pillars, and walls in buildings of
more than two storeys in height, the superimposed loads
for the roof and topmost storey shall be calculated in full,
but for the lower storeys a reduction of the superimposed
loads shall be allowed as follows : —
For the storey next below the topmost storey a reduc-
tion of 5 per cent, of the superimposed load on that
storey, as calculated in pursuance of the foregoing regula-
tions, shall be allowed ; for the next storey 10 per cent,
of the superimposed load on that storey similarly calculated ;
622 LONDON COUNTY COUNCIL.
and so on by increments of 5 per cent, per storey till the
reduction amounts to 50 per cent. It shall be taken at
50 per cent, per storey for all floors below.
17 — No such reduction as aforesaid shall be allowed in
the case of a building of the warehouse class.
Wind Pressure.
18 — All buildings shall be so designed as to resist
safely a wind pressure in any horizontal direction of not
less than twenty pounds per square foot of the whole
projected surface normal to the direction of the wind.
19 — All structures or attachments whatsoever in
connection with a building, including towers or other parts
which extend above the roof flat or gutter adjoining there-
to, shall be so designed as to resist safely a wind pressure
in any horizontal direction of not less than forty pounds
per square foot of the whole projected surface normal to
the direction of the wind.
Weights.
20 — In calculating the working load on beams and slabs
allowance shall be made for the weight of the beam or
slab itself.
21 — For the purposes of calculation, the weight of
reinforced concrete shall be taken at 150 pounds per cubic
foot.
Ratio of Span to Depth of a Beam.
22 — For the purpose of determining the ratio of span
to depth of a beam, the effective depth of the beam shall
be taken.
23 — The effective depth shall be measured from the
compressed edge of the constructional concrete to the
common centre of gravity of the tensile reinforcement.
24- — The span of a beam shall not exceed twenty times
the effective depth of the beam.
REGULATIONS FOR REINFORCED CONCRETE. 623
25 — The length of a cantilever shall not exceed five
times the effective depth at the bearing.
Bending Moments.
26— For the purpose of ascertaining the bending
moments on a beam or on a slab the effective span shall
be taken.
27 — In the case of non-continuous beams or slabs, the
effective span shall be taken as the distance between the
main vertical sides of the piers, pillars, or walls, plus the
effective depth of the beam or slab at the supports, or the
span between the centres of the necessary bearing surfaces,
whichever may be the lesser.
28 — In the case of continuous beams or slabs, the effec-
tive span shall be taken as the distance between the centres
of the supporting beams, piers, pillars, or walls.
29 — A beam shall be deemed to have fixed ends when
its ends are sufficiently secured to other parts of the
construction having such rigidity as will maintain the neu-
tral planes of the beam at the ends in their original direc-
tions under all variations in the incidence and intensity of
loading.
30 — The bending moment to be provided for at every
cross-section of a beam or of a slab shall be the maximum
at such cross -section, and shall be consistent with the
following equations —
(a) Bending moment at the fixed end of a cantilever
with a single concentrated load at the free end —
B = WJ
where W = weight, or working load.
I = length of effective span.
(b) Bending moment at the fixed end of a cantilever
with the load uniformly distributed —
R W*
-D = - - -
624 LONDON COUNTY COUNCIL.
(c) Bending moment at the centre of a beam with both
ends freely supported and a single concentrated load at
the centre —
s-JLL
(d) Bending moment at the centre of a beam with the
ends freely supported and the load uniformly distributed —
8
(e) Bending moment at the supports and at the centre
of a beam with both ends fixed and a single concentrated
load at the centre —
(f) Bending moment at the supports and at the centre
of a non-continuous beam with both ends fixed and the
load uniformly distributed —
T\r ;
B =
12
(g) Bending moment at the fixed end of a beam with
one end fixed and one end freely supported and the load
uniformly distributed —
B =—-L
(h) To allow for variations in the incidence of the
loading on contiguous spans of continuous beams and slabs,
the bending moments to be provided for at any cross-
section shall be the maximum at such cross-section due to
any position of the load or loads, and shall be consistent
with the following equations —
(») Bending moment near the middle of the span of a
REGULATIONS FOR REINFORCED CONCRETE. 625
beam with one end continuous and one end freely sup-
ported and the load uniformly distributed —
B
10
(/') Bending moment at the ends of a beam with both
ends continuous and the load uniformly distributed —
wz
(k) Bending moment at the centre of a beam with both
ends continuous and the load uniformly distributed —
(I) Bending moment across the centre of a square slab
supported on four edges and reinforced with mesh rein-
forcement or reinforced in two directions at right angles
to each other with load uniformly distributed —
lb
(m) Bending moment along the edges of a square slab
continuous over four edges and reinforced with mesh rein-
forcement or reinforced in two directions at right angles to
each other with reinforcements bent up over the supports,
the load being uniformly distributed —
^ WZ
20
(n) For other ratios of length to breadth, the bending
moments shall be found by the following formulas —
W = weight, or working load.
b = breadth of slab.
/ = length of slab.
40
626
LONDON COUNTY COUNCIL.
B = Bending moment at any
given cross-section.
Condition
at
supports.
B for shorter
span.
B for longer
span.
B at centre of span = B.
Free
W6
1
WZ 1
"8 '
1 + (D4
8 ' i + (5*
B at end of span = B«.
Fixed .
W6
i
WZ 1
10 '
1 + d)4
10"i + G)4
B at centre of span = Bc.
Fixed .
W6
i
WZ 1
10 *
/b \4
10 ' 1 /zy
i + (i)
Provided that when the length of a slab exceeds twice its
breadth no allowance shall be made for support in the
direction of the length of such slab.
In this and all other cases not otherwise provided for, the
bending moment on slabs shall be calculated as for beams.
31 — Subject to the provisions of the regulation num-
bered 67, the spacing of the reinforcement in slabs under a
uniform distributed load may be gradually increased from
the middle third of the slab towards the outer edges of the
slab provided —
(a) That the spacing at the outer edges be not greater
than three times the spacing at the centre of the
slab;
(6) That the bars or strands of the reinforcement be of
uniform diameter or thickness throughout the cross-
section of the slab.
32 — End spans of a series of continuous beams or slabs
shall only be considered as fixed at the extreme ends when
adequate provision is made for taking up the additional
stresses which would be induced in the supports by such
fixity.
33 — Bending moments over the supports of a continuous
beam shall not be taken as being reduced by reason of the
width of the supports measured in the direction of the span
of the beam.
REGULATIONS FOR REINFORCED CONCRETE. 627
34 — For every condition of loading not specified in these
regulations, the bending moment for beams or slabs shall
be calculated so as to give an equivalent margin of safety.
Continuous beams or slabs shall be designed to resist
the bending moments which would occur whether all or
alternate bays be loaded ; and the reinforcement shall be
carried at least as far as the points of contraflexure under
any condition of loading.
Working Stresses.
35— Except as further provided for in pillars, the per-
missible working stresses in concrete shall not exceed the
following —
Stresses in concrete.
Proportion by volume.
Cement.
Sand.
S'c
o~§
OS
4
1
O
1
Sand.
Coarse
material.
§'§ *•§
eg O eg
0 03 Og
112
1 2
li| 3
Pounds per
sq. in.
Pounds per
sq. in.
Pounds per
sq. in.
Direct compressive stress
500
550
600
Extreme flexural compres-
sive stress in beams
600
650
650
Grip or adhesion between
concrete and steel bars
hooked at both ends
80
80
80
Grip or adhesion between
concrete and steel bars
otherwise effectively an-
chored at the ends
60
60
60
Shearing stress .
60
60
60
Tensile stress
nil.
nil.
nil.
628 LONDON COUNTY COUNCIL.
The values of the direct compressive stress for inter-
mediate proportions may be estimated from the following
equation —
o = 700 - m V
where V equals the volume of the sand plus that of the
coarse material, per unit volume of cement.
The values of the extreme flexural compressive stress
for intermediate proportions may be estimated from the
following equation —
450 +
900
If V is less than 4-£, the stresses in the last column shall
not be exceeded.
36 — The permissible working stress in the steel shall
not exceed the following —
Stresses in mild steel complying with
the British Standard Specification.
Pounds per sq. in.
Compressive stress -
m times the stress in the con-
crete immediately sur-
rounding the steel (the
value of m being obtained
in accordance with regula-
tion 48)
Direct tensile stress in longitudinal
members
16,000
Tensile stress in web-reinforcement
12,000
Shearing stress -
12,000
37 — Provision shall be made for the stresses due to
eccentric loading.
REGULATIONS FOB REINFORCED CONCRETE. 629
38 — The algebraic sum of the stresses in any member
subject to eccentric loading shall not exceed the maximum
permissible direct stress.
39 — The term " combined stresses " when used in these
regulations shall mean the algebraic sum of all the stresses,
eccentric and direct, and any other stresses due to any
cause or causes.
Neither the steel nor the concrete shall be subjected to
combined stresses which together exceed the maximum
permissible direct stress on the steel or on the concrete, as
the case may be.
40 — 13 very member which can be subject to either tensile
or compressive stresses shall be designed and proportioned
to resist the maximum for each stress. (Also see regula-
tion 14.)
41 — -All joints in or between reinforced concrete mem-
bers shall be designed and arranged so that the stresses
which may come upon them shall be within the limits
allowed by these regulations.
42 — The concrete may be assumed to take up a shear-
ing stress of sixtypounds per square inch, but any remaining
shear shall be provided for by the reinforcement.
The vertical shear taken by the concrete shall only be
taken on the web area between the neutral axis and the
centre of pressure.
43 — (&) All tensile reinforcement shall be hooked or
otherwise effectively anchored at each end.
(b) Hooks at the ends of bars shall be of a — "* form ,
and shall have an inner diameter of at least five times the
diameter of the bar ; or when the hook fits over a main
reinforcing bar the diameter of the hook may be equal to
the diameter of such bar.
(c) When the bars are anchored at each end by fish-
tailing or other means, not being a hook, the width across
the fish-tail or other anchor shall not be less than twice the
normal diameter of the bar.
630 LONDON COUNTY COUNCIL.
Grip Length.
44 — The grip length or adhesion length of a bar em-
bedded in concrete shall be measured along the bar from
the inside of the hook or the nearer end of the other anchor-
age to any given cross- section.
45 — The grip or adhesion length (in inches) shall not be
less than the following—
In terms of
Condition
of ends.
Grip or adhesion lengths.
Circular
bar.
Square
bar.
Rectangular
bar.
Intensity of tensile stress
Hooked
td
320
td
320
tbd
160 (6 + d)
Total tension on the bar
Hooked
T
250d
T
320<5
T
160 (b + d)
Maxim, tension on bar
(16,000 pounds per
square inch)
Hooked
50d
50d
WObd
(F+3r
Intensity of tensile stress
Otherwise
anchored
td
"240
td
2lO~
tbd
1267&~HMJj
Total tension on the bar
Otherwise
anchored
T
T
T
iyod
240d
120 (b + d)
Maxim, tension on bar
(16,000 pounds per
square inch)
Otherwise
anchored
lOd
lOd
I50bd
(TTdj
Where
b = the breadth of the bar in inches.
d = the least diameter of the bar in inches.
T = total tension on the bar in pounds.
t = the tensile stress, in pounds per square inch, at the
given cross-section.
REGULATIONS FOB REINFORCED CONCRETE. 631
In the case of a bar having mechanical bond the least
diameter of the bar may be measured from outside to out-
side of the transverse projections provided —
(a) That the transverse projections are not farther apart
(centre to centre) than twice the normal diameter
of the bar ;
(b) That the height of such projections above the normal
surface of the bar shall be at least -j-^th of an inch
on all bars exceeding one-half inch in diameter and
^•nd of an inch on all bars not exceeding one -half
inch in diameter.
Modular Ratio.
46 — The term "modular ratio" (m) means the ratio of
the elastic modulus of steel to the elastic modulus of con-
crete.
47 — The elastic modulus for steel in tension or com-
pression shall be taken at thirty million pounds per square
inch.
48 — The modular ratio for steel and concrete shall be
taken as follows —
Proportion by volume.
Modular ratio,
m
Cement.
Sand.
Coarse material.
1
2
4
15
1
$
3
11
1
1
2
8
PART III.
BEAMS.
49 — The term "beam" shall include any beam, girder
lintel, bressummer or cantilever, or any other similar
member carrying transverse loads.
632 LONDON COUNTY COUNCIL.
50 — The least diameter or thickness of the longitudinal
bars in beams shall not be less than one-quarter of an inch.
51 — All other reinforcements in beams shall be at least
one-eighth of an inch in diameter or thickness.
52 — There shall be a distance of at least one inch
horizontally and one half-inch vertically between the bars
in beams except at joints or at points where the bars are
in direct contact and transverse to one another.
53 — The distance between the bars of the tensile rein-
forcement in a beam shall not be greater than six inches.
54 — Wiring used in beams for the purpose of holding
bars in position shall not be regarded as reinforcement.
Compressive Reinforcement.
55 — Where compressive reinforcement is provided in
beams the cross-sectional area of the beam may be assumed
to be increased by fourteen times the cross-sectional area
of the steel in compression.
56 — -Where compressive reinforcement is provided and
calculated to take part of the compression it must be
anchored by bars extending through the middle third of
the effective depth of the beam.
57 — The anchors shall not be farther apart (centre to
centre) than the effective depth of the beam, and not farther
apart than twenty diameters of the anchored bar.
In cases where the compressed concrete is hooped at the
ends of a beam, the stress within the hooped core, for the
distance of one quarter the span of the beam at each end,
may be taken at the same value as for a core in a pillar
similarly hooped. In this case the compressive stress in
the concrete outside the hooping shall not be taken into
account in estimating the compressive resistance.
Shear Reinforcement.
58 — Subject to the regulation numbered 42, all beams
shall be provided with adequate shear or web members
and such shear or web members shall—
REGULATIONS FOR REINFORCED CONCRETE. 633
(a) Be spaced according to the distribution and intensity
of the shearing stresses, but the distance from
centre to centre of the shear or web members at any
part of the beam shall not exceed five-sixths of
the effective depth of the beam.
(b) At least extend from the centre of the tensile rein-
forcement to the centre of pressure in the concrete
under compression.
(c) Be passed under or round the tensile reinforcement
or be otherwise secured thereto.
(d) Be hooked or anchored at both ends, in the same
manner as for tensile reinforcement.
59 — The shear or web members may be regarded as
anchors under the regulations numbered 56 and 57, pro-
vided they comply therewith.
Splays and Brackets at Ends of Beams and Bracketed
Work.
60 — Where the end of a beam is splayed for the purpose
of increasing the resistance moment, such splayed work
shall extend along the beam for a distance of one fifth of
the span.
61 — In cases where bracketed work in reinforced con-
crete is provided in the structural design to carry loads,
and to act as a cantilever, it shall be reinforced sufficiently
to provide for the stresses due to such loads.
SLABS.
62 — The effective depth of slabs shall be measured from
the compressed edge of the constructional concrete to the
centre of gravity of the tensile reinforcement. In the case
of floor slabs the effective depth shall not be less than four
inches, and the total finished thickness shall not be less than
five inches.
63 — The least diameter or thickness of independent
reinforcing bars in slabs shall not be less than one-quarter
of an inch.
634 LONDON COUNTY COUNCIL.
64 — All rigidly connected mesh reinforcement in slabs
shall be at least one tenth of an inch in diameter or
thickness.
65 — There shall be a distance of at least one inch
between bars in slabs except at joints and at points where
the bars are in direct contact and transverse to one
another.
66 — All meshed reinforcement shall be of such dimen-
sions as will enable the coarse material in the concrete to
pass easily through the meshes of such reinforcement.
67 — The maximum distance between bars or strands of
the tensile reinforcement in slabs shall not be greater than
twelve inches, and not more than twice the effective depth
of the slab.
68 — In cases where the tensile reinforcement is provided
in one direction only, distributing bars or temperature rods
shall be provided at right angles thereto. Such distributing
bars or temperature rods shall not be further apart than
eighteen inches, and shall have an aggregate cross-sectional
area of at least -05 per cent, of the effective cross-sectional
area of the slab.
69 — Wiring used in slabs for the purpose of holding
bars in position shall not be regarded as reinforcement.
RESISTANCE MOMENTS.
70 — The resistance moment of reinforced concrete con-
struction under transverse loads shall be determined by
formulas based on the following assumptions —
(a) All tensile stresses shall be taken by the steel.
(b) The strain in any fibre is directly proportionate to the
distance of that fibre from the neutral axis.
(c) The tensile elastic modulus of concrete shall be
assumed to be equal to the compressive elastic
modulus of that material.
(d) The elastic moduli of the concrete remain constant
within the limits of the working stress.
(?) The stress-strain curve or graph is a straight line.
(/) The grip between the concrete and steel is sufficient
to rnake the two materials act together,
REGULATIONS FOR REINFORCED CONCRETE. 635
71—
Notation for Beams and Slabs.
A = Area of tensile reinforcement, in square inches.
a = the arm of the resistance moment, in inches.
B = Bending moment of the external loads and forces.
b = breadth of rectangular beam in inches, or the breadth
of the flange of a tee beam in inches.
c = permissible compressive working stress, in pounds per
square inch, on the extreme edge of the concrete in com-
pression.
ds = total depth of slab in inches.
d = the effective depth of the beam in inches, i.e., the
distance from the compressed edge of the constructional
concrete of the beam to the common centre of gravity of
the tensile reinforcement.
Ec = Elastic modulus of concrete in compression.
Et=* Elastic modulus of steel in tension.
I = the length of the effective span of a beam.
E
m = -=-* = modular ratio. (See regulation 48.)
n = the distance of the neutral axis from the compressed
edge of the constructional concrete of the beam, in inches.
n} = -j = neutral axis ratio, .•. nv d = n.
d
pc = percentage of tensile reinforcement == lOOr.
Bc = Resistance moment of the internal stresses in the
beam in terms of the permissible compressive working stress.
