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Building

Building, defined by Lord Esher in Moir v. Williams, (1892) 1 QB 270, as an inclosure of brick or stone covered by a roof, and said by Park, J., in R. v. Gregory, (1833) 5 B. & Ad. At p. 561, not to include a wall; but the definition depends on circumstances, and may include a reservoir, Moran v. Marsland, (1909) 1 KB 744. The London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.), has no definition. The term 'new building' was defined in s. 23 of the (English) Public Health Acts Amendment Act,1907 (c. 53) (now repealed); and see also Southend-on-Sea Corporation v. Archer, (1901) 70 LJ KB 328; South Shields Corporation v. Wilson, (1901) 84 LT 267. An old railway carriage will be a 'new building' if the interior arrangements are altered, Hanrahan v. Leigh Urban Council, (1909) 2 KB 257. An advertisement hoarding is a building within a restrictive covenant, Nussey v. Provincial Bill Posting Co., (1909) 1 Ch 734; Stevens v. Willing & Co. Ltd., 1929 WN 53. See also Paddington Corporation v...


New building

New building. Under the (English) Road Improvement Act, 1925 (15 & 16 Geo. 5, c. 68), s. 11, new building 'includes any addition to an existing building.'The question whether any building is a 'new building' is in general one of fact, see Ballard v. Horton's Estate Ltd., (1926) 24 LGR 449. So also in the case of temporary buildings (q.v.), Rodwell v. Wade, (1924) 23 LGR 174; and Keeling v. Wirral Rural District Council, (1925) 23 LGR 201.S. 23 of the (English) Public Health Act (Amendment) Act, 1907 (7 Edw. 7, c. 53), contained elaborate definitions of a 'new building,' but this section has been repealed as from the 1st October, 1937, by the Public Health Act, 1936, and of which the provisions relating to building and building bye-laws will be found in Part II. of the Act. 'New building' is not defined, but s. 62 provides for the application of bye-laws for the construction, materials, space for, lighting, ventilation, and dimensions of rooms for human habitation, also height of existi...


Building societies

Building societies, associations of persons subscribing to a common fund which is employed in making advances to such members (called 'advanced members') as desire to obtain them on the security of real or leasehold property, while those members who do not desire an advance (called 'investing members' ) simply pay their contributions to the society and receive interest thereon. Building societies are either (a) Unincor-porated, or (b) Incorporated. Unincorporated societies (now few in number) are governed by the (English) Building Societies Act of 1836 (6 & 7 Wm. 4, c. 32), and certain sections of the old (English) Friendly Societies Acts of 1829 and 1835 (repealed for all other purposes) incorporated therewith. Incorporated societies are governed by the (English) Building Societies Acts, 1874 to 1894, and the (English) Building Societies Regulations, 1895, made thereunder. A cross division of these societies is into (1) Terminating, and (2) Permanent. A Terminating Society is one whic...


Building Acts (English)

Building Acts (English). The Acts commonly so called apply only to the metropolis, and have been called the Metropolitan Building Acts. The Metropolitan Building Acts, 1855 and 1862 (which were public general Acts), and their amending enactments wee repealed and re-enacted with many amendments by the local and personal London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), and its amending Acts of 1898 and 1905. These in their turn are repealed by the London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.). see LONDON BUILDING ACT.The old Building Act, par excellence, the (English) Fires Prevention (Metropolis) Act, 1774 (14 Geo. 3, c. 78), although otherwise partial and repealed, has two ss., 83 and 86, which are still in force and (it is submitted) of universal application. See as to s. 86, Ex parte Goreley, (1864) 4 De G. J. & S. 477, but compare Westminster Fire Office v. Glasgow Provident Society, (1888) 13 App Cas 167, per Lord Watson. s. 33 provides for the application of insuranc...


