Building Act 1881 (SA)

A.D. 1881.
No. 208.
An Act for re ulating Buildin S and Party Walls in the

City o B Adelaide and ot \

er Municipalities.

[Assented to, November 18th, 1881.1

HEREAS it is expedient for the safety, health, and comfort of Prsmthle.
W the inhabitants of the City of Adelaide and other rnuniei- palities, ancl the security of property therein, that provision should
be made for the better regulation of buildings and party walla, and for the prevention of mischiefs by iirs in the said city alid other municipalities-Re it therefore enacted by the Governol. of the Province of South Australia, with the advice md consent of the Legislative Council and House of Assembly of the said province, in this present Parliatnent assembled, as follows;

chapel, or place of irclrsllip : nlso, wery building med

for

A-209.

PRELIMINARY.

P ~ E L I N I S A R Y.

1. This Act may be cited for all purposes as '' 'i'hc Building

L sort title.

Act, 1881."

2. Section 173 of

The Municipal corporation^ Act, 1880," is

hereby repealed.
3. This Act shall, except in cases where it ir otherwise expressly ~ ~ ~ e e w r ~ t
provided, come into operation on the first day of Jom~ary, one
thousand eight hundred and eighty-two.
4. I n the construction of this Act (if not inconsistent with the Definiti~s.
context), the following terlns shall have the respective rnesnings
hereinafter assigned to them, that is to say-
" Public buildings " shall menil erery building used as a church,
4.4' & 45" VICTORIA?, No. 208.
The Buikdiorg Act.-1881.
for purpmes of public instruction; also every building used ris a college, public hall, hospital, theatre, ublic concert-room,

public ballrom, public lectureroom, pub ic exhi bi tion-room,

or for tmy other public purpose:

G Xxte~pal wall" shall apply to every outer wqll or vertical en- closure of any building not being a party wall;

'' Fartv wall "

shall

i \ l > ~ l \ fo

C Y ~ W wa11

3: 1""

i"111~2.'. . j~vJ )u;

ll1i.i:;

fritm 3 ~ y

.otf:t-ls

I r~~ldlug

w t i i

\.ic.\\

t l l c

hi i l i l t,

k ) i ' i ) ~g

separately occupied; but if from any cause whatever the said wall should cease to separate such building, such wall shall thereupon become an external wdl or a partition, as the case
may be :
&Cross wall " ehall apply to every mall used or built in order to be used m a separation of one part of any building from another part of the same building, such building being wholly in one occupation:

Party stlzlcture " ~ h d l

include party walls, and dlso partitions,

arches, floors, and other structures separrtting buildings storeys, or rooms, which belong to different owners, or which are approached by distinct staircases or separate entrances
from without :

The

area '"of

erery building shall be deemed to be the super

ficies of R horizontal section of such building made at the point of its great surface, including the external walls and such portiou of the party walls as belong to ihe building, but
excluding an attached building, the height of which does not
exceed the height of thc ground story:
The base of the wall " shall mean the course immediately above the fwtings:
Owner " &hall apply to every person in poswssion or receipt

either of the whole or any part of

the rents or pr~5ts

of any

land or messuage,-or in the occupation of such land or mes-

sunge other than as a tenant from year to year, or for any less

term, or as B. tenant at will:

Builder " shall apply to and include the master-builder or other
person employed to execute or who actually executes any

work U P O ~

any building:

Surveyor " shall mean every such surveyor or inspecting officer ae is appointed in pursuance of this Act, and shall include any deputy or assistant surveyor or inspecting officer appoiated under this Act:

fi City of Adelaide " or

city " shall mean and i tlclude any city

or town incorporatrd under the Municipal Corporations
Act, 1861, fi 'l he Municipal Col-porations Act, 18130," or
any amendment thereof:
Council" shnll mcan and include the Council of any municipdity
incorporated
4 4 O & 45" VICTOKIW, No. 208.
The Building Act.--1.881.

incorporated undcr the Municipal Corpolations Act, 186 1,

P n ~ r ~ ~ ~ ~ m n r.

'' The Municipal Corporntions Act, 1880," or any amend-

ment thereof:

A building " shall be deemed to be

new " whenever theenclosing

walls thereof'have not been carried higher than the footings, previously to the said first day of January, onc thousand eight hundred and eighty-two; any other buildil~g shall be deemed to be an old building.
Limits qf' Act.
5. This Act shall extend to a11 places within the limits of m y Extmtof Act.

city or town incorporated under the Municipal C~orpor~tions Act, 1861, " The hhnicipal Corporations Act, 1880," or any amendment thereof, according as such limits tire deliueated in the maps and plans of such city or town iri the officc of the Survq-or-General of

sonth ~ustmlia, ' to which city or town the Governor, by Pmclama-

tion in the Goccrnment Gazvt&, may, after receipt of a petition from

the Council of m y such city or town, direot this Act to npply.

6, This -4ct shall bc divided into Four Parts-.	Diuitim of ~ c t	ioto
I. The First Part relating to the Regulation n r d Supervision of

Buildings:
1 1. The Second Part relating to L)angerons Structures:
111. The 'L'hird Part relating to Party Structures:
rv, The Fourth Part relating to Miscellmeous Provisions,

PL4H'I' I.

I'nnr

REGULA'I'ION AND SUPERVISION OP BtJILUTNGS,

7. The following buildings and works shall be exempt from the Exemptions.

operation of the first part of this Act-

B~itlges, piers,

jettie~,

cmbankrnents, fence malls, rctniniog walls:

All party fence walls nntl greenliouses,

so far as i ~ ~ g i ~ r d s

the no-

cesswry woodwork of the sashes, doors: and fmncs:
All buildings the property of IIcr Majesty wit,hin the limits of
this Act:
Openings made into walls or floes fix thc p u r p w of inserting therein \ten tiltiting valves of a supcrficinl estcn t uot grcater than forty square inches, if such valvrs are not nearer than nine itlchcs to nuy timber or othcr combusti!~lc ~~li\terial.
44' & 4s0 VICTORIsE, No. 208.
9. Any alteration, addition, or other work made or done for any
purpose, except that of nwessarry repair not affecting the construction
of any external or party wall, in, to, or upon any old bnilding, or in, to, or upon any new building, after the roof hns been covered in, shall, to the extent of such alteration, addition, or work, be subject to the regulations of this Act; and whenever meution is herein- after made of m y alteration, addition, or work, in, to, or upon any building, it ehal!, unless the contrary appws from the context,
be deemed to imply an alteration, addition, or work to which this
Act applies.
10, Whenevsr miy old building has been taken dawn to an extent exceeding one-half of such building, such half to be measured jn cubic feet, the wbuilding thereof shall be deemed to be the erection of a new bnilding; and every portion of such old building
that ie not in conformity with the regulations of this Act shall be
forthwith taken down, if the Council so direct.

Krtitianr of timber

11, Whenever any old buildings are separated by timber or other

~ h 6 l l

removed.

partitions not in conformity with this Act, then, if such partitions axe removed to the extent of one-half thereof, such buildings shall, as respects the separation thereof, Le deemed to be new buildings, itnit be forthwith divided from each other in the manner directed by this Act.

'CoartnrctSundw.U"

12. Walls shall be constructed of such substances and of such thickness, and in such manlier as are mentioned in the First Schedule hereto.

Recesses and

Open in9 S.

B~bastowcsasrs

13. The following rules shall be observed with respect to recesses

-4 opsninP

,,A

and openings in walls-

Reccme~

aud openings may be made in external walla, provided-

I. That the backs of such recesses are not of less thickness than eight and achalf inches, built as one wall.
11. That every recess so formed is arched over at each floor or
.ceiling with m arch having a riae equal to at least one-
eighth of the span; and,
111. 'mat the area of such recesses and openings do not, taken together, exceed two-thirds of the vhole area of the wall in which they are rmde :
r v. That the consent and authority pf the surveyor be first had
and obtained.
Ikcesses Inay be made in party ~valls, provided that-

I. The backs of

such recesses be irot less in thickness than eight

inch- and one-half
x i. 'l'hrtt

44' 4i 45' VICTOKIE, No. 208.

--
Il'lle Building Act.-188 l.

1 1. Th8t eveery recear so formed is arched over at each floor or

I+

ceiling with an arch having a rise equal to at lewt one

.+.

eight% of

the span:

111. That the area of such recesses do not, taken altogether, exceed twt>..thirds of the whole area of the wall of the story in which they are made:
IT. That the consent and authority of the mrveyor be firet had
and obtained:
No opening shall be made in any party wall except in accord- ance with the rules of this Act:
The word a melt," as used in this section, shall mean the area of the verticd face or elevation of the wall, pier, or recese to which it refers.
Miscellaneous.
14, Loophole frames may be fixed within one inch end a-half of ~oapholei-

the face of-any external wall, but all other woodwork fixed in any g$=	-&	-
external walls, except brestsummers and stor y-poats under the same, and frames of doors and windows of ehops on' the ground story of any building, shall be set back four inches at the least from the exiernal fa& of such wall.

15, The following rnles shall be obssrved with respect to brat- R U I ~

to brea

s u m m ~

=a timbers.

snmmer s and timhers-
I. Every brestsummer must have a bearing in the direction of its length of four inches at the least at each end, u p a sufficient pier of brick or stone, or upon an iron story- post fixed on a solid foundation, in addition to its bearing
upon any party wall:

11, Every brestsummer bearing upon any party wall must be	borne by a templet or corbel of stone or iron, tailed	through at least half the thickness of such wall and of the
full breadth of the brestsummer:

111. Every opening, unless spanned by s brestsummer made of wrought iron strong enough, in the opinion of the sur- veyor, to carry the building above it, shall have a relieving arch over it, and the thrust of the arch shall be borne by wrought-iron span bars and cast-iron or freestone skewbacks to receive the whole of the ends of such arch, which, together with the spm-bars, shall be, in the opinion of the surveyor, strong enough to carry the weight over i t:
AV. Hardwood, either jmah or redgum, may be used in foun- dations, but no timber or mood plate shall be built longitudinally into any \m11 above the ground line; and the euds of beams or joist8 bearing on party walls shall be at least two and a-half inches dietant froin the centre

line of ~ w h

party wall?.

16. If

eq" & 45" VICTOKIW, No. 208.
T%e BuiIditlg Act.-1881.