Rf = Resistance moment of the internal stresses in the
beam in terms of the permissible tensile working stress.
r = -ratio of A to bd, i.e., r = r^ and A = rbd.
sl = slab depth ratio = -y-
t = permissible tensile working stress, in pounds per
square inch, in tensile reinforcement.
tj_ — the ratio of the tensile stress in the steel to the
compressive stress on the extreme edge of the concrete
under flexure = m ( — - - 1 )
\n1
W = the weight, or working load.
636 LONDON COUNTY COUNCIL.
Beams and Slabs.
(See reg^ia, 72 — For the purpose of computing the resistance
£2*L? to moment of a tee beam, the breadth of the flange shall not
bea™ slab* ^e ta^en at more than —
an™oiher * («) One-fourth of the effective span of the tee beam ;
members.) fy Three -fourths of the distance between the centres of
the ribs of the tee beams ;
(c) Six times the breadth of the top of the rib of the tee
beam ;
(d) Ten times the thickness of the slab ;
whichever is the least, and the overhanging breadth of the
flange on either side of the rib shall not be taken at more
than four times the thickness of the slab.
73 — When a part of a slab is taken as forming part of
a tee beam, the reinforcement in the slab transverse to the
beam must cross the full breadth of the portion of the slab
forming the flange of the tee beam.
74 — In the case of slabs, rectangular beams, and tee
beams when the neutral axis is within the slab, i.e., tee
beams in which r is less than
2m (1 - Sl)
(a) The position of the neutral axis shall be obtained
from the equation —
nt = v/ (mlrL + 2mr) - mr, or
n = [ ,J (wV2 + 2wr) - mr]d
(b) The mean compressive stress on the concrete shall
be taken at ^
A
(c) The arm of the resistance moment shall be obtained
from the equations —
a = d — ^, or
Approximately, for tee beams,
j d*
a - d ~
REGULATIONS FOR REINFORCED CONCRETE. 637
(d) The tensile resistance moment at every cross-section
shall be at least equal to the bending moment at that
section and shall be obtained from the equations —
R, = *A (d - |), or
(e) The compressive resistance moment at every cross-
section shall be at least equal to the bending moment at
that section and shall be obtained from the equations —
R, - ¥>
75 — In the case of tee beams, when the neutral axis
intersects the rib, i.e., tee beams in which r is greater than
2m (1 - Sj)
(a) The position of the neutral axis shall be obtained
from the equation —
_ $!2 + 2mr
HI ~ 2(«! + mr)
(b) The mean compressive stress shall not be taken at
more than
c I - -~ or
cmr (2 — Sj)
(c) The arm of the resistance moment = a where
6mr (2 - Sj) J
approximately
12wr"
d.
638 LONDON COUNTY COUNCIL.
(d) The tensile resistance moment at every cross-
section shall be at least equal to the bending moment at
that section and shall be obtained from the equations —
K, = tka, or
-p , ,2 f Si3 + Imrs^ - 12mrsl + 12mr~]
6m (2 - »J
(e) The compressive resistance moment at every cross-
section shall be at least equal to the bending moment at
that section and shall be obtained from the equations —
Bc = c l - i- bdfl, or
\s\
±
- 12771/5, + 12mr
2
6(sj2 + 2mr)
76 — A note shall be added to the drawings of all pillars
and beams showing the loads which have been provided for.
PART IV.
PILLARS.
77 — The term "pillar" when used in these regulations
shall be deemed to include any pillar, pier, post, column,
detached support or any other vertical compression member.
78 — Pillars shall be designed on the assumption that
the concrete and the vertical bars are shortened in length
in the same proportion.
79 — In calculating the strength of a pillar, the maxi-
mum value of the ratio of length to effective diameter shall
be taken.
80 — The length shall be measured between the lateral
supports, irrespective of any splayed work.
81 — The effective diameter shall be measured to the
outside of the outermost vertical reinforcement and shall be
measured in the direction of the lateral supports which
determine the length of the pillar.
REGULATIONS FOB REINFORCED CONCRETE. 639
82 — All pillars shall be provided with vertical and
lateral reinforcement.
83 — Each pillar with rectilinear laterals (binding) shall
have at least four lines of vertical reinforcement through-
out its entire length.
84 — Each pillar with curvilinear laterals (binding) shall
have at least six lines of vertical reinforcement throughout
its entire length.
85 — The diameter of vertical rods shall not be less
than £ inch nor greater than 2 inches.
86 — The least diameter of rectilinear laterals (binding)
shall not be less than T\ths of an inch.
87 — The least diameter of curvilinear laterals (binding)
shall not be less than |th of an inch.
88— The pitch of the laterals shall not exceed ^ths
of the effective diameter of a pillar at any part of its length,
and shall not exceed Ts^ths of the effective diameter for a
length of !-£ diameters from its ends.
89 — The lateral reinforcement shall be firmly secured
at each end.
90 — The total cross-sectional area of the vertical
reinforcement in any pillar shall not be less than 1-0 per
cent, of the area of the hooped core.
91 — The volume of lateral reinforcements shall not be
less than O5 per cent, of the volume of the hooped core.
92 — Joints in the vertical reinforcements of pillars shall
only be made at a floor level or other point of lateral
support.
64:0 LONDON COUNTY COUNCIL.
93 — Butt joints in vertical reinforcements shall be at
right angles to the length of the rods.
94 — All joints in the vertical reinforcements shall be
provided with steel or iron.
(a.) Close-fitting sleeves, or
(b) Suitable clamps, or
(c) Properly bound splices having an overlap at least
equal to twenty times the diameter of the bar.
In cases where there may be tension in the pillar the
joints shall be formed as required by (b) or (c).
95 — In cases where there is a change in section of the
pillar, the vertical bars shall have an overlap at least equal
to forty times the least diameter of the thicker bar, and
they shall be bound together if possible.
96 — In the case of rectangular pillars in which the
ratio between the greater and the lesser diameter exceeds
1-|, the cross-section of the pillar shall be subdivided
by cross-ties, and the number of vertical rods shall be
such that the distance between the rods along the longer
side of the rectangle shall not exceed the distance between
the rods along the shorter side of the rectangle.
97-
Notation for Pillars, Struts, and other
Compression Members.
A = effective area of the pillar i.e., the area bounded by
the lateral reinforcement measured to the inside
of the hooping.
Afc = cross-sectional area of one bar of the binding or
lateral reinforcement.
A, = Area of the vertical reinforcement. (See regulation
35.)
c = the permissible direct compressive stress.
d = effective diameter. (See regulation 81.)
REGULATIONS FOB REINFORCED CONCRETE. 641
/ = form factor, depending upon form or type of laterals.
(See table in regulation 100.)
i = the increased stress permissible in the core of a
pillar suitably hooped.
I = the actual length of the pillar as defined in the
regulation numbered 80.
E
m = modular ratio — ^
P = the permissible load or pressure on pillars with both
ends fixed and with a ratio of virtual length to
effective diameter not exceeding 12.
p = pitch of the laterals.
pc = percentage of reinforcement = lOOr.
r = ratio of the volume of lateral reinforcement to the
volume of the hooped core in any given length
of pillar.
s = spacing factor depending upon the spacing or pitch
of the laterals. (See table in regulation 100.)
v = virtual length of the pillar, strut, or other com-
pression member for different conditions of the
ends. (See regulation 104.)
98 — A pillar, strut, or other compression member shall
be deemed to have fixed ends when the ends are sufficiently
secured to other parts of the construction having such
rigidity as will maintain the axis at the ends in its original
direction under all loads less than the crippling load.
99 — In a pillar with fixed ends the stress on the concrete
in the area bounded by the lateral reinforcement shall not
exceed i, where
i = c [1 + fsr].
100 — The required ratio of lateral reinforcement may
be obtained from the equation —
i - c
e/r •
The actual ratio of lateral reinforcement provided, in either
round or square pillars, maybe obtained from the equation —
_ 4A6
r — —j — ,
dp
41
642
LONDON COUNTY COUNCIL.
Table showing the value offs.
Spacing of
laterals
Form of lateral reinforcement
or binding.
Form
factor,
throughout the
length of the
pillar (in terms
Spacing
factor,
s.
Value
offs.
of diameter of
hooped core).
Helical (curvilinear on plan)
1-0
'2d or less
32
32
Helical do.
1-0
-3d
24
24
Helical do.
1-0
•4d
16
16
Circular hoops
•75
•2d or less
32
24
Circular hoops
•75
-3d
24
18
Circular hoops
•75
•Id
16
12
Rectilinear -
•5
'2d or less
32
16
Rectilinear -
•5
-3d
24
12
Rectilinear -
•5
•4d
16
8
Rectilinear -
•5
•5d
8
4
Rectilinear -
•5
•6d
0
0
101 — Notwithstanding any other provision in these
regulations, the increased stress in the concrete of pillars
shall not exceed that shown in the following table —
Proportion by volume.
Cement.
Sand.
Coarse material.
i.
1
2
4
l-3c
1*
3
l-4c
1
1
2
l-5c
Increased stress,
REGULATIONS FOB REINFORCED CONCRETE. 643
The working stress in the vertical reinforcement shall
not exceed m times the stress in the concrete. (See
regulation 48.)
102 — The permissible load or pressure on pillars with
both ends fixed and with a ratio of virtual length to effective
diameter not exceeding 12 shall be obtained from the
equation—
P = i [A + (m - 1) AJ.
103 — For pillars with both ends fixed and with ratios of
virtual length to the effective diameter from 12 to 24, the
permissible load or pressure shall be obtained from the
following table —
For a ratio of
12
14
16
18
20
22
24
Permissible load
P
•75 P
•55 P
•45 P
•35 P
•30 P
•25 P
For intermediate ratios the stress shall be proportionate
to the above.
Pillars of greater ratio of virtual length to effective
diameter than 24 shall not be used.
In struts or compression members not coming within
the definition of pillars, the sum of all the stresses shall not
exceed the permissible direct compressive stress.
The virtual length of such struts or compression mem-
bers shall not exceed twelve times the least effective
diameter.
104 — For the different conditions of the ends of pillars
or struts mentioned in the following table, the permissible
load shall be limited as indicated therein, or the permissible
load may be ascertained by using the corresponding value
of the virtual length in such table in conjunction with the
regulations numbered 102 and 103 —
644
LONDON COUNTY COUNCIL.
Condition of ends.
Permissible load.
Virtual length, v.
Both ends fixed .
See regulations
102 and 103
v = l
One end fixed and one end
hinged or imperfectly fixed
1 ( permissible )
4 ] load for both '
31 I ends fixed )
v = N/2J
Both ends hinged or imper-
fectly fixed
-i ( permissible )
=r \ load for both L
4 I ends fixed )
v = 2Z
One end fixed, and the other
end not hinged, guided,
stayed or supported in all
directions
-, ( permissible )
4- \ load for both f
b ( ends fixed j
v = ±1
105 — In the case of arches or other similar construc-
tions the algebraic sum of the stresses at any part shall
not exceed the permissible stresses set out in the regula-
tions numbered 35 and 36.
PART V.
WALLS.
106 — Where the dead loads and superimposed loads of,
in or upon a building are transmitted to the foundations
by a series of reinforced concrete pillars, beams, arches, or
other constructions designed and constructed in accordance
with these regulations, any external enclosing walls of
reinforced concrete between such pillars may be of any
thickness not less than 4 inches, provided that such
enclosing walls are designed and constructed in accord-
ance with these regulations to resist any loads and pres-
sures they may have to carry.
107 — IB any case where any wall or part of a wall is
intended to support vertical loads or resist lateral pressures,
REGULATIONS FOB REINFORCED CONCRETE. 645
it shall be of such thickness as may be necessary to keep
the stresses within the limits prescribed by these rules for
the construction of pillars, beams, and other members.
108 — When portions of the external walls between the
reinforced concrete pillars and beams are constructed of
brickwork, or stonework, or plain concrete, such portions
of walls shall be of a thickness not less than 8J inches for
the topmost 20 feet of their height, and not less than
13 inches for the remainder of their height below such
topmost 20 feet.
When such portions are constructed of hollow concrete
blocks —
(i) The cavity or cavities in any such block shall not
exceed in horizontal sectional area in the aggregate
one-third of the horizontal sectional area of such
block, nor shall any such cavity be of greater width
than 4 inches.
(ii) The aggregate thickness of any such block, includ-
ing the width of any cavity, shall be not less than
8-^ inches, and the substance at the sides of any
cavity in any such block shall be not less than
3^ inches in thickness unless the aggregate
thickness of such block, including the width
of any cavity, be not less than 10 inches, when
the substance on any side of any cavity in
such block may be not less than 3 inches in
thickness.
Provided that a less thickness shall be allowed in any
case in which under the London Building Act, 1894, such
less thickness is prescribed, and provided that in any case
in which an external wall or portion of an external wall is
not supported or carried or secured by the reinforced
concrete skeleton framed construction within the limit of
height and length prescribed by the First Schedule to the
London Building Act, 1894, for the purpose of determining
the thickness of walls, such external wall or portion of
external wall shall be of a thickness not less than that
prescribed by such schedule.
646 LONDON COUNTY COUNCIL.
109 — All walls and facing materials shall be securely
connected to the pillars, beams, floors, and other contigu-
ous parts of the reinforced concrete construction.
110 — Each panel in any external wall shall be designed
to resist safely a horizontal pressure of at least 30
pounds per square foot assumed to be acting uniformly
over the area of one panel from either side.
Ill — The aggregate area of openings in external walls
constructed in accordance with these regulations shall not
exceed in a wall of any storey above the ground storey
two-thirds of the whole area of such wall, and the aggre-
gate width of such openings in such a wall shall not exceed
three-quarters of the whole length of such wall.
112 — Party walls and division walls constructed in re-
inforced concrete in accordance with these regulations
shall be of such thickness as may be necessary to comply
therewith, but in no part shall such walls be of less thick-
ness than 8 inches.
113 — Provided that any such party wall between a
building constructed in reinforced concrete and a building
of the warehouse class constructed in accordance with the
rules of the Act of 1894, or as a steel-framed building,
shall not be in any part less than 13 inches in thickness.
114 — All brickwork, stonework, and plain concrete shall
be executed in Portland cement mortar. The mortar shall
be in accordance with the Council's by-laws from time to
time in operation.
115 — The pressure on any brickwork supporting rein-
forced concrete work shall not exceed the following —
Brickwork. j Ton Sfper square
Blue brick in cement mortar -
Hard brick (inclndingLondon stock) in cement mortal-
Ordinary brick in cement mortar
12
8
5
REGULATIONS FOB REINFORCED CONCRETE. 647
Such brickwork shall not have a height without proper
lateral supports of more than six times its least thickness,
but any such brickwork with proper supports may have a
height between such lateral supports not more than twelve
times the least thickness of such brickwork. Such thick-
ness shall in no case be less than 13| inches.
PART VI.
FOUNDATIONS.
116 — The pressure of foundations on the natural ground
shall not exceed the following —
Nature of ground.
Tons per square
foot.
Natural bed of soft clay or wet or loose sand -
Natural bed of ordinary clay or confined sand
Natural bed of compact gravel, London blue clay or
chalk
1
2
4
117 — The pressure on plain concrete in foundations
shall not exceed 12 tons per square foot. The plain
concrete shall be in cement and its quality shall be at least
equal to that required by the Council's by-laws from time
to time in operation.
PART VII.
PEOTECTION.
118 — The cover shall be measured from the outer
surface of the concrete to the outer surface of the metal
reinforcement.
119 — The cover of any vertical bar in a pillar shall not
be less than 1| inches and not less than the diameter of
such vertical bar.
120 — The cover of any longitudinal bar in a beam shall
not be less than 1 inch and not less than the diameter
of such longitudinal bar.
648 LONDON COUNTY COUNCIL.
121 — The cover of tensile, compressive, shear, or any
other reinforcement in slabs shall not be less than
\ inch, and not less than the diameter of the bar to be
covered.
122 — The cover of any reinforcement in other members
shall not be less than 1 inch and not less than the
diameter of the bar to be covered.
PART VIII.
MATERIALS AND TESTING.
Cement.
123 — All cement used shall be Portland cement of
slow setting quality and shall be in accordance with the
British Standard Specification from time to time in
operation.
124 — The quantity of cement shall be determined by
weight and 90 pounds shall be deemed to be the
equivalent of 1 cubic foot.
Sand.
125 — The sand shall be clean and gritty and composed
of hard silicious grains. It shall be free from clay or any
animal, vegetable, or bituminous matter.
126 — All sand shall pass through a mesh ^ of an
inch square measured in the clear.
127 — The sand shall be separated from the coarse
material before the materials are measured.
Coarse Material.
128 — The term " coarse material " means all the in-
gredients of the concrete except the cement and the sand.
129 — The coarse material shall consist of clean Thames
or pit-ballast or gravel, hard-stone, such as granite, basalt,
trap-rock, or other hard and equally suitable material.
REGULATIONS FOR REINFORCED CONCRETE. 649
130 — The following materials shall not be used with
the sand or coarse material in the composition of the
concrete under these regulations —
(a) Coal residues, including clinkers, cinders, ashes, coke,
breeze, pan breeze, slag, and other similar material.
(6) Blast furnace slag, copper slag, forge breeze, dross,
and other similar material.
(c) Sulphates, including plaster of Paris, and other
similar material.
(d) Limestones, magnesian limestones, marbles, and
other calcium carbonates.
131 — Unless quite clean all ballast or gravel shall be
thoroughly washed.
132 — The coarse material shall be of such a size as
will pass through a mesh f ths of an inch square measured in
the clear and be retained on a mesh f^ths of an inch
square measured in the clear.
133 — The coarse material shall be varied in size as
much as possible between the limits of size allowed for the
work, but subject to the provisions of the regulation
numbered 121 it shall not be larger than such as can pass
between the bars forming the reinforcement or between the
reinforcement and the centering.
134 — The coarse material if of a porous nature shall
be thoroughly wetted before being mixed with the other
materials.
135 — The volume of mortar shall be in excess of what
would be required to fill completely the interstices and
voids of the coarse material.
