Before any opening shall be made in any party wall (s); and also Before any other matter or thing shall be done which by this act is placed under the supervision of the surveyor, except as herein-after is provided; It shall be the duty of the builder (by which term is to be understood, both in this provision and elsewhere throughout this act, the master builder or other person employed to execute any work, or if there be no master builder or other person so employed, then the owner of the building *or other person for whom or by whose order such work is to be done,) and he is hereby required to give to the surveyor, at his office, notice in the terms specified in the form (No. 1.) contained in the schedule of notices annexed to this act, or to the like effect; and that if any builder neglect to give such notice, or begin to build, or to do any of the things aforesaid, before such notice, or before the expiration of such period of two days, then in every such case the party offending shall for every such default forfeit and pay to such surveyor treble the amount of the fees which such surveyor would have been entitled to receive for his trouble in inspecting the same, and shall also forfeit for every such default a sum not exceeding twenty pounds (t); and that if for any period exceeding three months any builder, having duly begun any building requiring compliance with the provisions of this act, suspend the progress of such building, and again go on with the same, or if during the progress thereof the builder be changed, then, two days before such builder shall enter upon the performance of the work, it shall be the duty of such builder to give notice to the surveyor, (s) Openings in party walls. Schedule (C.) Part IV. Schedule (D.) Part III. (t) The distinction betwixt penalties and forfeitures incurred generally under the act, and penalties and forfeiture incurred for any default in not complying with the provisions of the act must be noted. In the first case, the limitation of time in proceedings is six months, in the case of default, three months. See sections 106, 110. This is a case of default. See sections 110, and 103, 104, 105. Builders. 201. penalty for neglect to give notice, &c. 201. penalty fresh notices. for not giving Builders. and such notices must be in the terms specified in the forms (Nos. 2 and 3) contained in the schedule of notices annexed to this act, or to the like effect, and must be given to the surveyor, or left at the surveyor's office, in like manner as is required upon beginning any new building, and that if any builder make default or neglect to give or leave such notice he shall forfeit for every such offence a sum not exceeding twenty pounds (u); and that if any such building, chimney, or wall be begun to be built, pulled down, rebuilt, cut into, or altered as aforesaid, or be proceeded with after any suspension of the progress thereof before such notice has been given; or if such surveyor or the official referees be refused admit surveyor. admittance to inspect the same premises, then such building Penalty for beginning without notice; or refusal to Emergency. Buildings generally. Supervision of works. Notice of irregularities to builders and others. or work shall be liable to be abated as a nuisance under the provisions herein contained: provided always, that if by reason of any emergency any act, matter, or thing placed under the supervision of the surveyor be required to be done immediately, or before notice can be given to the surveyor, then it shall be lawful for the builder or any person to do such act, matter, or thing so requisite, but upon this condition, that within forty-eight hours after beginning to execute such work notice thereof be given to the surveyor (x). XIV. And be it enacted, with regard to such buildings and works, so far as relates to the supervision thereof, that if in building, pulling down, rebuilding, cutting into or altering any part of any building, or party wall or external wall, or chimney stack or flue, drains, cesspools, or any work or other thing be done contrary to or not conformably with the rules and directions of this act, then forthwith it shall be the duty of the surveyor, and he is hereby required to give forty-eight hours' notice, according to the form (No. 4) in the schedules of notices, or to the like effect, to the builder, (u) Section 110, and 103, 104, 105. (x) So that if the builder were to neglect the forty-eight hours' notice, he would be liable to a penalty under the previous provisions. As the clause stands, however, it might be made a question, whether he could be so punished, or only proceeded against by indictment for disobedience to the act of Parliament. Buildings generally. works. works. foreman, or principal workman on the premises, to amend any such irregularity which he shall deem to have been committed, and forthwith after the expiration of such notice to proceed to inspect the work (y); and that if the work be To cut into so far advanced that he cannot ascertain whether the irregularity has been committed or not, or exists or not, then it shall be lawful for him, and he is hereby empowered to order any work to be cut into, laid open, or pulled down, which shall, in his opinion prevent his ascertaining whether any such irregularity exists or not; and that if within forty-eight Amendment of hours the builder to whom any such notice shall have been given refuse or fail to amend any irregular work, or if any such builder, when ordered by the surveyor, refuse to cut into, lay open, or pull down any work which shall in his opinion prevent his ascertaining whether such irregular work exists or not, then, as soon as conveniently shall be, it shall be the duty of the surveyor to give information thereof to the official referees; and that upon the receipt of such Proceeding thereon by information it shall be the duty of such official referees and official referees. they