-v.-- - --

A-A--

PAST

If any gutter, any part of which is formed of combustible

Pluapet -

kr be materials, adjoins an external wall, then such wall must be carried

of c~mbustib.ble	eks up BO BB to form B parapet eighteen inches at least above the highest part of such utter, and the thickness of the parapet so carried up level of the under side of the gutter-plate. must be at t f e least eight and a half inches reckoned from the
mat*.

17. Every party wall shall be carried up above the roof, flat, or gutter, of the highest building adjoining thereto, to such height as will eive a distance of fifteen inches, meaaurect at right angles to the s h e of the roof, or above the narr& part of any fiat or gutter, as the case may be; and every party wall shall be carried up above any turret, dormer, lan termlight, or other erection of combustible materids fixed upon the roof or flat of any building within four feet from such p r t y wall, and shall extend at least twelve inches bigher and wider on each side than such erection; and every party wall &all be carried up above any part of any roof opposite thereto,

and dtbin four feet h m

suoh party wall. '

Chawninp*y

18. In a party wall no chase shall be made wider than fourteen

nclr to k

wider than

f- e.	inches, nor more than four and half inches deep from the face of
the walt, nor w, as to leave less tha-n eight and R half iuches in
thickness a t the back or opposite side thereof, and no chase may be made within a distance of seven feet from any other chase on
the same side of the wall.

Hdlarrrtlr.~knr-

19, It shall be ntlowable to use hdlow walls, formed of two

brick walls, not lesa than four inches and a half thick.

The two

walls to be bonded together to the satisfaction of the surveyor.

B b d 8 m o r

20. With reglPlcl to roof coverings in reference to the materials

thereof-

If the external parts of any roof, gutler, or flat of any building, lantern-light, or other erection on the roof or flat of any	or of m y projection therefiorn, and of any turret, dormer,
building, be hereafter built or rebuilt, stripped, ripped, or uncovered, then every such part (except the door frames and doors, window-frame8 and sashes of such turrets, dormers, lantern-lights or other erections, must be covered with slates, iiles, l&, galvanized corrugated iron, glass, artificial stone, or cement, and such excepted parts may be made of such wood as ehall be necessary:

R&+*P~P=~~	And with regard to the roof, flat, and gutter of m y building, and of any projection therdrom, and also balconies, verandahs, and shop-fronts, they must be so arranged ancl conetructed, and so supplied with gutters and pipes as to prevent the water therefrom dripping on to or running over the public
e8W gn#an.

way, and all such rainwater pipes and eavee gutters are to
be t1m1e of metal
21, The

44" & 45' VICTORIE, No. 208.

----A

The Building Act.-1881,

21. The following rules shall be observed as to chimneys and

P*m '*

flues-	Bules to be o k e d
arr to cbimneyr.

r, Chimneys built on corbels of brick, stone, or other incorn- bustible materials may be introduced above the level of the ceiling of the ground story, on walls of not less than tl l irtcwr stxirl a half inches, and if thc work .so corbellcd m t

- -

( 1 I& h,

l #, ) + 1 i w. i c 9

f': ~ l r l

the wall

mow tll:lt! + I t ( 1::.

! 1 1 1 ' v idi, t l i ~ C ibi!~eh m u s t he of w vvr t lc:rti \ ~ t h p ~ l ~ < 3 ~ i; l l to
the projection from the wall, but all other chimneys shall be built on solid foundations, and with footiugs similar
to the footings of the wall against which they are built:
Ir. Chimneys and flues 'having proper doors of not less than nine inches square may bc constructed at any angle; but in every other chimney or flue the angles shall be constructed of an obtuseness of not less than one hundred and thirty degrees:
111. An arch of brick or stone, or a bar of wrought iron, must
be built over the opening of every chimney, to support the
, breast thereof; and if the breast projects more than four
and a half inches from the face of the wall, and the jamb on either side is of less width than seventeen and a half inches, the abutments must be tied in by an iron bar or bars, turned up and down at the ends and built into the jambs for at least eight and a half inches on each side;
IV. The inside of every flue must be rendered, pargeted, or lined
with firemproof piping:
v. The jambs of every chimney must at least be eight and half inches wide on each side of the opening thereof:
VI. The breast of every chimney, a,nd the front, withe, partition,
and back of every flue must at the least be four inches in

thickness:

W I. The back of every chimney opening from the hearth up to
the height of twelve inches above the mantel, must at the least be eight and a half inches thick. The divisions of back-to-back fireplaces in cross walls may be four and n half inches thick:
11. The thickness of the upper side of every flue, when its course

rnnkes with the horizon an angle of less t h ~ n

forty-five

degrees, must be at the least eight and a half inches:

IS.	I<vt:ry chimney-shaft shall be carried up in brick or stnne

work all round at the least four inches thick, to a height
of nut ltw than three feet above the roof, flat, or gutter acljoining thereto, nmtsured at lligl~est points of the line of juuctiou with such roof, flat, or gutter:
X. The brickwork or stonework of any chimney-shaft, except
thnt for thc furllace of any steam-engine, brewcry, dis-
tillery,
44" & 4 5 O VICTOKIiE, No. 208.
--
tiller~, or manufnctory, shall not bc built higher nbovc
the &of, fiat or g n t t ~ r adjoining thmto. me~srired from

the highest point in tllc linc of*

janction with such roof,

flat, or gutter, than n lrei~ht

q u i d to six tilurs the least

width of such ehixaiicy shaft at tllc lcvcl of such liiglie~t
p i u t in the line of junction uuless such Iiimney shaft is built with md bonded to mother chimney-shaft not in tlw same line with the first, or otherwise made socure to the entidaction of the surveyor:
rx. Them shdl be laid level with the floor of every story, before
the opening of every chimney, a slab of stone, or other
incombustible mateiial, at the least twelve inches longer than the width of such opening, atid at the least sixteen inches wide in h n t af the breast thereof:
XII. On every floor above the ground floor, such slab shall be laid wholly on stone or iron bearers, or upon brick
trimmers:
xrri. The hearth or slab of every chimney shall be bedded only on
brick, stone, or other incombustible substance, and shall be
solid for a thickness of six inches at least beneath the
upper surface of such hearth or slab:
xsv. No flue shall he built against any party stiucture unlese a
withe is properly secured thereto, at the lenst four inches
in thickneas :
xv. No chimney breast or shaft, built with, or in, any party wa,ll
shall be rut away unless the surveyor certifies that it can
be done without i~ijuriously affecthg the stability of m y
building:
x v ~. No chimney shaft, jamb, breast, or flue shall be cut into
except for the puipse of repair, or doing some one or more

of the following things- Of letting in, or removing, or altering flues, pipes, or fun-

nels for the conveyance of smoke, hot air, or steam,
or of letting in, removing, or altering smoke-jacks: Of forming openiugs for mt door, such openings to be
fitted with a close iron door and frame :
Of making openinge for the insertion of ventilating valves subject to the following restrictions, that no opening shall be made nearer than six inches to
ally timber or combustible substance:
xvrr. No timber or woodwork shall Le placed-
In any wall or chimneybreast nearer than six inchee
to the inside of any flue or chimney opening:
Undm any chimney opening within eight inches from
the ipper mrface of thr hearth of such chitnney

opening:

Within

. - -

----h

brickwork or fitonework about anv chin~ncy ol* flue, where the substancc of such 'brickwork o~
stonework i a less than eight and a half inrhrs
thick :
And no wooden plugs shall be driven nearer than four
and it half inches to the inside of any flue or
chitnne v opening, nor m y iron holdfnst or other
iron faRtening nearer than two inches thereto.

fires and pipes for conrcying heated vnpor br water, that is to Irs to close fim,	22, The following rules shall be observed with respect to close	tr. obsemd
say-

I. The floor under every oven or stove wed for the purpose of
trade ar manufacture, and the floor around the same for a
space of eighteen inches, shall be formed of materials of

an i~lcornbustiblc:

and non-conducting nature:

i r.	No pipe for conveyiilg smoke, heated air, steam, or hot water shall be fixed against any building on the face next any street or public way :

111. No pipe for conveying heated air or steam shall be fixed nearer than two and a half inches to any combustible materials:
rv. No pipe for conveying smoke or other products of COIN-
buation shall be fixed nearer than six inches to any

combustible materials:
And if any person fails in complying with the rules of this section
he shall for each offence incur a penalty not exceeding Five Pounds, to be recovered before two Justices of the Peace; and shall make the alterations necessary to comply with this Act,

23.

Thr following roles shall be observed with respect to accesses R&

to .CC-.

and stairs-

and ataim

In every public building the floors of the lobbies, corridors, passages, and landings, and also the flights of stairs shall be of stone or other fire-proof material, and carried by supports
of a fire-proof material.
24. The following rules shall be observed with respect to habitable Ihbitable morn*.
rooms in any building, that is to say-
I. Every habitable room hereafter constructed in m y building, except rooms in thc roof thewof, shall be in every part at thc least ten feet in height fronl the floor to thv
ceiling :

1:.	Every habitable room hereafter coastructed in the roof of any building, shall hc rl t least ten fect in height fiom the floor

t cl

19-409
10 44' & 45' VICTORIlE, No. 208.

d +--M

- - .-------l

TAa BtciIditrg Act.-1 881.

PART

to the ceiling throughout not less than one half the area of
such room;
111. Cellars and undergroand rooms intended for habitation shall
be constructed in manner directed by this Act:
They shall be at least ten feet in height in every part
thereof, measured from the floor to the ceiling; and
They #hall be at least one foot of their height abow the

~urface

of the footway or land adjoining or nearest

to the same; and,
Wilere practicabIe, every cellar or underground room shsll have, inmediately outside the walls thereof,
a dry rubble w d l from the bottom of the footings
to the surface of the ground, and the base of the mill1 shall have sloped drains leading to a drainage-

~vell

or sewer ns the case may be:

They s l d l bt! cffectudly drained ~ n t l

secwed against the

rise of effiuvia from any sewer or drain; and
They shall each have a fireplace with a proper chimney
or flue ; and
They shall each have an external glazed window of at least nine superficial feet in area clear of the frame, and made to open in such a manner ns is approved
by the surveyor:
There sliall appertain to each such cellar or underground room the uw of a closet or privy, kept and provided in accorhnce with the provisions of The Publ~c
Health Act, or any amendment thereof:
Every cellar or underground room shall have on one side

thereof, an open area of at least two feet six inches

wide from six inches below the floor thereof, up to

the surface of the ground level:

Provided always that in nny area adjoining a room or cellar there may be placed steps necessary for access to such room or cellar; and over or across any such area there may be steps or arch necessary for access to any building above the room 01. cell& to wl~icli
such area adjoins, if the s t c ~ ~ s or arch in such respective cases be so placed ns not to be over or nclwse any euch external windsm:
And whogoerer knowingly suffers any cellar or room that is not con-
structed in conformity with this section to be inhnbited slrall, in
addition to any other liabilities he may be subject to under this Act, incur a penalty not exceeding Twenty Shillings for every day during which such cellar or room is inhabited, and any cellar or room in ~ h i c h my person passee the night shall be deemed to be

inhabited within the menniug of thie Act,

!XL Every

44' & 4$ VICTORIW," No. 208.