136 — The volume of the sand shall not be more than
twice the volume of the cement.
137 — The volume of coarse material shall not be more
than twice the volume of sand.
650
LONDON COUNTY COUNCIL.
Concrete.
138 — The concrete shall be composed of cement, sand,
and coarse material in one of the following or intermediate
proportions, and the ultimate compressive resistance shall
not be less than that specified for the proportion adopted.
Proportion by volume.
Ultimate compressive
resistance in pounds
per square inch.
Purpose.
Cement.
Sand.
Coarse
material.
28 days
after
mixing.
or, 90 days
after
mixing.
1
1
2
4
1,800
2,400
Beams, pillars, etc.
1*
3
2,100
2,800
Do. do.
1 ! '
2
2,700
3,600
Pillars.
139 — For determining the resistance of concrete, tests
shall be made on cubes of not less than 4 inches each
way, or cylinders of not less than 6 inches each way.
140 — The conditions accompanying the preparation,
setting, maturing, and actual testing of the cube or other test
piece shall as far as possible conform to the conditions that
would obtain in the actual execution of the reinforced work.
141 — The ultimate compressive resistance of concrete
°f materials mixed in intermediate proportions may be
estimated from the following equation —
u = 900 -\ =FF— , where
u = ultimate compressive resistance at 28 days, in pounds
per square inch.
V = Volume of the sand plus the volume of the coarse
material, per unit volume of cement.
REGULATIONS FOR REINFORCED CONCRETE. 651
142 — All three materials shall be thoroughly mixed dry,
and then thoroughly mixed again after wetting subject to
the requirements of the regulation numbered 134.
Salt water shall not be used for the concrete.
143 — The concrete shall be placed in its final position
before initial set has taken place.
In the case of beams, pillars, and walls the thickness of
the layers of loose concrete shall not exceed 3 inches
before ramming.
As soon as possible after mixing, the concrete shall be
properly rammed* into the moulds in such a manner and
under such conditions as will secure a compact mass, with-
out voids and of the greatest possible density for the pro-
portions used.
Steel
144 — All metal reinforcement shall be of steel which
shall comply with the British Standard Specification for
structural steel for bridges and general building construc-
tion from time to time in operation.
145 — All metal for reinforcement shall be cleaned of
all scale dust and loose rust, immediately before depositing
the concrete.
146 — End welding shall not be employed in any tensile
reinforcement.
147 — The builder or other person directing the work to
be executed shall, for the purpose of due supervision of the
construction of the building, furnish the District Surveyor
with reasonable proof as to the quality of materials to be
used in such construction, and shall make any tests which
shall be reasonably necessary.
TESTS AND TESTING.
148 — If at any time during the construction or within
two months after the completion of the reinforced concrete
construction it is found necessary to test any part of such
652 LONDON COUNTY COUNCIL.
construction by reason of any sign of weakness or faulty work
appearing in the construction, the builder or other person
causing or directing the work to be executed shall make
such tests, and, if the test shows the work to be faulty, it
shall be reconstructed and reinstated in accordance with
these regulations.
The measured deflection of beams fixed at the ends and
uniformly loaded and subject to the permissible working
stress shall not exceed ^^^th of the span, when the span
is 20 times the effective depth, and shall be in proportion
for other ratios of span to depth, and for other conditions
of end fixing and loading.
149 — The superimposed test load on any floor, roof, or
other structure shall be not more than one and a half times
the superimposed load for which such floor, roof, or other
structure has been designed. The superimposed test load
on any beam, slab, or other similar member which has been
exposed to frost during the first week of hardening, shall
be not less than one and a half times the superimposed
load for which such beam, slab, or other member has been
designed.
150 — Loading tests shall not be made until the expiry
of ninety days from the date of laying the concrete.
PART IX.
CENTERING.
151 — For the purpose of these regulations, the term
"centering" shall include all forms, moulds, sheeting,
shuttering, planks, poles, posts, shores, struts, and strutting,
ties, uprights, waling and all other temporary supports to
the concrete during the process of setting.
152 — The centering shall be of such dimensions and so
constructed as to remain rigid during the laying, tamping,
and setting of the concrete.
153 — The vertical strutting shall be maintained con-
tinuous through the lower storeys to the foundations or to
REGULATIONS FOR REINFORCED CONCRETE. 653
other floors or beams which are sufficiently set to afford the
required support without injury to the construction.
154 — All centering shall be removed without shock or
vibration.
155 — Before the centering under any beam or floor slab
is removed the pillars below such a beam or floor slab shall
be partially stripped so that the pillars may be examined
on all sides.
PART X.
WOEKMANSHIP.
156 — All reinforcements shall be placed and maintained
in the position shown on the drawings.
157 — The concreting in any member shall be carried
out as continuously as possible.
158 — Where work has to be recommenced on a surface
which has hardened, such surface shall be well hacked,
swept clean, thoroughy wetted, and covered with mortar,
composed of equal volumes of cement and sand.
159 — Concrete laid during dry weather shall be pro-
tected against too rapid drying. During the first week of
hardening it shall be kept damp by means of wet sacking
or other methods or by watering daily (Sundays and holi-
days included).
160— Concrete shall not be laid when the temperature
is below 39° Fahr., and shall be protected when necessary.
161 — Concrete or mortar which has been frozen shall
not be used again unless it has been thoroughly thawed
and broken up. It shall then be considered, measured, and
gauged as inert material only, and shall be mixed with
fresh cement.
654 LONDON COUNTY COUNCIL.
162 — No cutting for piping or any other purpose shall
be done which would reduce the strength of any part of
the structure below what is required by these regulations.
163 — Wood or other combustible material shall not be
embedded in the concrete.
Blocks of coke breeze or other equally incombustible
material may be used solely for fixing purposes provided
they do not reduce the structural stability, and also pro-
vided that the area of such blocks at any given cross-
section is not included in the calculated compression
area of any beam, slab, pillar, or other constructional
member.
164 — Wood or other combustible material may be
placed on Or over the surface of the concrete provided that
any voids or hollow spaces between the combustible and
incombustible material be filled up with materials of an
incombustible nature.
SPRING GARDENS,
LONDON,
28th June, 1913.
655
SECTION M.
LIST OF DISTRICT SURVEYORS.
656
LIST OF DISTKICT SUEVEYOES UNDEE THE
LONDON BUILDING ACT, 1894,
With Particulars of their Offices and Residences, and
Descriptions of their Respective Districts as from
1st January, 1913.
LIST OP DISTRICT SURVEYORS AND THEIR DISTRICTS.
Surveyor.
District.
Ashbridge, A.
Batterbury, T.
Black, P. J.
Bromley, H. T.
Cbeston, H.
Clarkson, J.
Coggin, C. T.
Conder, A. -
Crow, A. -
Daubney, C. A.
Davidge, W. R.
Dicksee, B. J.
Drury, E. D.
Fillary, A. A.
Ford, L. R.
Glasson, A. H. W.
Greig, B. -
Grellier, W.
Hamilton, F. W.
Hammond, F.
Hansom, R. D. -
Hardcastle, W. J.
Hewitt, E. R.
Hills, 0. C. -
Hunter, P. -
Kerr, H. N.
Knight, J. A. G.
St. Marylebone. (43).
Plumstead and Eltham. (34).
Battersea, Central. (1).
Wandsworth, East. (52).
Battersea, South, and part of Wandsworth.
(2).
Poplar, All Saints. (35).
Lambeth, Central, and Battersea, North.
(27).
Greenwich and Woolwich. (16).
Whitechapel, Spitalfields, Mile-end New-
town, and the Tower Liberty. (54).
Rotherhithe. (37).
Lewisham. (29).
Newington and part of St. George-the-
Martyr, Southwark. (31).
St. Margaret, St. John, and St. Peter,
Westminster. (42).
Streatham, West. (50).
St. James, Westminster. (41).
Hammersmith. (20).
Deptford. (13).
Clapham. (12).
Paddington. (33).
Hampstead. (21).
Kensington, South. (26).
Finsbury. (14).
St. Saviour, St. George-the-Martyr (part),
and Christchurch, Southwark, and
North Lambeth. (46).
Strand. (48).
Lambeth, South. (28).
Mile End and Limehouse. (30).
Hackney, West. (19).
THE LONDON BUILDING ACT, 1894.
657
LIST OF DISTRICT SURVEYORS AND THEIR DISTRICTS
— Continued.
Surveyor.
District.
Lees, E. W.
Legge, H. A.
Lovegrove, H. -
Marsland, E.
Mathews, J. D. -
Mayhew, R. H. J.
Monier- Williams, S. F.
Morrice, A. G. -
Mundy, T. E. -
Notley, R. P.
Payne, A. - -
Perkins, W. G. -
Smith, R. E.
Stokes, A. P.
Street, E. -
Surrey, C. W.
Todd, J.
Tolley, G. -
Verstage, A. H. -
Wallen, F. -
Willis, T. W.
Young, E. A.
Blagrove, G. H. -
Daubney, C. A.
Goodchild, J.
Greig, B.
Mayhew, R. H. J.
Tanner, A. W. -
Young, E, A. -
St. Pancras, North. (44).
Fulham. (15).
Islington, South, and Shoreditch. (24).
Camberwell. (7).
Stoke Newington. (47).
Bromley, St. Leonard. (6).
St. George, Hanover Square, Belgrave, and
Pimlico Division. (39).
Streatham, East. (49).
Chelsea. (9).
Bethnal Green, West. (5).
Hackney, South-East, and North Bow.
(18).
Holborn. (22).
Wandsworth, West. (53).
Norwood, West, and Tulse Hill. (32).
Bethnal Green, East, and South Bow.
(4).
City of London, West. (11).
City of London, East. (10).
Kensington, North. (25).
Sydenham. (51).
St. Pancras, South. (45).
Putney and Roehampton.
Catford. (8).
(36).
Interim District Surveyors.
St. George, Hanover Square, North. (38).
Bermondsey. (3).
Islington, North. (23).
Camberwell (an area eastward of Ivydale
Road).
Hackney, North-East. (17).
St. Gebrge-in-the-East. (40).
Camberwell, North (north of the Grand
Surrey Canal, etc.). (7A),
658
LIST OF DISTEICTS WITH NAMES
No.
District.
Name.
Date of
Appoint-
ment.
District Office.
Office
Hours.
1
Battersea, Cen-
tral .
Black, P. J. .
1910
47 Marmion-road, Bat-
tersea, S.W.
9.30-5
Sat. 9.30-1
2
Battersea, S.,
and part of
Wandsworth
Cheston, H.
1888
"Avondale," No. 183
Wakehurst-road, Clap-
ham-common, West
Side, S.W.
Tel. City 1854
10-4
3
4
Bermondsey
Bethnal Green,
E. , and South
Bow .
Daubney, C.
A. (Interim)
Street, E.
1885
84 Lower-road, Rother-
hithe, S. E.
Tel. Hop. 558
109 Bow-road, E.
Tel. Holborn 4853
9.30-5
Sat. 9.30-1
10-4
5
Bethnal Green,
w. . !
Notley, K. P.
1875
11 Paradise-row, Cam-
bridge-road, N.E.
10-4
6
7
Bromley, St.
Leonard
Camberwell
See also Note
under No.
13 .
Mayhew K.
H. J.
Marsland, E.
1910
1885
1891
88 Bow-road, E.
32 Camberwell-grove, S.E.
Tel. Brixton 2231
(
9.30-5
Sat. 9.30-1
9.30-5
Sat, 9,30-1
7A
Camberwell, N.
Young, E. A.
(Interim) .
—
405 Old Kent-road, S.E.
9.30-5
Sat. 9.30-1
THE LONDON BUILDING ACT, 1894.
659
AND ADDEESSES AND SURVEYORS.
Personal
Attend-
ance at
District
Office.
Residence.
Description of District.
No.
9.30-10.30
By ap-
point-
ment
47 Marraion-road, Batter-
sea, S.W.
Hampton Lea," Lang-
ley Park-road, Button,
Surrey
9.30-10.30 124 Fordel-road, Hither
green, S.E.
10-11
2 p.m.,
except
Sat., and
by ap-
point-
ment
9,30-10.30
9.30-10.30
53 Highbury-park, N.
About 3
p.m. or
by ap-
point-
ment
92 Upper Clapton-road,
Consisting of that part of the borough of Bat-
tersea southward of the London and South-
western Railway, and northward of Clap-
ham-common, North Side, and Battersea-
rise.
Consisting of that part of the borough of Bat-
tersea southward of Battersea-rise and Clap-
ham-common, North Side, together with the
detached portion of the parish of Clapham
added to the borough of Wandsworth under
the London Government Act, 1899, and an-
nexed to the parish of Streatham. [See l
London (Clapham Detached) Order in Coun-
cil, 1900.]
Consisting of that part of the borough of Ber-
mondsey westward of Rotherhithe.
. j Consisting of that part of the borough of Beth-
nal Green eastward of Cambridge-road ; and
that part of the borough of Poplar south-
ward of Old Ford-road and the embankment
of the Northern Outfall Sewer and north-
ward of the late parish of St. Leonard,
Bromley.
J Up
N.E.
" Edmondsbury," Genoa-
road, Auerley, S.E.
32 Camberwell-grove,
S.E.
277 Staustead-road,
Forest-hill, S.E.
Consisting of that part of the borough of
Bethnal Green westward of Cambridge-road.
Consisting of the late parish of St. Leonard,
Bromley, in the borough of Poplar.
Consisting of that part of the borough of Cam-
berwell south ward of a line from Camberwell-
road along the Grand Surrey Canal and Old
Kent-road, to the eastern boundary of the
borough, and bounded on the east by the
borough boundary to Nunhead-junction, and
thence by the old parish boundary eastward
of Ivydale-road. and thence by the borough
boundary.
That part of the borough of Camber well north
of the above (No. 7).
660
LIST OF DISTRICT SURVEYORS UNDER
No.
District.
Name.
Date of
Appoint-
ment.
District Office.
Office
Hours.
8
Catford .
Young, E. A.
1910
1 Station-buildings, Cat-
ford Bridge, S.E.
9.30-5
Sat. 9.30-1
9
Chelsea .
Muiidy, T. E.
1886
6 Lincoln-street, King's-
9.30-5
1903
road, Chelsea, S.W.
Sat. 9.30-1
Tel. Victoria 1918
10
City of London,
Todd, J.
1907
Hamilton House,
9.30-5
E.
155 Bishopsgate, E.C.
Sat. 9.30-1
Tel. London Wall 7114
11
City of London,
Surrey, C. W.
1907
134 Fleet-street, B.C.
9.30-5
W.
Tel. City 2790
Sat. 9.30-1
12
Clapham .
Grellier, W. .
1888
188 High-street, Clapliam,
10-4
S.W.
Sat. 10-2
Tel. Victoria 178
13
Depttbrd .
Greig, B.
1910
Bank Chambers, 329 New
Cross-road, S.E.
9.30-5
Sat. 9.30-1
Tel. New Cross 890
14
Finsbury .
Hardcastle,
W. J.
1888
1908
5 Finsbury-square, E.G. .
9.30-5
Sat. 9.30-1
15
Fiilham .
Legge, H. A.
1907
Broadway House, The
9.30-5
1908
Broadway, Wai ham
Sat. 9.30-1
Green, S.W.
Tel. Kensington 3553
16
Greenwich and
Conder, A. .
1882
Borough Hall, Royal-hill,
9.30-5
Woolwich
1910
Greenwich, S.E., and
Sat. 9.30-1
21 William-street, Wool-
wich, S.E.
Tel. City 4137
17
Hackney, N.E.
Mayhew, R.
H. J. (In-
—
360 Mare-street, Hackney,
N.E.
9.30-5
Sat. 9.30-1
terim)
Tel. Dalstou 1601
THE LONDON BUILDING ACT, 1894.
Personal
Attend-
ance at
District
Office
Residence.
Description of District.
9.30-10.3(
130-10.30
9.30-10.30
9.30-10.30
By ap-
point-
ment
9.30-10.30
9.30-10.30
9.30-10.30
277 Stanstead-road,
Forest-hill, S.B.
44 Mount View-road,
Stroud Green, N.
1 Earlham-grove, Forest
Gate, E.
18 Carlisle-road, Broudes-
bury, N.W.
66 Howards -lane, Putney
S.W.
82 Crescent-lane, Clap
ham-park, S.W.
" P^whurst," Kersfield-
road, Putney-hill, S.W.
11 Greencroft-gardens,^
Hampstead, N.W.
9.30-10.30 1 Queen-street-plaee, E.C.
11.0-12.0
Edmonds bury," Genoa-
road, Anerley, S.E.
Consisting of that part of the borough of
Lewisham eastward of the Nxmhead and
Shortlands railway and the centre of Stumps-
hill, and southward of a line drawn along the
centres of Catford-hill and Catford-road,
Rushey Green, Brownhill-road, St. Mil-
dred's-road, Burnt Ash-hill, and Winn-road.
Consisting of the borough of Chelsea.
Consisting of that portion of the City of Lon-
don eastward of a line along the centres of
Moor-lane, Fore-street, Aldermanbury-pos-
teru, Aldermanbury, Milk-street, Cheapside,
Queen-street, and Queen-street-place.
Consisting of that portion of the City of Lon-
don westward of a line along the centres of
Moor-lane, Fore-street, Alder maubury-pos-
tern, Aldermanbury, Milk-street, Cheapside,
Queen-street, and Queen-street-place.
Consisting of the parish of Clapham in the
borough of Wandsworth.
Consisting of the borough of Deptford.
Note. — Mr. Greig also acts as Interim District
Surveyor for an area between the old parish
boundary and the borough boundary east-
ward of Ivydale-road in the borough of Carn-
berwell.
Consisting of the borough of Finsbury.
Consisting of the borough of Fulham.
Consisting of the borough of Greenwich and
that part of the borough of Woolwich west-
ward of Plumstead, together with the de-
tached portions of Woolwich north of the
River Thames.
