(14) Greenhouses if not attached to other buildings: (16) Cases of metal and glass used solely for holding (17) Openings made into walls or flues for the purpose of inserting therein ventilating valves of a superficial extent not greater than forty square inches if such valves are not nearer than twelve inches to any timber or other combustible material. If any addition be made to any building or structure specified in sub-sections (10) (11) or (12) whereby any increase is caused in the area height or extent of any such building or structure beyond the area height or extent mentioned in the sub-section in which any such building or structure is specified the Council may give notice to the owner or occupier of such building or structure either to remove such addition or to make the building so increased in height or extent conform with all or any of the provisions of this Act and with any byelaws under this Act relating to the construction of buildings and upon his failing to do so within fourteen days from the service upon him of such notice the Council may remove such addition to the building or structure and may recover the expenses of such removal of a building. The term does not, however, include a wall constructed on the land of one owner, the footings only of which project into the lands of another owner. Note to subsect. (14).—A conservatory constructed of wood and glass and erected over the portico of a house was held, under the previous Acts, to be a building or structure within the meaning of those Acts, and therefore its erection in advance of the general line of buildings in a street was held to be prohibited by sect. 75 of the Metropolis Management and Building Amendment Act, 1862. See Brutton v. the Vestry of St. George's, Hanover Square, L. R. 13 Eq. 339; 41 L. J. Ch. 134; 25 L. T. (N.S.) 552; 20 W. R. 84. The inference from the exemptions contained in this and the two following subsections is that such an erection will be subject to the provisions of the present Act, unless it comes within the exemptions contained in one or other of these subsections. 57 & 58 Vict. c. ccxiii. s. 201 (14-17). 57 & 58 Vict. from the owner or occupier so making default in a summary manner. c. ccxiii. ss. 202, 203. Exemption of Government build ings. As to build ings for the supply of electricity. 202. There shall be exempted from so much of the provisions of this Act as relates to buildings and structures Every building structure or work vested in and in the occupation of Her Majesty Her heirs and successors either beneficially or as part of the hereditary revenues of the Crown or in trust for the public service or for public services; also Any building structure or work vested in and in the occupation of any department of Her Majesty's Government or of the Metropolitan Police or of the trustees of the British Museum for public purposes or for the public service; also Any building structure or work vested in and occupied for the service of the Duke of Cornwall for the time being. Buildings in the occupation of the Crown.-Buildings which are in the occupation of servants of the Crown, for the purposes of the Crown, are in the occupation of the Crown. A building used as the armoury and headquarters of a militia regiment was therefore held to be 'employed for Her Majesty's use or service,' and exempt from the operation of the Metropolitan Building Act, 1855; Reg. v. Jay, 8 E. & B. 469; s.c. sub nom. Jay v. Hammon, 27 L. J. M. C. 25; sub nom. Jay v. Hammond, 30 L. T. (0.s.) 133; 6 W. R. 41; 22 J. P. 527. The effect of the Volunteer Act, 1863 (26 & 27 Vict. c. 65), being to make volunteers servants of the Crown, buildings occupied by them and used for volunteer purposes will also be within the exemption, see Pearson v. the Assessment Committee of the Holborn Union (1893), 1 Q. B. 389; 5 R. 270; 62 L. J. M. C. 77; 68 L. T. (N.S.) 351; 57 J. P. 167. 203. Where a local authority or a company has statutory powers for the supply of electricity in any metropolitan district the buildings of such local authority or company used as a generating station or for works. shall be deemed to be special buildings to which the general provisions of Parts V. VI. and VII. and the First and Second Schedules of this Act do not apply and plans thereof shall be submitted to the Council for their approval and the Council shall have power to authorise the buildings to be erected of greater dimensions than two hundred and fifty thousand cubic feet and in other re spects to exempt such buildings from any of the provisions 57 & 58 Vict. of this Act if they think fit. Special buildings. This exemption will only endure so long as the buildings retain the character which causes them to be exempt; see sect. 206, post. 204. The lands buildings and property of (1) The Honourable Society of the Inner Temple; (2) The Honourable Society of the Middle Temple; (3) The Honourable Society of Lincoln's Inn; (4) The Honourable Society of Gray's Inn; herein called the Inns of Court' shall be exempt from the operation of this Act. Provided that in respect of any building structure or land which abuts upon any public street public place or public way the Inns of Court shall be subject to the provisions of Part III. of this Act (Lines of Building Frontage). 205. In addition to any exemption referring to gas companies contained in this Act nothing in this Act contained shall in any way take away alter prejudice or affect any of the powers rights and privileges conferred upon a gas company by any Act of Parliament and as existing immediately before the passing of this Act. c. ccxiii. Exempting lands buildings and property of Inns of Court. Saving rights of gas. 206. Any building structure or work in any respect Duration of exempt from the operation of this Act or in any manner exemption. privileged in respect of any provision of this Act shall remain so exempt or privileged so long only as it is used for the purpose or retains the character by reason whereof it is so exempt or privileged. 