Church Building Acts (English)

Church Building Acts (English). For the purpose of building and promoting the building of additional churches in populous parishes numerous Acts, commencing with the Church Building Act, 1818 (58 Geo. 3, c. 45), have been passed from time to time. for a list of eighteen of these Acts up to 1869, see the schedule to the New Parishes Acts and Church Building Acts Amendment Act, 1884 (47 & 48 Vict. c. 65).In the year 1856 the powers of the Church Building Commissioners were, by 19 & 20 Vict. c. 55, transferred to the Ecclesiastical Commissioners, a body incorporated by 6 & 7 Wm. 4, c. 77. See ECCLESIASTICAL COMMISSIONERS....


Destruction of buildings

Destruction of buildings, The consequence of 'des-truction of buildings' has been discussed by R. E. Megarry and H. W. R. Wade in The Law of Real Property as under:Destruction of buildings.--If there is a lease of land and buildings, the destruction of the buildings does not affect the continuance of the lease, so that the lessee remains entitled to possession of the land and any buildings that may subsequently be erected on it. But the complete destruction of the whole of the dismissed premises, as where an upper-floor flat is destroyed by fire, produces problems that yet have to be solved. One view is that the tenancy would come to an end, and with its liability on the covenants, for there would no longer be any physical entity which the tenant could hold of his landlord for any term, and there can hardly be tenure without a tenement. Another view is that the tenancy (and with its liability on the covenants) would endure in the air space formerly occupied by the flat, and would thus ...


Building operation

Building operation, means construction, structural alteration, repair or maintenance of an building (including repointing, external cleaning), the demolition of building, the reparation for and laying the foundations of, an intended building and the creation and dismantling of cranes or scaffolding, Halsbury's Laws of England, Vol. 21, 4th Edn., Para 490, p. 364....


Building contract

Building contract, 'A building contract means a contract for the building of anything--not necessarily a house, but any other physical construction', Carlisle R.D.C. v. Carlisle Corporation, (1909) 1 KB 471 (483).Building contract, is a contract by which a person (commonly called contractor) undertakes for consideration to carry out works of or for construction (or demolition) for another person (commonly called the employer or owner), Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 301, p. 276; Carlisle RDC v. Carlisle Corpn., (1999) 1 KB 471; Gilbert Ash (Northern) Ltd. v. Modern Engineering (Bristol) Ltd., (1974) AC 689: (1973) 3 All ER 195....


Heritage building

Heritage building, means any building of one or more premises or any part thereof which requires preservation and conservation for historical, architectural environmental or cultural importance, and includes such portion of the adjoining such building or all parts thereof as may be required for fencing or covering or otherwise preserving such building, and also includes the areas and buildings requiring preservation and conservation for the purpose as aforesaid under sub-clause (ii) of clause (a) of sub-section (4) of section 31 of the West Bengal Town and Country (Planning and Development) Act, 1979 (West Bengal Act 13 of 1979), monuments of heritage importance, as defined in clause (i) of this section precincts or such other sites commonly considered for heritage importance, the West Bengal Heritage Commission Act, 2001, s. 2(f)....


London Building Act, 1930

London Building Act, 1930 (20 & 21 Geo. 5, c. clviii.[, a local and personal Act, consolidates the enactments relating to streets and buildings in London, of which the London Building Act, 1894 (57 & 58 Vict. c. ccxiii.), was the most important. The Act has seventeen Parts.I. Introductory.II. Formation and Widening of Streets.III. Lines of Building Frontage.IV. Naming and Numbering of Streets.V. Open Spaces about Buildings and Height of Buildings.VI. Construction of Buildings.VII. Special and Temporary Buildings and Wooden Structures.VIII. Means of Escape in Case of Fire.IX. Rights of Building and Adjoining Owners.X. Dangerous and Neglected Structures.XI. Dangerous and Noxious Businesses.XII. Dwelling-houses on Low-lying Land.XIII. Sky Signs.XIV. Superintending Architects and District Surveyors.XV. Bye-laws.XVI. Legal Proceedings.XVII. Miscellaneous....


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