Consisting of that part of the borough of Hack-
ney eastward of Stamford-hill, Upper Clap-
ton-road, and Lower Clapton-road, northward
of the North London Railway and north-
westward of Wick-road, Gainsborough-road
and Temple Mills-road.
Note.—Nos. 349 to 357 Wick-road are in
this district.
LIST OF DISTRICT SURVEYOBS UNDER
No.
District.
Name.
Date of
Appoint-
ment.
District Office.
Office
Hour
18
Hackney, S.E.,
and North
Payne, A.
1880
10 St. Thomas's-square,
Mare-street, N.E.
10-4
Bow
19
Hackney, W. .
Knight, J. A.
1903
407 Kiugsland-road, N.
9.30-5
G.
1908
Tel. Dalston 629
Sat. 9.30-1
20
Hammersmith .
Glasson.A. H.
1902
3 The Grove, Hammer-
9.30-5
W.
1907
smith, W. Sat. 9.30-1
Tel. Hammersmith, 922 j
21
Hampstead
Hammond, F.
1880
305 Fiuchley-roacl, Hamp-
9.30-5
1894
stead, N.W.
Sat. 9.30-1
1896
Tel. Hampstead 990
1901
22
Holborn .
Perkins, W.
G.
1903
1907
6 Raymond-buildings, 9.30-5
Gray's Inn, W.C. Sat. 9.30-1
Tel. Holborn 328
23
Islington, N. . | Goodchild, J.
1890
Bank-chambers, Park- 9.30-5
(Interim)
1901
hurst-road, Holloway, Sat. 9.30-1
1906
N.
24
Islington, S.,
and Shore -
Lovegrove, H.
1887
1892
124 Shoreditch, High-
street, E.
9.30-5
Sat. 9.30-1
ditch
1906
25
Kensington, N.
Tolley, G. .
1907
1910
155 High-street. Netting
Hill Gate, W.
9.30-5
Sat. 9.30-1
Tel. Paddington 5699
26
Kensington, S.
Hansom, R.
D.
1903
1910
6 Bolton-gardens, Old
Brompton-road, S.W.
9.30-5
Sat. 9.30-1
Tel. Western 6267
27
Lambeth, Cen-
Coggin, C. T.
1902
69 Kennington Oval, S.E.
9.30-5
tral, and
Sat. 9.30-1
Battersea. N.
THE LONDON BUILDING ACT, 1894.
663
Personal
Attend-
ance at
District
Office.
Residence.
Description of District.
By ap- 1 30 St. James's-square,
point -
ment
9.80-10.30
9.30-10.30
9-30-10.30
and by
appoint-
ment
9.30-10.30
10-12
except
Sat.
10. SO-
IL30
except
Sat
9.30-10.30
9-10.30
and (ex-
cept Sat.)
9.30-10.30
S.W.
17 Doueraile-road, Ful-
ham, S.W.
21 Inglis-road, Ealing, W.
22 MercerVroad, Upper
Holloway, N.
" Newlyn," Colne-road,
Winchmore Hill, N.
101 Hampstead-way.
N.W.
18 Foxgrove-road, Beek-
euham, Kent
1 St. Austell-road, Black-
heath, S.E.
6 Bolton-gardeiis, Old
Brornptom-road, S.W.
The White Cottage,"
Lyt'ord-road, Wands-
worth Common, S.W.
Consisting of that part of the borough of Hack-
ney southward of the North London Rail-
way to Wick-road and of a line thence north-
ward along Wick-road (excluding Nos. 349-
357 Wick-road), Gainsborough-road and
Temple Mills-road, and bounded on the west
by Mare-street ; and also that part of the
borough of Poplar northward of Old Ford-
road and the embankment of the Northern
Outfall Sewer.
Consisting of that part of the borough of Hack-
ney westward of Mare-street, Lower Clapton-
road, Upper Clapton-road, and Stamford-
hill.
Consisting of the borough of Hammersmith.
Consisting of the borough of Hampstead.
Consisting of the borough of Holborn.
Consisting of that part of the borough of Isling-
ton westward of Blackstock-road, Highbury-
park, and Highbury-place, and northward of
the North London Railway from Highbury
Station to Maiden-lane Station.
Consisting of that part of the borough of Isling-
ton eastward of Blackstock-road, Highbury-
park, and Highbury-place and southward of
the North London Railway from High-
bury Station to Maiden-lane Station, together
with the borough of Shoreditch.
Consisting of that part of the royal borough of
Kensington northward of Kensington-road
and Kensington High-street.
Consisting of that part of the royal borough of
Kensington southward of Kensington-road
and Kensington High-street.
Consisting of that part of the borough of Lam-
beth southward of Lambeth-road, and north-
ward of a line from Nine Elms along Miles-
street, South Lambeth-road, Dorset-road,
Clapham-road, Prima-road, and Kennington-
terrace ; and also that part of the borough of
Battersea northward of the London and
South- Western Railway.
664
LIST OF DISTRICT SURVEYORS UNDER
No.
District.
Name.
Date of
Appoint-
ment.
District Office.
Office
Hours.
28
Lambeth S. .
Hunter, P. .
1884
1902
37 Clapham-road, S.W. .
Tel. Victoria 1334
9.30-5
Sat. 9.30-1
29
Lewisham
Davidge, W.
1907
Bank House, 95 High-
9.30-5
R.
1908
street, Lewisham, S.E.
Sat. 9.30-1
Tel. Lee Green 857
30
Mile End and
Limehouse
Kerr, H. N. .
1907
1 West Arbour-street, Com-
mercial-road East, E.
9.30-5
Sat. 9.30-1
Tel. East 1109
31
Newington and
Dicksee, B. J.
1893
14 and 16 New Kent-road.
9.30-5
part of St.
S.E.
Sat. 9.30-1
George - the -
Martyr,
Southwark
32
Norwood, W.,
Stokes, A. P.
1908
365 Norwood-road, S.E. .
9.30-5
and Tulse
1910
Sat. 9.30-1
Hill
33
Paddington
Hamilton, F.
1898
195 Edgware-road, W. .
9.30-5
W.
1907
Sat. 9.30-1
34
Plumstead and
Batterbury, T.
1887
15 Griffin-road, Plumstead,
10-4
Eltham
Woolwich, S.E., and 51
Westmount-road, El-
tham, S.E.
Tel. Holborn 4954
35
Poplar, All
Clarkson, J. .
1878
136 High-street, Poplar, E.
10-4
Saints
Tels. Eastern 785,
Holborn 538
36
Putney and
Willis, T. W.
1879
223 Upper Richmond-road,
9.30-5
Roehampton
Putney, S.W.
37
Rotherhithe
Daubney, C.
1910
84 Lower-road, Rother-
9.30-5
A.
hithe, S.E.
Sat. 9.30-1
Tel. Hop. 558
THE LONDON BUILDING ACT, 1894.
665
Personal
Attend-
ance at
District
Office.
Residence.
Description of District.
9-30-10.30 51 Hampton-road, Ted-
dington
9.30-10.30 " Gleuwood," Eltham,
S.E.
).30-11 184 Willesden-lane,
Brondesbury, N.W.
Tel. Willesden 386
).30-10.30 " Brendon Lodge," Lyn-
dale, Finchley-road,
N.W.
.30-11 22 Woodland-gardens,
Muswell Hill, N.
74 Portsdowu-road,
Maida-hill, W.
51 Westmount-road, El-
tham, S.E.
9.30-10.30
Plum-
stead,
Mon. ,
Wed.,
and Fri. ,
10-11 ;
Eltham,
8-9 a. m.,
and at
6 p.m.
and after,
daily
By ap-
point-
ment
9.30-10.30
ney,S.W.~
9.30-10.30 124 Fordel-road, Hither
Green, S.E.
13 West-hill, Highgate,
N.
•22 Dry burgh -road, Put-
Consisting of that part of the borough of Lam-
beth bounded on the north by a line from
Nine Elms along Miles-street, South Lam-
beth-road, Dorset-road, Clapham-road,
Prima-road, and Kennington-terrace ; and on
the south by Acre-lane, Effra-road, Water-
lane, and Dulwich-road.
Consisting of that part of the borough of
Lewisham bounded on the west by the
borough boundary, Honor Oak Park, and
Brockley-rise, on the south by Stanstead-
road, Catford-hill, Catford-road, Rushey
Green, Brownhill-road, St. Mildred' s-road,
Burnt Ash-hill and Winn-road.
Consisting of the hamlets of Mile End, Old
Town and Ratcliff, and the parish of St.
Anne, Limehouse.
Consisting of that part of the borough of
Southwark southward of Newington-butts,
Newington-causeway, Borough High-street,
and Long-lane.
Consisting of that part of the borough of
Lambeth southward of Acre-lane, Effra-road,
Water-lane, and Dulwich-road.
Consisting of the borough of Paddington.
Consisting of Plumstead and Eltham in the
borough of Woolwich.
Consisting of the late parish of All Saints,
Poplar.
Consisting of Putney and the hamlet of Roe-
hampton in the borough of Wandsworth.
Consisting of the Rotherhithe portion of the
borough of Bermondsey.
LIST OF DISTRICT SURVEYORS UNDER
No.
District.
Name.
Date of
Appoint-
ment.
District Office.
Office
Hours.
38
St. George, Han-
Blagrove,' G.
1913
9 Conduit-street, Regent-
9-5
over-sq., N.
H. (Interim)
street, W.
Tel. Mayfair 434
39
St. George, Han-
over-sq. , Bel-
Monier-
Williams, S.
1898
1903
11 Eccleston-place, S.W.
Tel. Victoria 272
9.30-5
Sat. 9.80-1
grave and Pirn-
F.
1907
lico Division
40
St. George-in-
the-East
Tanner, A. W.
(Interim)
1883
1896
334 Commercial-road East,
E.
9.30-5
Sat. 9.30-1
,
1907
1910
41
St. James,
Ford, L. R. .
1903
60 Haymarket, S.W.
9.30-5
Westminster
1907
Sat. 9.30-1
42
St. Margaret,
St. John, and
Drury, E. D. .
1870
Parliament Chambers,
14 Great Smith-street,
10-5
Sat. 10-1
St. Peter,
Westminster, S.W.
Westminster
Tel. Victoria 1587
43
St. Marylebone
Ashbridge, A.
1885
1891
17 York-place, Portman-
square, W.
9.30-5
Sat. 9.30-1
44
St. Pancras, N.
Lees, E. W. .
1907
1908
272 Kentish Town-road,
N.W.
9.30-5
Sat. 9.30-1
1912
Tel. Hampstead 5872
46
St. Pancras, S.
Wallen, F. .
1878
1906
96 Gower-street, W.C. .
10-5
Sat. 10-1
46
St. Saviour, St.
Hewitt, E. R.
1882
182 Blackfriars-road, S.E.
10-4
George - the-
Martyr (part),
and Christ -
church, South-
war k, and
47
N. Lambeth
Stoke Newing-
tou
Mathews, J.
D.
1874
171 Church-street, Stoke
Newington, N.
Tel. Central 4006
10-4
THE LONDON BUILDING ACT, 1894.
667
Personal
Attend-
ance at
District
Office.
11-3
9.30-10.30 47A Ecclestou-place, S.W.
9.30-10.30
9.30-10.30
10-11
(except
Sat.) and
by ap-
point-
ment
9.30-10.30
9.30-10.30
Usually
10-10.30
and 2-3
(except
Sat.),
more
certainly
by ap-
point-
ment
By ap-
point-
ment
By ap-
point-
ment
Residence.
29 Pelham-place, South
Kensington, S.W.
" Heatherland," Fair-
mile, Cobham, Surrey .
Maisonette, Woodville-
road, Blackheath, S.E.
Chigwell Hurst, Pinner
91 Sunny-gardens, He
don, N.W.
96 Gower-street, W.C.,
and Brickett, Watford,
Herts
3 Brent-villas, Hendon,
N.W.
78 Highbury New-park,
Description of District.
Consisting of that part of the parish of St. George,
Hanover-square, northward of Knightsbridge
and the southern side of Piccadilly, together
with that part of such parish situate between
the eastern side of the Green Park and the
western side of St. James 's-street, and the
detached portion of the parish of St. Margaret
and St. John-tne-Evangelist, Westminster.
Consisting of the Belgrave and Pimlico Division
of St. George, Hanover-square, with the
exception of that part northward of Knights-
bridge.
Consisting of the parishes of St. George-in-the
East, St. John, Wapping, St. Botolph With-
out, Aldgate (except that part previously
known as the Tower Liberty), and St. Paul,
Shad well, in the borough of Stepney.
Consisting of the parish of St. James, West-
minster.
Consisting of the parish of St. Margaret and
St. John-the-Evaugelist, Westminster (ex-
cept the detached portion thereof), and the
Close of the Collegiate Church of St. Peter,
in the City of Westminster.
Consisting of the borough of St. Marylebone.
Consisting of that part of the borough of St.
Pancras northward of the North London
Railway from Maiden-lane station to Chalk
Farm station.
Consisting of that part of the borough of St.
Pancras southward of the North London
Railway line through Maiden-lane and Chalk
Farm stations.
Consisting of that part of the borough of South-
wark northward and westward of Newington-
butts, Newington-causeway, Borough High-
street and Long-lane, and that part of the
borough of Lambeth northward of Lambeth
road.
Consisting of the borough of Stoke Newington.
668
LIST OF DISTRICT SURVEYORS UNDER
No.
*
48
District.
Name.
Date of
Appoint-
ment.
District Office.
Office
Hours.
Strand .
Hills, 0. C. .
1902
1907
60 Hay market, S.W.
Tel. Gerrard 4553
9.30-5
Sat. 9.30-1'
49
Streatham, E. .
Morrice, A. G.
1910
1 Drewstead-road. Streat-
ham, S.W.
9.30-5
Sat. 9.30-1
50
Streatham, W.
Fillary, A. A.
1907
1910
44 Thrale-road, Streatham,
S.W.
Tel. Streatham 1186
9.30-5
Sat. 9.30-1
51
Sydenham
Verstage, A.
H.
1910
Bank -chambers, Dart-
mouth-road , Forest-hill ,
S.E.
Tel. Sydenham 550
9.30-5
Sat. 9.30-1
52
Wandsworth, E.
Bromley, H.
T.
1910
50 Hendham-road, Upper
Tooting, S.W.
Tel. Battersea 1989
9.30-5
Sat. 9.30-1
53
Wandsworth,
W.
Smith, R. E.
1907
Bank-chambers, High-
street, Wands worth,
S.W.
9.30-5
Sat. 9.30-1
54
Whitechapel,
Spitalfields,
Mile-end,
New-town,
and the
Tower
Liberty
Crow, A.
1891
Hamilton House, 155
Bishopsgate, E.G.
9.30-5
Sat. 9.30-1
NOTB.— District limits are along the centres of the several streets mentioned, unless
THE LONDON BUILDING ACT, 1894.
669
Personal
Attend-
ance at
District
Office.
Residence.
Description of District.
9.30-10.30
130 Cazeuove-road, Starn-
ford-hill, N.
9.30-10.301 " Hillcrest," Upper Toot-
•:, S.W.
9.30-10.30
ing-park,
44 Thrale-road, Streat-
ham, S.W.
9.30-10.30 68 Queen's-road, Wim-
bledon
9.30-10.30 50Hendham-road, Upper
Tooting, S.W.
9.30-10.30 " Rosegarth," Walden-
road, Horsell, Wokiug
9.30-10.30J " The Firs," Monkham'>
[ avenue, Woodford
Green, Essex
Consisting of the parishes of St. Martin-in-the- j
Fields ; St. Anne, Solio ; St. Paul, Covent- |
Garden ; St. Clement Danes ; and St. Mary- j
le -Strand ; the Savoy Precinct ; and the !
Liberty of the Rolls in the City of West- j
minster.
Consisting of that part of the borough of
Waudsworth eastward of Mitcham-lane,
Streatham High-road, Streatham-hill and
Brixton-hill.
Consisting of that part of the borough of
Wandsworth southward of Clapham, east-
ward of Tooting High-street, Upper Tooting-
road, Balham High-road, and Balham-hill,
and westward of Mitcham-lane, Streatham-
High-road, Streatham-hill, and Brixton-hill.
Consisting of that part of the borough of
Lewisham southward of Honor Oak Park,
Brockley-rise, Stanstead-road, and Catford-
hill, and westward of the Nuuhead and
Shortlands Railway and the centre line of
Stumps -hill.
Consisting of that part of the borough of
Wandsworth eastward of the London and
South- Western Railway and westward of
Tooting-High-street, Upper Tooting-road,
Balham High-road, and Balham-hill, with the
exception of the detached portion of the
parish of Clapham added to the borough of
Wandsworth under the London Government
Act, 1899, and annexed to the parish of
Streatham. [See London (Clapham De-
tached) Order in Council, 1900.]
Consisting of that part of the borough of
Wandsworth westward of the London and
South-Western Railway (main line) and
eastward of Putney and Roehampton.
Consisting of the parishes of St. Mary, White-
chapel, and Christchurch, Spitalfields ; the
liberty of Norton Folgate ; the hamlet of
Mile-end New-town, and the Tower Liberty,
which comprises (1st) His Majesty's Tower
Ground, called the Old Artillery Ground,
near Spitalfields.; (2nd) the parish of Holy
Trinity, Minories ; (3rd) the liberty and pre-
cinct of Old Tower Without ; and (4th) Well-
close Precinct including Wellclose-square.
otherwise stated.
INDEX.
ACCESS in certain buildings, rules as to, 63.
To roofs, 190.
ADAPTATION of ways to streets. See WAYS.
ADDITIONS, to buildings or structures, 145, 146 ; fees payable to
district surveyors on, 159, 243.
To places of public resort, 468.
ADJOINING OWNER, account of expenses to be delivered to, 91.
Award in dispute with, 84.
Building of, may be underpinned, 86.
Compensation to, 77.
Definition of, 17.
Differences with building owner, 80-83.
Footings may be placed on his land, 77.
