London Building Acts (Amendment) Act 1939

7/30/2019 London Building Acts (Amendment) Act 1939

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2 & 3 GEO. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939.

CHAPTER xcvii.An Act to amend the enactments relating tostreets buildings and structures in London.[4th August 1939.]WHEREAS by the London Building Act 1930 the 20 & 21enactments relating to streets and buildings in Gee. 5.London were consolidated: C. clviii.

And whereas by the London Building Act (Amend- 25 & 26ment) Act 1935 provision was made inter alia for the Geo. 5.regulation and control by means of byelaws of certainmatters relating to the construction of buildings andstructures and for such byelaws to operate fn substitutionfor cei'tain provisions of the said Act of 1930:And whereas it is expedient that further provisionsof the said Act of 1930 should be amended and that otherprovisions thereof should be repealed and re-enacted:And whereas it is expedient that the other provisionscontained in this Act should be enactedAnd wheTeas the objects aforesaid cannot be attainedwithout the authority of Parliament:May it therefore please Your Majesty that it maybe enacted and be it enacted by the King's mostExcellent Majesty by and with the advice and consentof the Lords Spiritual and Temporal and Commons in

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Oh. xcvii, London Building 2 & 3 GEO. 6.(Amendment) Act, 1939.this present Parliament assembled and by the authorityof the same as follows (that is tq say)

I.INTRODUCTORY.

Short title 1. This Act may be cited as the London Buildingconstruction Acts (Amendment) Act 1939 and shall be read andand citation, construed as one with the London Building Acts 1930 and1935 and may be cited with those Acts as the LondonBuilding Acts 1930 to 1939.Division of 2. This Act is divided into Parts as follows :Act Ulto Part 1.Introductory.Part 11.Naming and numbering of streetsbuildings &c.

Part 111.Construction of buildings. Part IV.Special and temporary buildingsand structures.Part V.Means of escape in of fire.Part VI.Rights &c. of building and adjoin-ing owners.

Part VII.Dangerous and neglected structures.Part signs.Part IX.Superintending architect districtsurveyors and fees.Part X.Byelaws.Part XI.Legal proceedings.Part XII.Miscellaneous.

Commence. 3. This Act shall come into operation on the firstment ofAct. day of January nineteen hundred and forty.Interpreta. 4.(1) In this Act save as is otherwise expresslytion. provided therein and unless the context otherwiserequires the following expressions have the meaningshereby respectively assigned to them"Act of 1930" means the London Building Act1930;"Act of 1935" means the London Building Act(Amendment) Act 1935;

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2 & 3 GEO. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939."builder" means the person who is employed to PART I.build or to execute work to in or upon a buildingor structure or where no person is so employedthe owner of the building or structure;

"cubical extent" in relation to the measurement ofa building means the space contained withinthe external surfaces of its walls and roof andthe upper surface of the floor of its loweststorey but excluding any space within anyenclosure on the roof of the building usedexclusively for accommodating a water tank orlift gear or any like apparatus:Provided that where a building on one ormore of its sides is not enclosed by a wall orwalls the building where unenclosed shall bedeemed to be enclosed by walls with theexternal surface thereof in a vertical planeextending downwards from the outer edge ofthe roof;"district surveyor" means any person appointedor deemed to be appointed under Act tothe office of district surveyor and includes anyperson who under this Act is appointed to actas the deputy to any district surveyor soappointed or to act temporarijy as a districtsurveyor in respect of the time during whichhe so acts;"domestic building" includes a dwelling-house andany other building not being either a publicbuilding or a building of the warehouse. classand for the purposes of Part V (Open spacesabout buildings and height of buildings) of theAct of 1930 includes also a building (whether apublic building or not) which is used wholly orpartly as an hotel or hospital or as a schoolcollege or other place of instruction;"existing district surveyor" means a person who atthe commencement of this Act holds the officeof district surveyor;"functions" includes powers and duties;"height" in relation to any building means themeasurement taken at the centre of the face ofthe building from the level of the footway

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Ch. xcvii. London Building Acts 2 & 3 GEo. 6.(Amendment) Act, 1939.PAnT I. immediately in front of such face or where- therecont. is no such footway from the level of the groundbefore excavation to the level of the top of theparapet or where there is no parapet to thelevel of the top of the external wall or in thecase of a gabled building to the level of thebase of the gable;"inhabited" in relation to any room means thatthe room is one in which some person passesthe night or which is used as a living room

or with respect to which there is a presumptionuntil the contrary is shown some personpasses the night therein or that it is used as aliving room;"London Building Acts" means the Act of 1930the Act of 1935 and this Act;"metropolitan borough council" in relation to anybuilding structure place land or thing or anyproposed building structure or thing meansthe council of the metropolitan borough withinwhich the building structure place land orthing is or the proposed building structure orthing will be;"noxious business" means any business which is

26 Geo. 5. & referred to in section 140 of the Public Health1 Edw. 8. (London) Act 1936 or is in pursuance of that0. 50. section declared to be an. offensive businessbut does not include the business of soapboiler tallow melter knacker feilmonger tripeboiler or slaughterer of cattle or horses;"occupier" (except in Part V (Means of escapein case of fire) of this Act) does not includea lodger and the expressions "occupy" and"occupation " shall be construed accordingly;

"party fence wall" means a wall (not being partof a building) which stands on lands of differentowners and is used or constructed to be usedfor separating such adjoining lands but doesnot include a wall constructed on the land ofone owner the artificially formed support ofwhich projects into the land of another owner;"party structure" means a party wall and alsoa floor partition or other structure separating4


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2 & 3 Gino. 6. London Buildings Acts Oh. xcvii.(Amendment) Act, 1939.buildings or parts of buildings approached PART I.solely by separate staircases or separateentrances from without"party wall" (except in Part VI (Rights &c. ofbuilding and adjoining owners) of this Act)means so much of a wall which forms part ofa building as is used or constructed to be usedfor separating adjoining buildings belongingto different owners or occupied or constructedor adapted to be occupied by different personstogether with the remainder (if any) of the wallvertically above such before-mentioned portionof the wall;"public building" means

(a) a building used wholly or partly as achurch chapel or other place of public worship(not being a dweffing-house so used) or asa public assistance institution or publiclibrary or as a place for public entertainmentspublic balls public dances public lectures orpublic exhibitions or otherwise as a place ofpublic assembly; or(b) a building of a cubical extent exceeding

two hundred and fifty thousand cubic feetwhich is used wholly or partly as an hotel orhospital or as a school college or other placeof instruction;and includes the buildings and premises of theStock Exchange within the city;"railway company" includes the London PassengerTransport Board in respect of the railwayundertaking of that board and also includesany statutory committee of railway companies;"superintending architect" means the personappointed under the London Building Acts asthe superintending architect of metropolitanbuildings for the time being and includes anyperson duly appointed as deputy to the super-intending architect in respect of the timeduring which he so acts;"tribunal of appeal" means the tribunal of appealconstituted in accordance with the provisions ofthis Act;

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Ch. xcvii. London Building Act8 2 & 3 GE0. 6.(Amendment) Act, 1939.I. (2) The definitions assigned by section 5 (Definitions)of the Act of 1930 to the following terms being termswhich are defined in subsection (1) of this section namely"bi.iilder" "cubical extent" "district surveyor""domestic building" "height" "inhabited" "noxiousbusiness" "occupier" "party fence wall" "partystructure" "party wall" "public building""superintending architect" and "tribunal of appeal"and the definitions assigned by the said section 5 tothe terms "base" "bressummer" "certified building"

" cross wall" "fire-resisting materials" "first storey""foundation" "girder" "high building" "pifiar"and "upper storey" shall cease to have effect exceptas regards anything done or begun or any proceedinginstituted before the commencement of this Act.(3) Any reference in this Act to byelaws made inpursuance of the London Building Acts shall be con-strued as including a reference to byelaws made or havingeffect as. if made in pursuance of any of those Acts.(4) reference in the London Building Actsto any enactment shall be construed as a reference to thatenactment as applied extended amended or varied by or

by virtue of any subsequent enactment including this Act.PART II.

