APPENDIX. METROPOLITAN BUILDINGS ACT. Section CONTENTS. GENERAL PROVISIONS. 1.-Commencement of Act, and Repeal of existing Statutes 3. Localities in which the Act is to operate REGULATION OF BUILDINGS, NEW AND OLD. 5.-All Buildings hereafter to be built (except those set forth in the 7.-All exempted Buildings specified in Schedule (B.) to be under 8.-Buildings not coming within any Class or Rate to be subject to Directions of Surveyor and Official Referees 9.-Building Contracts to be fulfilled in conformity with the Requirements of this Act, and any Differences as to Expense to be decided by the Surveyor, or, on Appeal, by the Official Referees 10.-Building Leases to be fulfilled as if made under this Act; and Official Referees to determine any Loss occasioned thereby, and to award Compensation 11.-Commissioners of Works and Buildings empowered to modify Rules generally on Report by the Official Referees 12. Further Power given to Official Referees, and Commissioners to consent to Modification of Rules as to rebuilding existing Buildings on the same Site BUILDERS. 13. Two Days' Notice of certain Operations to be given by Builders to Surveyors, subject to a Penalty of 201. for Neglect. If Building begun without Notice, or Inspection denied, such Building to be deemed a Nuisance. Proviso for Emergency BUILDINGS GENERALLY. 14. Surveyor to give 48 Hours' Notice to Builders and others as to Irregularities in Works, and if necessary cut into the Works. 127 Section If Amendment be not made within 48 Hours, to inform the stances 15.-Provides for the special Supervision of Buildings of the First Rate of the Second Class, and of Buildings of the Third Class; if such Buildings be used before being certified, the Owner or Occupier subject to a Penalty of 2001. per Day; but the Justices to consider the Circumstances of such Use 16.-Provides for the special Supervision of exempted Buildings, and that the Use of such Buildings shall incur a Penalty of 100. per Day, but the Justices to consider the Circumstances of such Use 17. The Surveyor and Official Referees may enter upon Premises where Operations have been commenced, for the Purpose of inspecting the same during working Hours; Parties refusing Entry to be liable to a Penalty of 201., and forcible Entry may be made 18.-All Buildings not according to the Act to be deemed a Nuisance, and Proceedings to be taken by the Surveyor for the Removal thereof 19.-Workmen and others offending against the Rules and Directions of the Act to forfeit 50s. or be imprisoned One Month PARTY WALLS, PARTY FENCES, AND INTERMIXED BUILDINGS. 20.—What Works may be executed on adjoining Properties by Building Owners and adjoining Owners 21.-If Building Owner do not obtain Consent of adjoining Owner, he must give him Notice before commencing to pull down, &c. . 22.-If the adjoining Owner desire the Modification of the Work to render it suitable to his Premises, Notice thereof to be given, or Application made to Official Referees 23.-Delay of Work for Convenience of adjoining Owner to be obtained in like Manner 24-Where Consent of adjoining Owner cannot be obtained, Notice to be given to the Surveyor and Official Referees, and Proceedings thereon by the Surveyor 25.-Defective Party Structures to be repaired and rebuilt at joint Expense 26.-Party Walls may be rebuilt at the Expense of the Building Owner on Three Months' Notice 27.-A Building Owner rebuilding of a higher Rate, without pulling down the existing Party Wall, to erect an external Wall against such Party Wall 28.-Damage arising from Erection of such external Wall to be made good by Building Owner; and Footings in Chimneys may be cut into after One Month's Notice, but must be again made good 29.-If Damage appear to adjoining Owner to render the Wall ruinous or dangerous, the Surveyor or Official Referees to survey and determine as to rebuilding thereof 30.-Rebuilding of sound Party Walls under certain Circumstances 31.-As to the raising of future and existing Buildings and Chimneys, and the Use of any raised Building by the adjoining Owner 32.-Party Fence Walls to be repaired, &c., on giving One Month's Notice, or rebuilt as a Party Wall, on Payment of all Expenses, and for the Damages to adjoining Premises. Reimbursement of Expense, if afterwards used by adjoining Owner; Section and Application to Official Referees for Erection of a Screen 33.-If Buildings be rebuilt, or One Fourth of the Front or One Story thereof pulled down, the Building Owner to build a 34.-Intermixed Buildings to be pulled down in certain Cases. 35.-The Division Walls of the Chambers of the Inns of Court adjoining Staircases to be deemed Party Walls. 36.-Building Owner may enter adjoining Premises to execute Works duly authorized; if hindered, may break open the Premises; and Party obstructing liable to a Penalty of 101. 37.-Openings in external Walls abutting on other Premises, if made without Consent, to be stopped within One Month, at the Cost of the Party making such Openings; and Costs, in case of Dispute, to be settled by Official Referees. 38.-Party Walls, &c. to be built next vacant Ground, to be notified One Month to the adjoining Owner, to enable him to consent; if he do not consent the same shall be erected entirely on Builders Ground, except as to Footings. 39.-Chimney Breasts, &c. in a new Party Wall to be built for the adjoining Owner, at his Expense, if Instructions given in due RUINOUS BUILDINGS. 40. The repairing or pulling down of ruinous Buildings to be effected by the Lord Mayor or Overseers, as directed by the Official Referees, on Certificate of Surveyor. 41.