Expenses to be paid by, 88-91.
Liabilities of, 91.
Notices due from, 87.
Notices due to, 81.
Payment for use of party structure by, 90.
Bights of, 80, 81, 91.
Security due to, 87.
Surveyors to be appointed by, 83, 84.
ADVERTISEMENTS in the City, charges for, on hoards, 527.
ADVERTISING STATIONS RATING ACT, 1889, 582, 583.
AIR SPACE, provisions as to, 41-45, 331.
ALBERT HALL, exempt from Act of 1905, 204.
ALTERATIONS, 146, 440.
Fees payable to district surveyor for, 159.
To steel frame buildings, 238-40.
ANTI-SYPHONAGE PIPES, 502, 513, 547.
APPEAL, to Tribunal of Appeal, right of, against Council, 32, 44, 48,
51, 103.
By aggrieved Local Authority, 36.
From County Court, 124.
From district surveyor, 48, 115.
From superintending architect, 36, 50, 51.
Under the Amendment Act, 1905, 197.
APPLICATIONS TO COUNCIL, as to building on low-lying land, 103,
444-46.
As to furnace chimney shafts, 438.
As to iron buildings, 73, 74.
Drawings and plans to accompany, 133, 434, 435.
(671)
672 INDEX.
APPLICATIONS TO COUNCIL — cont. —
For certificates for places of public resort, 453.
Under the Act of 1894, 434-49.
APPORTIONMENT OF EXPENSES of paving new streets, 252.
Of providing means of escape, 339.
Under Building Acts, 126, 195.
ARBITRATION as to dangerous structures, 95.
As to incidental damage, 196.
ARCHES, in reinforced concrete buildings, 644.
Of chimney openings, 58.
Over and under public ways, 65, 89, 159.
Party, definition of, 15.
Under railways, 73.
ARCHITECT. See SUPERINTENDING ARCHITECT.
ARCHITECTURAL DECORATION, 66-69.
AREA, cleared, laying out streets on a, 48, 437.
Of building, certain outbuildings to be included in calculation
of, 164.
Definition of, 15.
AREAS AND AREA GRATINGS, Regulations as to, 576-78.
ASHPITS, 41, 543.
ATTACHED BUILDINGS, separate fees for, 164.
AWARDS, 84, 94, and see ARBITRATION.
BACK-TO-BACK HOUSES, prohibition of, 388.
BAKEHOUSES, enactments concerning, 322-27.
Underground, 325.
BALCONIES, Construction of, 66, 67, 69.
Means of escape from, 492, 495.
BALLAST, proportion of, in concrete for drains, 512.
For construction of walls, 427.
In reinforced concrete buildings, 648, 649.
BALUSTRADES, 66.
BANK OF ENGLAND, exempt from Act of 1894, 140.
BANKS and Insurance Offices exempt from Amendment Act, 1905,
203.
BANKS of Rivers, definition of, 278.
Maintenance and repair of, 288.
Penalty for alteration of without consent, 289.
BARGE-BOARDS, 57, 66.
BARRIERS in public buildings, 73.
BARS, in reinforced concrete buildings, 629, 630, 633, 634.
BASEMENT ROOMS, 64.
BASEMENT STOREY, definition of, 14.
BASEMENTS, habitable, provisions as to light, space and ventilation
of, 40, 41, 64.
BATHS, 588.
BAY- WINDOWS, 68.
BEAMS, posts, etc., thickness of plastering to, 208.
In reinforced concrete buildings, 622-25, 631, 635, 636, 652.
BENDING MOMENT of beams, etc., 623-27, 637, 638.
BLOOD-BOILING, a noxious business, 100.
BOARDING-HOUSES, regulations for, 492.
INDEX. 673
BOILERS, cisterns to supply, 587.
Floors under and around, 62.
Flues of, 58.
In factories, 335.
In places of public resort, 463, 485.
Used for trade purposes, 162.
BOND timbers or woodplates, 55.
BONDED WAREHOUSES, exempt from Act of 1905, 205.
BONE BOILER, a noxious business, 100.
BOROUGH COUNCILS, and skysigns, 108, 109.
Wooden structures, 75.
BRESSUMMER, definition of, 13.
Rules and by-laws as to connection with walls of, 55, 121, 150.
BRICKS, broken, substituted for sand in mortar and concrete, 426.
In walls, 426.
BRICKWORK for furnace chimney shafts or steam boilers, 58, 59, 61.
In reinforced concrete buildings, 646, 647.
BRIDGES, exempt from Act of 1894, 140.
BUILDER, definition of, 17.
Fees due from, 112, 119.
Notice due from, 112.
Right of appeal, 115.
Right of entry, 139.
BUILDING, Area of a, defined, 15.
Cubical extent of a, defined, 16.
Existing, defined, 183.
Frontage, 33.
Height of a, defined, 15.
New, defined, 183.
Notices, 112, 139.
Without permission, or contrary to Act of 1894, 138, 140.
BUILDING OWNER, definition of, 17.
Differences and negotiations with adjoining owner, 76, 77, 81,
83, 84, 88, 90.
Expenses to be paid by, 77, 81, 84, 88, 90.
Not to cause unnecessary inconvenience to adjoining owner,
^80, 82.
Obligations towards adjoining owner, 86.
Rights of, 78-80, 87, 90, 91.
Security to be given or demanded by, 87.
To appoint surveyor, 84.
BUILDINGS, abutting on certain streets, 50.
Abutting on two streets, 44.
Additions and alterations to, must comply with Act of 1894,
146.
Applications for alterations to and conversion of, 440.
Applications for erection of, in advance of general line, 436.
Applications for erection of, on low-lying ground, 444.
Applications for erection of, within the prescribed distance, 436.
Applications for increased height of, 438.
Applications for special and temporary, 439.
Applications for uniting, 440.
43
674 INDEX.
BUILDINGS— cont.—
Applications with reference to iron and steel skeleton construc-
tion, 441.
Concrete, fees for, 160, and see REINFORCED.
Consisting of separate sets of rooms, 63, 70.
Conversion of, 140, 146, 147, 192, 440.
Corner, 52.
Courts within, 49.
Demolition of, in the city, 516.
Domestic, defined, 40.
Drains for. See DRAINS.
Electricity in. See ELECTRICITY.
Erected before the passing of Act of 1894, and in conformity
with previous Acts, 50.
Escape from. See MEANS OF ESCAPE.
Excavations near, 431.
Exempted from parts VI and VII of Act of 1894, 140-43.
Exempted from Act of 1905, 203, 205.
Existing, denned, 183.
Fees payable to district surveyor on, 159.
Foundations of. See FOUNDATIONS,
General line of. See GENERAL LINE.
Government, 144.
Height of, 15, 50, 51, 154.
Historical, 132.
Hoardings required for, 306.
Iron and steel skeleton construction. See IRON.
Market, 141.
Near dangerous and noxious businesses, 99, 138.
New, defined, 183.
Not exceeding 30 feet square, 142.
Not on public way to have open spaces, 46.
Plans of, 27, and see PLANS.
Power of owners to enter, 132, 192, 219, 227, 228, 272.
Power of sanitary authorities to enter, 219, 227, 251.
Projections from. See PROJECTIONS.
Protection against fire of, 181-187.
Public. See PUBLIC.
Reinforced concrete. See REINFORCED.
Roofs of, 57, 134, and see ROOFS.
Sites of, 425.
Temporary, 74.
Taken down to be set back, 35.
To be separated by party or external walls, 70.
Topmost storey of, to be raised, 52.
Within prescribed distance, 436, and see PRESCRIBED.
BUSINESSES, dangerous and noxious, 100, 101, and see DANGEROUS.
BY-LAWS, in City, as to demolition, 516.
Under London Council (General Powers) Act, 1890, as to plaster-
ing, 431, 432.
Under Metropolis Management and Building Acts Amendment
Act, as to deposit of plans, foundations and sites and sub-
stances of walls, 424-429, 566-572.
INDEX. 675
BY-LAWS— cont. —
Under Public Health (London) Act, 1891, as to removal of re-
fuse, 530-535.
Under Public Health Act, as to water-closets, 537-550.
Under Eepealed Acts, to remain in force, 148.
CANAL COMPANIES, exemption of their buildings from Act of 1894,
134, 141.
CANTILEVERS, 623.
CASKS, rules as to storing, 133.
CATTLE MARKETS, Deptford and Metropolitan, exempt from Act of
1894, 141.
CEILINGS, fire-resisting, in buildings used for storing inflammable
liquid, 496.
CEMENT, for use in building, 426.
For use in plastering, 431.
Proportion of in concrete for drains, 555.
Proportion of in concrete for foundations and walls, 426, 427,
648.
Proportion of, in mortar, 426.
Thickening and underpinning of walls to be carried out in, 151.
CENTRE of roadway, definition of, 12.
CERTIFICATE, appeal against district surveyor's refusal to issue, 32, 48.
Appeal against superintending architect's, 36.
District surveyor's as to cutting away chimney breast, 60.
District surveyor's as to dangerous structure, 93.
District surveyor's as to means of escape, 185, 337, 338.
District surveyor's that works are in accordance with Act, 120.
Pees payable to district surveyor for, 161.
Superintending architect's as to front and rear of building, 49.
Superintending architect's as to street in which building is
situate, 36.
CERTIFIED BUILDING, definition of, 183.
CERTIFIED PLANS, by district surveyor, 27, 160, 437.
CESSPOOLS, 531, 544, 545, and see DRAINAGE.
CHAMBERS, offices, etc., 70.
CHAPELS and churches, existing not affected, 50.
Of reinforced concrete, 620.
Rules as to staircases in, 72.
CHASES in party walls, 56, 57.
CHIMNEYS, breasts of, 59, 60, 61, 69, 160.
Brickwork of, 61.
Cap of, 61.
Copings of, 80.
Corbelling, 58.
Cornice of, 61.
Fees to district surveyor on, 160, 164.
Fireplace, backs in, 59.
Fireplace, jambs in, 59, 60, 79.
Flues of, 58-60.
Footings to, 58, 62.
Furnace, 488.
Hearth to be bedded, 60.
676 INDEX.
CHIMNEYS — cont.^-
Ovens in, £ 3.
Openings in, 60, 61.
Pargeting of, 59.
Pedestal of, 61.
Plinth of, 61.
Pot fixing, no fee for, 164.
Rendering to flues on outside, 59.
Repairs to top, 164.
Rules as to, 58-62, 488.
Shafts, 59-62, 488.
Soot doors to, 58, 60.
Timber in, 61.
Underpinning of, 151.
Ventilating valves in, 60.
Wooden plugs in, 61.
GHUBCHES. See CHAPELS.
CINEMATOGRAPH ACT, 1909, 351-63.
Appendix to, 362, 363.
R joulations under, 358-62.
CINEMATOGRAPH EXHIBITIONS, apparatus of, 358, 359.
Electric and other lighting of, 359, 360.
Exits from, 357.
Fire appliances in, 357.
Licenses for, 352, 354, 361.
Limelight in, 361-63.
Regulations applying to, 352, 358.
CISTERNS, Water Board's rules as to, 585.
Water-closets to be provided with, 539.
CITY, the, by-laws as to water-closets in, 499-515.
Dangerous structures in, 93.
Definition of, 18.
Demolition of buildings in, 516.
Exempt from Part III. of Act of 1894, 140, 141.
CLEARED AREA. See AREA.
CLOSE FIRES and pipes for conveying vapours, rules as to, 62.
COAL PLATES, regulations as to, 576-78.
COARSE MATERIAL, defined, 648.
COMMISSIONERS OF SEWERS, definition of, 19.
COMPENSATION, to adjoining owner, 77.
COMPLETION of building, notice of irregularity after, 116.
CONCRETE, for drains, 555.
For foundations, 425, 426, 428.
For walls, 150, 158, 427.
Regulations as to, 421.
Revised regulations for reinforced, 618-54.
CONDITIONS, power of Council to impose, 37, 132.
CONSENT by Council, as to general line, 37.
By Council as to wooden structures, 75.
By District Board as to subsoil, 313.
Expiring in vacation, 127.
Given on behalf of owners not to be found, 133.
* INDEX. 677
CONVERSION of buildings, rules as to, 146, 147, 192.
Of houses into public buildings, 72.
COOKING accommodation, 215.
COPINGS, 66.
CORBELS and Corbelling, 58.
CORNICES, 67.
CORPORATION of London, definition of, 18.
Public Health Department of, 499-528.
To deal with skysigns in the city, 109.
CORRIDORS and passage ways in churches and places of public
assembly, 72, 73.
COTTAGE, definition of, 390.
COUNCIL, Borough. See BOROUGH.
COUNCIL, The (London County), compensation to owner to be paid
by, 36.
Consent of necessary to deviation from certified plans, 48, 133.
Copies of its regulations to be kept in hall, 32.
Definition of, 18.
Expenses and fees to be paid to, 97, 98.
Power to appoint assistant surveyor, 112.
Power to attach conditions to consent, 37, 132.
Power to proceed on behalf of district surveyor, 119.
Powers as to building dwelling-houses on low-lying land, 103.
Powers as to certain businesses, 217.
Powers as to dangerous and neglected structures, 92, 97, 98.
Powers as to new high buildings, 183.
Powers as to new names of streets, 38.
Powers as to obstructions in streets, 135.
Powers as to wooden structures, 75.
Register of conditional consents to be kept by, 37.
Right of appeal against, 47.
To be notified of certain irregularities by district surveyor,
120.
To pay district surveyor in respect of formation of streets,
118.
COUNTING HOUSES and offices, 40.
COUNTY COUNCIL. See COUNCIL.
COUNTY COURT, Powers of, 124.
COUNTY OF LONDON, regulations under the Metropolis Management
Acts, which are in force under the Borough Councils, 572-
582.
COURT OF SESSIONS, may make order as to expenses of neglected
structures, 98.
COURTS within a building, rules as to, 49.
CROSS WALLS, definition of, 14.
Thickness of, 158.
GROWN, the, saving rights for, under Act of 1905, 205, 273.
CUBICAL EXTENT, definition of, 16.
Additional, 440.
DAMAGE, incidental, 196.
Sustained by adjoining owner, 80.
DAMP COURSES, walls to have, 426, 427.
678 INDEX.
DANGEROUS and noxious businesses, list of, 99.
Proceedings against persons carrying on, 100, 101.
Regulations as to building near, 99, 138.
Rules as to lavatories and meals in, 341.
DANGEROUS STRUCTURES, arbitration respecting, 94.
Certificate concerning, 93.
Definition of, 92.
Duties of district surveyor respecting, 92, 93.
Expenses of, 95, 96.
Pees payable to Council in respect of, 98, 163.
Fees payable to district surveyor in respect of, 96, 161, 162.
In the city, 93.
Notice and summons as to, 93, 176.
Removal of inmates from, 96.
Rights of owner of, 94.
Sale of, 96.
DAYLIGHT REFLECTORS, 523.
DEFINITIONS of terms used in the London Building Act, 1894, 11-19.
Of terms used in the London Building Acts (Amendment) Act,
1905, 182-84.
Of terms used in Housing and Town Planning Act, 1909, 389,
390.
DEMOLITION of buildings, in the city, 516, 517.
Notice of, to be given to District Board, etc., 306, 307.
Powers of Council as to, 124.
DEPTFORD cattle market, 141.
DEPUTY of district surveyor, 112.
DEVIATION from certified plans, 48, 437.
DIAGONAL LINE, definition of, 42.
Modification of, 44, 45.
Regulations as to, 42-45.
DIFFERENCES or disputes between building and adjoining owners, 76,
77.
DILAPIDATED buildings. See DANGEROUS.
DISSATISFIED person, rights of a, 26, 101.
DISTANCE, PRESCRIBED. See PRESCRIBED.
DISTILLERIES, not a dangerous or noxious business, 101.
DISTRICT BOARD, notices due to, 306, 307.
Obligations of, 309, 310.
Powers of, 250.
DISTRICT SURVEYOR, accounts of, 120.
Appointment of, 111.
Certificates to be given by, 27, 47, 93.
Council may proceed on behalf of, 119.
Definition of, 17.
Deputy, 112.
Duties of, under Act of 1878, 272, 273.
Duties of, under Act of 1894, 92, 110, 120.
Duties of, under Act of 1905, 193.
Examination of, 111.
Fees payable to, 96, 118, 119, 159-62, 172, 194, 243, 428, 432.
Legal proceedings by, 124.
Notices to be given to, 112-115, 619.
INDEX. 679
DISTRICT SURVEYOR — cont.—
Plans to be deposited with, 27, 47, 122.
Power of, in respect of bressummers, 55.
Power in respect of drains, 251.
Power in respect of excavations, 431.
Power in respect of footings of walls, 77.
Power in respect of plastering, 431.
Power in respect of public buildings, 71.
Power of entry, 114, 198, 272.
Power to determine level of ground, 13.
Qualifications of, 111.
Returns by, 120.
Salary of, 119.
DISTRICT SURVEYORS, list of, with districts, 656, ad fln.
DIVISION WALLS, provisions as to, 223, 646.
DOCK COMPANIES, exempt under Act of 1894, 142.
Exempt under Act of 1905, 202.
DOMESTIC buildings, appeals concerning, 47, 48.
Application for the erection of, 437.
Courts in, 49.
Definition of, 16, 40.
Front and rear of, may be defined by superintending architect,
49, 50.
Of reinforced concrete, 620.
Open spaces in rear of, 41-43.
Plans of, 47, 48.
Provisions as to, 40-48.
Service of water to, 585, 586.
With stables in rear, 52, 53.
DOOR FRAMES, thickness of, 207.
DOORS, applications respecting, 441.
Double wrought iron, 222.
In factories and workshops, 340.
In party walls, 441.
In public places, 73.
" -Of escape on staircases, 495.
Thickness of, 207.
DORMERS, 56, 57.
DRAINAGE, alterations to, in cases of urgency, 570, 571.
By-laws concerning, 531-75, 586.
City regulations concerning, 510-28, 571.
Costs of, 263, 264.
