57 & 58 Vict. c. ccxiii. s. 73. (5) In a street of a width not less than forty feet or to a building the front wall of which is not at a less distance than forty feet from the opposite boundary of the street bay windows to dwelling-houses may be erected on land belonging to the owner of the building notwithstanding the provisions of this Act relating to buildings beyond the general line of buildings in streets provided that such bay windows (a) Do not exceed three storeys in height above the level of the footway; (b) Do not project more than three feet from the main wall of the building to which they are attached; (c) Do not project in any part within the prescribed distance of the centre of the roadway; (d) Are in no part nearer to the centre of the nearest party wall than the extreme amount of their projection from the main wall of the building to which they are attached; (e) Do not taken together exceed in width three-fifths of the frontage of the building towards the street to which such bays face; (f) Are not constructed upon any part of the public way or upon any land agreed to be given up to the public way; and (g) Shall not be used for trade purposes: Bay windows to which the foregoing rules do not apply shall not be erected without the consent of the Council after consulting the local authority: (6) In a street of a width not less than forty feet or to a building the front wall of which is not at a less distance than forty feet from the opposite boundary of the street projecting oriel windows or turrets may be constructed. Provided that— (a) No part of any such projection extend more than (b) No part of any such projection be less than ten (e) Every such projection be constructed to the satis- 57 & 58 Vict. faction of the district surveyor or in the event c. ccxiii. of disagreement to the satisfaction of the superintending architect whose determination shall be final: Oriel windows or turrets to which the foregoing rules do not apply shall not be erected without the consent of the Council after consulting the local authority. (7) The roof flat or gutter of every building and every balcony verandah shop front or other similar projection or projecting window shall be so arranged and constructed and so supplied with gutters and pipes as to prevent the water therefrom from dropping upon or running over any public way: (8) Except in so far as is permitted by this section in the case of shop fronts and projecting windows and with the exception of water pipes and their appurtenances copings string courses cornices facias window dressings and other like architectural decorations no projection from any building shall extend beyond the general line of buildings in any street except with the permission of the Council after consulting the local authority. 'Projections. This section corresponds to sect. 26 of the Metropolitan Building Act, 1855. If a projection from a house is an annoyance in consequence of its 'projecting into, or being made in or endangering or rendering less commodious the passage along any street,' power is given by 18 & 19 Vict. c. 120, sect. 119, Appendix I., post, to the vestry or district board to require the owner or occupier of the house to remove it, and in the case of a projection made before 1855 the vestry or district board may remove it on giving notice to the owner or occupier of the house from which it projects. The vestry or district board must compensate any person who incurs loss or damage by such removal. This enactment impliedly repeals sect. 72 of Michael Angelo Taylor's Act, 57 Geo. III. c. xxix., Fortescue v. Vestry of St. Matthew, Bethnal Green (1891), 2 Q. B. 170 ; 65 L. T. (N.S.), 256, overruling Vestry of St. Mary, Islington, v. Goodman, 23 Q. B. D. 154 ; 61 L. T. (N.S.), 44; Local Govt. Chronicle, 1889, p. 654. By the Metropolitan Police Act, 1839 (2 & 3 Vict. c. 47), sect. 60, subs. (7), a penalty is imposed on any person setting up or continuing any pole blind, awning line, or other projection, from any window, &c., so as to be an annoyance or obstruction to any thoroughfare. It was held that a magistrate, in proceedings taken under that section, was right in rejecting as irrelevant evidence that persons were, and that other persons s. 73. 57 & 58 Vict. c. ccxiii. S. 74. Separation were not, in fact, incommoded by the projection. Read v. Applications for the consent of the Council to the erection, &c., of projections prohibited by sect. 73 are to be made in accordance with No. II. (2, 8) of the Regulations of Jan. 1, 1895, in App. III., Pt. II., post. See also the Standing Orders of the Council in App. III., Pt. I., post; and the diagram on Pl. VI., App. V., post. Barge boards.'-See the note to sect. 61, ante, p. 124. Party wall. This is defined by sect. 5 (16), ante, p. 17. 'Corbelled out.'-See 'corbel,' note to sect. 56, ante, p. 120. 'Tailed into.-See the note, under the heading through,' to sect. 56, ante, p. 121. • Tailed 'External wall This is defined by sect. 5 (15), ante, p. 17. 'Dwelling-house.' - See the definition of this expression in sect. 5 (25), ante, p. 23. Height. The mode in which the height of a building is to be measured is prescribed in sect. 5 (21), ante, p. 22. 'Prescribed distance.'-This is defined by sect. 5 (5), ante, p. 10. 'Centre of the roadway.'-This is defined by sect. 5 (4), ante, p. 9. 'Street.'-What this expression means and includes is defined by sect. 5 (1), ante, p. 6. post. Way.' This expression is defined by sect. 5 (2), ante, p. 9. 'Bay-windows. See the diagram on Pl. I., App. V., 'General line of buildings. The general line of buildings is to be defined when required by the superintending architect (see sect. 22, ante, p. 77), whose decision is subject to appeal under sect. 25, ante, p. 84. 'Local authority.'-This is defined by sect. 5 (42), ante, p. 39. 'Penalties.'-See the note to sect. 53, ante, p. 116. 