Sections 46, 88 and 91(2).
1Sections 4, 8 to 10, 16, 18, 21 to 23, 24(1), (2) and (4), 25 to 29. 32,36, 37, 39 and 40 of this Act do not apply to inner London.
2(1)Where, by section 91(2) above or by building regulations made under paragraph 6 of Schedule 1 to this Act or paragraph 14(1) of this Schedule, local authorities, or a prescribed person or class of persons other than local authorities, are made responsible for—
(a)enforcing, or
(b)performing prescribed functions under or in connection with,
building regulations in force in inner London, then, without prejudice to the said paragraphs 6 and 14(1), building regulations may in that connection provide for any relevant provision to apply (with any prescribed modifications, and notwithstanding paragraph 1 above) in relation to any such authority, person or class of persons as that provision applies in relation to a local authority outside inner London.
(2)In sub-paragraph (1) above, “relevant provision” means any of the following provisions of this Act that may be prescribed for the purposes of sub-paragraph (1) above: sections 4, 8 to 10, 16, 18(1), (4) and (5), 21 to 23,24(1), (2) and (4), 26 to 29, 32, 36, 37, 39 and 40.
3Without prejudice to the generality of paragraph 11(1) of Schedule 1 to this Act, building regulations may repeal or modify—
(a)any provision of the London Building Acts 1930 to 1939,
(b)any provision of an Act passed before the 20th September 1974, in so far as that provision—
(i)applies to or to any part of inner London, and
(ii)relates to, or to the making of, byelaws for or for any part of inner London with respect to any matter for or in connection with which provision can be made by building regulations, or
(c)any provision of byelaws made or having effect under the said Acts or of any such byelaws as are mentioned in sub-paragraph (b)(ii) above,
if it appears to the Secretary of State that the repeal or, as the case may be, the modification of that provision is expedient—
(i)in consequence of the application of any of sections 61, 62 and 67 of the [1936 c. 49.] Public Health Act 1936, sections 4(2), (5), (6) and (7), 5 and 9 of the [1961 c. 64.] Public Health Act 1961 and sections 61 to 74 and 76 of the [1974 c. 37.] Health and Safety at Work etc. Act 1974 to inner London by virtue of section 70(1) of the said Act of 1974 (which section is repealed by and incorporated in this Act),
(ii)in consequence of paragraph 2 or 14 of this Schedule, or
(iii)in connection with any provision contained in building regulations that apply to or to any part of inner London.
4Before making any building regulations that provide for the repeal or modification of any such provision the Secretary of State shall (without prejudice to the requirements as to consultation in section 14(3) of this Act) consult the Greater London Council and any other local authority who appear to him to be concerned.
5Sections 71 to 75, 77 to 83, 85 and 90 of this Act do not apply to inner London.
6Sections 59 to 61 of this Act do not apply to the Inner Temple or the Middle Temple.
7(1)It is not lawful in an inner London borough—
(a)to erect a house or other building, or
(b)to rebuild a house or other building that has been pulled down to, or to a level below, the floor commonly called the ground floor,
unless—
(i)there are provided to the satisfaction of the borough council drains conforming with the requirements of this paragraph, and
(ii)all such drains and all works and apparatus in connection with them are constructed to the satisfaction of the council and, in particular, are constructed of such materials and size, at such level and with such fall as are approved by the council, and are provided with a water supply.
(2)In an inner London borough it is not lawful to occupy a house or other building that has been erected or rebuilt in contravention of sub-paragraph (1) above or of paragraph 13(1) of Part III of Schedule 9 to the [1963 c. 33.] London Government Act 1963.
(3)In order to conform with the requirements of this paragraph, a drain must provide for the drainage of the house or building in connection with which it is required—
(a)into such sewer, situated or intended to be constructed near the house, building or site, as the borough council may direct, or
(b)if no sewer is or will be available for the drainage of the house or building, into such covered cesspool or other place, not being under any house or other building, as the council may direct,
and the drains must secure efficient drainage by gravitation at all times and under all conditions of all parts of the house or building, including any areas, water-closets, privies and offices belonging to the house or building.