The l?

uildin<q Act. -

1 88

---

----

--. -

-. -

YABT I.

26, Nvcry cl welling-house, office. fac tor~,

shop, school, place of

worship, or place of amuscalent, shnll have &fficient means of venti- ventitation to ~RI pro-
lntion providd in twms of sections 44 and 55 of The Public Health *.
Act.
26. Every building, now or llereaft~r occupied as a place of ~; ~ f l ~ & ~ ~

amusement, shnll have such i~dditional

means of escape provided as, mnu-snt.

in the opinion of the surveyor, shall he sufficient td afford, in the event of any alarm, sperdy cgresx for the greatest number of persons that the building will nccomrnoclate. All doors to open outwards where practicablp.

27. In order to ensnre proper drainage, vcntifntion of soil pipes, b,

& c. . i o b

lu3.

mitted to

nnd other matters of H, like nature, cwry builder sliall, previous to M	of
commencing the erection of any building, submit the plans and 8pecifications of the sarne, together with a tracing copy of such plans to the nearest Board of liealth, nnd shall obtain the approval of the said Board, under the hand of its secrctnry, of such plans and specifications in respect of drainage, vcntilatiou of soil pipes, and
other matters.

28. I12 the event of the plans ancl specifications of any C ~ p ~ o f g l a ~ ~ d

npectfkatlons to be

building being approved by the Hoard of Hcn'lth as in the preceding , ~ ~ e d	by	of
section described, the original plnns and specifications shall be rfbturned to the builder; but tho copy of the plans which shall be dmwn on tracing cloth so submitted to the said Bonrd of Health, sliall be retained by them and carefully preserved.

29. Every party r~rch

and every arch 01- floor over any public way, myarchsa and other

or ally passage leading to prernises in other occupation, shall be k,.	arches to be of brick,
formed of brick, stone, or other incnmbustihle materials; if an arch or brick or stone is used, it sltdl, in cases wlwre its span does not excecd nine feet,, be of tllc tliickncss of four m 1 1 :t l d f inches at	the least, but where its span exceeds nine fect, I)t.: ot' tlte thickness of
eight and a, half inches at the least; if an arch or floor of iron or
other incombuetible niatcrial he used it shall be constructed in such

manlier as Inay be approved by the s~ r rvq

or.

stone, or other incombustible materials; if an arch of brick or stone h.

30. Everv arch under any public way shall be formed of brick, A$;;FgAr

is used, i t shall be, in cases where its span dovs not exceed ten feet,
of the thick11r.s~ of eight and and ;l half iuchrs at the lrmt; where its
spw~ does ]lot exceed fif'tc~n foct, it s l d l hc of tllc thickness of thirteen iuches at lcast; and whcrc its span exceeds fifh!c:n feet, it shall be of such thickness as mi1y be ttpproved by thc surr-cyor; if an nrch or other construction of iron or other inmmbustible ~aateriul is used, it shall be constructed ill such ninilner as mt~y be alqrroved by the

SWve

yor.

31.

The following n ~ l e s

shnll bc obserred as to projectious of adm

~ ' ~ b l i e

buildings-

as to projectionr,

I. Every coping, cornice, facia, window-dressing, portico, balcon

Yemdat

Sr 45" VICTOKIk, No. 208.
The BuiIdiny Act.---1 88 1.

'PART

vemndah, oriel, balustrade, and architectural projection or decoration w'tmt~wver, and also the eaves or cornices to any overhanging roof, except the cornices and dressings to the window fionts of shops, and except the eaves and cornices to dehched and semi-detached dwelling-houses distant at least fifteen feet from any other building and from the ground of any adjoining owncAr, shall, unlcss the Council permit otherwise, be of brick, tile, stone, artificial stone, slate, cement, iron, or other fire-resisting material:

11. In streets or alleys of a less width than thirty feet, any
cornice may project thirteen inches beyond the external

\ d l of

the building to which it belongs, and no more:

1 1 1. No part of the woodwork of any shop front shall be fixed nenrer than faur and a half inches from the line of junction of any adjoining premises:
IT. The roof flat, or gut.ter of every building, and every balcony
verandah, oriel window, shop front, and other projection must be so arranged wld constructed, and so supplied with gutters and pipes, ns to prevent the water tllerefi'om fi-om dropping upon or running over the public, way :
v. Except in so far as is permitted by this section, with the
exception of copings, cornices, facias, window-dressings, or other like architectural decorations, no projection from any building shall extenci beyond the general line of fronts in any street, except with the pernlission of the Council:

W. Notwithstanding au y thing contained in

The Municipal COP

porations Act, 1880," to the contrary, it shall be within the power of the Council to regulate the erection of verandahs
and other similar structures over the public streets and
footpaths, and the materials, height, and construction

of the same, provided that all such erections shall be entirely in accordance with this Act; and no verandah or

other gimilar structure shall be erected or rebuilt except

the plans of the same shall first have been submitted to the

Council and have been approved by them.

I. Every building shall be separated by exterual or party walls

from any adjoining building:

lb. r c. 27.

11.

If any building in one occupation is divided into two or more tenements, each having a separate entrance and staircam, or a ~eparate entrance from without, every such tenement shall be deemed to be a separate building for the purposes of this Act:

J I J. Every warehouse or other building used wholly or in part for
the

4 4 O & 45'

VICTORIE,

No. 208.

. ----A

-------U--.- --M

__--

- -

- - -

?'lie

Building

Act. --- 1 88 1,

--.-*_ -̂---

- - - -- ..--..

-1.1-

__.---^"

the purposes of trade or manufacture, containing more

PABT

- -
thau two hundred and sixteen thousand cubic feet, &all be divided by party walls in such manner that the contents of each division thereof shall not exct:ed the above mentioned number of cubic feet.
33. The following rules shall be observed ns t u uniting build- ~, " $ ~ ~ ~ $ ~ d

j11g~ -

I. No opening shall be made in any party wall dividing building9 which, if taken together, would colitain more than two hundred and sixteen thousand cubic feet, except under the following conditions-
Sndl opening shall not cxceed in width seven feet, or
in height eight feet:
Such opening shall have the floor-jimhs ancl head
formed of brick, stone, or iron. and he c l o d by
two wrought-imn doors, each one-half of an inch thick in the panel, 'at a, clistaim from each other of the f u l l thickness of the wall, fitted to rebated
frames without \voodwork of any kind:
r l. Whenever it shall be deenml desirable in the case of any buildings which have been united, openi~lgs in the party walls dividing the same shall be stopped up with brick or stone work of thi full thickness of' the wall itself, and properly bonded therewith.

34. Every building used or intended to be used as a dwelling- D ~ e ~ i n 8 - h ~ ~ t ~

hare opun

house, unless all the rooms can be lighted and ventilated from a four bundrsd

street or alley adjoining. shall have in the rear or on the side thereof *yqUam

feet.

an open space exclr~sivrly

belonging thereto of the extent at least

of four hntldred and fifty square feet.

35.

With the exceptions

hereinbefore mentioned every building

Au b u i l h r n to

rubject to 6upMidon

and every work done to. in, or upon any building shall be subject to ,r ,	,v*y,.
the supervision of' a surveyor.

36. The Council may from time to time, for the purposes of this C o ~ c ~ m y 8 p * t

surveyor.

Act, appoint a sorvnyor or surveyors, and Inay from time to time suspend or remove such surveyor or surveyors, or appoint a tempo- rary substitute for any such surveyor, and such temporary substitute
shall be a surveyor witoin the meaning of this Act.

37. If any surveyor is prevented by illness, infirmity, or any deputy

C ~ u n c i l m ~ ~ p a i n t

auma~or,

other unavoidable cmse from attending to the duties of his office,

,,f filnw

the Council m y

appoint some other person as his deputy to perform aumYor.

"11 his duties for such timeas he may be prevented from executing them, and such deputy shall be a surveyor within the meaning of
this Act.
44" & 45? VICTORIE,b No. 208.

P A ~ T

Notices to &~'veyor,

- --

$8,	Two days before the following acts or events, that is to say--.

Notiml t

M,	Two days before any building, or any work to or upon any

any work.

building, is commenced, and also, if the progress of any building or work is aus~ended after the commencement thereof" for any period e;ceeding three months, two days before such building or work is resumed, and also, if during the progress of any such building or work the builder empltryed thereon is changed, then two days before any new builder enters upon the contiuuance of any such building or work, i t shall be the duty of the builder engaged in building or re-building such building, or in executing such work, or in continuing auch building or work, to give to the surveyor notice, in writing, stating the situation, area, and height, and intended use of the building or buildings &bout

to be commenced, or to, or upon which any work is to be done, and the number of such buildings, if more than one, and also the particul&s of any such proposed work, and stating also his own name and address; but any works to, in, or upon the same building that are in progress at the same time may be itlcluded in one nlitice; and such notice, in writing, shd1 be made in such foilnl as the Council may direct.

8-W	my 8 Y w ~ J

my building d d n g

39. The surveyor shall, upon the receipt of any s&h notice a9

-od

M-*.

aforesaid, crnd alsa upon any work affected by the rules of this ACG,

but in respect of which no notice has been given, being discovered

by or made known to him, and also from time to time during the

prove88 of any worka affected by the rules and directions of this

Act, as often as map be necesAary for securing the due observance

of such rules, survey any building or work hereby placed

under his supervision, and cause all the rules of this Act to

be duly observed,

WdSm ta be Mi

40. Every notice given in pursuance of t h i ~

Act shall be deemed,

fa&	iwidenoo qpinat

builder.

in any queation relative to any building or work, to be yrirnd facie evidence as against such builder of the nature of the building or * work proposed to be built or done.