AND OF STREETS BUILDLNGS &C.Giving of 5. Subject to the provisions of section 6 (Assigningnames to of names to streets &c.) of this Act a name shall not bestreets &C. given to a street way place row of houses or block ofbuildings

(a) unless at least one month's notice of the intendedname has been given to the Council;(b) if the Council within one month of the giving of

such notice have given notice to the person .bywhom such first-mentioned notice was givenstating that they object to the intended name;and it shall not be lawful to set up any name as thename of any street way place row of houses, or block ofbuildings until the expiration of one mouth after receiptby the Council of the notice referred to in paragraph (a)of this section or to set up any name objected to asaforesaid.6


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2 & 3 Gio. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939.6.(1) The Council may by order assign any name PART ILwhich they think fit to any street way place row ofhouses or block of buildings whether or not in substitution offor a name already given or assigned.(2) Before making an order under this section theCouncil shall give notice of their intention of so doing tothe local authority and shall also at their option eithercause notice of their intention to be posted in someconspicuous position in the street way or place oradjacent to the row of houses or block of buildings asthe case may be or give notice of their intention bycircular delivered at every building situate in the streetway or place or forming part of the row of houses orblock of buildings as the case may be.(3) Every such notice shall state the manner inwhich and the time (being not less than one month afterthe date of the notice) within which objections to theintended order may be sent to the Council and theCouncil shall before making the order consider anyobjection so sent to them and may if they think fithaving regard to any such objection amend any namewhich they have proposed to assign.7, The Council shall inform the local authority Notification

(a.) of the intended name of a street way place asrow of houses or block of buildings of which to names ofthey have under section 5 (Giving of names streets &c.to streets &c.) of this Act received notice ifon the expiration of one month they havenot given notice under that section ofobjection to that name; and(b) of any name which they have under section 6(Assigning of names to streets &c.) of thisAct by order assigned to any street way placerow of houses or block of buildings.

8.( 1) Subject to the provisions of this section the Setting uplocal authority shall cause the name lawfully given or of names ofassigned to every street way place row of houses or block streets &c.of buildings to be set up and kept set up in accordancewith any regulations made in pursuance of section 9(Regulations as to setting up of names of streets &c.)of this Act.7


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Cb. xcvii. London Building Acts 2 & 3 GEO. 6.(Amendment) Act, 1939.PARr IL (2) Where a name has been given or an order hasbeen made assigning a name to a block of buildings inpursuance of this Part of this Act the local authorityshall give notice to the owner of the block of buildingsrequiring him to set up in accordance with regulations asaforesaid the name so given or ordered and in the caseof an order assigning a name to the block of buildings insubstitutiOn for a name already given or assigned toremove within such time as may be specified in thenotice any name of the block of buildings which differsfrom that mentioned in the order..

(3) Whenever the marking of a name lawfully givenor assigned to a block of buildings is destroyed pulleddown defaced obliterated or obscured the owner of theblock of buildings shall within the time specified in anotice from the local authority requiring him so to dorenew the marking in accordance with regulations asaforesaid.(4) If any notice by a local authority in pursuanceof this section is not complied with the local authorityshall cause the name of the block of buildings to beset up or renewed in accordance with regulations asaforesaid and any name of the block of buildings which

differs from that mentioned in the order to be removed.Regulations 9. The Council shall make regulations with respectas to setting to the setting up of the names of streets ways placesup of rows of houses or blocks of buildings and matters innames of connection therewith and without prejudice to thestreets &C. generality of the foregoing provision such regulationsmay provide for the name to be placed on part of abuilding or structure and in such position thereon asmay be prescribed by the regulations.Wrongful 10. No person shallsetting up of (a) set up in or on any street way place row ofhouses or block of buildings as the case may

be any name thereof different from the namelawfully given or assigned thereto;(b) set up in or on any street way place rOw ofhouses or block of buildings .the name thereofexcept in accordance with any regulationsmade in pursuance of section 9 (Regulationsas to setting up of names of streets &c,) ofthis Act;

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2 & 3 GEO. 6. London B'uilding Acts Ch. xcvii.(Amendment) Act, 1939.

(c) place or affix any notice or advertisement PAaT II.within twelve inches of any marking of thename of a street way place row of houses orblock of buildings lawfully set up;(d) otherwise than for the purpose of renewingthe same destroy pull down deface obliterateor obscure or permit or suffer to be destroyedpulled down defaced obliterated or obscuredany marking of the name of a street wayplace row of houses or block of buildingslawfully set up:

Provided that paragraph (ci) of this section shallnot apply where the marking is destroyed pulled downdefaced obliterated or obscured in connection with thedemolition alteration or erection of a building orstructure or any part thereof if notice of the intentionso to do is given to the local authority not less thanthree days before the marking is destroyed pulled downdefaced obliterated or obscured.11 .(1) The Council may order that any buildings Numberingin any street way place row of houses or block or naming ofof buildings shall for the purpose of distinguishing butldmgs.

them be marked (whether already marked by a numberor name or not) with such numbers or names or numbersand names as may be specified in the order or shownupon a plan referred to in the order and that anyexisting numbers or names which differ from thosespecified in the order shall be abolished.(2) For the purpose of subsection (1) of this sectiona number followed by a letter or a fraction shallbe deemed to be a number.(3) Where a name has been given otherwise thanin pursuance of subsection (1) of this section to a build-ing and is in the opinion of the Council unsuitable

or likely to cause delay or inconvenience in executingany public service they may without prejudice to theexercise from time to time of the powers of the Councilunder the said subsection (1) by order assign a nameto the building in substitution for such first-mentionedname.(4) (a) Before making an order under this sectionas respects the of a name of a building

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Cb. xcvii. London Building Act8 2 & 3 GEo. 6.(Amendment) Act, 1939.

ii. for an existing name thereof the Council shall givecone. notice of their intention of so doing to the owner of thebuilding.(b) Every such notice shall state the mannerin which and the time (being not less than onemonth after the date of the notice) within whichobjections to the intended order may be sent to theCouncil and the Council shall before making the orderconsider any. objection so sent to them and may if theythink fit having regard to any such objection amend

any name which they have proposed to assign.(5) Whenever the Council have made an orderunder this section they shall transmit a copy thereofto the local authority and it shall be the duty of thelocal authority to perform all necessary acts and to takeall requisite proceedings for carrying the order intoeffect.(6) The local authority shall give notice to theowner or occupier of every building to which an ordermade by the Council under this section relates requiringhim to mark the building or some part of the premisesof which the building forms part with the number

or name or number and name which the Council haveordered in accordance with any regulations madein pursuance of section 12 (Regulations as to markingof numbers and names of buildings) of this Act andto remove within such time as may be specified in thenotice any number or name marked on the buildingor on the premises of which the building forms partwhich differs from that specified in the order.(7) Whenever the marking of a number or nameor number; and name of a building assigned by an orderof the Council is destroyed pulled down defacedobliterated or obscured the owner or occupier of the

building shall within the time specified in a notice fromthe local authority requiring him so to do renew thOmarking in accordance with regulations as aforesaid.(8) If any notice by a local authority in pursuanceof this section is not complied with the local authorityshall cause the number or name or number and nameof the building to be marked in accordance withregulations as aforesaid and any number or name whichdiffers from that specified in the order to be removed.

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2 & 3 GE0. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939.(9) So much of this section as relates to names PART II.shall not apply cont.(a) to a theatre cinematograph theatre or musichail; or(b) to premises which are at the date of thepassing of this Act licensed for the saleof intoxicating liquor for consumption on thepremises or any premises erected in substitutiontherefor so long as the premises are so licensed.12. The Council shall make regulations with Regulations

respect to the marking of the numbers or names as toor numbers and names of buildings in a street way place marking ofnumbersrow of houses or block of buildings and without pre- and namesjudice to the generality of the foregoing provision such of buildings.regulations may provide for the number or nameor number and name of any building to be markedin some appropriate position either on the buildingor on some part of the premises of which the buildingforms part as may be prescribed by the regulations.18. No person shall Offences as(a) mark on any building or on the premises tO number.of which the building forms part any of

number or name thereof buildings.(1) different from a number or namelawfully given thereto or ordered in respectthereof; or(ii) except in accordance with anyregulations made in pursuance of section 12(Regulations as to marking of numbersand names of buildings) of this Act;

(b) otherwise than for the purpose of renewingthe same destroy pull down deface obliterateor obscure or permit or suffer to be destroyedpulled down defaced obliterated or obscuredthe marking of any number or name as thecase may be lawfully given to or orderedin respect of any building:Provided that

(A) where any premises are used for the purposesof any commercial undertaking (includingany theatre cinematograph theatre ormusic hail or any premises which are at the11


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Ch. xcvii. London Building Acts 2 & 3 GEO. 6.(Amendment) Act, 1939.