74. (1) Every building shall be separated either of buildings. by an external wall or by a party wall or other proper party structure from the adjoining building (if any) and from each of the adjoining buildings (if more than one). (2) In every building exceeding ten squares in area used in part for purposes of trade or manufacture and in part as a dwelling-house the part used for the purposes of trade or manufacture shall be separated from the part used as a dwelling-house by walls and floors constructed of fire-resisting materials and all passages staircases and other means of approach to the part used as a dwelling-house shall be constructed throughout of fire-resisting materials The part used for purposes of trade or manufacture shall (if extending to more than two hundred and fifty thousand cubic feet) be subject to the provisions of this Act relating to the cubical extent 57 & 58 Vict. of buildings of the warehouse class: Provided that there may be constructed in the walls of such staircases and passages such doorways as are necessary for communicating between the different parts of the building and there may be formed in any walls of such building openings fitted with fire-resisting doors. (3). In every building exceeding twenty-five squares in area containing separate sets of chambers or offices or rooms tenanted or constructed or adapted to be tenanted by different persons the floors and principal staircases shall be of fire-resisting materials: But this provision shall not entitle the district surveyor to charge for the inspection of each set of chambers as a separate building. 'Separation of buildings.'-With regard to the rights which the Act confers upon the owner of land in respect to the erection of walls upon the line of junction between his and the adjoining lands, and in respect to party walls, see Part VIII. of the Act, post, p. 163. 'External wall. This expression is defined by sect. 5 (16), ante, p. 17. 'Party wall.'-For the definition of this expression see sect. 5 (17), ante, p. 20. 6 Party structure' is defined by sect. 5 (21), ante, p. 22. 'Squares.-The expression 'square' is defined by sect. 5 (23), ante, p. 22. Area' is defined by sect. 5 (22), ante, p. 22. 'Dwelling-house.'-This expression is defined by sect. 5 (25), ante, p. 23. Fire-resisting materials.'-By sect. 5 (36), ante, p. 36, this expression means any of the materials and things described in the second schedule to the Act.' 'Buildings of the warehouse class.'-These are the buildings mentioned in sect. 5 (28), ante, p. 25, the provisions relating to the cubical extent of which are contained in sect. 75, infra. 'Inspection by district surveyor.'—Under sect. 146, post, p. 236, the district surveyor is empowered to inspect any work affected by the provisions of the Act in order to secure the due observance of such provisions, and under sect. 154, post, p. 244, he is entitled to the fees specified in the third schedule to the Act. 'Penalties.'-See the note under this heading to sect. 53, ante, p. 115. c. ccxiii. s. 75. 75. Except as in this section provided no building of Cubical the warehouse class shall extend to more than two extent of buildings. hundred and fifty thousand cubic feet unless divided by party walls in such manner that no division thereof L 57 & 58 Vict. extend to more than two hundred and fifty thousand c. ccxiii. s. 75. cubic feet. No addition shall be made to any building of the warehouse class or to any division thereof so that the cubical extent of any such building or division shall exceed two hundred and fifty thousand cubic feet. The restriction contained in this section upon the cubical extent of a building shall not apply to any building which being at a greater distance than two miles from Saint Paul's Cathedral is used wholly for the manufacture of the machinery and boilers of steam vessels or for a retort-house or the manufacture of gas or for generating electricity provided that such building consist of one floor only and be constructed of brick stone iron or other incombustible material throughout and shall not be used for any purpose other than such as herein before specified Every such building shall for the purpose of the provisions of this Act with respect to special buildings be deemed to be a building to which the general rules of this Act are inapplicable. 'Buildings of the warehouse class.'-These are the buildings enumerated in sect. 5 (28), ante, p. 25. 'Cubical extent.'--This expression is defined by sect. 5 (24), ante, p. 23. The Council had power, under the now repealed sect. 29 of the London Council (General Powers) Act, 1890 (see Sch. IV., post), to consent to the erection of a warehouse or building for the purposes of trade or manufacture not involving the use of explosives with a cubical extent of 450,000 ft. The Metropolitan Building Act (Amendment), 1860, which is also repealed by the present Act, exempted from the corresponding section of the Metropolitan Building Act, 1855, buildings constructed of incombustible material situate beyond the distance of three miles from St. Paul's Cathedral, and used only for the manufacture of machinery and boilers for steam vessels. Such buildings, if of greater dimension than 216,000 cubic feet, were subject to the approval of the Metropolitan Board of Works, and subsequently of the Council, in the same manner as iron buildings, or buildings to which the rules of the Metropolitan Building Acts were inapplicable. For the provisions of the present Act with respect to buildings to which the general rules of the Act are inapplicable, see sect. 82, post, p. 155. The Council is empowered by the following section to consent to buildings to be used for any trade or manufacture containing additional cubical extent to that prescribed by this section in certain cases. 'Penalties.'-See the note under this heading to sect. 53, ante, p. 115. |