Peadty en builder

41. If any builder neglects to give nutice in any of the cases

negl*

to give

nati~8.	aforesaid, or executes any works of which he is hereby required to
give notice, before giving the same, or, having given due notice of
any works, executes the same before the expiration of two dayo from
the time of giving such notice, such builder ahall for every such offence incur a penalty not exceeding Five Pounds, to be recovered
before two Justices of the Peace.

* = ~ ~ r ~ *. p s t 43, At d l reasonable times during the progress of

b~ataUr0lsdotllSdOtl

any building

a b t h r a ~ d n g

or work affected by this .h t, i t shall be lawful for the surveyor to enter am1 inspect m:eh building or work; and if any perxon refuses to

admit
VICTORIA;,, No. 208.

admit such aurveyor to inspect such building or work, or refutes or	PAW 1.
neglects to afford such surveyor all reasonable assistance in such inspection, in every such case the offeuder shall incur for such offence a penalty not exceeding Twenty Pounds, to be recovered before two Justices of the Peaco,

43.

If by reason of any emergency any act or work is required to be

done immediately, or before notice can be giveu as aforesaid, then it notice given to rur- &all be lawful to do the act or work required to be done upon condi- ~~~~~'~~ twBn* tion that before the expiration of twenty-four hours after rrucl~ act or
work has been begun, notice thereof is to be given to the surveyor.
Proceedings ?y Surveyor irg case qf irreyulr~rity.

(44.	In the following cases, that is to say-

If in erecting any bailding, or in doing any work to, in, or upon Anything done cm-

tray to thia Act. mr-

any building. anything is done contrary to any oi the ides of

or ~ v e

ndw

this Act, or anything required by this .4ct is omitted to be b%iiaep.

~ O I I E !

; or in cases where due notice has not been given:

If the surveyor, on surveying or inspecting any building or wosk, finds that anything has been doue contrary to the rules of this Act, or that anything required by the rules of this Act
has been omitted to be done:
In every such case the surveyor shall give the builder engaged in erecting such building, or in doing sudl work, notice, in writing, requiring such builder to commence to amend, within forty-eight hours from the date of such notice, every- thing done contrary to the rules of this Act, or to do anything
required to be done by this Act, but which has been omitted
to be done.

46.

I u cases where any building has been erected, or work done, WherebutIdi~

erected without notiae

without due notice being girm to the surveyor, the surveyor may e,epor

enter.

any time within one month after he has discovered that such building has been erected, or work done, enter the premises for the purpose of seeing that the regulations under this Act have been complied with; and the time during which the surveyor may take any pro- ceedings, or do anything a~zthorised or required by this Act to be done by him in respect of such building or work, shall begin to run from the date of his discowing thnt such building has been erected or work done.

46. If

the builder to whom such notice is given make default in CompIaintstobemads

complying with the requisition thereof within such period of forty- mmPly "ilh nQioe.	if buddar neglwtr to
eight hours. the surveyor mRy cause complaint of such non- compliance to be made before a Justice of the Peace, and such Justice thereupon shall issuc R summons requiring the builder so in default to appear bdore him and one other Justice of the Peace; and if upon his appearance, or, in his sbscnee, upon doe proof of the service of such surnrnons, it nppsr to such Justice that the

requisitions

44" & 45" VICTORIrE, No. 208.

I_II

- + ".

-. .--._

__lll-

--1-

-- ---_I_..,

?'ire Building Act.-188 l.

-- --

- "

."- .- -- --

----L

---- - -----...m,--*.-

-- -

requisitions made by such notice, or any of tllem, are authorised by
this Act, they shall make an order on such builder, co~nmandiiig
him to comply with the requisitions of such notice, or any of such
reqvisitiona that may in his opinion be nuthoriecd by this Art,
within a time to be named in suct~ order.

P d t y if &er

47. If such order is not cornylierl with, the builder upon whor,,

j w & h

ba not corn-

pliet1: with.

it ia made shall incur a peualty not eucwding 'l'wo 1'0u11tIs a da,.,

to be recovered before two Jostic's of the I'eaec, daring elrry

of the continuance of such non-co~npliance.

Fees fbr the Service qf Sttrveyor.

48, There shall be paid to the Cou~lcil

in respect of thr se\~m.id

matters wpecifictl in thc first part of' tlic Second Schedule htm&to,

tJtr

fccs thcrein specified, or such otlter fee.; ns nay from t imt- to ti~rict
he dirccted by the said Uounr:il; but olw f t ~ only shall be chirgc:tldo with respect to any such works riotle in, to, or upon ally I)riildiugx as n w, in pursuance of' the provisio~ts hrreinbefore contai~letl,
includecl in one notice.
For rpecial rrervicr,

Council may ordu

49. Jf any special service is requiwd to bc performed by thc

tpeehl fee to be paid.

surveyor, uncler the First Part of this Act, for which no fee is specified in the said Schedule, thc saitl Council miLy ordw such fee, not exceccling Five Pounds, to La paid to the mid Council for such service as they think fit ; mid thc said Council shall have the =me remedy for recovering such special fec as if the same were expressly named in the said Schedule.

60. At the expiration of the following periods, that is to say-
Of one month after. tlw roof of any building surveyed by the
srirveyor under this Act has been covered in

Time whet f e ~

rre to

as pdd.

Of fourteen days after the completion of any such work as is by

this Act placed under the supervision of the surveyor:

Of fourteen daye after any special service in respect of any huilrling

hm beer1 performed :

The Council shall bc entitled to receive the amount of fees drir. to
them from the builder employed in meeting such building, or in

doing such work, or in doing any matter in rt:ypcct of which any
special service hns b e n performed by the surveyo~., or from tllc
owner or occupier of the building so wectcxl, or in respect of which such work has been done or service performed ; ancl if any such builder, bwnct., or occupier wfuses to pay the same, such fees may be secovel.ed in s summary manner before a Justice of the Peace, upon its being shown to the satisfaction of such Justice that :L proper bill, specifying the amotlrit of such fees, was delivered to such builder, owner, or occupier, or sent to him, in n registcrrd letter, addressed to his last know 11 waidcnce.
44" & 45" VICTORIW, No. 208.

61, 'rhc Surveyor shall, within seven d a y ~

after thk first day of Surveyor to tualir

every month, make ir rchturn to the Council, in such manuer as t'hy monthly retuttl.
lnay appoint, of nll notices and c.ornplaiuts received by him rclativr.
to the business of his office, and the results thered, and of RU
matters brought by him beforc any Justice of the Peace, and of all
the several works supervised, and syccial services pcrformeti, by him
i n the cxercise of his of ice within the previous month, and bf all
fees charged or received in lespcct thercof, and specify in such
returns the description and localitv of everv building built, mcbuilt,
enlarged. or altered. or on wlticl; anv woik has been done under
his supervision. with the particular i-kure of any work in respect
of which any fee has been charged or. received.

52.

Every

such return

shall be

signed

by such

surveyor,

aud J: ~ + ~ l r ~ t ~ b e s i g n e d

aurvcyor.

shall be deemed a certificate that all the works el~umurntt.d tltercin
as completed lmve been done in all rcspects agreeably to this Act,
according to the best of his knowledge and belief, a11d t h t they
have been duly surveyed by him.

53. Whenever any builder is desirous of erecting any prmancnt Appfication to be

mnde for permission

building of

iron or other incornbnstible material to which the t o e ~ ~ t ~ b u a d i n s.

rules of this Act are inapplicable, he shall make an application to the Council stating such desire, and setting out a plan of the proposed building, with such particulars as to the con- struction thereof as may he requirecl by the Council; and the latter, if satisfied with such plan and particulars, shall signify their approval of the same, and tliereugon such building mav be con structed according to sucli plan and particulars; but it-shall not be lawful for such C:ouncil to authwisc m y warehouse or other bnilchg,
used either wholly or in part for the purp~ses of trade and manufrte- ture, to $e erected of greater dimensions t l w two hundred and
sixteen tfioosaod cubic feet, unlcss it is divided by party walls in
manner hereinbefore provided.

54. The Council may, for the y

arpose of regulating the proceed-

ings of such applicants as aforesaid, from time to time issue such t i ~.	~ ~ ~ f - 2 -
general rules as to t h ~ time and nlnn~er of making such applications, as to the plans to be preseuted. as to thr expenses to be incurred, and as to any other matter or tllirlg connected therewith, ac they may think fit.

55. A copy of any particulars rcwlered necessary bx section 61 ~ p ~ i ~ ~. * *

plans to

shall be submitted to the surveyor. and the approved ddrowinge shall bc open to inspection by the survc3yor at all reasonable hours during ttie progr~ss of the works. 'l'hc a p p r ~ t i i l by the CouliciI of any plans or parti(:~ll:irs, in pursuance of the fowgoiug provisions, allall be sipified by rvritiug under tlw hand of the Mayor and cornntersigned by the Town Clerk 01 sucli Courrcil.

44' & & VICTORIE, No. 208.

2 % ~

Btrlildiqq Act.-l 88 1.

!U' X.	f o r ~ ~ of the v.rious notices required by this Act, and may from
time to time make such alterations therein ae they deem requisite:
and they &all cause m y mch form to be sealed with the &rpor&tion d, or marked with some distinguishing mark to be
approved by the Council; and any notice made in a form sanctioned by the Comcil shall in all proceedings be held sufficient in law.

67, All expen-

incurred in and about the obtaining such approval

td of

"c=rpriarr

of the Council as aforesaid shall be paid by the builder to such

b t ~ ~ r.

person as the Council may appoint, and in default of

payment may

be recovered in a summary manner.

The Council may, for the purpose of aiding in the execu-
tion of this Act, appoint some fit person to be called the Buildin
Surveyor, together with such number of clerks as they may thin k
fit, and snch person may be removable by the said Council, and shall
perform such duties ss the Council directs.
PART IT.

PART

11.

DANGEROUS STRUCTURES.

89,

Whenever it is made known to the Council of

the said city

f)m.twatPna
b o b s l l l ~ l ~ ~ ~ a d
or other municipslities that any structure (including in such expres- sion any buildGg, wall, or 0 t h structure, and anithing affixid to or projecting from any building, wall, or other structure), ia in a daagerw etste, such Council shall require a survey to be made of B U C ~ a t r a m by tlre ameyor, or by some other competent sur- veyor, and it shall d60 be the duty of the surveyor to make known to the Council any information he may receive with respect to any structure being in such state as aforesaid.
60. Upon the completion of his survey the surveyor ernployed
tmilbt8dqQr
uto-dw.

dfi	to the Council his opinion as to the state of any such

structure &I aforesaid.