-The Materials to be sold to pay the Costs; Surplus to be paid to Owner of the Building, and any Dispute to be referred to Official Referees; if no Demand, Surplus to be paid to City of London or added to Poor Rates of other Places. 42.-If a Deficiency of Funds, the Balance to be paid by Owner or Occupier, or levied by Distress; but Occupier may deduct 43.-Ruinous Chimnies, Roofs, &c to be repaired by Occupier within Thirty-six Hours after Notice by Surveyor, or to be taken down or secured as a Justice may direct. 44.-Damage caused by the falling of any Chimney, &c. to be com- pensated by the Owner of the Buildings from which it fell. 45.-Powers and Authorities of the Mayor and Aldermen of London, EXPENSES OF WORKS. 46.-Reimbursement of Expenses of Works in certain Cases of adjoin- 47.-For Recovery of Expenses of Buildings on Account to be deli- vered, subject to Appeal, to the Official Referees, and to be amended if Disapproval certified by them. 48.-Occupier paying such Expenses to deduct the Amount out of 49.-Owner first liable for Expenses incurred in respect of any Building held under Lease, &c. heretofore made, to recover * Section 50.-The Official Referees empowered to determine the proportional Contributions to be paid by Part Owners, and Expenses to be recovered in Terms of the Award. DRAINAGE OF HOUSES. 51.-Drains to be made according to Schedule (H.); saving the Rights and Powers of the Commissioners of Sewers. STREETS AND ALLEYS. 52-Width thereof to be according to the Rules in Schedule (I.) BUILDINGS, USE THEREOF. 53.-Rooms or Cellars in Buildings of the Dwelling House Class, unless made conformably to Schedule (K.), not to be used or occupied (except as Ware-rooms or Store-rooms), under a Penalty of 20s. per Day. 54. Business dangerous as to Fire not to be nearer other Buildings than 50 Feet; new Businesses to be 40 Feet from public Ways. Businesses at less Distances prohibited after 20 Years. Penalty 501. for erecting Buildings, and 507. per Day for carrying on Businesses, contrary to Act. Imprisonment for Six Months if Penalty not paid. 55.-Businesses dangerous as to Health to be made subject to like Regulations; but to be discontinued after 30 Years. 56.-Justices may ascertain the Means used to mitigate the Noxiousness of Businesses, and to lessen Penalty accordingly; and may suspend Execution if other Means of Mitigation be adopted. 57.-Appeal to Quarter Sessions as to Conviction of Justices in respect of certain Trades not specified. 58. Trial by Jury and Proceedings at Quarter Sessions. 59.-Appeals to Quarter Sessions for Surrey and Kent in respect to Convictions for carrying on certain Trades. 60.-Common Law and Statutory Remedies in respect of such Trades not affected. 61. Trades deemed Nuisances removable by Purchase, on Memorial by Two Thirds of Inhabitants, and Order in Council thereon. Trades so purchased not to be carried on after Payment or Tender of Compensation. 62.-Funds for defraying such Compensation. 63.-Public Gas Works, and certain Buildings under the Excise Survey, exempted from the Operation of the above Provisions. SURVEYORS, THEIR DISTRICTS AND DUTIES. 64.-Lord Mayor and Aldermen of London, and Justices in Quarter Sessions for other Parts, may appoint, &c. Districts for Purposes of Act. 65.-And may appoint Surveyors for such Districts. 66.-Qualifications of Surveyors to be ascertained by Examiners appointed by Commissioners of Works, &c. Certificate of Examination to be produced by Candidates One Week before Election. 67.-Surveyors to hold Office during Pleasure. 68.-Functions generally of Surveyors. 69.--Disqualification of Surveyors. 70.-Present Surveyors continued in Office subject to Act.. Section 71.-Declaration of Surveyors. Penalty for acting before making Declaration. 72.- Regulation as to official Duties, &c. of Surveyors. 75.-If District of any Surveyor appears to the Official Referee to be too large, Assistant Surveyors may be appointed. 76.-Surveyor not to survey any Building built, &c. under his professional Superintendence. 77.-Fees of Surveyors how to be paid. 78.-Returns of Works to be made by Surveyors to Registrar of Metropolitan Buildings. 79.-Penalty for Extortion, Negligence, or Unfaithfulness in his Duties. OFFICIAL REFEREES. 80.-Appointment of Official Referees; but no Referee to act as a Surveyor. 81, 82.-Functions and Jurisdiction of Official Referees. 83. To exercise Powers of Arbitrators. 84.-As to Revocation of Authority of Official Referees. 85.-Official Referees may take Evidence on Oath, and require the Production of Documents. 86. Their Award to be received as Evidence. 87. Declaration of Official Referees. 88.-Regulation of Business of Official Referees. REGISTRAR OF METROPOLITAN BUILDINGS. 89.-Commissioners of Works and Buildings to appoint Registrar of Metropolitan Buildings. 91.-Registrar to have Custody and Inspection of Records of Official Referees. 92.-Commissioners of Works and Buildings to appoint Place of Business for Registrar. 93.-As to the Registration of Awards and Documents. 94. Remuneration of Official Referees and Registrar. 95.-Disqualification of Official Referees and Registrar. 96, 97.-Funds for defraying the Expenses of Official Referee and Registrar. 98.- Appointment and Application of Fees. Table of Fees to be hung up in Office. OFFICERS GENERALLY. 99.-Appointments of Officers subject to Regulation by any future Act. LEGAL PROCEEDINGS. 100.-Informalities in Proceedings for Distress not to affect Proceedings. 101.-Tender of Amends before Action; Payment of Compensation into Court. 102.-Recovery of Money under Awards. 103.-Prosecution of Offences. 104.-No Appeal allowed (except as to Trades or Businesses offensive or dangerous). 105.-Appeal from Convictions for Penalties to be made within Four Months. |