District Board's powers in respect of, 247, 250, 251, 263.
Earth closets, 540, 541.
Gulley holes, and gratings to be trapped, 247.
Inspection of, 251.
Joints of pipes for, 560.
Justices' powers in respect of penalties concerning, 256.
Metropolitan Board of Works' power to make by-laws for, 256.
Notices respecting, 263, 543.
Occupier's liabilities in respect of, 264.
Of blocks of houses, 248.
680 INDEX,
DRAINAGE — cont. —
Of houses without sewer within 200 feet, 261.
Of lodging-houses, 548, 549.
Of subsoil, 552.
Of surface water, 553.
Openings into sewers, 259.
Owner's liabilities in respect of, 247, 264, 548.
Penalties in connection with, 248, 256, 260-63, 311, 546, 570,
571-
Pipes for, 547, 554, 555, 558-60.
Plans of construction of, 567-70.
Regulations concerning, under Act of 1855, 247-51, 256, 257.
Regulations under Act of 1862, 259-65.
Regulations under Act of 1878, 465.
Regulations under Act of 1891, 321, 329, 330, 332, 334.
Regulations under Act of 1908, 216.
Slop sinks, 563.
Temporary provision for, 261.
Urinals, 563.
Water-closets, see WATEB-CLOSETS.
DRAINS, in new buildings, 249.
Concrete for, 553, 555.
Connections with pipes, 561, 562.
Regulations as to, 573-75.
Repair of, 564.
Size of, 553.
To be trapped from sewer, 556.
To be watertight, 554.
Under buildings, 257, 555.
Ventilation of, 556.
DRILL ROOMS, 620.
DUCHY OF CORNWALL, saving rights for, 205.
DUCHY OF LANCASTER, saving rights for, 273.
DUNG, receptacles for, 507, 545.
DWELLING HOUSE, definition of, 16, 390.
DWELLING HOUSES, bay windows in, 68.
Appeal to tribunal concerning, 103.
On low lying land, 102, 444-46.
Order for closing insanitary, 377, 378.
Regulations concerning, 103, 444-46.
Thickness of walls of, 150.
To be inhabited by persons of the working class, 46.
Wood floors of basements to be ventilated, 64.
EARTH CLOSETS, 540, 541.
EASEMENTS, saving for lights in party walls, 92.
EAVES, to be of fireproof material, 66.
ELECTRIC lighting in theatres, etc., 359, 360, 471-82.
ELECTRICITY, buildings for the supply of, exemption under the Act
of 1894, 144.
Exemption under the Act of 1905, 203, 204.
Plans for, 440, 441.
EMBANKMENT WALLS, exempt from Act of 1894, 140.
INDEX. 681
EMERGENCY works, to be commenced without notice, 115.
ESCAPE from fire, means of. See MEANS.
EXAMINATION of candidate for office of district surveyor. See
DISTRICT SURVEYOR.
EXCAVATIONS, filling in of, 121, 431.
" EXISTING BUILDING," definition of, 183.
EXITS of churches, etc., 72.
Of factories and workshops, 340.
Of places of public resort, 303, 458, 459.
To escape staircases, 491.
EXEMPTION of buildings, 145.
Of dock companies' property, 202, 203.
Of generating stations of underground electric railways, 203.
Of Government buildings, 144.
Of Inns of Court's land and buildings, 145.
Of owners from penalty, etc., 194.
Of railway companies' structures, 76, 203.
EXEMPTIONS from Act of 1894, 140-43, 145.
From Act of 1905, 202-206.
EXPENSES, apportionment of, between building and adjoining owners,
77, 88, 89, 91.
In respect of dangerous and neglected structures, 95, 96, 98.
In respect of flood works, 295.
Provisions as to payment by owners, 126, 127.
EXPRESSIONS. See DEFINITIONS.
EXTERNAL WALL, definition of, 14.
EXTERNAL WALLS, abutting together, 77.
Costs of raising and underpinning, 90.
Footings and foundations of, 77.
Projections from, 77.
Protection of, from damp, 426, 427.
Recesses and openings in. See OPENINGS.
Thickness of, 53, 71, 149-58.
Thickness of, in steel frame buildings, 228, 229.
Timber in, 54.
When pulled down, one half to be rebuilt, 146.
FACTORIES and workshops, air space in, 331.
Application of term to certain institutions, 347.
Arbitration concerning, 489.
Buildings used for storage of inflammable liquid, 496.
Doors to open outwards, 340.
Drainage of floors, 334.
External iron gangways, balconies and staircases to, 493, 495.
Inspection of, 344-50.
Lifts in, 496.
Machinery of, 335, 337.
Maintenance of, 492.
Meals in, 341.
Means of escape from fire in, 337-40.
Of reinforced concrete construction, 620.
Plans of, 491.
Sanitary provisions and rules for, 823, 329, 330, 332, 334, 341-43.
682 INDEX.
FACTORIES— cont. —
Sleeping accommodation in, 490, 491.
Staircases of, 491, 493, 494.
Steam boilers in, 335, 336.
Temperature in, 333.
Ventilation of, 333, 341.
FACTORY and Workshop Act of 1901, 201, 328-43.
FACTORY and Workshop Act of 1907, 344-50, 489.
FEES, payable to Council, 98, 130, 163, 164.
Payable to district (surveyor, 117, 118, 159-62, 172, 209, 428,
432.
Payable to Tribunal of Appeal, 130.
FENCES and other obstructions in streets,*20, 136.
Position of, as to roads, 175.
FENCE WALL. See PARTY FENCE WALL.
FIRE, means of escape from. See MEANS.
Precautions against, in places of public resort, 455-85.
Precautions against, in cinematograph theatres, 357.
Protection against, in new buildings, 184-87.
FIREBRICKS in furnace chimney shafts, 62.
FIRE, close, 162.
FIREPLACES, backs and jambs of, 59.
FIRE-RESISTING floors, 62, 63, 70.
Materials, definition of, 18, 182, 207-209.
FIRST STOREY, definition of, 14.
FISH-CURER, premises of a, 218.
FLOODS, Thames River Prevention of, Amendment Act, 1879, 275-
301.
FLOOD WORKS, bodies and persons liable for, execution of, 278,
281, 283, 284.
Board's powers and liabilities respecting, 280-84, 289.
Dock companies and, 286.
License from Conservancy Board necessary for, 287, 288.
Maintenance and repair of banks, 288, 289.
Notices and orders for, 299.
Owner's liability for, 283.
Plans necessary for, 279.
Penalties for breach of regulations respecting, 282.
Temporary, 282.
FLOORS above furnaces and ovens, 63.
Between stables and rooms, to be plugged, 64.
Drainage of, 249, 334.
Fire-resisting, 62, 63, 159, 496.
Of factories and workshops, 334.
Of habitable rooms to stables, 162.
Of places of public resort, 455.
Of public buildings, 71.
Of reinforced concrete buildings, 618-22.
Of water-closets, 538.
Of water-closets in the City, 500.
Party, over public ways, 65.
Under and around copper, steam boiler, etc., 62.
INDEX. 683
FLUES, cutting away of, 79.
Fees payable to district surveyor on, 160.
Rules as to, 58-61.
FOOD, accommodation for cooking, in tenement houses, 215.
Accommodation for storing, in tenement houses, 226.
Premises used for the sale of, 214, 216.
FOOTINGS, to chimney breasts, flues, etc., 58, 62, 79.
To walls, 55, 77, 79, 149-51.
FORMS in use under the different Acts, 588-611.
FOUNDATIONS and sites of buildings, 425, 426.
Definition of, 13.
Of adjoining owner's building, 79.
Of reinforced concrete buildings, 647.
FRAMES of windows, 68.
FRIED FISH VENDOR, 218.
FRONT and rear of domestic building, 49.
FURNACE CHIMNEY SHAFTS, applications for, 483.
Fees payable to district surveyor on, 160.
Rules as to, 61, 62.
FURNACE FLOORS, 63.
FURNACES, 58, 62, 483.
GABLES, 42.
GANGWAYS, 460, 495.
GASWORKS, exemption of buildings, 142.
Saving for, 101, 145, 178.
GENERAL LINE of buildings, 33-37, 125.
Bay windows beyond, 68.
Certificates concerning, 33, 36.
Fees payable by Council to district surveyor respecting, 118.
Subject to supervision of district surveyor, 110.
Timber stacks not to extend beyond, 133.
GENERATING stations of underground electric railways, exemption
of, 203.
GIRDERS, definition of, 228.
Rules as to, 229.
GLAZING to windows, doors, borrowed lights, etc., 209.
GOVERNMENT buildings exempt from Act of 1894, 144.
GRADIENT of street, 21.
GRAVEL, pressure of steel frame buildings on, 237.
Proportion of, in concrete for drains, 555.
Proportion of, in concrete for walls, 426.
Sites, concrete may be omitted from foundations on, 426.
GREENHOUSES, exempt from Act of 1894, 143.
GROUND, level of, 13.
GROUND STOREY, definition of, 13.
Not constructed to be inhabited, 41.
GUILDHALL, definition of, 18.
Exempt from Act of 1894, 140.
GUTTERS, 69.
HABITABLE BASEMENTS, 40, 41.
HABITABLE, definition of, 18.
HABITABLE ROOMS, 52, 63-65.
684 INDEX.
HAIR, proportion to be used in plastering, 431.
HANDRAILS for escape staircases, 494.
HEARTHS, 59, 60.
HEATED AIR, steam, etc., pipes for, 62.
HEATING in theatres, places of public resort, etc., regulations for,
482-85.
HEIGHT, definition of, 15.
Of buildings, 50, 51.
Of rear of building, governed by diagonal line, 43.
Of rooms in roof, 63.
Of storeys, 150, 154.
Of timber stacks, 134.
Of windows, 64, 67.
Of working class dwellings, 176.
HIGH BUILDING, definition of, 183.
Certificate necessary for, new, 185.
Means of escape from fire from, 184, 185.
Tribunal of appeal, powers concerning, 124.
HIGH COURT, the, powers of, 129, 130.
HISTORICAL INTEREST, buildings of, 132.
HOARDINGS, in City, 525-27.
Licenses required for, 255.
Required during repairs, 254.
Required in front of dangerous structures, 93.
Required when house is demolished, 306.
HOARDS and scaffolds, regulations as to in the boroughs, 580-82.
Regulation as to in the City, 524-28.
HOLLOW WALLS, 150.
HORIZONTAL LINE, the, 41-43.
HOSPITAL WARDS of reinforced concrete, 620.
HOT- WATER and steam pipes, when deemed at low pressure, 63.
HOTELS, 492, 620.
HOUSE DRAINAGE. See DRAINAGE.
HOUSE REFUSE, removal of, 533.
HOUSES converted into public buildings, 72.
HOUSING, town planning, etc., Act of 1909, 364-419.
Amendments to, 381-89.
Application to Scotland of part I, 390-94.
Appointments under, 404-407.
Definitions in, 389, 390.
Enforcement of, 371-74.
Facilities for acquisition of lands under, 368-71.
Schedules of, 409-19.
Supplemental, 407-409.
INFLAMMABLE LIQUID, storage of, 190, 496.
INHABITED, definition of, 18.
INMATES of dangerous building, removal of, 96.
INNS OF COURT, exemption from Act of 1894, 145.
Protection of, 202.
INSURANCE OFFICES, exempt from Act of 1905, 203.
INTENDED works, notice to be evidence of, 114.
INTERMIXED property, 78, 88.
INDEX. 685
IRON and steel buildings or construction, 228-44, 441.
Calculation of total load on foundation pillars, 235.
Council's powers respecting, 73, 74, 241.
District surveyor's powers respecting, 243.
External walls of, 229, 231.
Fire resisting materials in, 229, 230, 233.
Floors of, 233, 234.
Girders of, 229, 230.
Joints of pillars in, 232.
Pillars of, 229, 230, 232, 233, 238.
Pressure on brickwork, 238.
Pressure on concrete foundations, 238.
Pressure of foundations on natural ground, 237.
Rivets to be used in, 230.
Skeleton framework to sustain whole dead load, 229.
Staircases, 233.
Steelwork of structures, 233.
Stresses of 233, 235-37.
Wind pressure on, 235.
IRON PIPES, 554.
IRON STAIRCASES, 494.
IRONWORK, when to be encased, 463, 495.
JAMBS, etc., 59, 60, 79.
JETTIES, exempt from Act of 1894, 140.
JOINTS of drain pipes, 560, and see DRAINAGE.
Of reinforced concrete buildings, 629, 639, 640.
JOISTS in party walls, 55.
JUSTICES, powers of, 256.
KERBS, 20-23, 422.
KNACKER, business of, not noxious, 100.
LAMPS, 521, 522.
Private, 579.
LAND, acquisition by local authorities, 401.
Conditions as to giving up, 448.
For flood works, 283, 284.
Low-lying. See LOW-LYING.
LAND CLAUSES ACT, 30, 36.
LANDINGS, 208.
LANDLORD, contracts of, under Act of 1909, 374-77.
Definitions of, 508.
LANTERN LIGHTS, 41, 56, 189, 497.
LATHS, for plastering, 431.
LAUNDRIES, application of Factory Act to, 345, 347.
LAVATORIES, provision of in factories, 334, 341-43.
LAYING OUT new streets, 48.
Application to Council for, 49.
LEAD used in factories, 341.
LEAD-PIPES, soil, 504, 560-62.
Water, 584.
LEGAL PROCEEDINGS, under Act of 1894, 123-30.
LEVEL of the ground, definition of, 13.
LIBRARIES, 620.
686 INDEX.
LICENSES for cinematograph buildings, 361.
For dwelling-houses on low-lying ground, 10.9, 103, 444.
For hoardings and scaffolds, 255, 526.
For temporary buildings, 74.
For wooden structures, 75.
Not required for alterations, 76.
LIFTS, 496.
LIGHT, access of, to habitable basements, 40.
To neighbouring buildings, 44.
LIGHTING of places of public resort, 471-82.
LIGHTNING conductors, 467.
LIGHTS in party walls, 92.
LIME, its proportion in concrete and morbar, 426.
In plaster, 431.
LIMELIGHT for cinematograph buildings, 361.
For places of public resort, 463.
LIMITATION of time for proceedings, 133.
LINE, diagonal. See DIAGONAL.
Of building frontage. See GENERAL.
LINING of chimney shafts, 62.
LIQUID, inflammable. See INFLAMMABLE.
LOADS on steel frame buildings, 235.
On reinforced concrete buildings, 619.
LOBBIES in public buildings, 63.
LOCAL AUTHORITY, definition of, 18.
Powers of, 28, 37-40, 147, 377, 401.
LODGER, definition of, 509, 549.
Exempt from occupier's liabilities, 17.
LODGING-HOUSE, definition of, 508, 549.
Of reinforced concrete, 620.
Power of Local Authority as to, 376.
LONDON, definition of, 18.
LONDON BUILDING ACT, 1894, 1-172, 645.
Amendments of, 220.
LONDON BUILDING ACT, 1894, (Amendment) Act, 1898, 173.
LONDON BUILDING ACTS, (Amendment) Act, 1905, 179.
LONDON COUNTY COUNCIL. See COUNCIL.
LONDON COUNTY COUNCIL (General Powers) Act of 1890, 305-307.
Of 1908, 211.
Of 1909, 225-44.
Revised regulations for reinforced concrete buildings, 618-54.
LONDON SCHOOL BOARD, buildings of, 33.
LOW-LYING LAND, appeal against refusal of consent to erect dwelling-
houses on, 103.
Description of, 102.
Fees payable to district surveyor in respect of, 162.
Penalty for erecting houses on, in contravention of the Act of
1894, 138.
Regulations as to, 444.
Low PRESSURE in hot- water pipes, etc., 63.
MACHINERY, cleaning, fencing of, in factories, 336, 337.
MANSION-HOUSE, exemption of, 140.
INDEX. 687
MANUFACTORIES. See FACTORIES.
MARKET GARDENS, compensation for taking, 29.
MARKETS, exemptions of certain, 141.
MATERIALS, building, by laws as to, 427.
Fireproof and fire -resisting. See FIRE-RESISTING.
For drains, 553-56.
For floors, 63, 207-209.
Of demolished houses may be sold, 124, 126.
Of neglected structures, 97.
MEANINGS. See DEFINITIONS.
MEANS of escape from fire, appeal against requirements respecting,
197, 489.
Doors for, 495.
Exemption of certain buildings as to, 489.
External staircases for, 493.
From buildings used for the storage of inflammable liquids, 190,
488, 496.
From buildings with projecting shop fronts, 189, 488.
From converted buildings, 489.
From factories and workshops, 337-40.
From hotels, 492.
From new high buildings, 184, 487.
From old buildings, 487.
From twenty person buildings, 487.
Requirements of the Council as to, 486-89.
To be maintained in good repair, 192.
To roofs, 190, 191, 488.
MEANS OF EXIT from theatres, etc., 303.
MEETING HOUSES, public halls, etc., staircases in, 72.
METROPOLIS Local Management Act, 1855, 246-57.
By-laws to, 421-23.
METROPOLIS Local Management Acts Amendment Act, 1862, 258-65.
METROPOLIS MANAGEMENT ACTS, definition of, 18.
METROPOLIS Management and Building Acts Amendment Act, 1878,
266-74, 450-68.
METROPOLIS Management Amendment Act, 1890, 308-14.
METROPOLIS MANAGEMENT (Thames River Prevention of Floods)
Amendment Act, 1879, 275-301.
METROPOLIS Water Act, 1871, 582-87.
METROPOLITAN BOARD OF WORKS (Various Powers) Act, 1882, 302-
304.
METROPOLITAN CATTLE MARKET, 141.
MEWS included in definition of street, 11.
MORTAR, materials to be used in, 426, 646, 649.
MUSEUMS, 620.
Music HALLS. See PLACES OF PUBLIC RESORT.
NAMING of streets and numbering of houses, 442-44.
NAPHTHA, manufacture of, dangerous, 99.