" tok

61, H such certificate is to the effect that such structure is not in

t.ttanzz?#sbaZblin(5*

dangerous state, no furth~r p~oceectit~gs shall be had in respect thereof; but if ie to the effect that the same is in a dangerous state, the Council shall cause the same to be shored up, or otherwise

secured, and a proper hoard or fence to be put up for the protection of passengers, and aball cause notice in writing to be given to the

owner or occupier of such structure, requiring him forthwith to take

down, secure, or repair the sme, aa the case requires.

62. If the owner or occupier to whom notice is given as .last

=zpbint2b	aforesaid fails to comply, as speedily as the nature of the case per-
-aJiutb	mits, with the requisitions of such notice, the Council may make
complaint thereof before a Justice of the Peace, and it ahall be la-rvfd
for such Justice to order the owner, or in his default the occupier, of

any
19

--	44" & 45" VICTORIW, No. 208.

The Building Act.-1881.

p ~ * =

Er.

any such structure to take down, repair, or otherwise secure to the sat idaction of the surveyor who made such survey ss aforesaid, or of swh other surveyor as the Council may appoiit, such structure or such part thereof as nppeara to him to be in a dangerous state, within a time to be fixed by such Justice, and in case the eame is
not taken down, repaired, or otherwise secured within the time so limited, the Council may, with all convenient speed, came all, or
so nroch of such structure as is in a dangerous condition, to be taken down, repaired, or otherwise wcured, in such manner as may be requisite; and a.ll expenses incurred by the Council in respect of any dangerous structure, in virtue of the Second Part of thie Act, shall be paid by the owner of such structure, but without prejudice to hia rights to recover the same from any letwe or other person liable to the expenses of repairs.

(33, If

such owner cannot be found, or if on demand he refuses or

-WA

neglects to pay the aforesaid expenses, the Council, after
six months' notice of their intention to do so, by posting a prin
or written notice in a conspicuous place on the structure in respect of
which, or of part of which, they have incurred expense, or on the
land whereon it stands, may sell such structure; and they shall,
after deducting from the procseds of such sale the amount of all
expenses incurred by them, restore the surplus (if any) to the owner.

owner, if no demand for the same is made by any person entitled Ounm.

64. In cases where any surplus is hereby made payable to any f l W w h b * t o

thereto within one year, then the same shall be paid into some
bank, in the name and with the privity of the Curator of Intestate E~tatee, to be placed to hie account there to the credit of the owner (describing him so far a8 the Council can), and to be p-:cl
out to the owner by order of the Supreme Court or a Judge thereof,-
on his applying by petition or summons, and proving his title thereto.

65. T h r e shdl be paid to the Council as aforesaid, in respect

.a u.br

of this Act, such fees, not exceeding the sum specified in the

of the surveyor or other surveyor's services under the Second Part

second part of the Second Schedule hereto, as may be from time to

time directed by the said Council.

88. If any special service is required to be performed by the iF&T&tdz

surveyor, or by such other surveyor as aforesaid, under the H	brn	CO&
Second Part of this Act, for which no fee is specified in the mid	OZdw-
Schedule, the Council may order such fee for such $ervice as
they think fit.

67. All expenses incurred by the Council in the matter of any horrapof e r p s ~ ~
dangerous structure under the provisions of the Second Part of this inourrsd bp ~onneil.
Act, shall be recoverable by them from the owner as a debt.
88. I n cases where a structure has been certified by the I ~ ~ ~ o f. ~ w -

surveyor, or such other surveyor, as aforesaid, to be dangerous to its ow s t r u ~ t ~ ~

to be

ramored.

inmates

inmates, a Justice of the Peace may, if satisfied of the corxectness of such certificcte, upon the rtpplication of the Coancil, by order under his Itand, direct the inmates of any such structure to be removed therefrom by a constable or other peace oftlcer, and if they hare no other abode, he may require them to be received into thc Destitute Aeylum, or other place established for the reception of the
destitute poor of the city.
PART 111.
PARTY STRUCTURES,
69. In the construction of the following provisions relating to p r t v structures, smh one of the owners of the premises separated by & adjoining to any party structure as is desirous of executing any work in respect of such party structure shall be called the building owner, and the owner of the other premises shall be called
the adjoining owner.
Rz@ts of Btddittg and Adjoining Owners.
Rigktp of building

owner.

70, The building owner shall have the following rights in relation

to party structures, that is to say-
r A right to make good cr repair tiny party structure that is
defective or out of repair:
11. A right to pull down and rebuild any party structure that is so far defective or out of repair as to make it necessary or desirable to pull down the same:

m.	A right to pull down any timber or other partition that divides any buildings, and is not conformable with the regulations

of this Act., and to build instead a party wall conformable
thereto:

rv. I n the case of buildings having rooms or storys, the property of different ownera intermixed, a right to pull down such of the said ,rooms or siarys, or any part thereof, as are not built in cqpformity with this Act, and to rebuild the same in con-

formlty with this A4ct

v. In the case of buildings connected by arches 01. communica-
tions over public ways or over passages belonging to other
persons, r\ right to pull down such of the said Irtuildings,
arches, or communications, or any part thereof, RS are not built in confoimity with this Act, and to rebuild the same
in confarmity with thie Act:
vl. A right to raise any party structure permitted by this Act to be
r a i d, or m y external wall built against such party struc-
ture, upon condition of making good all damage thereby to

the adjoining premises or to the internal finishing8 alld

decorations thereof, and of carrying up to the requisite

height

44" & 45" VICTORIA, No. 208.
The Building Act.- -1881.

height a11 flues and chimney-stacks belonging to the

P*m XIJ.

-- - -

~ d j b i n i n ~

o ~ r ~ n w

on or against such party structure or

cx ternnl wall:
vlr. A right to pull down any party structure that is of insufficient strength for any building intended to be built, and to rebuild the same of sufficient strength for the above pur- pose, upon condition of making good all damage occasioned thereby to the adjoining premises, or to the internal tinishings or decorations thereof:
vrlr. A right to cut into any party structure, upon condition of 11mking good any damage occasioned to the adjoining pre- mises by such operation:
rx. A right to cut away any footing or any chimney-breasts, jambs, or flues projecting from m y party witll, in order to erect an external wall against such party wall, or for any other prirpose, upon condition of making good all damage occasioned to the adjoining premises by such operation:
X. A right to cut away or take down such parts of any wall or building of an adjoining owner as may be necessary in consequence of such wall or building overhanging the ground of the building owner, in order to erect, an upright wall against the sarne, on condition of making good any damage sustained by the wall or building by reason of such cutting away or taking down:
XI. A right to perform my other necessary works incident to the connect ion of party structures with the premises adjoining thereto:

But the above rights shall be subject to this qualification-that

any building which has been erected previous to the time of this

Act coming into force shall be deemcd to be conformable to the pwvisions of this Act.

71. The building owner shall, in the eveut of desiring to go Building owner to

below the foundations of any adjoining premises, give notice in w~iting to the owners of such yre~nises, and demand permission to execute at the cost of such building owner any underpiuning that Inay be necessary; and provided that such permission be refused or neglected to be given, then the persoll refusing or neglecting to gi\e such permission s l ~ l l bc liable for ally damage that may arise by reason of the nbscncc of such underpinning.
72. Whencver thc building owner proposes to exercise m y of the Building o m e r

foregoing rights with respect to party strnctures, the adjoining owner exercising rights,

adjoinin

owner may

m a y require the building owner to build on any such party structure fequirec imney-	certain chimney-jambs, breasts, or flues, or certain piers or recesses, jambs, &a., t o k built.	'h
or any other like works for the convenience of such adjoining owner,
and it shall be the duty of the building orvlker to comply with such requisition in all oases where the execution of the required works mill

not

eq" & 45' VICTORIW, No. 208.
The Buildkg Act.-1881.

P ~ R Z

In-

not be injurious to the building owner, or cause to him unneceaaary

inconvenience or unnecessary delay in the ex erciss of his rights; and

any difference that arises between any building owner and adjoining

owner in respect to the execution of such works as aforesaid shall be determined in manner in which difference8 betweeu building ownera

and adjoining owners are hereinafter directed to be determined.

'Ldm

withrapeorto

h M

73. The following rules shall beobaerved with respect to the exercise

exsaoisint	of	by boilding owners and ~djoiniog	otvnera of their respective rights-
building a m	aa

adjoining m ~ n ~.

X. No bdding owner shall, except with the consent of the

adjoining owner, or in cases where any party structure ie
dangerous, in which cases the provisions hereby made as to
ctangeroua structures shall apply, exercise any right hereby given in respect of any party structure, unless he h= given at the least one month's previous notice to the adjoining owner, by delivering the same to him personally, or by sending it by post, in a registered letter, addressed ta auch owner at bis last known place of abode; and every tenant from year t;o year shall be entitled to like notice unless he conaent to dispense therewith, but such tenant from year
to year hall not i n any other respect have any rights or
liabilities of an adjoining owner under this Act:
11. The notiae m given shall be in writing or printed, orpartly
in print and partly in writing, and shall state the nature of the proposed work, and the time at which such work ia propoeed to be commenced :
m. No building owner shall exerciw any right hereby given to him in such a manner, or at such time, as to cause un- necessary inconvenience to the adjoining owner:
IT. Upon the receipt of such notice the adjoining owner may
require the building owner to build, or may himself build,
on any such party-structure ariy works to the construction
of which he is hereinbefore mentioned to be entitled:

v. Any requisition so made by any adjoining oKner shall be in

writing or prinhd, or +ly in-print and partly in writing,
an& ihall- be delivered pisonally to the building owner
within one month after the date of the notice being given by him, or be sent by poat in a, registered letter a d d r e d to him at his last known place of residence; it shall speclfy
the wmks required by the adjoining owpdr for his con-
venience, and shsll, if neceesary, be accompanied by
explanatory plans and drawings:
vs. If eithes owner does not, within fourteen days after the delivery to him of any notice or requisition, consent thereto, he shall be considered m having dissented therefrom, and thereupon a difference shall be deemed to have arisen
between the building owner and the adjoining owner:
vrr. In
44" & 45" VICTORIW, No, 208.
The Building Act.- 1881.

vrl. In all cases, not hereby specially provided for, where a

PAP?