'Building, &c.'-See as to this and the following sections the definition of new building' in sect. 5 (6), ante, p. 11; and the Instructional Letter of the 15th December, 1894, in Appendix IV., Pt. II., post. not to be altered so as not to con 207. It shall not be lawful (unless with the consent Buildings of the Council) to make any alteration of any building in such manner that when so altered it will by reason of such alteration not be in conformity with the provisions of this Act applicable to new buildings. 'Building.'-See the note to sect. 206, supra. form to Act. &c. to be 208. Unless in any case the Council otherwise allow When rewhere a party wall or external wall not in conformity mainder of with this Act has been taken down burnt or destroyed party wall to the extent of one half thereof (measured in superficial taken down. feet) every remaining portion of the old wall not in conformity with this Act shall either be made to conform therewith or be taken down before the rebuilding thereof. 57 & 58 Vict. c. ccxiii. SS. 209-21I. Additions to and alterations of buildings. Application of Act to buildings erected before commencement of Act. Rules as to conversion of buildings. 'Party wall. This expression is defined by sect. 5 (16), ante, p. 17. It was held by one of the Metropolitan Magistrates sitting at the Thames Police Court on the 12th February, 1895, that when a building upon one side of a party wall had been pulled down to an extent which made its re-erection the erection of a new building under sect. 5 (6), ante, p. 11, but the party wall, although it was not in conformity with the Act, was pulled down to an extent less than one-half of its superficial area, the party wall might be reinstated in its former condition. Watkins 6 v. Crow, The Builder,' vol. 68, p. 171. This decision was subsequently followed by another of the Metropolitan Magistrates in proceedings with respect to the same wall, who held that sect. 5 (6), ante, p. 11, was prevented from applying to a party or external wall by sect. 208. Redhouse v. Crow, 'The Builder,' vol. 68, p. 247. External wall. This expression is defined by sect. 5 (15), ante, p. 17. 209. Every addition to or alteration of a building and any other work made or done for any purpose in to or upon a building (except that of necessary repair not affecting the construction of any external or party wall) shall so far as regards such addition or alteration or other work be subject to the provisions of this Act and of byelaws thereunder relating to new buildings. 'Additions, &c.'-An addition or alteration to a building itself exempt from the operation of the Act, is not subject to the provisions of the Act; see The North Kent Railway Company v. Badger, ante, p. 155. It has been held that taking out an old door-frame in an external wall, substituting a new door-frame, and reinstating decayed brickwork round the doorway, but without enlarging the doorway, is not doing work affecting the construction of an external wall; Badger v. Denn, 22 J. P. 129. See also the note to sect. 206, ante. 210. A building structure or work erected or constructed before the commencement of this Act to which no objection could have been taken under any law then in force shall (subject to the provisions of this Act as to new buildings or the alteration of buildings) be deemed to be erected or constructed in compliance with the provisions of this Act. Building, &c.'-See the note to sect. 206, ante. 211. Unless in any case the Council otherwise allow no person shall— (1) convert into or use as a dwelling-house any building or part of a building not originally constructed for human habitation; (2) convert into one dwelling-house two or more 57 & 58 Victdwelling-houses constructed originally as sepa rate dwelling-houses; (3) convert into or use as two or more dwellinghouses any building constructed originally as one dwelling-house; (4) convert a building which when originally erected was legally exempt from the operation of any building enactments or byelaws in force within London into a building which had it been originally erected in its converted form would have been within the operation of these enactments or byelaws; (5) re-convert into or use as a dwelling-house any building which has been discontinued as or appropriated for any purpose other than a dwelling-house; (6) convert into or use as a dwelling-room or part of a dwelling-room any room or part of a room used as a shop; or (7) convert a dwelling-house or any part of a dwellinghouse into a shop; in such manner that the building or part of a building so converted as aforesaid when converted will not be in conformity with the provisions of this Act relating to the class of buildings to which the building when so converted will belong. Building, &c.'--See the note to sect. 206, ante. 'Penalty.'-The penalty for breach of the provisions of this section is that prescribed by sect. 200 (12), ante, p. 292. c. ccxiii. 212. Notwithstanding anything contained in this Act Buildings in a building structure or work which has been commenced progress. before and is in progress at the commencement of this Act or which is to be carried out under any contract entered into before the passing of this Act may be completed subject to and in accordance with the provisions of the Acts relating thereto as in force immediately previous to the passing of this Act. 'Building, &c.'-See the note to sect. 206, ante. The commencement of a building within sect. 212 includes any work which it is the duty of the district surveyor to survey, and which shall have been commenced pursuant to notice duly given under sect. 38 of the Act of 1855. See the Instructional Letter of 15th December, 1894, in App. IV., Pt. II., post. 'Contract.'-The Building Act Committee have been advised that a distinction is to be drawn under this section |