P&aT IL date of the passing of this Act licensed forconE, the sale of intoxicating liquor for consump-tion on the premises or any premisesin. substitution therefor so long as the pre-mises are so licensed) proceedings for anoffence under subparagraph (ii) of para-graph (a) of this section shall not be takenby reason only of the fact that the namelawfully given to the building in additionto being marked thereon or affixed theretoin accordance with any regulations madein pursuance o1 section 12 (Regulationsas to marking of numbers and namesof buildings) of this Act is also markeaotherwise than in accordance with suchregulations if such additional marking doesnot obscure or obliterate the name as markedor affixed to the building in accordancewith such regulations;

(B) paragraph (b) of this section shall not applywhere the marking of the number or nameor number and name as the case maybe o a building is destroyed pulled. downdefaced obliterated or obscured in connec-tion with the demolition alteration or erec-tion of a building or any part thereofif notice of the intention so to do is givento the local authority not less than threedays immediately before the marking of thenumber or name or number and nameas the case may be is destroyed pulled downdefaced obliterated or obscured.

Record of ].4.(1) The Council shall keep a record ofnes (a) the names lawfully or assignedto streets ways places rows of houses orbers or blocks of buildings; andnames (b) the numbers or names or numbers andbuildings, names with which they order buildingsto be marked;and such record shall be kept in such formas to show

(i) as respects alterations in the names of streetsmade by order or resolution since the first12


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London Building ActB(Amendment) Act, 1939.day of January eighteen hundred and fifty-six the date of the order or resolutionby which such alteration was made andas respects names assigned to streets waysplaces rows of houses or blocks of buildingsafter the commencement of this Act thedate of the order assigning the name andthe immediately previous name or names(if any) borne by the street way place rowof houses or block of buildings; and

(ii) the date of the order assigning numbersor names or numbers and names to buildingsor assigning a name to a building in sub-stitution for another name and the im-mediately previous numbers and names(if any) of the buildings.(2) It shall upon payment of such reasonable feeas the Council may from time to time determine belawful(a) for any person at any reasonable hour toinspect such record and to take a copy of anyportion thereof; and(b) for the Council to furnish a copy or informationas to the contents of any portion of such recordto any applicant.].5.(l) Proceedings for the recovery of a line in Proceedingsrespect of any contravention of Or failure to comply with by localthe provisions of section 10 (Wrongful setting up of authority.names of streets &c.) or section 13 (Offences as tonumbering or naming of buildings) of this Act may betaken by the local authority.(2) Where a local authority are required or em-powered by this Part of this Act in default of any otherperson to cause the name of a. block of buildings or anumber or a name or a number and name of a buildingto be set up. marked renewed or removed they may

recover the expenses of so doing from the owner orowners of the block buildings or part thereof or theowner or occupier of the building as the case may be.(3) All powers rights and remedies to a localauthority by this Part of this Act shall, be deemed to bein addition to and not in derogation of any other powersrights or remedies conferred on them by any other Act.

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2 & 3 GEo. 6. Oh. xcvii.PART II.-cwU.


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Oh. xcvii. London Building Act8 2 & 3 GEO, 6.(Amendment) Act, 1939.PART III.

CoNsmuoTIoN OF BUILDINGS.Use of 16. An external wall or part of an external wallexternal shall not be used as a party wall unless it conforms as awall as party wall with the requirements of the London Buildingparty wa Acts and with any byelaws made in pursuance of thoseActs.Alterations 1 7.( 1) Except in accordance with the provisionsto party of the London Building Acts and any byelaws made inwalls. pursuance of those Acts an opening shall not without the

consent of the Council be made in any party wall:Provided that as respects any opening existing atthe passing of this Act in such portion of a party wallas does not separate adjoining buildings nothing in thissubsection shall in the event of such wall being demolishedand reconstructed but subject always to the provisionsof section 21 (Uniting of buildings) of this Act preventthe making (in pursuance of the exercise of any easementof light or other easement existing at the said date in orrelating to the party wall) in the wall so reconstructedof an opening of the same size and in the same positionas the opening existing at the said date in the party walldemolished and the proof of the existence at the saiddate of any opening in such a party wall and of anyeasement in or relating to the party wall shall lie on thebuilder.(2) A chimney chimney breast or chimney shaftbuilt with or in any party wall shall not be cut awaywholly or in part unless the district surveyor certifiesthat it can be done without injuriously affecting thestabffity of any building.

Bay 18. Unless the Council otherwise consent no baywindows window oriel window or turret shall be constructed inoriel any building so that it is in any part nearer to the centrewindows of any party wall than the extreme extent of the pro-and turrets. jection from the building of the bay window oriel windowor turret.Roof 19.(1) Unless the Council after consultation withdrainage, the local authority otherwise consent. the roof of everybuilding and every projecting window balcony verandahshop front or other similar projection shall be soarranged and constructed and so supplied with gutters

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2 & 3 GE0. 6. London Building Acts Ch. xcv ii.(Amendment) Act, 1939.and pipes as to prevent the water therefrom from III.dropping upon or running over any public way:

Provided that the requirements of this subsectionnot apply to any shop front which does not projectmore than ten inches beyond the external wall of thebuilding to which it belongs.(2) The provisions of the foregoing subsection shallnot prejudice or affect the powers of the local authorityunder section 37 (For preventing water flowing onfootpath) of the London County Council (General Powers) 18 & 19Act 1928. Geo. 5.

C. lxxvii.20(1) ljnless the Council otherwise consent Precautions(a) no building shall be erected with a storey or firepart of a storey at a greater height than

(i) one hundred feet; or and cubical(ii) eighty feet if the area of the buildingexceeds ten thousand square feet;

(b) no building of the warehouse class and nobuilding or part of a building used forpurposes of trade or manufacture shall be ofa cubical extent exceeding two hundred andfifty thousand cubic feet unless it is dividedby division walls in such manner that nodivision of the building or part of the buildingas the case may be is of a cubical extentexceeding two hundred and fifty thousandcubic feet:

Provided that the Council shall not withhold consentunder paragraph (a) of this subsection if they are satisfiedthat having regard to the proposed use to which thebuilding is to be put proper arrangements will be madeand maintained for lessening so far as is reasonablypracticable danger from fire in the building.(2) In granting consent under this section theCouncil may without prejudice to any other power toattach terms and conditions to the consent give theconsent subject to conditions restricting the user of thebuilding or part of the building or relating to the provisionand maintenance of proper arrangements for lessening sofar as is reasonably practicable danger from fire in thebuilding or part of the building.

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Ch. xcvii. London Building Acts 2 & 3 GEO. 6.(Amendment) Act, 1939.PART III. (3) The measurement of the height of any suchconL storey or part of a storey as is mentioned in this sectionshall be taken at the centre of that face of the buildingwhere the measurement is greatest from the level of thefootway immediately in front of that face or where therejs no such footway from the level of the ground beforeexcavation to the level of the highest part of the interiorof the storey.

(4) The provisions of this section shall not apply toany building which being at a greater distance than twomiles from Saint Paul's Cathedral is used solely for themanufacture of the machinery and boilers of steam vesselsor for a retort house and which consists of one floor onlyand is constructed throughout of brick stone iron or otherincombustible materials.

Uniting of 2]..(1) Buildings shall be deemed to be unitedbuildings, when any opening is made in the party wall or theexternal walls separating the buildings or when thebuildings are so connected that there is access from onebuilding to the other without passing into the externalair and a building shall be deemed to be united with anunderground railway station when the building and theunderground railway station are so connected that thereis access from the building to the underground railwaystation without passing into the external air.

(2) Buildings shall not without the consent of theCouncil be united unless they are wholly in oneoccupation and when so united and considered as onebuilding would be in conformity with the London BuildingActs and any byelaws made in pursuance of those Acts.(3) A building (not being part of a railway station)shall not without the consent of the Council be unitedwith an underground railway station unless the buildingto be united is solely in the occupation of the railway

company to whom the underground railway stationbelongs and the means of access between the buildingand the station is afforded by a doorway in the buildingopening into a passage or subway used solely as anapproach to or exit from the underground railway stationand a lobby inside the building leading from the doorway and unless

(a) the floor jambs and head of the doorway andthe floor ceiling and enclosures of the lobby are16


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2 & 3 GEO. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939.constructed of incombustible materials not less PA3T IlLthan three inches in thickness;

(b) the full extent of the opening of the doorwayand the entrance. to the lobby inside the buildingare each fitted with self-closing doors possessingsuch a degree of resistance to the action of fireas the Council may determine;(c) the doors open inwards towards the buildingand with the doorways and lobby are so con-structed fitted and maintained as to form whenclosed a watertight separation between thebuilding and the said passage or subway.(4) Unless the Council otherwise consent an openingshall not be made in any division wall separatingdivisions of a building of the warehouse class or usedfor purposes of trade or manufacture or in any partywall or in two external walls separating such buildingsin any case in which such divisions or buildings (as thecase may be) if taken together would extend to morethan two hundred and fifty thousand cubic feet exceptunder the following conditions :(a) the opening shall have the floor jambs andhead formed of brick stone iron or other

incombustible materials and be closed by twowrought iron or mild steel doors sliding doorsor shutters each not less than one-fourth of aninch thick in the panel at a distance from eachother of the full thickness of the wall fittedto grooved or rebated iron frames withoutwoodwork of any kind and all such doorssliding doors and shutters shall be fitted withsufficient and proper bolts or other fasteningsand be capable of being opened from eitherside and shall have on each thereof stylesand rails at least four inches wide and one-fourth of an inch thick and shall be constructedfitted and maintained in an efficient condition;(b) the opening shall not exceed in width sevenfeet or in height eight feet and the width of anysuch opening in any wall of a storey (or if thereis more than one such opening in any suchwall the widths of all such openings takentogether) shall not exceed one-half of thelength of the wall:

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2 & 3 GE0. 6. London Building Acts Ch. xcvii(Amendment) Act, 1939.24.( 1) In every. building constructed or adapted IlLto be oocupied in separate tenements by. more than twofamilies the principal staircase used by the severalfamilies in common shall be ventilated upon every of staircases.storey above the ground storey by means of windowsor skylights opening directly into the external airor shall be otherwise adequately ventilated.(2) The principal staircase in every building beinga dwelling-house and not subject to the provisionsof subsection (1) of this section shall be ventilatedby means of a window or skylight opening directly

into the external air.(3) So much of subsection (4) of section 12 (Repeals)of the Act of 1935 as relates to section 74 (Ventilationof staircases) of the Act of 1930 applies to this sectionas it applies to the said section 74.25. In every public building the of the Accesseslobbies corridors passages and landings and the flights stairsof stairs shall be constructed of and carried by supportspossessing such a degree of resistance to the action U gs.of fire as the Council may determine.26.(l) Subject to the provisions of this section Con-and notwithstanding anything in the London Building struotion of

Acts or any byelaws made in pursuance of those Actsevery public building including the walls roofs floors buikhngs.galleries and staircases and every structure and workconstructed or done in connection with or for thepurposes of the same shall be constructed in suchmanner as may be approved by the district surveyoror determined by the tribunal of appeal.(2) (a) The Council may from time to time prescribestandards of stability and fire protection in relationto the construction of public buildings or any classof public buildings or parts of public buildings andof .any structure or work in connection with public

buildings and such standards may differ as respectsdifferent classes of public buildings or parts of publicbuildings or structures or works as aforesaid.(b) The Council may on the application of thedistrict surveyor relax in relation to any particularpublic building or part of a public building any of thestandards prescribed by them in pursuance of thissection. 19


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2 & 3 GEO. 6. London Building Acts Ch. xcv ii.(Amendmeni) Act, 1939.(2) For the purposes of this section a building shall PART ilLbe deemed to be converted into a public building if thepurposes for which the building or a part thereof is usedare changed to the purposes of a public building whetherstructural alterations are involved or not.28.(l) Where a building Buildings(a) erected after the thirty-first day of December undereighteen hundred and ninety-four under or TaiIWS.yin or by enclosure of a railway arch or abutting arches.thereon is constructed or adapted to be usedfor the purpose of human habitation;

(b) erected after the commencement of this Actunder or in or by enclosure of a railway arch orabutting thereon is constructed or adapted tobe used for purposes other than those ofhuman habitation and is not wholly or in partoccupied and used by the railway company towhich the arch be'ongs for the railwaypurposes of their undertaking;the London Building Acts and any byelaws made inpursuance of those Acts shall apply to the building andto every work done to in or on the same in like mannerand to the like extent as far as may be as if the buildingwere built in any other position.(2) For the purposes of this section a buildingerected by the enclosure of each railway arch shall betreated as a separate building.(3) Nothing in this section shall authorise anyinterference with the structure of a railway arch.

PART [V.SPECIAL AND TEMPORARY BUILDINGS AND STRUCTURES.29. The provisions of this Part of this Act shall Applicationapply to of Part lIT.(a) any building or structure not constructed ornot intended to be constructed generally orsubstantially in conformity with provisionsof Part III (Construction of buildings) of thisAct and of any byelaws made in pursuance ofthe London Building Acts;

(b) any structure the construction of which is notregulated by the provisions of the said Part IIIand byelaws. 2l


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Ch. xcvii. London Building Acts 2 & 3 6.(Amendment) Act, 1939.30.( 1) Notwithstanding the provisions of section 3(Construction &c. of buildings and structures) of theAct of 1935 and subject to the provisions of this Partof this Act the Council may consent to the setting uperection or retention of a building or structure to whichthis Part of this Act applies and it shall not be lawful toset up erect or retain such a building or structure withoutconsent under this Part of this Act.

(2) As respects any of the following buildings andstructures to which this Part of this Act applies which isof a temporary character the provisions of subsection (1)of this section shall have effect as if the metropolitanborough council were named therein instead of theCouncil(a) any building or structure not exceeding twohundred square feet in area or seven feet sixinches in height measured from the level of theground on which the building or structure is oris to be erected to the underside of the eavesor roof plate but the Council and not themetropolitan borough council shall be theauthority to grant consents as respects anysuch building or structure if(i) the setting up erection or retention ofthe building or structure would infringe anyof the provisions of Part II (Frmation andwidening of streets) Part III (Lines of buildingfrontage) or Part V (Open spaces aboutbuildings and height of buildings) of the Actof 1930;(ii) the setting up erection or retention ofthe building or structure is not in conformitywith the provisions of any scheme or orderfor the time being in force under the Townand Country Planning Act 1932 or under

any Act repealed by that Act and applicableto the metropolitan borough within whichthe building or structure is or the proposedbuilding or structure will be;'b) any temporary stand or similar structure ofwhich the floor of the topmost tier does notexceed seven feet measured from the level ofthe footway in front of the centre of the face

22

PART Iv.Consent tospecial andtemporarybuildings&c.

22.& 23Geo.5.c.48.


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2 & 3 GE0. 6. London Building Acts Oh. xcvii.(Amendment) Act, 1939.of the stand or similar structure or if there is P&wr 1Y.no footway from the level of the ground imme-diately beneath such stand or similar structureand of which, the load is not carried by thefloor or any other part of another structure ora building;

(c) any other structure (not being a building)wholly or mainly of wooden construction.(3) No such building or structure as is referred toin paragraph (a) of subsection (2) of this section and inrespect of which the metropolitan borough council are the

authority to grant consents under this section shall(i) be used for the storage or manipulation ofinflammable materials or for the purposes ofhuman habitation; or(ii) be united to a building or structure to whichthe provisions of Part III (Construction ofbuildings) of this Act and any byelaws made inpursuance of the London Building Acts relatingto the construction of buildings or structuresapply;and the metropolitan borough council shall attach to theirconsent under the said paragraph conditions to that effect.(4) Where in pursuance of paragraph (a) of sub-section (2) of this section the metropolitan boroughcouncil are the authority to grant consents to the settingup erection or retention of a building or structure anyconsent as respects any building or structure which isto be used for the purposes of trade and any consent for aperiod exceeding three years shall unless the Councilotherwise agree only be given after consultation with theCouncil.(5) As respects

(1) any hoarding or similar structure (being affixedto a building) any part of which is at a heightgreater than seven feet measured from thelevel of he ground; or,

(ii) any hoarding or similar structure (not beingaffixed to a building or structure) in such aposition as to prevent easy access for thepurpose of proper inspection of the exterior ofany building to which the hoarding or similarstructure is adjacent: 23


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2 & 3 GEo. 6. London Building Acts Cli. xcvii.(Amendment) Act, 1939.31. Where it is proved to the satisfaction of the IV,court before which proceedings are taken by the Councilor a metropolitan borough council under this Act that aperson has

'(a) set up erected or retained any building or orders.structure to which this Part of this Act applieswithout having obtained the consent requiredthereby; or(b) contravened or failed to comply with anycondition attached to such consent;the court may notwithstanding the imposition of anyfine and without prejudice to any other powers conferredon the court by this or any other Act make an order inwriting directing that person to demolish or remove thebuilding or structure or any part thereof or to complywith the condition within a time to be fixed by the order.32. Notwithstanding anything in the London Open sheds.Building Acts or in any byelaws made in pursuanceof those Acts open sheds not exceeding sixteen feetin height and not exceeding six squares in area maybe constructed of any such materials and in such manneras may be approved by the district surveyor.

PART V.MEANS OF ESCAPE IN CASE OF FIRE.

33.(1) In this Part of this Act unless the context Interpreta.otherwise requires the following expressions have the ofmeanings hereby respectively assigned to them art"height" in relation to a storey of a building meansthe level of the surface of the highest point ofthe floor of that storey measured at the centreof that face of the building where the measure-ment is greatest from the level of the footwayimmediately in front of that face or if thereis no such footway from the level of the groundbefore excavation;"new building" means any building(a) of which the actual erection above thefootings or supporting concrete has not beenbona fide and substantially begun at thecommencement of this Act; or

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Ch. xcvii. London Building Act8 2 & 3 6.(Amendment) Act, 1939.V. (b) which having been destroyed by firecont, or other casualty or demolished pulled downor removed from any other cause to an extentexceeding one-half of the aggregate of thesuperficial areas of the enclosures (excludingparty walls) and of the roof and of the floorsof the building and is on or after that datereconstructed or commenced to be recon-structed wholly or partly on the same site; or

(c) of which the cubical extent has beenincreased on or after that date by newbuilding work of an extent equal to or exceed-ing the cubical extent of the building asexisting before that date; or(d) which having been an old buildinghas by reason of any alteration thereof oraddition thereto on or after that date a storeyat a height greater than forty-two feet;

"old building" means any building which is not anew building;"owner" in relation to any premises means theperson for the time being receiving the rackrentof the premises whether on his own account oras agent or trustee for any other person or whowould so receive it if the premises were let at arackrent;"plans" means plans sections and elevations;"rackrent" means rent which is not less thantwo-thirds of the full annual value of thepremises and the full annual value shall betaken to be the annual rent which a tenantmight reasonably be expected taking one yearwith another to pay for the premises if thetenant undertook to pay all usual tenant'srates and taxes and if the landlord undertook tobear the cost of the repairs and insurance andthe other expenses (if any) necessary tothe premises in a state to command that rent.

(2) For the purposes of the definition of theexpression "new building " in this section the measure-ment of the superficial area of the roof of a building shall26


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Oh. xcvii. London Building Acts 2 & 3 GE0. 6.(Amendment) Act, 1939.V. of escape and the Council have in writing accepted theproposals as satisfactory it shall not be necessary for theowner to comply with the requirements contained in thenotice served upon him by the Council but he shall withall practicable dispatch after the acceptance of theproposals execute and do all such works and things asmay be necessary in order to provide the means ofescape specified in the proposals.

(3) Where any person has been convicted of anoffence against this Act by reason of failure(a) to comply within the period required by theCouncil or the tribunal of appeal with anyrequirement made by the Council under thissection or confirmed or varied by the tribunalof appeal; or(b) to execute and do with all practicable dispatchafter the acceptance of alternative proposals asaforesaid all such works and things as may benecessary to provide the means of escapespecified in the proposals;a court of summary jurisdiction may notwithstandingthe imposition of any fine and without prejudice to anyother powers conferred on the court by this or any otherAct make an order prohibiting the occupation of thebuilding or any storey or part thereof from which meansof escape ought to have been provided in pursuance ofthis section and any such order may be at any timeamended or discharged by a further order of a court ofsummary jurisdiction.(4) The Council shall keep at the County Halla register (which shall at all reasonable times be opento inspection without payment) of all orders made

under this section.(5) For the purpose of the calculation of the numbers

referred to in paragraph (a) of subsection (1) of thissection a lodger shall be deemed be an occupier and"occupied" shall be construed accordingly.Projecting 36.(1) Where any portion of a building whichshops. is used or adapted to be used as a shop projects fora distance of seven feet or more beyond the main frontof any building of which it forms part and in whichpersons are employed or sleep the projecting portion of

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Oh. xcvii. Lon&rn Building Act& 2 & 3 GE0. 6.(Amendment) Act, 1939.

PART V. the owner of the building to which the refusal con-cont. ditional grant or requirement relates may appeal to thetribunal of appeal.Exemption 43. Nothing in this Part of this Act shall em-of certain power the Council to require as regards any buildingwhile used in part as a factory within the meaningof the Factories Act 1937 means of escape in case of fireI Edw. 8. to be provided from or in respect of the part of such1 Geo. 6. building so used if a certificate under section 34 of thatc. 67. Act in respect of that part is in force or the factory

or part thereof is entitled under that section to receivea certificate for the purposes of that section.VI.

RIGHTS &C. OF BUILDING AND ADJOINING OWNERS.Interpreta. 44. In this Part of this Act unless the contexttion of otherwise requires the following expressions have thePart VI. meanings hereby respectively assigned to them :in relation to a wall means thesolid ground or artificially formed supportresting on solid ground on which the wall

rests;"party wall" means(i) a wall which forms part of a buildingand stands on lands of different ownersto a greater extent than the projectionof any artificially formed support on whichthe wall rests; and(ii) so much of a wall not being a wallreferred to in the foregoing paragraph (i)as separates buildings belonging to differentowners;"special foundations" means foundations in whichan assemblage of steel beams or rods is em-ployed for the purpose of distributing anyload.

Right 9 &c. of owners.Rights of 45.--(1) Where lands of different owners adjoinowners of and are not built on at the line of junction or are builtadjommg on at the line of junction only to the extent of a boundarywall (not being a party fence wall the external wallnot built on. 38


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2 & 3 GEo. 6. London Building Acts Oh. xcvii.(Amendment) 1939.

(b) proposes to erect within twenty feet from P.&RT VI.any part of an independent building of anadjoining owner a building or structure anypart of which will within the said twenty feetmeet a plane drawn downwards in thedirection of the building or structure of thebuilding owner at an angle of forty-fivedegrees to the horizontal from the line formedby the intersection of the plane of the levelof the bottom of the foundations of thebuilding of the adjoining owner with theplane of the external face of the external wallof the building of the adjoining owner;

he may and if required by the adjoining owner shallsubject to the provisions of this section at the expenseof the building owner underpin or otherwise strengthenor safeguard the foundations of the building of theadjoining owner so far as may be necessary.(2) In any case to which subsection (1) of thissection applies the following provisions shall haveeffect :(a) At least one month before beginning to erect

a building or structure the building ownershall serve on the adjoining owner notice inwriting of his intention so to do and that noticeshall state whether he proposes to underpin orotherwise strengthen or safeguard the founda-tions of the building of the adjoining owner;(b) The said notice shall be accompanied by plansand sections showing the site of the buildingor structure proposed to be erected by thebuilding owner and the depth to which heproposes to excavate;(c) Within fourteen days after service of the said

notice the adjoining owner may serve notice inwriting on the building owner that he disputesthe necessity of or requires as the case maybe the underpinning or strengthening or thesafeguarding of the foundations of his buildingand if the adjoining owner serves such a noticea difference shall be deemed to have arisenbetween the building owner and the adjoining.owner; 45


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Oh. xcvii. London Building Act.g 2 & 3 GE0. 6.(Amendment) Act, 1939.

PART VI. (ci) The building owner shall compensate theadjoining owner and any adjoining occupierfor any inconvenience loss or damage whichmay result to any of them by reason of anywork executed in pursuance of this section.(3) On completion of any work executed in pur-suance of this section the building owner shall if sorequested by the adjoining owner supply him withparticulars including plans and sections of the work.(4) Nothing in this section shall relieve the buildingowner from any liability to which he would otherwisebe subject for injury to the adjoining owner or anyadjoining occupier by reason of work executed by him.

Execution 51(1) A building owner shall not exercise anyof works, right conferred on him by this Part of this Act in suchmanner or at such time as to cause unnecessaryinconvenience to the adjoining owner or to the adjoiningoccupier.(2) Where a building owner in exercising any rightconferred on him by this Part of this Act lays open

any part of the adjoining land or building he shallat his own expense make and maintain so long as maybe necessary a proper hoarding shoring or fans or tem-porary construction for the protection of the adjoiningland or building and the security of the adjoiningoccupier.(3) Any works executed in pursuance of this Partof this Act shall(a) comply with the provisions of the LondonBuilding Acts and any byelaws made in pur.suance of those Acts; and(b) subject to the foregoing paragraph (a) beexecuted in accordance with such plans sectionsand particulars as may be agreed between theowners or in the event of difference determinedin the manner provided in this Part of this Actand no deviation shall be made therefromexcept such as may also be agreed betweenthe parties or in the event of differencedetermined in manner aforesaid.46


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Oh. xcvii. London Building Acts 2 & 3 GEO.(Amendment) Act, 1939.Vi. settle by award any matter which before thecommencement of any work to which a noticeunder this Part of this Act relates or from timeto time during the continuance of such workmay be in dispute between the building ownerand the adjoining owner;(j) If no two of the three surveyors are in agree-ment the third surveyor selected in pursuanceof this section shall make the award withinfourteen days after he is called upon to do so;

(ic) The award may determine the right to executeand the time and manner of executing anywork and generally any other matter arisingout of or incidental to the difference:Provided that any period appointed by theaward for executing any work shall not unlessotherwise agreed between the building owner andthe adjoining owner begin to run until afterthe expiration of the period prescribed by thisAct for service of the notice in respect of whichthe difference arises or is deemed to have arisen;

(1) The costs incurred in making or obtainingan award under this section and the cost ofreasonable supervision of carrying out any workto which the award relates shall subject to theprovisions of this section be paid by such of theparties as the surveyor or surveyors making theaward determine;

(m) The award shall be conclusive and shall notexcept as provided by this section be questionedin any court;(n) Either of the parties to the difference maywithin fourteen days after the delivery of anaward made under this section appeal to thecounty court against the award and the following

provisions shall have effect :Subject as hereafter in this paragraphprovided the county court may rescind theaward or modify it in such manner and makesuch order as to costs as it thinks fit;(ii) If the appellant against the award onappearing before the county court is unwillingthat the matter should be decided by that50


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Oh. xcvii.. London Building Acts 2 & 3 GEo. 6,(Amendment) Act, 1939,P&aT VI. section 46 (Rights of owners of adjoining lands-Coflt. where junction line built on) of this Act shallbe defrayed by the building owner and theadjoining owner in due proportion regard beinghad to the use which the two owners respectivelymake or may make of the party structure orparty fence wall;

(b) Expenses incurred in the exercise of the rightsconferred by paragraph (b) of subsection (1) ofthe said section together with the expenses ofbuilding any additional party structure that maybe required by reason of the exercise of thoserights shall be defrayed by the building ownerand the adjoining owner in due proportionregard being had to the use which the two ownersrespectively make or may make of the partywall or party structure and the thickness of suchparty wall or party structure required forsupport of the respective buildings of the twoowners;(c) Expenses incurrea in the exercise of theconferred by paragraph (c) of subsection (1) ofthe said section shall be defrayed by the

ing owner and the adjoining owner in dueproportion regard being had to the use whichthe two owners respectively make or may makeof the rooms or storeys rebuilt;(d) Expenses incurred in the exercise of the rightsconferred by paragraph (d) of subsection (1)of the said section shall be defrayed by thebuilding owner and the adjoining owner in dueproportion regard being had to the use whichthe two owners respectively make or may make

of the buildings arches or structures rebuilt;(e) Expenses incurred in the exercise of the rightsconferred by(1) paragraphs (e) (g) (1&) (i) and (k) ofsubsection (1) of the said section;

(ii) paragraph (f) of subsection (I) of thesaid section in so far as the expenses are notexpenses inourre4 in the exercise of any rightsconferred by other paragraphs of the said52


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Ch. xcvii. London Building Acts 2 & 3 GEO. 6.(Amendment) Act, 1939.

PART VI. use made by an owner of a party structure party fencecont. wall external wall or other work regard shall unlessotherwise agreed between the building owner and theadjoining owner or provided in the award also be had tothe cost of labour and materials prevailing at the timewhen that use is made.Security for 57.(1) An adjoining owner may by notice inexpenses. writing require the building owner before he begins anywork in the exercise of the rights conferred by this Partof this Act to give such security as may be agreed betweenthe owners or in the event of dispute determined by ajudge of the county court for the payment of all suchexpenses costs and compensation in respect of the workas may .be payable by the building owner.

(2) Where in the exercise of the rights conferredby this Part of this Act an adjoining owner requires abuilding owner to carry out any work the expenses ofwhich are to be defrayed in whole or in part by theadjoining owner or where the adjoining owner serves anotice on the building owner under subsection (1) of thissection the building owner may before beginning thework to which the requirement or notice relates serve anotice in writing on the adjoining owner requiring himto give such security as may be agreed between theowners or in the event of dispute determined by a judgeof the county court for the payment of such expensescosts and compensation in respect of the work as may bepayable by him.(3) If within one month after receiving a noticeunder subsection (2) of this section or in the event ofdispute -after the date of the determination by the judgeof the county court the adjoining owner does not complytherewith the requirement or notice by him to whichthe building owner's notice under that subsection relatesshall cease to have effect.

Account of 58.(1) Within two months after the completionexpenses. of any work executed by a building owner of whichthe expenses are to be wholly or partially defrayedby an adjoining owner in accordance with section 56(Expenses in respect of party structures) of this Act54


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Oh. xcvii. London Building Act8 2 & 3 GEO. 6.(Amend Act, 1939.

V][I. of the neighbourhood a court of summary jurisdiction oncomplaint by the Council may order the owner to takedown or repair or rebuild the structure (in this Actreferred to as a "neglected structure ") or any partthereof or to fence in the land upon which it or anypart thereof is situate or otherwise to put the structureor any part thereof into a state of repair and goodcondition to the satisfaction of the Council within areasonable time to be fixed by the order and may alsomake an order for the payment by the owner of thecosts and expenses incurred by the Council up to the.time of the hearing.(2) (a) If the order is not obeyed the Council maythereupon enter upon the neglected structure or theland aforesaid and execute the order may recoverfrom the owner of the structure all costs and expensesincurred by them under this section:Provided that nothing in this subsection shallprejudice the right of the owner to recover the amountof any costs and expenses paid by him from any personliable to pay the expenses of the repair of the structure.

(b) Where the order directs the taking down of aneglected structure or any part thereof and in pursuanceof paragraph (a) of this subsection the Council. executethe same they may remove the materials of thestructure or part thereof so taken down by them.to dangerou8 andstructure8.

Repayment . 70.(1) Where the Council have incurred anyof expenses expenses in respect of any dangerous or neglectedincurred by structure and have not been paid or have not recoveredCouncil. those expenses it shall notwithstanding anything to thecontrary in any Act be lawful for a court of summaryjurisdiction on complaint by the Council within twelvemonths after the date of the demand for the paymentof the said expenses to make an order fixing the amountof the said expenses and the costs of the proceedingsbefore the said court and directing that no part of theland upon which the dangerous or neglected structurewas or is situate shall be built upon or that no part ofthe dangerous or neglected structure if repaired orrebuilt shall be let for occupation until after payment

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Oh. xcvii. London Building Acts 2 & 3 GE0. 6.(Amendment) Act, 1939,PART IX.

SUPERINTENDING ARCHITECT DISTRICT SIIRVEYORS ANDFEES.Superintending architect.Appoint. 73.-(1) The Council may for the purpose of aidinginent of in the execution of the London Building Acts and anybyclaws made in pursuance of those Acts appoint somefit person to be called "the superintending architect ofand metropolitan buildings" together with such numberassistants, of assistants as they think fit.(2) The superintending architect and assistants shallbe removeable by the Council.

(3) The superintending architect and assistants shallperform such duties as the Council direct and the Councilshall pay to the superintending architect and assistantssuch salaries as the Council think fit.(4) The superintending architect shall not on hisprivate account practise the profession of an architector follow any other occupation.

Deputy to 74. The superintending architect with the consentsuperm. of the Council may appoint some other person as histendrng deputy to perform the duties of his office for such timearchitect. .as he may be temporarily prevented by illness infirmityor any other sufficient cause from himself performingthem and if the superintending architect shall havemade no such appointment or the person appointedby him is so prevented from performing the duties theCouncil may appoint some other person to act as thedeputy to the superintending architect as aforesaid.

District survel,orsAppoint. 75.(l) For the purpose of aiding in the execution

&c. of of the London Building Acts and any byelaws madein pursuance of those Acts the Council may appointsuch number of duly qualified persons to the office ofdistrict surveyor as they think fit.(2) The Council may allocate among the severaldistrict surveyors as they may from time to time thinkfit the work to be carried out by district surveyorsunder the said Acts and byelaws.

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Oh. xcvii. London Building Act8 2 & 3 GE0. 6.(Amendment) Ace, 1939.(2) The board shall consist of such number of personscont. as the Council may from time to time determine and shallinclude representatives of the Council and personsnominated for the purpose by the Royal Institute ofBritish Architects, and by such other professional institu-tions or appropriate bodies as the Council may fromtime to time think fit.

(3) The members of the board shall be appointedby the Council and every member of the board shall holdoffice for a period of three years:Provided that a member may at any time resign hisoffice.(4) A member ceasing to hold office' shall be eligiblefor re-appointment.(5) The functions of the board may be exercisednotwithstanding any vacancy in their number.(6) The board shall elect from its own members achairman and may appoint ommittees.(7) The quorum and proceedings of the board andof any committee appointed by them shall be such asthe board may determine.(8) In the case of equality of votes on any questionthe chairman of the bo&d or of any committee appointedby them shall have a second or a casting vote.(9) (a) The board shall conduct in London as andwhen required by the Council examinations in proficiencyto perform the duties of surveyor.(b) Reasonable notice of the intention of the boardto conduct an examination shall be publicly given by theCouncil in such manner as they think fit.(c) The board may make regulations as to candida-ture for and the conduct of examinations of the boardand may thereby prescribe reasonable fees to be paid bycandidates but such regulations shall not come into forceuntil approved by 'the Council.(d) Every examination paper set for an examinationof the board shali be approved by the board or by acommittee appointed by them consisting of not lessthan seven members of the board and a copy of everysuch examination paper shall be forwarded to the Councilwithin seven days after the holding of the examination.

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xcvii. London Bnikling Act8 2 & 3 GEo.(Amendment) Act, 1939.PART IX. may at any time within fourteen days thereafter becant. served on such owner occupier or other person instead ofor in addition to the builder.

(4) Where a notice Of irregularity is served underthis section the provisions of this Act as to the conse-quences of the 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 prejudicially affectany remedy of an owner occupier or other person against

a builder.Non- 90. If the person on whom a notice of irregularitycompliance is served does not comply with that notice within theWith period named therein a court of summary jurisdictionmay on complaint by the district surveyor notwithstand-ing the imposition of any line and without prejudice toany other powers conferred on the court by this or anyother Act make an order requiring that person to complywithin a period to be named in the order with the noticeor with any requisitions therein which may in the opinionof the court be authorised by the London BuildingActs or any byelaws made in pursuance of those Acts.

Fee8.Fees to 91.(l) The fees specified in Part I of the FirstCouncil in Schedule to this Act shall be payable in accordance withrespect of the provisions thereof to the Council in respect of adangerous or neglected structure.structures. (2) In respect of any special under Part VII(Dangerous and neglected structures) df this Act requiredto be performed by the district surveyor for which afee is not specified in the First Schedule to this Act suchfee as may be reasonable in the circumstances shall be

payable to the Council.(3) If in consequence of default by the owner of adangerous structure in complying with an order of acourt of summary jurisdiction made under section 64(Proceedings to enforce compliance with notice) orsection 65 (Court may make order notwithstandingarbitration) of this Act the Council themselves cause allor part of the structure to be taken down repaired orotherwise secured the fees calculated in accordance with74


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Oh. xcvii. London Building Acte 2 & 3 GE0. 6.(Amendment) Act, 1939.PART X.

BYRIAws.Additionalmattersto be dealtwith bybyelaws.

23 & 24Geo. 5. c.

97.(1) In addition to the matters with respect towhich the Council may make byelaws in pursuance ofthe Act of 1935 the Council may make byelaws inpursuance of that Act(a) with respect to lifts hoists and escalators inor in connection with buildings not beinglifts hoists or escalators which are or can

be regulated by or under any provision of theFactories Act 1937 or the Road and RailTraffic Act 1933 or are required by any enact-ment to be constructed in accordance withplans approved by the Minister of Transportand the enclosures thereof and in particularbut without prejudice to the generality of theforegoing power the byelaws may provide inregard to lifts hoists and escalators or suchclasses thereof as shall be specified in or notexempted from the byelaws(i) for lifts hoists and escalators and allappliances forming part of or connectedtherewith to be properly installed andmaintained under the supervision of thedistrict surveyor or the Council as maybe prescribed in the byelaws and to be subjectto such examination by the district surveyoror the Council or such other person andat such periods as may be so prescribedand for the display of the certificate of suchexamination;(ii) for the maximum working loadof a lift hoist or escalator or the maximumnumber of persons to be conveyed therein

or thereon at any one time to be displayed;(iii) for such of the byelaws as may bespecified therein to be applicable to liftshoists and escalators installed before thecommencement of this Act;(iv) that a lift hoist or escalator to whichthe byelaws apply shall not be used for80


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2 & 3 GEO. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939.raising altering uniting separating or retain- XI.ing a building or structure or any part ofa building or structure in contraventionof any provision of those Acts or byelaws andthe Council have given fourteen days' noticeto that person to bring the building orstructure or part of the building or structureas the case may be into conformity withthe said provision and such notice is notcomplied with;the Council may notwithstanding the imposition and

recovery of any fine make complaint thereof beforea court of summary jurisdiction.(2) The court may thereupon issue a summonsrequiring the person in default to appear to answer thecomplaint and if the complaint is proved to the satis-faction of the court the court may make an orderauthorising the Council and thereupon it shall be lawfulf or the Council(a) to enter the building or structure or the curtilagethereof and to demolish or alter the buildingor structure or any part thereof so far as thebuilding or structure or part has been adjudged

to be in contravention of the provisions of theLondon Building Acts or any byelaws madein pursuance of those Acts and to do whateverother acts may be necessary for that purpose;and(b) to remove the materials.(3) The foregoing provisions of this section shall notapply as respects any order made by a court undersubsection (1) of section 64 (Proceedings to enforcecoitipliance with notice) and section 65 (Court may makeorder notwithstanding arbitration) of this Act.(4) Subject to the provisions of subsection (3)

of section 106 (Removal and disposal of materials) of thisAct all expenses incurred by the Council in the executionof this section or the balance of any such expenses afterdeducting any proceeds of materials may berecovered from the person committing the offence.(5) If the order of the court or the conviction of anyperson in respect of any such offence as aforesaid hasbeen obtained by the local authority the local authority87


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Oh. xcvii. Building Acts 2 & 3 GEO, 6.(Amendment) Act, 1939.PART XI. interest in the premises as are not parties to the agree-ment referred to in paragraph (a) of this subsection as thearbitrator thinks fit and any such other person to whoma notice is so given shall be deemed to be a party tothe reference.

(c) Any award made in pursuance of this subsectionshall be binding on all persons who are or are deemedto be parties to the reference,Removal of 108. Proceedings with respect to a building orroof not to structure shall not be affected by the removal or fallingin of any roof or covering thereof.