IIr.

difference arises betwecm a building owner and ~ d j oining owner in respect of any matter arising under this Act, unless both parties concur in the appointment of one arbitrator, they shall each appoint an arbitrator, and the two arbitrators so appointed shall select a third arbitrator, and such one arbitrator, or three arbitrators, or any two of them, shall settle any matter in dispute between such building and adjoining owner, with power by his or their award to determine the right to do, and the time and manner of doing any work, and, generally, any other matter arising out ot', or incidental to, such difference; but any time so appointed for doing any work shall not commence until after the expiration of such period of three months, as is hereinbefore mentioned:
VIII, Any award given by such one arbitrator, or by such three arbitrators, or any two of them, shall be conclusive, and shall not be questioned i n any Court.
rx, If either party to the difference makes default in appointing an arbitrator for ten days after notice has been given to
him by the other party, in manner aforesaid, to make
such appointment, the party giving the notice may make
the appointment in the place of the party so making
default:
X. The costs iucurred in obtaining any such award as aforesaid shall be paid by such party, as such one arbitrator, or three arbitrators, or any two of them, may determine:

xi. If

the parties to any such action agcee as to the facts, a special case Inay be stated for the opinion of the Supreme Court; and any case so stated may be brought before the Court

in like manner and subject to the same incidents in and

subject to which the other special cases are brought before such Court, or as near thereto as circumstances will admit;

and m y costs that may have been incurred in the Court

by the parties to such action a9 is mentioned in this section

shall be deemed to be coats incurred in ~uch action, and

be payable accordingly.

74. Whenever any building owner has become entitled in pur- Buildingo-er h-

suance of this Act to execute any work, i t shall be lawful for him, , ,U,,& ,

coming entitled to

his servants, agents, or workmen, at all usual timw of working, to en lQ.4~-	enter on any yremiscs for thc purpose of executing and to execute pmrmU)s.
such work, removing any f~~rni turc, or doing any other thing that

may be necessary; and if such premises are closed, he or they may,

accompanied by a constable or other officer of the peace, break open

- -

any doors in order to such entry; ancl any owner or other person that

hinders or obstrocts any workman employed for ~ l i y o f the purposes

dosesdd, or wilfully damages or injures the said work, shall incur for every such offencc R. penalty not exceeding Ten Pounds, to be recovered before two Justices of the Peace. 7% Any

-	ORXAE, No. 208.

The BuiIdiarg A&-1 $81.

- --

PART.

rrr,

78, Any arljcsining owner may, if he thinks fit, by notice in

writing, given by himself or hia agent, require the building owner,

q* wq	ownerto giw mwitp. Act to execute, to give such accurity as may be agreed upon, or in	before commencing any wmk which he may be authorised by this
ase of difference may be settled bi the Adelaide Local Court of F141 Jurisdiction, for the payment of all such costs and compensation in respect of such work as may be payable by such building owner.
Buisrrrtoparty

mmctmah

18, The following rules shall be observed as to expenses in respect

of any psrty structure, that is to say-
Aa to expenses to be bome by the building owner and adjoining
owner :

1. If	any party structure is defective or out of repair, the expense
of making good or repairing the same shall be borne by the building owner ~ n d adjoining owner in due propor- tions, regard being had to the use that each owner makes of such structure:

11. If any party structure i~1 pulled down and rebuilt by reason of its being so far defective or out of' repair as to make i t necessary or desirable to pull down the same, the cxpense of such pl l ing clowil and rebuilding sliall bc borne by the building owner and adjoining owuer in due propor- tions, regard being had to the use that each owner makes of such structure:
m, If any timber or other partition dividing any building is pulled down in exercise of the right hereinhefore vested in n building owner, and a party structure built instead thereof, the expeuse of building such party structure, and also of building any additional yarty stlwtnrc~ that may be required by reason of such partition having bec:,~

pulled down, shall be borne by the building owner aud adjoiuing owner in due proportion, regard being had to the use that each owner makes of such party structure.

and to the thickness required to the rcsp+ctivo buildings

parted thereby:

rv. If any room or storys, or any part of 1111)- room or storys, the property of different owners, and intermixed in any building, are pulled dowo in pursuance of' the right herein- before vested in any building owner, and wbuilt in con- formity with this Actt the cxpense of such pulling down and rebuilding shall be borne by the building owner and
adjoining owner in due proportion, regard being had to
the use that each owner makes of such rooms or storys:

v. If any arches or corn~nunications,

or any parts thereof, are

pulled down in pursuance of the right irereinbcfure vested in any building owner, and rebuilt in conformity with this Act, the expense of such pulling down and rebuilding shall be borne by the building owner and adjoining owuer in due proportion

_ _ _ X I - I - " -

4 4 O & 45' VICTORIB, No. 208.

The Building Act,-1881,
proportion, regard being had to the use that each owner
makes of such arches or communications.
As to expenses to be borne by Building Owner:
vr. Pf any party structure, or external wall built against the same, is raised in pursuance of the power hereinbefore vested in any building owner, the expense of raising the same and making good all such damage, and of carrying up to the requisite height all such flues and chimneys are herein- before required to be made good and carried up, shall be borne by the building owner.
vrr, If any party structure which is of proper materials and sound, or not so far defective or out of repair as to make it neces- sary or desirable to pull down the same, is pulled down and rebuilt by the building owner, the expense of pulling down and rebuilding the same, and of making good all such damage as ie hereinbefore required t.0 be made good, shall be borne by the building owner:
1-111. If any party structure is cut into by the building owner, any expense of cutting into the same, and of making good the damage hereinbefore required to be made good, shall be borne by such building owner:
ix. If any footing, chimney-breasts, jambs, or floor is cut away
iu pursuance of the powers hereinbefore vested in any building owner, the expense of such cutting away and of making good any damage hereinbefore required to 'be made good, shall be borne by the building owner.

77. Within one month after the completion of any work which	Building owner to
give an account ta

any building owner is by hia Aat authorised or requir& to execute,	adjoining owner.
and the expense of which is in whole or in part to be borne by an adjoining owner, such building owner shall deliver to -the adjoining owner an account in writing of the expense of the work, specifying
any deductions to which such adjoining owner or other person may be	entitled in respect of old materials, or in other respects; aud every
such work as aforesaid ahdl be estimated and valued at fair average
rates and prices, acoording to the nature of the work and the lo;ality, and the market price of materials and labor at the time.

78. At any time within one month after the delivery of such	Adjoining owner m y
appeal agsinat

account., the adjoining owner, if diesatisfied therewith, may declare	aooount.
]lip diasatisfnation to the party delivering the same, by notice in
writing giwn by himself or his agent, and specifying his objections
therot& a~ld upon auch notice having been given a difference shall be deemxi to have arisen between the parties, and auch difference shdl he detrrmined in manner hereinbefore provided for the deter-
mination of differences between building and adjoining ownera.

'70. If within such period of one month as aforesaid, the party it dthin me m t h

%ajaspiae ow?w

docw

receiving such aocount does not declare, in manner aforesaid, h.h mtwDbl

diasatisfitotion

-208

96 eq" & 45O VICTORIA?, No. 208.

W	TAe Bsrbldiw Act.--1 881.

dimti~fsction

therewith, he shall be deemed t>o have accepted the

same, and hall pay the m e

on demand to the party delivering the

ba dnrarrbd to

a~count,

and if he fails to do so, the amount so due may be recovered

-*-	$B (k debt.

80. Where the adjoining owner is liable to contribute to the

to be

expenses of building m y party structure, until such contribution ie

mb orrmr.

to the building owner at whose expense the same was built,

T	t e building owner shall stand possessed of the sole property in such
struotwe.

-m	81, Where any building owner has incurred any expensea on

uisition of m y adjoining owner, the adjoining owner making such z u i i t i o n &all be liable for all the erpensea, and in default of pay-
a%a*
mpgua
ment the same may be recovered from him as a debt.
82. Where m y building owner is by the Third Part of this Act
liable to make good soy damage lte may occasion to the property
of an adjoining owner by any works authorised to be executed by him, or to do any other thing upon condition of doing which his right to execute such work is hereby limited to arise, and such
building owner fails within a reasonable time to make good such
damage, or to do such thing, he shall incur a penalty, to be recowred before two Justices of the Peace, not exceeding Twenty Pounds for
each day during which auch failure continues.

m n s d w ~ o r w r i a

88. Where, in pursuance of this Act, any consent is required to

m k	-7.	be given, any notice to be wrved, or any other thing to be done by,
on, or to any owner under disability, such consent may be given, such
notice may be sewed, and such thing may be done by, on, or to the
following pereons on behalf of such persons under disability, that is to ay--By, on, or to a husband on behalf of his wife; by, on, or to a tmatee on behalf of his cestui pue trust; by, on, or to a guardian or com-
mittee on behalf of an infant, idiot, or lunatic.

Weamaatfa-

84. When any consent ia required to be given, or any other thing

m (M

to be done, by any owner in pursuance of this Act, if there is no owner capable of $ring such &nsent, or to do such thing on behalf of such owner, or if any owner so capable, or any person W empowered cannot be found, the nearest Local Court of Full Juris- diction shall have full power to give euch cousent, or to do, or to
cane0 to be done, such thing on behalf of such owner, upon such
terms and mbject to such conditions as such Court may think fit, having regard alike to the nature and purpose of the eubject matter
in respect of which auch consent is to be given, and to the fair claims of the partiert on whose behalf euch consent is to be given; and auch Court shall have power to dispenw with the service of any
notice which would otherwise be required to be served.

pp	86. NO bu&inB which map hereefter be erected shall encroach

m? -7.

or project on any public street or place ; and no building which may

now

44' 8r 45' VICTORIE, No. 208.

-p--

-
The Building Act.- 1881.

PART

rrr.

now so encroach or project shall be rebuilt either wholly or in part,
no addition or alteration shall be made thereto except according
to a plan to be first approved by the surveyor, in which plan such
building ehall be placed clear of and without the distance defined
for the breadth of such public street or place; but nothing herein
contained $hall prevent any person, with the conaent of the surveyor
(after plane thereof shall have been eubmitted to and approved by the
Council), from erecting a balcony in front of his building, with a
framework securely fixed and supported upon iron brackets or other
sufficient supports of incombustible material, which balcony shall
be erected to the eatidaction of the surveyor ; or from erecting or
placing an awning or verandah in front of his building, provided
that such awning or verandah be eight feet at the leaet in height
above the footway in fiont of such building, and that the posts for
the support thereof be placed close to the kerbstone or outer edge of
such footway, and W the Council may direct.

PART IV.

P u s rv.