NEGLECTED structures, regulations concerning, 97, 98.
Service of summons respecting, 93, 376.
NOTICES, as to closing orders under Housing, etc., Act, 377, 378.
As to dangerous structures, 92, 93.
688
INDEX.
NOTICES, etc. — cont. —
As to drains, 247, 251.
As to flood works, 281.
As to general line, 36.
As to means of escape, 187, 188, 337.
As to neglected structures, 97, 138.
As to party structures, 76, 77, 81, 83, 87.
As to projections, 253.
As to repair of working class dwellings, 375.
As to sanitary work, 323, 330, 543.
As to setting back, 29, 175.
As to streets, 31, 40.
Failure to serve, 139.
Of irregularity by district surveyor, 115, 116.
Of objection by district surveyor, 115.
To- Borough Council regarding erection of buildings, 249.
To district surveyor regarding erection of buildings, 112.
Noxious BUSINESSES, definition of, 100.
Dwelling-houses not to be erected near, 99.
Penalty for not carrying out provisions concerning, 138.
OAK, fire-resisting for certain purposes, 208.
OBJECTION, notice of, 115.
OBSTRUCTIONS in streets, 135.
OCCUPIER, definition of, 17.
And the numbering of houses, 39.
Fees payable by, 117.
Rights of adjoining, 86.
OFFENCES against Act of 1894, 135-40.
Against Act of 1905, 199-201.
OFFICES and counting-houses, 40, 70, 620.
OIL SHOPS, 190, 496.
OLD buildings to be certified before being pulled down, 27.
OPENINGS in chimney breasts and flues, 59.
In external works, 53, 54, 438, 646.
In party walls, 159, 222, 440.
In walls or flues for ventilating purposes, 143.
OPEN SPACE in rear of domestic buildings, 40-49, 437.
For water-closets, 499, 538.
ORDNANCE DATUM as to height of Trinity high-water mark, 103.
ORIEL windows, 68, 69.
Fees payable to district surveyor on, 162.
OUTBUILDINGS, 164.
OVENS, floors above and under, 62, 63.
Fees to district surveyor on trade, 162.
OWNER, adjoining. See A'DJOINING.
Building. See BUILDING.
Definitions of, 17, 182, 213, 390.
Exempted from penalty under certain conditions, 194.
Expenses payable by, 96, 98, 126, 127, 284.
Notices to, 93, 253.
Of a dangerous structure, 93, 97.
Offences of, under Act of 1894, 139.
INDEX. 689
OWNER — cont. —
Rights of, 36, 94, 132, 219, 228.
When signifying occupier, 109.
PARAPETS, 55, 427.
Top to be rebuilt without fees, 164.
PARTITION WALLS, internal, enclosing staircase, 208.
To stables, 64, 162.
PARTY ARCH, definition of, 15.
Over and under public ways, 65.
PARTY PENCE WALL, 80, 81, 90.
Cost of, 90.
Definition of, 15.
When exempt from parts II. and VII. of Act of 1894, 143.
PARTY FLOORS, 65.
PARTY STRUCTURES, definition of, 15.
Regulations as to, 78, 79, 88, 89, 91.
PARTY WALLS, 56.
Bricks to be used in, 426, 427.
Chases in, 56.
Chimney breasts cut in, 60.
Definition of, 14.
Expenses of erection of, 77.
In reinforced concrete buildings, 618, 646.
Measurements of, 55, 81, 150-154.
Recesses and openings in, 53.
Saving for lights in, 92.
Templet to be built into, 55.
PASSAGES, in churches, etc., 72.
In places of public resort, 457.
When to be fire-resisting, 70.
PAVEMENT LIGHTS, 520.
PAVING STREETS, 252, 253.
PAYMENTS. See FEES.
PENALTIES —
Under Act of 1855, 254, 263.
Under Act of 1862, 261, 262.
Under Act of 1878, 273.
Under Act of 1879, 282.
Under Acts of 1890, 307, 311, 312, 432.
Under Act of 1891, 324.
Under Act of 1894, 124, 136-40.
Under Act of 1899, 570.
Under Acts of 1900, 517, 564.
Under Act of 1905, 199-201.
Under Act of 1908, 217.
PETROLEUM, storage of, 190, 496.
PIERS, when necessary to walls, 155, 158.
Jetties, etc., exemption of, 140.
PILLARS, brick, 238.
Cast iron, 232, 233.
In reinforced concrete, 627, 638-43.
Working stresses on, 236, 627.
44
690 INDEX.
PIPES, for conveying vapour, etc., 62, 162, and see DRAINAGE.
PLACES OF PUBLIC RESORT, theatres, etc., construction of, 450-68 620.
Electric lighting of, 469-82.
Heating regulations for, 482-85.
PLANS, certifying of, 27, 47, 160.
Definition of, 184.
Deposit of, 428, 567-572.
Of old buildings, 27, 47.
Of places of public resort, 428, 453-70, 482-85.
To be the property of the Council, 133.
PLASTERING, 208, 431, 432.
POWERS of architect of Board, 272.
Of Council, 132, 217.
Of district surveyor. See DISTRICT SURVEYOR.
Of owners. See ADJOINING, BUILDING, and OWNER.
Of railway companies, 38.
Of vestry or District Board, 309, 310.
PRESCRIBED DISTANCE, the, appeal concerning, 32.
Application to Council concerning, 436.
Definition of, 12.
Eegulations as to building within, 27, 29, 32, 35, 146, 175.
PRIVIES, 531, 541-44.
PROCEEDINGS. See LEGAL.
PROJECTING bay windows, 69.
Boards and tablets, 523.
Footings of walls, 150, 151.
Shops, 189, 488.
PROJECTIONS, rules as to, 66, 439.
PROVISIONAL LICENSES, 271.
PUBLIC BUILDING, definition of, 16.
PUBLIC BUILDINGS, construction of, 71.
Conversion of houses into, 72.
Lobbies, passages, etc. in, 63.
Stairs and annexes in, 63.
To be certified by district surveyor, 71.
PUBLIC HALLS, lecture rooms, etc., 72, 620.
PUBLIC HEALTH Department of Corporation of London, 498-528.
PUBLIC HEALTH (LONDON) ACT, 1891, 320-27.
PUBLIC WAYS, rules as to, 65, 66, 159.
PUBLIC WHARFINGERS, exemption of buildings of, 204.
QUARTER SESSIONS, appeals to, 101.
QUAY WALLS, exempt from Act of 1894, 140.
RACKRENT, definition of, 182, 213.
RADIUS OF GYRATION, 236.
RAG AND BONE DEALER, 214, 217.
RAILWAY Arches, not to be used for human habitation, 73.
RAILWAY COMPANIES, exemption as to buildings, 76, 141, 142, 203.
Exemption as to roadways, 32, 38, 52.
RAIN WATER not to run over the public way, 69.
Pipes for, 512, 553.
RAKING and FLYING SHORES, 527.
REAR of domestic buildings, 49, 52.
INDEX, 691
RECESSES and openings in walls, 53, 54, 438, 646.
RECOVERY of penalties, under the Metropolis Management and
Building Acts Amendment Act, 1878, 273.
REFORMATORIES may be considered as factories, 347-49.
REFUSE, removal of, 533, 536.
REINFORCEMENT. See REINFORCED.
REINFORCED CONCRETE BUILDINGS, anchors of beams in, 629, 632.
Arches in, 644.
Bars in, 629, 630, 632, 634.
Beams of, 622, 623, 631-33, 635, 636, 652.
Bending moment of beams and slabs in, 623-27, 637, 638.
Brackets and bracketed work in, 633.
Brickwork of, 646, 647.
Cantilevers in, 623.
Centering for, 652, 653.
Composition of concrete for, 642, 649-51, 653.
Definition of, 618.
Floors of, 618-22.
Foundations of, 647.
Hooks at ends of bars in, 629.
Joints in, 629, 639, 640.
Loads in. See WORKING STRESSES.
Materials used in, 648, 649.
Modular ratio of steel to elastic modulus of concrete, 631, 635.
Mortar to be used in, 646, 649.
Notation for beams and slabs in, 635.
Notation for pillars, struts, etc., 640, 641.
Notices concerning, 619.
Pillars of, 627, 638-643.
Protection and covers of reinforcement, 647, 648.
Resistance moments in, 634-38.
Revised regulations for, 618-54.
Roofs of, 619-21.
Skeleton framework of, 618.
Slabs in, 626, 633-36.
Staircases in, 618.
Steel used in reinforcement, 651.
Struts or ends of pillars in, 640, 643, 644.
Tensile reinforcement, 629.
Tests of, 651, 652.
Walls of, 618, 644-657.
Wind pressure on, 622.
Wiring in, 632, 634.
Wood used in, 654.
Working stresses and loads on, 618-22, 627-30, 633-37, 640, 643.
Workmanship for, 653, 654.
RESISTANCE MOMENTS, 634-38.
RESPONSIBLE PERSON for deposit of plans for drainage, 572.
RETAINING WALLS, exempt from Parts VI. and VII. of Act of 1894,
140.
RETURNS, district surveyor's monthly, 120.
RIVETS, rules as to, 230.
692 INDEX.
ROADS, private, 32.
Rules as to, 309, 310, 313.
ROADWAY, definition of, 11.
Centre of defined, 12.
ROOFS, height of party walls above, 55.
Means of escape to, 190, 191.
Of reinforced concrete buildings, 619-21.
Removal of, 134.
Rules as to, 57, 233.
Stories in, 57.
ROOMS, basement, 64, 316-18.
Habitable, 49, 63-65, 427.
In premises used for storing inflammable liquids, 190, 496.
ROYAL EXCHANGE, exempt from Act of 1894, 140.
SALE of buildings, structure or material, 126.
SAND in concrete, 427, 648-50.
In mortar, 426.
In plastering, 431.
SANITARY authorities, powers of, 219, 227.
Conveniences. See LAVATORIES.
Regulations, 216, 219, 227, 247, 248, 323-27, 341-43, and see ASH-
PITS, DRAINAGE, REFUSE.
SAVING rights for domestic buildings, 47.
For lights in party walls, 92.
Of crown, 205, 273.
Of Duchy of Lancaster, 273.
Of gas companies, 145.
Of local authorities, 147.
SCAFFOLDS and hoards, regulations as to, 523, 580-81.
SCHOOL BOARD buildings, exemption of, 33.
SCHOOLS of reinforced concrete, 620.
SEPARATION of buildings, 70.
SERVICE of notices under tribunal of appeal, 130.
Of summons as to dangerous structures, 176.
SESSIONS HOUSE. See OLD BAILEY.
SHEDS, open, 149.
SHOP FRONTS, 67, 69.
SHOPS, conversion of dwelling-houses into, 147.
In reinforced concrete buildings, 620.
Oil, 197, 496.
One storey, 497.
Projecting, 189.
Used for sale of food for human consumption, 216.
SHORES, raking and flying, in the city, 527.
SHORING of dangerous structure, 81, 82, 93.
SHUTTERS, 207, 441.
SITES and foundations of buildings, 425.
Old, 27, 47.
SKYLIGHTS in places of public resort, 463.
On roofs of projecting shops, 497.
SKY SIGNS, Borough Councils' powers regarding, 108, 109.
Definition of, 104.
INDEX. 693
SKY SIGNS — cont. —
Illegal erection of, 139.
In the city, 108, 109.
Prohibition of future, 105.
SLOPE of roofs, 57.
SMOKE, flues for conveying, 58.
Pipes for conveying, 62.
SOIL pipes, rules as to, 504, 560, 568.
SOILS, pressure of steel framed buildings on, 237.
SOOT DOORS, 58, 60.
SPIRES, exempt from rules as to roofs, 57.
SQUARE, definition of, 16.
STABLES at rear of domestic buildings, 52.
Floors and partitions adjoining, 162.
Habitable rooms over, 64.
STACKS. See CHIMNEY.
STAIRCASES, escape, 492-95.
Finished thickness of threads, risers, etc., 208.
In churches and chapels, 72.
In reinforced concrete buildings, 618.
Partitions of, 208.
To habitable rooms over stables, 64.
Ventilation of, 63.
STANCHIONS to bressummers, additional, 55.
STAPLE INN, buildings to which Act of 1905 applies, 204.
STEAM BOILERS, 58, 335.
STEAM PIPES, 62, 162.
STEEL, rolled, 229.
Standard of, 229, 651.
Working pressure on pillars of, 236.
STEEL FRAME buildings, application to Council respecting, 441.
Fee payable on, 243.
Load on floor of, 233, 234.
Provisions respecting, 228, and see IRON.
STOCK EXCHANGE, 178, 204.
STOREY POST, 55.
STOREY, basement, 14, 41.
Ground, 13.
Height of, 150, 155, 158.
In roof, 57.
Topmost, 52.
Upper, 183, 187.
STREET, definition of, 11, 390.
Adaptation of ways to, 20, 22-24.
Appeal to tribunal concerning, 26.
Commencement of, 20, 23.
Communication between, 21.
Compensation respecting, 29.
Council's powers respecting, 19, 20, 22-25, 30, 39, 40, 435,
436.
Definition of, 11.
General line of buildings in, 33.
694 INDEX.
STREET — cont. —
Gradient of, 21.
Height of buildings in, 51, 176.
Illegal alteration of, 135.
Kerbing of, 23.
Local authority's powers respecting, 25, 38, 39.
Modification of, 21.
Naming, 38-40.
New, 19, 48, 118, 421-23, 435, 436.
Numbering, 39, 40.
Obstruction in, 135.
Prescribed distance in, 26.
Paving, 252.
Plans of, 19.
Subsoil under, 313.
Vaults under, 2o2.
Width, 21, 24, 30.
STRESSES, working, on iron and steel, 236, 237.
On reinforced concrete, 627-29.
STRING COURSES, 66, 69.
STRUCTURES, appeals concerning, 26, 38.
Beyond general line, 25, 37, 436.
Dangerous. See DANGEROUS.
Duration of exemption for, 145.
Illegal erection of, 124.
Neglected. See NEGLECTED.
Notice of, to be given to district surveyor, 112.
Party. See PARTY.
Piles of loose timber, 76.
Supervision by district surveyor, 110.
Temporary, 160.
Within prescribed distance, 27.
Wooden, 75, 160.
SUPERINTENDING ARCHITECT, applications to be made to, 434.
Appointment of, 109, 110.
Definition of, 17.
Powers of, 12, 33, 36, 37, 49, 50, 54, 110.
Signature of, 133.
SURVEYORS, appointment of, 83-85, 94.
District. See DISTRICT.
Powers of, 85.
TAR, Manufacture of, a dangerous business, 99.
TEAK, a fire-resisting material, 208.
TEMPERATURE, reasonable, 333.
TEMPLET, to be built into party wall, 55.
TEMPORARY Buildings, 74, 83.
Flood works, 282.
TENEMENT HOUSE, definition of, 214.
TENEMENT HOUSES, cooking and storage of food in, 215, 227.
Owner's right of entry into, 227, 22S.
Precautions against fire in, 70, 71.
Sanitary authority's right of entry into, 227.
INDEX. 695
THAMES, flood works upon shores of the, 285.
THEATRES, houses, rooms and places of public resort, construction
of, 450-68.
Electric lighting of, 469-82.
Heating regulations, 470, 482-85.
Means of exit from, 303.
Of reinforced concrete construction, 620.
THICKNESS of arches over and under public ways, 65, 66.
Of brickwork of furnace chimneys, shafts, etc., 61.
Of doors, shutters and frames, 207.
Of parapets, 55.
Of walls, 149-58.
TIMBER in walls, 54, 55.
Not affixed to ground, 76.
Partitions, 78.
Stacks, 76, 133, 134.
TOPMOST STOREY, 52, 157.
Definition of, 14.
TOWERS, 50, 57.
TOWN-PLANNING ACT, 1909, 364-419.
TRADES, dangerous. See DANGEROUS.
TRAP DOORS to roof, 191.
TRAPS. See DRAINAGE.
TREADS, of escape staircases, 494.
Thickness of, 208.
TRIBUNAL OP APPEAL, applications to, 103, 167, 169, 240.
Constitution of, 128.
Decisions of, 170.
Definition of, 19, 184.
Documents lodged with, 167, 169, 171.
Fees payable to, 130, 171.
Fees payable to district surveyor, for work under, 172.
Membership of, 128, 242.
Notices and orders of, 129, 130, 168.
Officer's powers, 128, 129.
Procedure of, 129, 130, 170.
TRINITY HIGH WATER MARK, 103.
TURRETS, 50, 57, 68, 69.
UNDERGROUND BAKEHOUSES. See BAKEHOUSES.
UNDERGROUND KAILWAYS, 204.
UNDERGROUND BOOMS, 65.
Eules as to the occupation of, 316-19.
UNDERPINNING walls, etc., 78, 151.
UNITING BUILDINGS, rules as to, 221, 222, 440, 441.
UPPER STOREY, definition of, 183.
Means of escape from, 184, 187.
URINALS, 503.
VALVES, ventilating, 60.
VAULTS, pavement, 519-20, 576-78.
Under streets, 252.
VENTILATING COWLS, 488, 489.
696 INDEX.
VBNTILATION of basements, 40, 41.
Of buildings used for storing inflammable liquids, 496.
Of factories and workshops, 333.
Of habitable rooms, 64.
Of staircases, 63.
Of wooden floors to basement dwellings, 64.
VERANDAHS, 66, 69.
VESTBY, powers of, 247-257.
WALLS, abutting against earth to have vertical damp course, 426, 427.
Base of, defined, 13.
Buildings to be enclosed with, 149.
Buildings to be separated by, 70.
Concrete for, 425-27.
Construction of, 426.
Cross. See CROSS.
Division, 223.
Drains under, 555.
External. See EXTERNAL.
Foundations of, 425.
Height of, 15, 49, 155.
Hollow, 150.
In reinforced concrete buildings, 644-647.
Length of, 150.
Not in conformity with Act, 146.
Of public buildings, 71.
Partition. See PARTITION.
Party. See PARTY.