are hereby required to proceed to hear the matter, and if any breach of the rules, regulations and directions of this act be found to have been committed, or if there appear good reason to suppose any such breach has been committed and is concealed, then it shall be lawful for the official referees, and they are hereby authorized, to direct by their award (z), that such building, party wall, external wall, chimney stack, flue, or other thing, or such part thereof as they shall deem necessary, shall be amended, removed, cut into, laid open, or pulled down; and that all the costs, charges, and expenses Costs. of the said work, and of the said application to the official referees, shall be borne by such party or parties as the official referees shall determine. XV. And now, for the purpose of making provision for the supervision of buildings of the first rate of the second or warehouse class, and of all buildings of the third or public Special super vision of firstrate buildings, of second class and of buildings of third (y) For which a fee not exceeding 27. seems to be payable. See class. Schedule L. See section 77. (2) See section 83. L Buildings generally. cial referees. Survey. Approval. Disapproval. building class (except the buildings herein-before excepted), be it enacted, with regard to every such building, so far as relates to the special supervision thereof, that when all the walls of any such building shall have been built to their full height, and all the timbers of the floors, roofs, and partitions Notice to offi- shall have been fixed, it shall be the duty of the architect or builder and he is hereby required to give notice thereof to the official referees, according to the form (No. 6) in the schedule of notices, or to the like effect; and if the official referees be of opinion that such building is subject to the special supervision herein provided, then within seven days after such notice it shall be their duty to survey the said building; and that if they approve of the same, then within seven days after such survey to certify such approval, under their hands, to the architect or builder; or that if any part of the walls, timbers, roof, or internal supports appear to such official referees defective, insufficient, or insecure, then within the said seven days after such survey they are hereby required to give to such architect or builder notice of such parts as shall so appear to them defective, insufficient, or inAmendment of secure, which notice must be in writing; and that upon the receipt of such notice it shall be the duty of the said architect or builder and he is hereby required to amend and strengthen such defective, insufficient, or insecure parts; and that during or within a period of seven days after notice has been given to the official referees that such works have been amended or strengthened as aforesaid, it shall be the duty of the official referees and they are hereby required to inspect the same, or in default thereof the said parts may be Notice of com- covered up; and that upon completion of every such buildpletion. ing it shall be the duty of the architect or builder to give fresh notice to the official referees, according to the form (No. 7) in the schedule of notices, or to the like effect; and that thereupon, or within seven days after such notice, it shall be the duty of the official referees to survey the same; and that if upon such survey it shall appear that such building has been built sufficiently strong, and is sufficiently set to be safe, then within fourteen days after such survey it shall be their duty and they are hereby required to certify defects. New survey. Certificate. use. Buildings generally. accordingly, which certificate must be under their hands and the seal of office of registrar of Metropolitan buildings; and that, until such certificate shall have been made, or until Prohibition of fourteen days after such survey shall have elapsed without the official referees having given notice in writing that they are not satisfied, it shall not be lawful to use such building for any purpose whatever without the express authority in writing of the official referees under their hands and the seal of office of the registrar of Metropolitan buildings; and Penalty. that if before the certificate of satisfaction shall have been made, or if (a) such further fourteen days as aforesaid shall have elapsed without due notice being given in writing as aforesaid, any such building subject to special supervision shall be used for any purpose without such express authority in writing, then, on conviction thereof before two justices of the peace, the occupier of such building, or other the person by whom such building shall be so used, shall forfeit for such offence a sum not exceeding two hundred pounds for every day during which such building shall be so used without having obtained such certificate of satisfaction, or such express authority as aforesaid (b); and that, in determining Justices to the amount of any such penalty, it shall be the duty of the consider cirjustices and they are hereby directed to have regard to the size and character of the building, and to the nature and extent of danger involved in the use of such building, and to the amount of profit which might be derived from such use thereof. cumstances. Special supervision of buildings in schedule (B.) Part I. XVI. And be it enacted, with regard to the buildings comprised in schedule (B.) part I. to this act annexed, so far as relates to the supervision thereof, that before the builder begin to build the same it shall be the duty of the architect or the builder and he is hereby required to give notice thereof to the official referees, and also, at the same time, to transmit for their inspection the plans, elevations, and other drawings which have been made for the same; and that Survey by offi (a) Here the word "until" has been omitted. cial referees. |