MISCELLANEOUS PROVISIONS.

86, Where it is hereby declared that exDenses are to be borne bv B*

to bs 0

.r artopspmentd
the owner of any pemises, including i6 the term owner the won.
adjoining and building owner respectively, the following rules shall
be observed with respect to the payment of such expenses-
I. The owner immediately entitled in posse&on to such premisee, or the occupier thereof, s h d, in the first instance, pay such expenses, with this limitation-that no occupier .hall be liable to pay any sum exceeding in amount the rent due, or that wdl thereafter accrue due, from him in respect of

such premises during the period of his occupancy:

11. If there are more owners than one, every owner ~ h d l

liable to contribute to auch expenses in proportion to his
interest:
111. If any difference arises as to the amount of contribution, such MT~.

difference shall be decided by arbitration, to be conducted ::-	canrsolid.tEaa
in manner directed by The Railways Clauses Consolidation Act," and, for that purpose, the clauses of the Baid Act, with
respect to the settlement of disputes by arbitration, shall be incorporated with this Act, and for the purposes of such
incorporation the krb Special Act" wherever used in the said Act shall mean thia Act, and the expresaion Com- pany," or directore of the company, shall mean the Council.

No.

The Btdding Act.-1881.

-4-

I v, If

some of the owners liable to contribution cannot be found,

e	the deficiency so arising shall be divided amongst the parties that can be found:

v Any occupicr af premises who l w paid ally expenses under
this Act may deduct the amount so paid from any rent
payable by him to any owner of tlic same premises; aild any awner of premises who has paid more than his due proportion of any expenses may deduct the amount so over- paid from any rent that may be payable by him to any other owner of the same premises :
vr. If default is made by any owner or occupier in payment of any expenses hereby made payable by him in the first instance, or if default is made by any owner in pay merit
of any ather expenses or moneys due from him by way of
contribution or otherwise, in pursuance of this Act, then, in addition to any other remedies hereby provided. such expenses and moneys, if arising in respect of any matter within the provisions of the Third Part of this Act, may be recovered as a debt in dnc course of law, but if arising iu respect of any other matter under this Act, may be re- covered in a summary manner.
87, The following i d e s shall be observed with respect to the
giving or service of any notice, summons, or order directed to be
given or served under this Act in cases uot herciubefore provided
for-
1. A noticc, summons, or order shall, where pmcticable, iu all
cases bc served personally:

rr. A notice, summons, or order may be served on any b u d e r by leaving the same or sending it in n registered letter addressed to him at his place of rtrlrlress as stated by him to the slirveyor, or by putting up such notice,

summons or order on a conspicuous pert of the building

or premises to which the same relates:

111. A notice, summons, or order may be served on the owner or
occupier of any premises by leaving the same with the
occupier of such premises, or with some inmate of his
abode, or, if thew is no occupier, by putting up such notice,
summons or oxcler on it conspjcuop part of the building or premises to which thc! ssmc rvlatcs, and it sllsll not be necessary to namc thc olvncr or occupier of R U C ~ 1wcmises; nevertheless when the owner of ally such prenliscs and his re&knce, or that of' his agent, arc known to thc party by whom. or 011 wliose behalf any no:ico, slll~lnl(~1lS, or order is intended to br: served, it slwdl bt thc t h t y of such party to send every $sncll notice. summons, nr nrttcr, by the post in a registered letter, i~cldr~s~erl to the rcsirlencc, or last

known ~esidcnce,

of smh owner. or of his agent:

44" & 45" VICTORI&, No. 208.

-. - -p

----

----W-

U ---.----...-d.

-m&

The Building Act,--1881,

PUT me

IT. A noticc, summons, or order may be served on any surveyor
by leaving the same at.his office.

88. I n cases where jurisdi~tion

is hereby given k a Local Court, rz:z-nuJ'

such Cou;.t may from time to time make such order in respect of
rnnt,ters so brought bcfore it ns it may think fit, with power t6 settle the tilnc and mthier of executing any work, or of &ing any other thing, and to put the parties to the case upon such terms as respects thc rxccution of the work as it thinks fit; it shall also have power
to tawwt.I and refuse costs, according to circumstances, and to settle
the nrnoun thereof, although the same may exceed the amount of
Ten Pounds.
89. Proceeding9 in any Local Court in respect of any matter -a-
arising under this Act shall bc conducted in the same mannc r as pro- ceedings are conducted in any ordinary case within the jurisdiction of such Court, or as near thereto as circumstances permit; and orders made by such Court shall for all purposcs be deemed to be judg- mcnts of the said Courf, and inay be enfxced by execution or otherwise, in a similar manner to that in which the judgments of
such Court are ordinarily enforced: And in all cases where the
judgment of such Court is to do some act other than the payment of rnolicy, m y neglect to perform such act within the time limited in such jurlgt~~ent shall suhject the persau o~dered to do such act to a penalty if' F i v e Pounds a day until such act is performed.
90. If either party in any case over which jurisdiction is hereby $2"-
givc.11 to a. T,ocai Court feels aggrieved with the decision of such
Court, in respect of any point of law, or the admission or rejection
of a117 evidence, or on the ground that such decision is against the weight of evidence, hc may appeal tllerefrom to the Supreme Court in the same ninnncr nnd upon the same terms in and upon mhich he
mj ght have appealed from the decision of such Court in any case

within tlie ordinary jiwisdiction of such Court, or as near thereto as

circumstances permit; but no such appeal shall be allowed unless

the value of the matter in cliffcrence between the parties exceeds

Thirty Pounds, and thc opinion of the Court before which the case

is tried ;IS

to such value sllall bc conclusive.

91. All pcn:~lties

ui1dc.r this Act, and all fees, moneys, costs, or Pedtieq how

expenses, by this Act dircctcd to be recovered in a summary manner,	m~erad.
m y be rc>covcred before m y two or more *Justices of the Peace in matrncr dirrctccl bv an Ordinance, No. 6 of 1850. '' To facilitate
tlw ~wfiwn~imce oi the ilutics of Justice8 of the Peace out of sessions,
with rcspcct to sotnnwxy convictions and or(brs," or of any Act to bc hcrtnttvr in f'arcc rclnting to duties of Justices of the Peace

with rcspcc t to stmlnnry co~lvictions

and orders.

92.

Any .I ~~st iccs

tlie Peace, in any cnse over which j uri d'

S letion J~~

map

is isrc4)r given tl~eni,

may nldw s11r11 order as to the cost of any orden.

~ ~ o c r r d / u g s

of which they have cogniz~uce W they think just; they

may

44" & 45" VICTORIE, No. 208.
may also direct the whole or any part of any penalty irriposed by them under this Act to be applied in or towards the payment of the costs of the pxoceedinp, and subject to such direction, all penalties shall be paid into the hands of the Treasurer of the province towurdu the general revenue thereof.
93. In every case, oxcept in respect of fees of the Cauncil, in which jurisdiction is hereinbefore given to one or more Justice or Justices af the Peace, if either party to any such case is dimtisfid with the determination of the Justice or Justices so convichg, in respect of any point of law, or of the admission or rejection of any
evidence, or on the ground that such determination is against the
weight of evidence, such party may, upon giving notice within seven d a y to the other party of his intention to appeal, appeal therefrom to the nearest Local h u r t of Full Jurisdiction, subject to thie restriction, that no rsuch appeal shall be made by the in- formant, except with the consent of the Justices before whom the case was tried, and that no such appeal shall be made by any other party to the case except upon giving mch security for costs, and if
the awe requiree it, in addition thereto, such undertaking in respect
of desisting in the meantime from any works complained of, or in respect of m y other matter or thing arising in the case, as the Justice or Justices think fit.
94. Any appeal so made shall be in the form of a special case, to be agreed on by both parties, or if the parties cannot agree, to be settled by the Justice or Justices from whose decision the appeal was made, and such case shall be transmitted by the appellant to the Court in which the appeal is to be brought, and be head in the manner provided by the Ordinmee No. 6 of 1850, hereinbefore mentioned.
95. No writ or procm5 shall be sued out against the surveyor
or other person for anything done or intended to be done under
the provisions of this Act until the expiration of one month next

after notice in writing hae been delivered to him, or left at his	&ce or ulrusl place of abode, stating the cause of action. and the
name snd place of abode of the intended plaintiff, or of hii attorney or agent in the cause ; and upon the trial of any such action the
plaintiE @hall not be permitted to go into evidence of any cause
of action which is not stated in such last-mentioned notice, and, unlese such notice h proved, the Court or Jury shall find for the
defendant; and e v q euch action shall be brought or commenced

within six months next after the accrual of the cause of action, and not aftexwar& ; and the defendant shall be at liberty to plead the

general issue, and give t h i ~ Act and all special matter in evidence

thereunder,

In the name and on behalf of Her Majesty, I hereby aasent to
this Bill.
WM. F. DRUMNOND JERVOIS, Governor.
FIRST
VICTORIE, No.
The Building Act.-188 1.
FIEtST SCHEDULE.
PRELIMINARY.

1. Every building ehall be enclosed with walls of brick, stone, concrete, or other hard and incombustible substancer, and the foundation shall rmt on the solid ground,

or upon concrete, or upon other solid sub-structure.

2. Every wall conatmcted of brick, stone, concrete, or other eimilar substances,

shall be properly bonded with mortar or cement, and no art of ouch wall shall

overhang any part underneath it, except insso far as is provi ed in thh Act, and 811 B

return walls shall be properly bonded together.

3. Every such wall shall be provided with damp-proof course or courses other than wood, which damp-proof couree or courses shall be above the surface of the ground or cellar floor.

4, Where the wdls ire over eight and a half inches thick, the thickness of every rubble stone wall shall be one-fourth greater than the thickness

rescribed for brick

walls in the rules hereinafter contained, but no rubble stone wa 1 shall be less than

thirteen and a-half inches thick.

5. The thickness of every wall, as hereinafter determined, shall be the minimum thickness, except where recesses are alloeed in accordance with section 13.

6. The heights of every topmoet story shall be measured from the level of its floor up to the underside of the tie of the roof, or up ta half of the vertic+d height of the rafters when the roof has no tie, and the height of every other story shall be the clear height of such story exclusive of the thickness of the floor.

7. The height of

every external and party wall shall be measured from the base

of the w d l to the level of the tnp of the topmost story.

8. Walls are deemed to be divided into distinct lengths by return walls, and the length of every wail is measured from the centre of one return wall to the centre of another: Provided that such retun) walls are external, party, or cross walls. of the thickness hereinafter required, and bonded into the walls so deemed to be divided.