(4)In rebuilding in an inner London borough a house or building that has been pulled down to, or to a level below, the floor commonly called the ground floor—
(a)the level of the lowest floor of the house or building shall, subject to sub-paragraph (5) below, be raised so far as may be necessary to allow of the construction of such works as are required by this paragraph, and
(b)for that purpose levels shall be taken and determined under the direction of the borough council.
(5)Notwithstanding anything in the foregoing provisions of this paragraph, where it is proposed to erect or rebuild in an inner London borough a house or building at such a level as will not allow of the drainage of all parts of the house or building by gravitation as aforesaid, the borough council may, as respects any part of the house or building that cannot be so drained, either—
(a)allow that part to be constructed so as not to require drainage from it, or
(b)allow that part to be drained by means of such pumping or lifting apparatus as may be provided to the satisfaction of the council,
and any pumping or lifting apparatus provided under this sub-paragraph is deemed to be a drain.
(6)Where separate sewers for the reception of surface water and sewage respectively have been, or are intended to be, provided in a street, the borough council may, in the discharge of their functions under this paragraph in relation to a house or other building that is to be drained into the sewers in that street, require that the house or building be provided with separate drains for discharging surface water and sewage respectively into the appropriate sewers.
(7)A person aggrieved by a direction, requirement or other decision of a borough council under this paragraph may appeal to a magistrates' court.
8(1)Where in an inner London borough—
(a)a house or other building, whenever erected, is not drained, to the satisfaction of the borough council, by means of a sufficient drain communicating with, and emptying itself into, a sewer, and
(b)a sewer is or will be available for the drainage of the house or building,
the council may, by notice served on the owner of the house or building, impose such requirements as are mentioned in sub-paragraph (2) below.
(2)The requirements that may be imposed by notice under sub-paragraph (1) above are requirements—
(a)to construct a covered drain from the house or building into the said sewer and such connections to the drain as are adequate for the purposes of draining the house or building, including any areas, water-closets, privies and offices belonging to the house or building, and of conveying the sewage from it into the sewer,
(b)to construct the drain and the connections of such materials and size, at such level and with such fall as are adequate for the said purposes,
(c)to provide proper paved or impermeable sloping surfaces for carrying surface water into the drain or any connections to it,
(d)to provide proper sinks, and proper inlets and outlets, syphoned or otherwise trapped, for preventing the emission of effluvia from the drain or any connection to it,
(e)to provide a proper water supply and water-supplying pipes, cisterns and apparatus for scouring the drain and any connections to it, and for causing the drain and any connections to it to convey away the soil,
(f)to provide proper sand traps, expanding inlets and other apparatus for preventing the entry of improper substances into the drain or any connections to it, and
(g)to provide all such other proper works and arrangements as appear to the council or their officers necessary to secure the safe and proper working of the drain and to prevent it from obstructing or otherwise injuring, or impeding the action of, the sewer into which it leads.
(3)Where—
(a)a house or other building in an inner London borough, whenever erected, is without sufficient drainage, and
(b)there is no proper sewer within 200 feet of any part of the house or building,
the borough council may, with a view to making temporary provision for the drainage of the house or building and for the abatement of any nuisance existing in it or caused by it, serve on the owner of the house or building a written notice requiring him—
(i)to construct, elsewhere than under a house and not nearer to any house than the council may direct, a covered watertight cesspool or tank or other suitable receptacle, and
(ii)to construct and lay a covered drain leading from the first mentioned house or building into that cesspool, tank or other receptacle.
(4)Where a borough council have required any works to be executed under the foregoing provisions of this paragraph, the council may, from time to time during the execution of the works, cause them to be inspected, and may by further notice served on the owner of the house or building require such reasonable alterations of them, additions to them or abandonment of parts of them as the council or their officers, with the fuller knowledge afforded by the opening of the ground, consider necessary to secure that the works will be thoroughly effective for their purpose.
(5)Where—
(a)it appears to the council of an inner London borough that a group or block of contiguous houses, or of adjacent detached or semi-detached houses, can more economically or advantageously be drained and improved in combination than separately, and
(b)a sewer of sufficient size is situated, or is about to be constructed, within 100 feet of a part of the group or block,
the council may by order (which they may by order vary or revoke) require that the group or block be drained by a combined operation complying with such of the requirements mentioned in sub-paragraph (2) above as may be specified in the order.