Party fence. See PARTY FENCE.
Thickness of, 149-58.
Underpinning of, 151.
WAREHOUSE CLASS BUILDINGS, definition of, 16.
In reinforced concrete, 620, 622.
WAREHOUSES, slope of roof of, 57, 234.
Superimposed load on floors of steel frame construction, 233, 234.
Thickness of walls of, 155-57.
WATER, regulations as to the supply of, 584-89.
WATER CLOSETS, by-laws as to, 537, 547, 548, 551-64.
Cisterns and flushing apparatus for, 501.
Cleansing of, 508.
Connections of pipes and traps in, 505-507.
Fittings to, 507.
Doors of, 501.
Exemption from by-laws in certain cases, 499, 500.
Floors of, 500.
In lodging houses, 508.
In the City of London, 499.
Joints of, 503, 504.
Light in, 501.
Maintenance of, 509, 546.
Pans and receptacles of, 502.
Pipes for, 503-507.
Slop sinks, 503.
INDEX. 697
WATER CLOSETS — cont. —
Urinals, 503.
Used in common, 508.
Ventilation of, 501-503.
WAY, definition of, 11.
WAYS, public, adaptation for streets, 22-25.
Arches over and under, 65, 89.
Prescribed distance in, 32.
Projections over, 67.
Widening, 26.
WHARF WALLS, exempt from Act of 1894, 140.
WHARFINGERS, exempt from Act of 1905, 204.
WINDOWS, bay, 68.
Escape, 497.
Oriel, 162.
Size and height above floor level, 64.
WOOD and timber, storage of, 133, 134.
WOODEN STRUCTURES, 75, 76.
Fees payable on, 160.
WOODWORK, in reinforced concrete buildings, 654.
In walls, 54, 55.
Near chimneys, 61.
Of shop fronts,- 67.
WORKHOUSE WARDS in reinforced concrete, 620.
WORKING CLASS, definition of, 214.
Dwellings, 46, 47, 52, 176.
WORKING STRESSES. See STRESSES.
WORKSHOPS. See FACTORIES.
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Crown 8vo, cloth, 10s. net.
" It is the Law of Building for London in one volume." — The Architect.
10
HOW TO ESTIMATE: being the Analysis of Builders'
Prices. By JOHN T. REA, F.S.I., Surveyor. With typical
examples in each trade, and a large amount of useful informa-
tion for the guidance of Estimators, including thousands of
prices. Fourth Edition, revised and enlarged, including much
additional information and many new diagrams, comprising
in all over 300 Illustrations. Large 8vo, cloth, 7s. Qd. net.
This work is the outcome of many years' experience in the personal
supervision of large contracts. It is applicable for pricing in any part of
the country, and is adaptable to every class of building and circumstance.
"For the scheme, scope, and general execution of the work we have nothing hut
praise. ' How to Estimate ' is a hook for which the architect and the huilder should he
ungrudgingly grateful. The present (third) edition has been very carefully revised, and
contains a new chapter." — The Building World.
ESTIMATING FOR REINFORCED CONCRETE
WORK. A Handbook for Measuring and Pricing Reinforced
Concrete. Compiled for the Use of Engineers, Architects,
and Estimators. By T. E. COLEMAN, Author of "Approxi-
mate Estimates," &c. Crown 8vo, cloth, 4s. net.
This volume gives full details of the procedure to be adopted in taking-off
quantities for reinforced concrete buildings, bridges, retaining walls, piles,
&c., including the mode of measuring all the various items of materials and
workmanship.
ESTIMATING : A METHOD OP PRICING BUILDERS' QUANTITIES
FOR COMPETITIVE WORK. By GEORGE STEPHENSON. Showing
how to prepare, without the use of a Price Book, the Estimates
of the work to be done in the various Trades throughout
a large Villa Residence. Seventh Edition, the Prices carefully
revised to date. Crown 8vo, cloth, 4s. Qd. net.
"The author, evidently a man who has had experience, enables everyone to enter, as
it were, into a builder's office and see how schedules are made out. The novice will find a
good many ' wrinkles ' in the book." — The Architect.
REPAIRS : How TO MEASURE AND VALUE THEM. By GEORGE
STEPHENSON, Author of " Estimating." Fourth Edition, the
prices carefully revised. Crown 8vo, cloth, 3s. net.
" 'Repairs' is a very serviceable handbook on the subject. A good specification for
repairs is given by the author, and then he proceeds, from the top floor downwards, to
show how to value the items, by a method of framing the estimate in the measuring book.
The modus operandi is simple and soon learnt." — The Building News.
THE QUANTITY STUDENT'S ASSISTANT. A Hand-
book of Practical Notes and Memoranda for those learning
to take-off Quantities. By GEORGE STEPHENSON, Author of
"Estimating," "Repairs," &c. Crown 8vo, 3s. 6d. net.
"It deals with precisely the points on which the young surveyor is likely to need
guidance, especially the many small but important matters which text-books frequently
ignore." — The Carpenter and Builder.
11
MODERN SCHOOL BUILDINGS, Elementary and
Secondary. A Treatise on the Planning, Arrangement and
Fitting of Day and Boarding Schools. With special chapters
on the Treatment of Class-Rooms, Lighting, Warming, Ventila-
tion and Sanitation. By FELIX CLAY, B.A., Architect. Second
Edition, thoroughly revised and enlarged. Containing 556
pages with 450 Illustrations of Plans, Perspective Views, Con-
structive Details and Fittings. Imperial 8vo, cloth, 25s. net.
PUBLIC BATHS AND WASH-HOUSES. A Treatise
on their Planning, Design, Arrangement and Fitting; with
chapters on Turkish, Russian, and other special Baths, Public
Laundries, Engineering, Heating, Water Supply, &c. By
A. W. S. CROSS, M.A., F.R.I.B.A. 284 pages, with 274 illus-
trations of modern examples. Imperial 8vo, cloth, 21s. net.
PUBLIC LIBRARIES. A Treatise on their Design, Con-
struction, and Fittings, with a Chapter on the Principles of
Planning, and a Summary of the Law. By AMIAN L.
CHAMPNEYS, B.A., Architect. Containing about 200 pages,
with over 100 Illustrations of Modern Examples and Fittings
from Photographs and Drawings. Imperial 8vo, 12s. 60?. net.
THE PRINCIPLES OF PLANNING BUILDINGS. An
Analytical Treatise for the Use of Architects and others.
By PERCY L. MARKS, Architect. With Notes on the Re-
quirements of Different Classes of Buildings. Illustrated
by 150 Plans, mainly of important modern Buildings.
Third Edition, revised and greatly enlarged with many
additional Plans. Large 8vo, cloth, 12s. net.
" For a single-handed attempt to grapple with such a widely extending subject, the
author has really done very well. Labour he has clearly not stinted, and his success in
arranging his large amount of material is worthy of much praise." — The, Builder.
FARM BUILDINGS : Their Construction and Arrangement.
By A. DUDLEY CLARKE, F.S.I. Third Edition, revised and
enlarged. With 52 full-page and other Illustrations of plans,
elevations, sections, details, &c. Crown 8vo, cloth, 6s. net.
Adopted as the Text-book by the Surveyors' Institution.
" To architects and surveyors, whose lot it may be to plan or modify buildings of the
kind, the volume will be of singular service." — Builder's Journal.
BUILDINGS FOR SMALL HOLDINGS: Materials, Cost
and Methods of Construction. By THOMAS POTTER, Author
of ''Concrete: its Use in Building." With 25 Illustrations.
Crown 8vo, cloth, 3s. net.
" This little book will be welcomed by landowners, estate agents, contractors and
small holders. ... It shows an intimate knowledge of the subject, and will prove a
valuable companion in the work of equipping and managing small holdings." — The Field.
12
RESIDENTIAL FLATS OF ALL CLASSES, including
Artisans' Dwellings. A Practical Treatise on their
Planning and Arrangement, together with chapters on their
History, Financial Matters, &c. With numerous Illustrations.
By SYDNEY PERKS, F.R.I.B.A., P.A.S.I. With 226 Illustra-
tions of important Examples by leading Architects in England,
the Continent, and America. Imperial 8vo, cloth, 21s. net.
"Altogether it is a book which is not only unique in architectural literature, but is
one of which every page has a practical tendency."— The Architect.
ARCHITECTURAL SKETCHING AND DRAWING
IN PERSPECTIVE. A progressive series of 36 Plates,
illustrating the Drawing of Architectural Details and Sketch-
ing to Scale ; including chapters on the Plan and Measuring
Point Methods, the Simplification of Perspective by R's
method, and on Figures, Foliage, &c. By H. W. ROBERTS,
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THE PRINCIPLES OF ARCHITECTURAL PER-
SPECTIVE, with chapters on Isometric Drawing and the
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A.R.LB.A. Illustrated with 51 Diagrams, and 9 full-page and
folding Plates. Demy 8vo, cloth, 2s. 60?. net.
ALPHABETS OLD AND NEW. Containing 200 com-
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similes of Ancient Dates, &c., with an Introductory Essay.
By LEWIS F. DAY. Third Edition, revised and rearranged,
with many new examples. Large crown 8vo, cloth, 5s. net.
" Everyone who employs practical lettering will be grateful for ' Alphabets Old and
New.' Mr. Day has written a scholarly and pithy introduction, arid contributes some
beautiful alphabets of his own design."— The Art Journal.
A HANDBOOK OF ORNAMENT. With 300 Plates,
containing about 3,000 Illustrations of the Elements and the
application of Decoration to Objects. By F. S. MEYER. Third
Edition, revised. Thick 8vo, cloth, 12s. 60?.
"A Library, a Museum, an Encyclopaedia, and an Art School in one. The work is
practically an epitome of a hundred Works on Design." — The Siudio.
MODERN CABINETWORK, FURNITURE, AND
FITMENTS. By PERCY A. WELLS, Head of Cabinet
Department, L.C.C. Shoreditch Technical Institute, and
JOHN HOOPER. Containing 400 pages, with over 1,000 practical
workshop drawings, photographs and original designs. 4to,
cloth, 12s. 6d. net.
13
HANDCRAFT IN WOOD AND METAL. A Handbook
of Training in the Practical Working of these Materials. For
the use of Teachers, Students, Craftsmen, and others. By
JOHN HOOPER, late Lecturer and Technical Instructor to the
L.C.C., joint Author of "Modern Cabinet Work," and ALFRED
J. SHIRLEY, Technical Instructor and Lecturer on Metalwork to
the L.C.C. With 300 Illustrations. Large 8vo, 7s. Qd. net.
This volume has been prepared with special reference to Courses for
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Decorative Objects, with practical notes on their preparation, besides
Chapters on the Historic Development of Tool-Forms, and on Decorative
Processes, Drawing, Lettering, Perspective, Materials, Tools, &c.
THE STYLES OF ORNAMENT. From Prehistoric Times
to the Middle of the XlXth Century. A Series of 3,500
Examples arranged in Historical Order, with Descriptive Text.
By ALEXANDER SPELTZ, Architect. Revised and Edited by
R. PHENE SPIERS, F.S.A., F.R.I. B.A. Containing 650 pages,
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This volume forms a veritable Encyclopaedia of the Evolution, Develop-
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throughout the ages, and will be found of great value to the architect,
draftsman, designer, and student.
THE ESSENTIALS OF A COUNTRY HOUSE. By
R. A. BRIGGS, F.R.I.B.A., Architect. Containing 218 pages
and 71 Illustrations from Photographs and Drawings
of views of Houses of varying size erected from the
Author's designs. The Illustrations include Exteriors and
Gardens, and in addition Interior Views of Rooms and Plans
to a good scale. Large 8vo, cloth, gilt, 7s. Qd. net.
"Mr. Briggs treats of every kind of arrangement and structural feature in a popular
and explanatory style, and discusses with the reader with the utmost candour the best
way of realising legitimate ideals.'' — The Morning Post.
BUNGALOWS AND COUNTRY RESIDENCES. By
R. A. BRIGGS, F.R.I.B.A. Fifth and Enlarged Edition, con-
taining 47 Plates, with descriptions, and notes of cost of
each house. Demy 4to, cloth, gilt, 12s. 6d
MODERN COTTAGE ARCHITECTURE, illustrated
from Works of well-known Architects. Selected
and described by MAURICE B. ADAMS, F.R.I.B.A. Containing
127 Illustrations from Photographs, Perspective Views and
Plans of the best types of English Country Cottages. Second
Edition, much enlarged. 4to, cloth, 10s. net.
14
ENGLISH HOUSE DESIGN : A Review. Being a
Selection and Brief Analysis of the best achievements in
English Domestic Architecture from the XVIth to the
XXth Centuries, with numerous examples of Contemporary
Design. By ERNEST WILLMOTT, F.R.I.B.A. Containing 240
pages, with 150 Illustrations, chiefly full-page, from Photo-
graphs; also Plans and Views from Drawings, &c. Large
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"ENGLISH HOUSE BESTOW is the finest exposition that I have seen, within small
limits, of the theory and practice of building. The qualities of site, proportion, decora-
tion and rhythm are treated admirably. The historical part is good. The pictures are
numerous and excellent, and illustrate the work of more than thirty architects. If only
the public would assimilate the ideas of this book, a hideous or inconvenient house would
be a cuiiosity rather than a commcn-place.'' — T. P.'s Weekly.
MODERN SUBURBAN HOUSES. A Series of Examples
erected at Hampstead, Bickley, and in Surrey, from designs
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ENGLISH SHOP FRONTS, OLD AND NEW. A
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WILLMOTT, A.R.I.B.A. Containing 52 full-page Plates and
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HOUSES FOR THE WORKING CLASSES. Comprising
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of two- and three-storey dwellings, adapted to be built in
pairs, groups or terraces, and varying in cost from about
£150 to £400. By S. W. CRANFIELD and H. I. POTTER,
AA.R.I.B.A. Second Edition. 4to, cloth, gilt, £1 Is. net.
THE DEVELOPMENT OF BUILDING ESTATES. A
Practical Handbook for the use of Surveyors, Agents,
Landowners, and others interested in Building Estates. By
TOM BRIGHT, Fellow of, and Hon. Examiner to, the
Auctioneers' Institute. With Plans and Illustrations by T.
SPENCER BRIGHT, P.A.S.I. Containing 338 pages of Text and
26 Practical Illustrations. Crown 8vo, cloth, 7s. 6d. net.
" The authors show a most complete knowledge of their subject, which they treat in
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largely drawn from actual cases."— The Builder.
15
A HISTORY OF ARCHITECTURE ON THE COM-
PARATIVE METHOD for the Student, Craftsman,
and Amateur. By BANISTER FLETCHER, F.R.I.B.A., late
Professor of Architecture in King's College, London, and
BANISTER F. FLETCHER, F.R.I.B.A. Containing 800 pp.,
with 300 full-page Plates, reproduced from photographs of
Buildings and from specially prepared drawings, comprising
over 2,000 Illustrations. Fifth Edition, thoroughly revised
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" Par excellence the Student's Manual of the History of Architecture."— The Architect.
THE ORDERS OF ARCHITECTURE. Greek, Roman
and Italian. A selection of typical examples from Nor-
mand's Parallels and other Authorities, with notes on the
Origin and Development of the Classic Orders and descrip-
tions of the plates, by R. PHENE SPIERS, F.S.A., F.R.I.B.A.
Fourth Edition, revised and enlarged, containing 27 full-page
Plates. Imperial 4 to, cloth, 10s. Qd.
THE ARCHITECTURE OF THE RENAISSANCE
IN FRANCE. A HISTORY OF THE EVOLUTION OF THE
ARTS OF BUILDING, DECORATION AND GARDEN DESIGN UNDER
CLASSICAL INFLUENCE FROM 1495 TO 1830. By W. H.
WARD, M.A., Architect, A.R.I.B.A., Author of "French
Chateaux and Gardens." Containing over 500 pages, with
465 Illustrations, many being full-page, from Drawings and
Photographs, including 14 Collotype Plates. 2 vols., large
8vo, art linen, gilt, 30s. net.
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aspect of his subject are apparent on every page. "We have, indeed, nothing in English
•which can dispute its position as the authoritative work on French Renaissance art. . . .
The two volumes are admirably illustrated." — Morning Post.
THE ARCHITECTURE OF GREECE AND ROME.
A SKETCH OF ITS HISTORIC DEVELOPMENT. By W. J. ANDERSON,
A.R.I.B.A., and R. PHEN& SPIERS, F.S.A., F.R.I.B.A. Second
Edition, revised and in part re-written. Containing 300
pages of text, and 185 Illustrations from Photographs and
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finely printed in Collotype. Large 8vo, cloth, 18s. net.
THE ARCHITECTURE OF THE RENAISSANCE IN
ITALY. A General View for the Use of Students and
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revised, with additional illustrations. Containing 70 Collotype
and other Plates, and 107 Text Illustrations from Photographs
and Drawings. Large 8vo, cloth, 12s. 6c?. net.
16
A SHORT CRITICAL HISTORY OF ARCHITECTURE.
By H. HEATHCOTE STATHAM, F.R.I.B.A. For the use of
General Keaders, Students, Architects, and Travellers. Con-
taining 570 pages and over 700 Illustrations of the chief
Buildings of all Countries and Periods, reproduced from Photo-
graphs and Drawings, with comparative Chronological Charts,
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"Within the limits of its size and price it is the most valuable handbook that has
appeared in the English language for those who wish t j understand the architecture of
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THE CATHEDRALS OF ENGLAND AND WALES,
By FRANCIS BOND, M.A., Author of "Gothic Architecture in
England," &c. Containing 450 pages, with over 200 new
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and a series of specially drawn Ground Plans reproduced
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GOTHIC ARCHITECTURE IN ENGLAND. An
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" The fullest and most complete illustrated treatise on the subject which has as yet
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THE ENGLISH PARISH CHURCH. An account of the
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ings. 8vo, cloth, gilt. 7s. 6d. net.
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to the study of English churches." — The Observer.
THE GROWTH OF THE ENGLISH HOUSE. A short
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