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An Act to consolidate and amend the Law relating to
Buildings in the City of Adelaide and other
Municipalities and Districts, and for other pur-

BE

poses.

[Assented to, December 6th, 1923.]

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

PART I.
INTRODUCTORY.

1. This Act may be cited as the "Building Act, 1923."

2. The provisions of this Act are arranged as follows:

PART
PART

1.- Introductory :

11.-Builders to furnish Plans and to comply with
certain Requirements:

PART III.-Preventing Obstruction of Streets by Building:
PART IV. Special and Temporary Buildings and Wooden
Structures:

PART

v.-Rights of Building and Adjoining Owners:

PART VI.-Dangerous and Neglected Structures:

PART VII.-Surveyors:

PART VIII.-Building Referees:

PART

PART I.

Short title.

Arrangement of Act.

PART 1.

PART

Application of Act.

Commencement of

Act.

Interpretation.

Building Act.-1923.

-By-Laws and Regulations:

PART X.-Legal Proceedings:

PART XI.-Miscellaneous:

PART XII.-Provisions applying only in the City of Adelaide.

3. (1) This Act shall apply to all places within—

(a) the Municipality of the City of Adelaide;

(b) every Municipality and every District to which the Governor before the passing of this Act has, by proclamation made under the Building Act, 1881, or the District Councils Act, 1914, or any Act thereby repealed, directed the Building Act, 1881, to apply, or declared that the provisions of that Act and any amendments thereof shall apply; and

(c) every Municipality and every District within which the Governor, after receipt of a petition from the Council of such Municipality or District declares, by procla mation, that this Act shall apply.

(2) Notwithstanding anything in subsection (1) hereof the Governor may, by any proclamation thereunder, if so prayed by such petition as aforesaid, declare

(a) that this Act shall apply within such portion of a Municipality or District as is specified in the proclamation;

or

(b) that such portions of this Act as are so specified shall apply within the Municipality or District or the specified portion thereof,

and in such case this Act shall apply only to the extent so declared.

4. This Act shall come into force

(a) within the Municipality of the City of Adelaide, and the Municipalities and Districts referred to in subsection (b) of subsection (1) of section 3, on the first day of July, nineteen hundred and twenty-four; and

(b) within any other Municipality or District or portion of a Municipality or District, on the day fixed in that behalf by the proclamation whereby it is declared that this Act shall apply therein.

5. In this Act, unless inconsistent with the context or subject matter, or some other meaning is clearly intended—

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Adjoining occupier " means the occupier, or one of the occupiers, of land, buildings, storeys, or rooms adjoining those of the building owner:

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'Adjoining

Building Act.-1923.

"Adjoining owner means the owner or one of the owners, of land, buildings, storeys, or rooms adjoining those of the building owner:

"Area" applied to a building means the superficies of a horizontal section thereof made at the point of its greatest surface inclusive of the external walls and of such portions of the party walls as belong to the building:

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Base," as applied to a wall, means the underside of the course immediately above the footings (if any), or, in the case of a wall carried on a bressummer, above such bressummer: "Basement storey" means any storey of a building which is under the ground storey :

"Builder" means the master builder or other person employed to build or to execute any work on a building or structure, or if there is no master builder or other person so employed, or if such master builder or other person is unknown or cannot be found, then the owner of the building or other person for whom or by whose order such work is to be done or has been done:

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Building of the warehouse class" means a warehouse, factory, shop, 'workshop, manufactory, brewery, distillery, livery stable, or garage, and any other building which is used or constructed or adapted to be used for any like purpose: "Building owner" means such one of the owners of adjoining lands as builds or is desirous of building, or such one of the owners of buildings, storeys, or rooms separated from one another by a party wall or party structure as does, or is desirous of doing, a work affecting that party wall or party structure: "By-law" means a by-law made under this Act by the particular Council:

"Clerk" means the Town Clerk of the particular Municipality
or the District Clerk of the particular District:

"Commencement of this Act" means, with respect to any particular
Municipality or District or portion of a Municipality or Dis-
trict, the day on which this Act comes into force therein:
"Council" means the Council of the particular Municipality or
District:

"Cross wall" means any internal wall not being less than
two-thirds of the thickness of the external or party walls,
built in connection with external or party walls, and bonding
them together:

"Cubical extent" applied to the measurement of a building
means the space contained within the external surfaces of its
walls and the upper surface of the floor of its lowest storey
and the topmost ceiling, or the level of the top of the roof
plate when there is no ceiling:
"District"

PART J.

PART 1.

No 1182 of 1914.

Building Act.-1923.

"District" means a district as defined by the District Councils Act, 1914:

"Divisional wall" means any wall (other than an external or party wall) subdividing any floor of a building and carrying any load in addition to its own weight:

"Domestic building " includes a dwelling-house, shop and dwelling-house (where the shop does not exceed fifty per cent. of the ground floor area), office, hotel, lodging-house, refuge, shelter, or club, also a stable, workshop, or garage in connection with domestic buildings, and any other building not being a public building or a building of the warehouse class: "Dwelling-house" means a building used, or constructed or adapted to be used, wholly or principally for human habitation:

"External wall" means an outer wall or vertical enclosure of any building, not being a party wall:

"Fire resisting," used with reference to materials, means any of the materials which, by the Seventh Schedule, it is provided shall be deemed to be fire-resisting materials for the purposes of this Act:

"First storey" means that storey of a building which is next above the ground storey, the successive storeys above the first storey being the second storey, the third storey, and so on to the topmost storey:

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Footing" means the offset below the base of a wall, pier, column, or the like, to distribute the load on the foundations : "Foundation" applied applied to a wall means the solid ground or artificially formed support:

"Frame construction" means a form of construction in which the design provides that the vertical forces due to the weight of the structure itself and the internal loading are carried down to the foundations by means of columns in such manner that the walls are not required to assist in supporting such loads:

"Ground storey" means that storey of a building to which there is the principal entrance from the outside on or near the level of the ground, and where there are two such storeys, then the higher of the two, but no storey of which the upper surface of the floor is more than six feet below the level of the adjoining pavement shall be deemed to be the ground storey:

"Height," in relation to any building, means the measurement taken from the level of the footway (if any) immediately in front of the centre of the face of the building, or, where there is no such footway, from the level of the ground to the level of the top of the parapet or eaves:

"Height,"

Building Act.-1923.

"Height," in relation to storeys, means

(a) in the case of the topmost storey, the measurement between the floor and the ceiling thereof, or between the floor and the under surface of the tie of the roof, or, if there is no tie, then up to the level of half the vertical height of the rafters or other support of the roof:

(b) in the case of every storey other than the topmost storey, the measurement between its floor and the floor above:

"Inhabited," applied to a room, means a room in which some person passes the night or which is used as a living room, and includes a room with respect to which there is a probable presumption (until the contrary is shown) that some person passes the night therein, or that it is used as a living room: "Level of the ground" means the level of the ground as deterrained by the surveyor:

PART I.

"Municipality" means a municipality as defined by the Muni- No. 1558 of 1923. cipal Corporations Act, 1923:

"New building" includes

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(a) any building erected after the commencement of this Act; (b) any building which has been taken down entirely or for more than one-half of its cubical extent, and has been re-erected, or commenced to be re-erected, wholly or partially on the same site, after the commencement of this Act; and

(c) any space between walls and buildings which is roofed, or commenced to be roofed, after the commencement of this Act:

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Occupier" does not include a lodger, and occupy and "occupation" do not refer to occupation by a lodger: "Owner" includes any person in possession or receipt either of the whole or any part of the rents or profits of any land or tenement, or in the occupation of any land or tenement otherwise than as a tenant from year to year, or for any less term, or as a tenant at will:

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Party fence wall" means a wall used or constructed to be used. as a separation of adjoining lands of different owners, and standing on land of different owners and not being part of a building, but does not include a wall constructed on the land of one owner, the footings of which project into the land of another owner:

Party structure" means any partition wall separating vertically, or any partition floor or arch separating horizontally, storeys or rooms in separate occupations approached by distinct staircases or separate entrances from without, or separating a shop from the remaining portion of a building, or separating

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