(6)In sub-paragraph (5) above, “house ” includes a school and also a factory or other building in which persons are employed and, in relation to a house as so defined, includes its curtilage.
(7)Any person aggrieved by an order made by a borough council under sub-paragraph (5) above may appeal to a magistrates' court.
(8)Sub-paragraphs (5) to (7) above apply to the City of London as if references in them to an inner London borough and its council were references to the City of London and its Common Council.
(9)Sections 99 and 102 of this Act apply in relation to a notice given under sub-paragraph (1) or (3) above.
9(1)No person shall—
(a)begin to lay or to dig out the foundations of a house or building in an inner London borough, or to rebuild a house or building in an inner London borough, or
(b)begin to make a drain for the purpose of draining directly or indirectly into a sewer under the control of the council of an inner London borough,
unless, at least seven days previously, he has given to the borough council notice of his intention to do so, and if a person begins to lay or dig out the foundations of such a house or building, or to make a drain for the purpose aforesaid, in contravention of this paragraph, he is liable to a fine not exceeding level 1 on the standard scale and to a further fine not exceeding two pounds for every day thereafter until the notice is given.
(2)If a house or building, or a drain for draining directly or indirectly into a sewer under the control of the council of a London borough, or any connections to such a drain, or any works, apparatus or water supply in connection with such a drain, is or are begun, erected, made or provided in an inner London borough in contravention of this Part of this Schedule, the borough council at their option may either—
(a)serve upon the owner of the house or building or of the drain, as the case may be, a notice requiring him to cause the house or building to be demolished or altered, or to cause the drain or the connections or other works and apparatus in connection with it or the water supply to be relaid, remade, altered or added to, as the case may require, or
(b)recover from the person in default, as a debt due from him to the council, a penalty not exceeding five pounds, and a further penalty not exceeding two pounds for every day on which the contravention continues.
(3)Sections 99 and 102 of this Act apply in relation to a notice given under sub-paragraph (2) above.
10(1)The Greater London Council may make byelaws in relation to the demolition of buildings in the inner London boroughs—
(a)requiring the fixing of fans at the level of each floor of a building undergoing demolition,
(b)requiring the hoarding up of windows in a building from which sashes and glass have been removed,
(c)regulating the demolition of internal parts of buildings before any external walls are taken down,
(d)requiring the placing of screens or mats, the use of water or the taking of other precautions to prevent nuisances arising from dust,
(e)regulating the hours during which ceilings may be broken down and mortar may be shot, or be allowed to fall, into any lower floor,
(f)requiring any person proposing to demolish a building to give to the borough council such notice of his intention to do so as may be specified in the byelaws.
(2)Byelaws under this paragraph may make different provision for different cases, and in particular may provide that, in their application to an area specified in the byelaws, the byelaws shall have effect subject to such modifications or exceptions as may be so specified.
(3)No byelaws under this paragraph shall apply to a building (not being a dwelling-house) belonging to a board carrying on a railway undertaking and used by that board as a part of, or in connection with, that undertaking.
11The Greater London Council shall make byelaws with respect to sanitary conveniences, ashpits, cesspools and receptacles for dung and their accessories, in connection with buildings in the inner London boroughs, the Inner Temple and the Middle Temple, whenever erected.
12It is the duty of each local authority to enforce in their area any byelaws under paragraph 10 or 11 above that are in force in their area.
13Part IV of this Act does not apply in relation to this Part of this Schedule, save that in paragraph 11 above “sanitary conveniences ” and “cesspools” have the meanings given by section 126 above.
14(1)Building regulations may, to such extent as the Secretary of State thinks fit, make—
(a)local authorities other than the Greater London Council, or
(b)district surveyors,
responsible for the enforcement of building regulations in inner London to the exclusion of the Greater London Council.
(2)Subject to any building regulations made by virtue of sub-paragraph (1) above or paragraph 6 of Schedule 1 to this Act, the functions of enforcing building regulations conferred on local authorities generally by section 91(2) of this Act is not conferred on the council of an inner London borough, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple.