Sydney Building Act 1838 No 29a (NSW)

No. XXV.

An Act to amend an Act intituled “ A n Act fo r ŝ ê ŷ ldino .

“ regulating Iluilclings and Party-ivcdls and fo r “ preventing Mischiefs hg Fire in the Town o f

“ Sydney A \12th October, 1838.]

r ilE llE A S an Act was passed by the Governor and Conncil of Prcamiiie.

V V New South Wales in the eighth year of the reign of His late

Majesty King "William the Eourth intituled “ An A ct fo r regulating ̂ N"- '*•

“ Buildings and Partg--walls and fo r preventing Mischiefs hg Fire in “ the Toion o f Sydney ” and whereas it is expedient to amend the said recited Act in manner hereinafter provided Be it therefore enacted by Each rate of building

l[is Excellency the Governor of New South Wales with the advice of

the Legislative Council thereof That in estimating the several rates of

building according to the number of squares of building on the

ground floor as in the said recited Act is provided there shall be added	*
in the proportion of one square to every such rate Provided that such
increase in the number of squares of building shall not be deemed

otherwise to interfere with the dimensions or other regulations of the	'
said recited Act as applicable to each such rate.

2. And be it enacted That every dwelling-house warehouse

stable and other building (except such buildings not being dwelling- raf̂ buiiding.'̂

houses as in the said recited Act and in this Act are declared to be of

the first rate or class of building) which is or shall be at the distance

of eight feet from any public road street or causeway and is or shall

be detached from any other property not in the same possession there­

with at least twenty feet or connected with any other building only

by a fence or fence-wall shall be deemed to be of the sixth rate or

(dass of building and shall and may be built of any dimensions and

with any materials whatever any thing in the said recited Act to the;

contrary notwithstanding.

shall be

3. And he it enacted That in anv case in which by the provi- Thickness of stone sions 01 the said recited Act any wail snail be directed or permitted to be built of stone the thickness of such wall shall be increased in the proportion of six inches above the dimensions required by the said recited Act unless such wall be entirely built of thorough stones unless of tbormigU • L* * 1 ^ k j . 11 r n 1 1* j. 1 *A 1 i walls to be increased,

Avrought or hammered square on beds and faces. stones.

4. Provided always and be it enacted That nothing in the said rroviso— recited Act contained shall be deemed or taken to require any footing o°n°a to a Avail Avhich shall be built upon a rock foundation any thing therein foundation, to the contrary notwithstanding.

5. And be it enacted That nothing in the said recited Act As to blinds and

contained shall be deemed or construed to prevtait the use of blinds or

Avooden shutters provided the same do not project from the upright

line

892 No. 25. VIC. 1838.

Sydney Building.

line of the building to which they belong more than the distance prescribed by the said recited Act for the cornice or covering thereof to any shop window according to the width of the street as is therein directed Provided however that no such blind or wooden shutter shall he allowed on the ground floor to project over the footway in any street in the operation of opening or otherwise so as to become a nuisance or obstruction to passers-by.

Verantlalis and	6. And be it enacted That nothing in the said recited Act
Luleoiiies of liard-

wood permitted	contained shall be deemed or construed to prevent the erection of
under certain	verandahs or balconies to any house within the town of Sydney if
restrictions.	wholly constructed of hard wood the produce of the said Colony or of such hard W'ood and any incombustible material provided the same are not permitted to approach nearer to the angle of tlie house to whicli they belong than the distance of two feet or arc separated from any adjoining verandah balcony or premises by a party-wall at least nine
8 Uul. IV. No. C	inches in thickness provided also that no such verandah or balcony be

s. 43 . allowed to project into the street beyond the distance permitted by the provisions of the said recited Act.

Ref^ulating the	7. And be it enacted That every flat gutter and roof of every
materials for

covering roofs,	building of the first second third fourth or fifth rate or class of building within the said town of Sydney which shall be built after the passing of this Act and every turret dormer and lanthorn light or other erection which shall be in the flat or roof of any such building and every external part of any flat gutter roof dormer and lanthorn in any building of the first second third fourth or fifth rate or class of building now built or which shall at any time after the passing of this Act be ripped or uncovered shall be covered witli glass copper lead tin zinc or other metal slate tile artificial stone or hard wood the produce of the said Colony except the doors door-frames windows and window-frames of such dormers turrets
Not to prevent the	lanthorn lights or other erections Provided always that nothing in the
use of sliingles of
harit wooil.	said recited Act contained shall be deemed or construed to prevent the use of shingles of hard Avood the produce of the said Colony for the covering of any roof in any case in Avhich slate or tile or any other incombustible material might be so used notwithstanding tliat such shingles shall be laid nearer than four inches to the external surface of any external wall any thing in the said recited Act to the contrary notwithstanding.

Not to prevent the8. And be it enacted That nothing in the said recited Act

use ofiiard woodfor contained sliall be deemed or construed to prevent the use of hard

' wood the produce of the said Colony as the external inclosure to any

building of the first second third fourth or fifth rate or class of building

provided the same do not project into the street beyond the distance

restricted by the said recited Act any thing therein to the contrary

notwitstanding.

Gateways may i)o

9. And bc it enacted That nothing in the said recited Act con­

tained shall be deemed to require any passage or way on the ground

wood.

for foot-passengers cattle or carriages to be arched over with brick or stone but that the same may be secured or arched with hard wood the produce of the said Colony provided the same be covered with cemented plaster ceiling any thing in the said recited Act to the contrary notwithstanding unless such passage or way shall form a thoroughfare to any building or buildings not being an office or offices belonging to the building through which such passage may pass.

Stair and landing of

Colonial hard wood 10. And be it enacted That nothing in the said recited Act

allowed to oftices. contained shall be deemed to prevent the erection of a stair and landing of hard wood the produce of the said Colony to any stable or other office attached to any building notAvithstanding that such stairs or landing be laid nearer than four inches to the external surface of any

external

1838. VIC. No. 26. 893

Flour Sfc. Exemption from Dutrj.

external wall any thing in the said recited Act to the contrary notwith­

standing.

11. And he it enacted Tliat it shall not he lawful for any No fee cimr̂ eaUe

Surveyor or Supervisor appointed under the provisions of the said recited Act to charge any separate fee upon any office belonging to any building of the first second third or fourth rate or class of building provided such office sliEdl he built at the same time as the building to which it may belong or be finished within six months after such building he covered in hut that the same shall he deemed to bc included in the fee which may be due to any such Surveyor or Supervisor for any such building Provided however that no stable NottoexemptstaUes

warehouse store or workshop shall he deemed to he an office so as to exempt the owner or proprietor of the same from the payment of any fee on account thereof which may be chargeable under the provisions of the said recited Act.

12. Provided always and he it enacted and declared That As to fees charge­

nothing in the said recited Act contained shall he deemed to authorize additions.

or require the payment of any fee to any Surveyor or Supervisor

appointed under the provisions thereof for any alteration or addition

to any building which shall not interfere with the dimensions or

materials as expressly regulated by the said recited Act any thing

therein to the contrary notwithstanding.

13. And whereas it is enacted by the said recited Act that the §

Colonial Secretary shall administer to the Surveyors and Supervisors be administered to appointed by the Governor to see the rules and regulations of the said g”rve''̂ oTor Su er recited Act well and truly observed in and throughout the town of vUOT%°speLedVitii.

Sydney the oath for the true and impartial execution of their office in that behalf and whereas it is expedient that the taking or administering of such oath should in future he dispensed with Be it therefore enacted That so much of the said recited Act as requires such oath to he taken or administered by or to any Surveyor or Supervisor as aforesaid shall be and the same is hereby repealed any thing in the said recited Act to the contrary in any wise notwithstanding.

14. Provided always and he it enacted That any action or Actions or proeeed-

procceding against any person for any thing which has been or shall formUy with tiiTAct

he done against the provisions of the said recited Act shall he 8 Wm. 4 No, o only

commenced and carried on only in conformity with the said provisions Act*L‘aUerea*and

as the same are altered and amended by the provisions of the present amended t>y this Act.

Act.