Section 106.-Action for Penalties to be brought within Six Months. 107.-Recovery and Appropriation of Penalties. 108.-Regulations as to Actions against Persons acting under the Act. 109.-Plaintiff in any Action may be required to give Security for Costs. 110.-Proceedings for Neglect or Evasion of Act limited; and Notice of Action to be given. MISCELLANEOUS. 111.-Liability of Owners and Occupiers for Expenses, &c. under this Act. 112-115.-Service of Notices on Owners and Occupiers. 116.-Service of Notices on Surveyors and Official Referees. 117.-Consents by incapacitated Persons. 118.-Certificates and Awards of Surveyors and Official Referees exempted from Stamp Duty. SCHEDULES. SCHEDULE (A.)-Acts and Parts of Acts repealed. SCHEDULE (B.)-List of Buildings placed under special Supervision, and of those exempted from Supervision. SCHEDULE (C.)— Part I Rules for determining Classes and Rates of Buildings. Part II.-Conditions of Rates of First or Dwelling House Class, and Walls thereof. Part III.-Conditions of Rates of Second or Warehouse Class, and Walls thereof. Part IV.-Rules concerning Buildings of Second or Warehouse Class. Part V.-Rules concerning Third or Public Building Class. SCHEDULE (D.) Part I.-Rules concerning Walls of whatever Kind. Part II.-External Walls. Part III.-Party Walls. Part IV.-Party Walls and Party Arches between intermixed Property. Part V-Buildings over public Ways. SCHEDULE (E.)-Rules concerning External Projections. SCHEDULE (F.)-Rules concerning Chimneys. SCHEDULE (G.)-Rules concerning Roof Coverings. SCHEDULE (H.)--Rules concerning Drains to Buildings. SCHEDULE (I.) - Rules concerning Streets and Alleys. SCHEDULE (K.)-Rules concerning Dwelling Houses. SCHEDULE (M.)— Summary of Proceedings to be taken or cbserved before and after Forms of Notices. 129 APPENDIX. METROPOLITAN BUILDINGS ACT, 7 & 8 VICT. CAP. LXXXIV. An Act for regulating the Construction and the Use of Extension of limits, and amendment of WHEREAS by the several acts mentioned in schedule (A.) to this act, annexed provisions are made for regulating the construction of buildings in the Metropolis, and the neighbourhood thereof, within certain limits therein set forth; but forasmuch as buildings have since been extended in nearly continuous lines or streets far beyond such limits, so that they do not now include all the places to which the law. provisions of such acts, according to the purposes thereof, ought to apply, and moreover such provisions require alteration and amendment, it is expedient to extend such limits, and otherwise to amend such acts: and forasmuch as in Improvement of drainage. many parts of the Metropolis and the neighbourhood thereof the drainage of the houses is so imperfect as to endanger the health of the inhabitants, it is expedient to make provision for facilitating and promoting the improvement of such drainage (a): and forasmuch as by reason of the narrowness Securing a of streets, lanes, and alleys, and the want of a thoroughfare width of in many places, the due ventilation of crowded neighbour- streets, &c. hoods is often impeded, and the health of the inhabitants thereby endangered, and from the close contiguity of the (a) See section 51, and schedule H. K sufficient Improper use of buildings. Regulation of explosive works. deleterious works. opposite houses the risk of accident by fire is extended, it is expedient to make provision with regard to the streets and other ways of the Metropolis for securing a sufficient width thereof (b) and forasmuch as many buildings and parts of buildings unfit for dwellings are used for that purpose, whereby disease is engendered, fostered, and propagated, it is expedient to discourage and prohibit such use thereof (c); and forasmuch as by the carrying on in populous neighbourhoods of certain works, in which materials of an explosive or inflammable kind are used, the risk of accidents arising from such works is much increased, it is expedient to regulate not only the construction of the buildings in which such dangerous works are carried on, but also to provide for the same being carried on in buildings at safe distances from other buildings which are used either for habitation or for Regulation of trade in populous neighbourhoods (d): and forasmuch as by the carrying on of certain works of a noisome kind, or in which deleterious materials are used, or deleterious products are created, the health and comfort of the inhabitants are extensively impaired and endangered, it is expedient to make provision for the adoption of all such expedients as either have been or shall be devised for carrying on such businesses, so as to render them as little noisome or deleterious as possible to the inhabitants of the neighbourhood; and if there be no such expedients, or if such expedients be not available in a sufficient degree, then for the carrying on of such noisome and unwholesome businesses at safer distances from other buildings used for habitation (e): and forasmuch as great diversity of practice has obtained among the officers appointed in pursuance of the said acts to superintend the execution thereof in the several districts to which such acts apply, and the means at present provided for determining the numerous matters in question which constantly arise tend to promote such diversity, to increase the Execution of act, and superintendence thereof. (b) See section 52, and schedule I. (d) Section 54. (e) See sections 55 to 63 inclusive. expense, and to retard the operations of persons engaged in building, it is expedient to make further provision for regulating the office of surveyor of such several districts (ƒ), and to provide for the appointment of officers to superintend the execution of this act throughout all the districts to which it is to apply, and also to determine sundry matters in question incident thereto, as well as to exercise in certain cases, and under certain checks and control, a discretion in the relaxation of the fixed rules, where the strict observance thereof is impracticable, or would defeat the object of this act, or would needlessly affect with injury the course and operation of this branch of business (g). Now for all the several purposes above-mentioned, and for the purpose of consolidating the provisions of the law relating to the construction and the use of buildings in the Metropolis and its neighbourhood, 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, that with regard to this Operation of act generally, so far as relates to the operation thereof in reference to time, it shall come into operation at the following times; (that is to say,) as to the districts and the officers to be appointed in pursuance hereof on the first day of September next, and as to the buildings, streets, and other matters on the first day of January, one thousand eight hundred and forty-five; and that on the said first day of January all the Statutes acts mentioned in the schedule hereunto annexed, except repealed. so far as in the said schedule is provided, shall be and are hereby repealed. act. General Provisions. II. And be it declared, with regard to this act generally, Construction so far as relates to the construction of certain terms and expressions used therein, that the following terms and expressions are intended to have the meanings hereby assigned to them respectively, so far as such meanings are not excluded by the context, or by the nature of the subject matter; (that is to say,) (f) See section 64 to 79 inclusive. (g) Such as the official referees. See sections 79 to 88 inclusive. of terms. Street. Alley. Square. Floor. Story. External wall. Party wall. Already built. The word "street" to include every square, circus, cres- The word "square," as applied to any area of building, to The word "floor" to mean the horizontal platform forming the base of any story, and to include the timber or bricks or any other substance constituting such platform: The word "story" to include the full thickness of such floor, as well as the space between the upper surface of one floor and the under surface of the floor next above it; or if there be no floor then the space between the surface of the ground and the under surface of the floor next above it: The term "external wall" to apply to every outer wall of buildings now built or hereafter to be built, which (excepting the footing thereof on one side) shall stand wholly upon ground of the owner of such buildings, and shall not be used or intended to be used as a party wall under the definition herein-after contained, whether the same shall adjoin or not to other outer or to party walls (h): The term "party wall" to apply to every wall which shall be used, or be built in order to be used, as a separation of two or more buildings with a view to the occupation thereof by different families, or which shall be actually occupied by different families, and also every wall which shall stand upon ground not wholly belonging to the same owner to a greater extent than the projection of its footing on one side: The term "already built," used in reference to buildings, (h) See 2 Adol. & El., N. S. 225, Green v. Eales. |