Tribunal of appeal.Constitution 109.(1) For the purposes of the London Building&c. of Acts a tribunal of appeal shall be constituted in accord-tribunal of ance with the following provisions :appeal. (a) A panel of fit persons (not being membersor officers of the Council) shall be formed andsuch panel shall consist of six persons one personbeing nominated by each of the followingThe Secretary of State;The Royal Institute of British Architects;The Chartered Surveyors' Institution;The Institution of Civil Engineers;

The Institution of Structural Engineers; andThe London Master Builders' Association;

(b) The person to be nominated by the Secretary ofState shall be a barrister or a solicitor;(c) The persons to be nominated a.s aforesaid shallbe nominated to the panel for a period of threeyears;(d) The persons on the panel shall appoint oneof their number who shall in respect of eachappeal to be heard and determined by thetribunal of appeal select from the panel threepersons (one of whom shall be the personnominated by the Secretary of State) to hearand determine the appeal and the three personsso selected shall for the purposes of that appealconstitute the tribunal of appeal:

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Oh. xcvii. London Building Act8 2 & 3'GEo. 6.(Amendment) Act, 1939.

XI. (2) Such office accommodation as may be necessarycont. for the purposes of the tribunal of appeal shall beprovided by the Council:Provided that nothing in this subsection shallprejudice the continuance of any arrangements foroffice accommodation entered into by the tribunalof appeal constituted under the Act of 1930 before thepassing of this Act or with the consent of the Couiicilbetween the passing of this Act and the commencementthereof until the termination of such arrangements.Professional 112. The tribunal of appeal may obtain suchadvice &c. professional advice and assistance as they may findfor tribunal necessary.of appeal.Register 113.(1) The tribunal of appeal shall keep aand pubil. register of their decisions on appeals under the Londoncation of Building Acts or any byelaws made in pursuance of thoseActs and the register shall be kept at the County Hallappeal. and shall at all reasonable hours, be open to publicinspection without payment.

(2) The Council may if they deem it expedientso to do publish in any manner they think fit any ofthe decisions of the tribunal of appeal on appeals underthe London Building Acts or any byelaws made inpursuance of those Acts.

Power for 114. The Council may defray the expenses ofCouncil to supporting before the tribunal of appeal by counselsolicitor or agent and witnesses any decision of thebefore Council or of the superintending architect or of theirtribunal ofappeal. engmeer or of a district surveyor.Jurisdiction 115.(1) The tribunal of appeal shall subject toof tribunal the provisions of this Act have jurisdiction and powerof appeal. to hear and determine appeals referred to them under

the London Building Acts or any byelaws made inpursuance of those Acts.(2) For all purposes of and incidental to the hearingand determination of an appeal the tribunal shall subjectto any regulations as to procedure duly made have powerto hear the Council and the parties interested eitherin person or by counsel solicitor or agent as they thinkfit and to administer oaths and to hear and receiveevidence and to require the production of any documents94


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Ch. xcvii. London Building Acts 2 & 3 GE0. 6.(Amendment) Act, 1939.PART XI. (4) Upon such an application the case shall be statedcont. by the tribunal within three months after the date of theapplication.

(5) A case shall be deemed to be stated in accord-ance with this section if it is signed by every memberof the tribunal who constituted the tribunal for thepurposes of hearing the appeal or in the event of thedeath or retirement or incapacity by reason of illnessor other unavoidable cause of any of such membersif it is signed by the remaining members.(6) The case shall be set down heard and determinedin the manner prescribed by rules of the court madeor having effect as if made in pursuance of the Supreme15 & 16 Court of Judicature (Consolidation) Act 1925 as if itCeo. 5.0.49. were a case stated in pursuance of the SummaryJurisdiction Acts.

Regulations 117. The tribunal of appeal may subject to theas to pro- approval of the Lord Chancellor make regulationsSfld consistent with the provisions of this Act as to theees. procedure to be followed in cases of appeal to thetribunal including the time and notice of appeal andas to fees to be paid by appellants and other parties.Enforce- 118. Any order of the tribunal of appeal may bemeat of enforced by the High Court as if it had been an orderdecision of of that court.tribunal.Fees and 119. All fees and sums of money paid to or retainedexpenses of by the tribunal of appeal shall be paid by them to thetribunal. Council and the salaries or fees payable to members ofthe tribunal and the office and establishment expensesof the tribunal and expenses incurred by the tribunaland the Council in reference thereto shall be defrayedby the Council.Existing 120. The tribunal of appeal constituted under thetribunal to Act of 1930 shall remain in office and shall be there;ainm tribunal of appeal until the tribunal of appeal isorerilym constituted in accordance with this Act and thereuponthe first-mentioned tribunal of appeal shall be dissolved.

Notice,8 &c.Notices &c. 121. Notices orders and other such documentsto be in under the London Building Acts or any byelaws madewntmg. in pursuance of those Acts shall be in writing.

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2 & 3 GE0. 6. London Building Acts Ch. xcvii.(Amendment) Act, 1939.122.-(1) Subject to the provisions of subsection (2) PART XI.of this section any notice order or other suchdocument which the Council or a local authority are AuthentF.cation ofauthorised or required by or under the London Buitding documents.Acts or any byelaws made in pursuance of those Actsto give make or issue may be signed on behalf of theCouncil or the local authority by the clerk of the Councilor the town clerk or by any other officer of the Councilor of the local authority authorised by them in writingto sign documents of the particular kind or the particulardocument as the case may be.(2) Except as otherwise expressly provided in theLondon Building Acts any document being a consentsanction approval disapproval or refusal by the Councilfor the purposes of the London Building Acts or anybyelaws made in pursuance of those Acts or anymodification or waiver by the Council of the provisionsof those Acts or byelaws shall be signed by thesuperintending architect.(3) Any notice order or other such documentpurporting to bear the signature of the clerk of theCouncil or of a town clerk or of the superintendingarchitect or of any officer stated therein to be duly

authorised by the Council or the local authority to signsuch a document or the particular document as the casemay be shall be deemed until the contrary is proved tohave been duly given made or issued by the authorityof the Council or the local authority as the case may beand any such notice order or document may be provedby the production of a copy thereof.(4) In this section the word "signature" includes afacsimile of a signatttre by whatever process reproduced.123. Any notice order or other document authorised Service ofor required by or under the London Building Acts or any noticei &c.byelaws made in pursuance of those Acts to be given OoUflCul

delivered or served to or upon the Council the local and others.authority the superintending architect or the districtsurveyor shall be addressed to the Council the localauthority superintending architect or the district sur-veyor as the case may be and left at or sent by post ina prepaid letter to the office of the Council local authoritysuperintending architect or district surveyor as the casemay be. 97


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Ch. xcvii. London Building Acts 2 & 3 Gao. 6.(Amendment) Act, 1939.FART XI. 124.(1) Subject to the provisions of this sectioncont. and of section 125 (Szrvice of documents relating todangerous or neglected structures) of this Act any notice

by Council order or other document (in this section referred to as aand others "document ") authorised or required by or under theLondon Building Acts or any byelaws made in pursuanceof those Acts to be served by or on behalf of the Councilor a local authority or by the superintending architector the district surveyor or any other person on anyperson shall be deemed to be duly served(a) where the person to be served is a companyif the document is addressed to the secretary ofthe company at its registered office or at itsprincipal office or place of business and iseither

(i) sent by post in a prepaid letter; or(ii) delivered at the registered office or atthe principal office or place of business of thecompany;

(b) where the person to be served is a partnershipif the document is addressed to the partnershipat their principal place of business identifyingthem by the name or style under which theirbusiness is carried on and is either

(i) sent by post in a prepaid letter; or(ii) delivered at the said place of business;(c) where the person to be served is a public bodyor a corporation society or other body if thedocument is addressed to the clerk secretarytreasurer or other head officer of that body.corporation or sOciety at its principal office or (ifthere is no office) at the premises to which thedocument relates and is either

(i) sent by post in a prepaid letter; or(ii) delivered at that office or the premisesas the case may be;

(d) where the person to be served is a builder if thedocument is addressed to the builder at theplace o

Documents

London Building Acts (Amendment) Act 1939