9. The projections of the bottom of the footing of every wall, on each side of the wall, shall be at least equal to one-half of the thickness of the wall at its base; and the height from the bottom of such foating to the base of the wall shall be at least equal to one-half of the thickness of the wall at i ts base.

PART I.

1. The external and part) walls of dwelling-houses or offices shall be made throughout the different stories of the thickness shown in the following table, arranged according to the heights and lengths of the walls, and calculated for walls up to one hundred feet in height, and supposed to be built of bricks not less than eight and a half inches nor more than nine and a half inches in length, the heights of the stories

being aubject to the conditions hereinafter given: -

Rub8 for

t i e Walk of

D w Z ~ ~ ) ( ~ - ~ D M G ~.

a e h t .,

to loon.

p m.

Length up to 80ft.

Lecgth Unlimited.

1 Two ~toriea-2l)in.

Two storiea-26in.

One story-3Oin.

Thmo stories--l7 tin.

Two stmiea-21

in.

Two stories - 96h.

I	Remainder -	1	Sin.	T m &Jfim-ll\in.	Two etories-'ll	in.
Remainder-1 Jin.	Two stories-Illin.
Remainder - 13in.

Height up to Wft.

Lea&

up to 46ft.

Length Unlimited.

Two atorier-21	in.	One story-Min.	One atorp-actin.
Two norir-lliin.	Two stones-2 l in.	Two stones-t6in.
Rernsinde-191n.	Two ntoriea-l~~io.	One storv-21 +in.

Remeinder-

l Sill.

TWO

st~ri~-ll@n.

Remainder -

13m.

Reight up to soft.

Length up to 4Oh.

Length Onlimited.

One stor;y--21 in.

Two stories-21

it.

Two atman-l I

jin.

T m stork-19th.

Rem~inder-lam.

Remainder-I Bin.

4 4 O & 45' VICTORIE, No. 208.

lPwlu for IAu W& of: D1~lIIimg-hum

(oontinned)

Two st&~--l7#in.

One story-21

tin.

One story-26in.

Reminder-1 310.

Twostonee-17th.

j Twostoriea-21 in.

Remainder- I Sin.

One ntoT--17{iv.

/	Remainder - 1 &n.

Height up to soft.

Length up to IOft.

ha& up to 6Jft. i

Laorth Unlimited.

One at?

- 17Jin.

/ TWO

stories-litin.

One &q--OL+in,

Remm er-isin.

Remainder- 13m.

TWO

~toriwa-17(in.

I	Bamnindw-I3in.

l

-.-

-I

Height up to Soft.

Lsngth up to 30ft.

Length up to 45ft.

Length Unliwitct!.

Wall below the topmat

. -

I-

Length up to 86h.
One story-17ain.
Rert of wall below topmost
story-lain

To	m e t shy-8t in.

~&mainder-8 in.

Height up 0 amt.

Length up to an.

I~ngth Unlimited,

all below 2 topmoat storieo-lain.

Wdl below topmoet atory-13in.

To most story-Sfin.
~!enminam--s %in.
Wall below topmost rrtorp -1 sin.
Topmost atory-8)in.
Rr~inrler-Eliin.
3. In using the abavs table, the height of the all is to be reckorled on the first

rerticsl wlnrnn on the left hand of the table, and the length of the wall on the

corresponding horizontal column.

The thickness of the wall in each story IS given

in incher, and be@

with the wall from the base upwards.

4. If m y externd or party wall, measured from centre to centre, is not more than
twentyfive feet distant from any other external or party wall to which it is tied by the beamr of any floor or floors other than the ground floor, or the floor of any story fotmed in the roof, the length of such well is not to be taken intu consideration, and the thicknew ut ths wall will be found in the second vertical column in the above
table.
5.' If any stcry exceed in hei~ht sixteen times the thickness prescribed for the
walls fif such story in the above table, the thickness of each external and party wall throughout such e toq ahall be increwed to one-sixteenth part of the heights of the
story; but any such additional thickness may be confined to piere, properly dis-
tributed, of which the collective widths amount to one-fourth part the length of the
wall.
6. NO story enclosed with walls less than thirteen inches in thickneud shall be more than fourteen feet in height.
7. The thickness of any wall of a dwellin -house, if built of materials other than

muck bricks ae sfomaid, ehdl be deemed to L su&ient

if made af the thicknw

required

44' & 45' VICTORIA?, No. 208.

--.

_C--ltlXII-.--."

- - - - - -

_..

The Building Act,-1881.

--~" - _

required by the above tables, or of such leas thicknes as may be approved by two disinterested competent referees, with this exception-that in the caae of walls built of rubble stone no diminution shall be allowed in the thickness requited by the foregoing rules for such last mentioned walls.

8. All buildings, excepting public buildings, and euch buildings a s are hereinafter defined to be buildings of the warehouse class, $hall, a8 respects the thickness of their walls, be subject t o the rules given for dwelling-houses.

PAItT 11.

Rules fob the Walls of

Buildinye uf

the Warehoztae C h a.

1. The warehousr! clam shdl comprise all warehouses, manufactories, breweries,

and distilleries, and chimneys appertaining to the same.

2. The external and party walls of buildings of the warehouse class shall, at the

base, be made of the thicknew shown in the following table, calculated for walls up

to one hundred feet in height, and supposed to be built of bricks, not less than

and a half inches, and not more than nine and a half inches in length.

Height up to LOOft.

Length up to 65ft.

Length

Base-26in.

Base-3Oin.

Base-34in.

Height up to 9Oft.

Length up to AOft.

Length

Raso-24in.

Ilaas-30in.

Base-34in.

TIeight up to 80ft.

l Length up to 45ft.

Length up to Goft.

Length Unlimited.

Baso--21&~

3ase-26in.

Base-30in.

Height up to 70ft.

Length up to 30ft.

Length up to 45ft.

I~ngth

Unlimited.

nase l?iin.

hse-21:in.

Base -26in.

lieight tip t u 60ft.	I Lmgh up to 35ft.	I	Length up to Soft.	I	Length Unlimited.
- -
Height up to 60ft.

Base-l74in.

Base-2liin

Base - 26in.

-

Height up to 4Oft.

Length up to 30ft.

Length up to 60ft.

Length Unlincited.

Baae 13in.

Base-17ain.

Bwe-2

l {in.

Height np to S W,

Length up to 4Sft.

Length

Unlimi t d.

Base 1310.

Base-

I7fi.n.

Height up to 26ft.	hngth	Unlimited.
Bane -	1Sin.

-- L---

4. The above table is to be used in the same manner as the table previously given

___L_,

for the walla of

dwelling-houses, and is subject to the same qualification8 and condi-

tions respecting walls not more than twenty-five feet distance from each other.
6. The thickness of the walla of buildings of the warehoase class a t the top, and
for sixteen feet below the top, shall be thirteen and a half inches, and the interme-
diate parts of the wall between the base and such sixteen feet below the top ahdl be
built solid throughout the space betwsen straight iines drawn on each side of the
wall,
44' & 45' VICTORIW, No. 208.

-11,	and joining the thickness at the base to the thickness at sixteen feet below the

top as above deternined.

S. If in m y sto

of a building of the warehouse class the thickne~s of the

wall,

d s t e m i a a by the dn harr!inWr& @pm,

is less t h ~ n

one-fourteenth

rt of the height of swb atoq-, the thickaess of the wtll shall be increased to one-

gurtesnth$" d

the height of the ,tow ; but my such additional thickness may

be confin

to piers properly distribnhd, of which the collective widths amount to

one-fourth part of the length of the wall.
7. The thicknem of any wall of a building of the watehouse class, if built of mataria18 other than euch bricks as aforeaaid, shall be deemed to be sufficient if madeof the thickness required by the above tables, or of auch less thickness ae may k - s p p m d by two disinteweted competent referees, with t h i s f~xception -that in the csse of walls built of rubble stone no diminution shall be allowed in the thickaess required by the foreping NIQS for auch last-mentioned walls.
8. The thicknem of the walls of any building of the warehouse class of greater

hei#	than one hundred feet shall be subjectsto the special sanction of the Council.

MISCELLANEOUS.
1. Tlre thickness of a cross wall shall be two-thirds the thickness hereinbefore required far an external or party wall of the same dimensions, and belonging to the rame clalrr of buildiag~, but never less than eight and a half inches No wall sub-dividing aup building shall be deemed to be a cross wall unless it is carried up two-thirds of the height of tbe external or party ~ v s l l s, and unless the recesses or openings therein do uot exceed one-half the vertical surface of the wall in ciwh story.
2. The thickness of every rubble stone wall shall be one-fourth greater than tho
thickness prescribed in the rnles aforesaid,

3. BuiZdings to which the preceding rules arc applicable, reqairc t l ~ c

spct:i,rl

sanatioa ~f &a Cowail.
4. The thickwas of crosa or partition walls, where the building i~ of one .;tor!-, <hail

not be less than four inches and a half;

and for buildings of

two stories the cross ~vdll

on the ground floor shall not be leas than four inches and a-half; and for the con-

stmuction of room on the first floor ~yhere

no cross walls are under, atud

p~~rt i t ions

may be used, such stud pzrtitions shall not be less than six inches, which shall in-
clude lath hnd plaster.
SECOND SCHEDULE.
FEES PAYABLE TO THE SWXICIPAL COUNCLI,.

six hundred feet in area, and not more than two

C 8. d.

.................................................... 1 10 0

...................................................... D 6 0

Par every addi t id

uare of m hundred feet or fraction of auch square

..........:.

But no h e &.U 0 x 2

Ten Pounds.

And for every building not crowding four hundred

.squat$ feet in area, and one s t q only in height

......................... 0 15 0

Fccs for Addttiwrs ors Alferatrons.

For eyere addition or dt~ratioa made in :ly building rher the roof thercon I ~ Y

bcen

ewered in, the fee shall be half of the fee charged far a nwr- building.

For iypwting the arches of stone floorn over or under public ways

..................

0 10

For irqeeting the fomt ioq of opening in party ash ..........................

0 10

YABT

S r.

For inspacting dangerous rtructum by direction of the Council ......................

N.R -Ip

this iwbedrdc "nroa'' shall include the area of any attached building.

In the name md on behalf of Her Majesty, I hereby assent to
this Bill.
WM. F, DRUMMOND JFJRVOIS, Governor.