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than five squares of building on the ground plan thereof, shall be deemed the third rate or class of building.

the third rate.

IX. And it is hereby further enacted, that every front, side, end, or other external wall Thickness of (not being a party-wall) which shall, after the said external walls to twenty-fourth day of June, be built to any third-rate Fig. 1036. building, or to any addition thereto or enlargement thereof, shall be built and remain, at the foundation thereof, of the thickness of two bricks in length, or one foot five inches and an half at the least, and shall from thence regularly and gradually diminish on each side of the wall two inches and a quarter to the top of the footing of every such wall, except where any immediate adjoining building will not admit of such footing being made on the side of such wall next such adjoining building, in which case such footing shall be made as near to the dimensions herein directed as the case will admit, which footing shall be six inches high at the least, and wholly below the upper surface of the pavement and flooring-boards of the cellar story two inches at the least; and every such wall shall, from the top of such footing, be of the thickness of one brick and an half in length, or thirteen inches at the least, up to the under side of the ground-floor, and from thence of the thickness of one brick in length, or eight inches and an half at the least, up to the under side of the blocking-course or coping on the parapet of every such thirdrate building.

Thickness of

Two pair

One pair

Ground

X. And it is hereby further enacted, that every party-wall which shall, after the said twenty-fourth day of June, be built party-walls to the to any third-rate building, or to any addition thereto third rate. Fig. 1011. or enlargement thereof, shall be built and remain, at the foundation thereof, of the thickness of three bricks in length, or two feet two inches at the least, and shall from thence regularly and gradually diminish on each side of the wall four inches and an half to the top of the footing of every such wall, which footing shall be nine inches high at the least, and wholly below the upper surface of the pavement and flooring-boards of the cellar story two inches at the least; and every such party-wall shall, from the top of such footing, be of the thickness of two bricks in length, or one foot five inches and an half at the least, up to the under side of the ground floor, and from thence of the thickness of one brick and an half in length, or thirteen inches at the least, up to the top of every such party wall.

Fourth rate.

Basement

Flor

Fig. 1041.

XI. And be it further enacted, that every warehouse, stable, and other building, not being a dwelling-house, except such buildings as are herein particularly declared to be of the first, fifth, sixth, or seventh rate or class of building, now built or hereafter to be built, which does not or shall not exceed one clear story above ground, exclusive of the rooms (if any) in the roof thereof, or which is not or shall not be of the height of more than thirteen feet from the surface of the pavement, ground, or way above the area before either of the fronts thereof to the top of the blocking-course or coping on the parapet thereof, and every dwelling-house now built or hereafter to be built, which, with the offices thereto belonging and adjoining, or connected otherwise than by a fence or fence-wall, or covered passage open on one or both sides, when finished, does not or shall not exceed the value of one hundred and fifty pounds, and also every dwelling-house which does not or shall not exceed three squares and an half of building on the ground plan thereof, shall be deemed to be of the fourth rate or class of building.

Thickness of

external walls to

the fourth rate.

XII. And it is herby further enacted, that every front, side, end, or other external wall which shall, after the said twentyfourth day of June, be built to any fourth-rate building, Fig. 1012. or to any addition thereto or enlargement thereof, shall be built and remain, at the foundation thereof, of the thickness of two bricks in length, or one foot five inches and an half at the least, and shall from thence regularly and gradually diminish on each side of the wall two inches and a quarter to the top of the footing of every such wall, except where any immediate adjoining building will not admit of such footing being made on the side of such wall next such adjoining building, in which case such footing shall be made as near to the dimensions herein directed as the case will admit, which footing shall be six inches high at the least, and wholly below the

One pair

Ground

Basement

Floor

Fig. 1042.

upper surface of the pavement and flooring-boards of the cellar story two inches at the least; and every such wall shall, from the top of such footing, be of the thickness of one brick and an half in length, or thirteen inches at the least, up to the under side of the groundfloor, and from thence of the thickness of one brick in length, or eight inches and an half at the least, up to the under side of the blocking-course or coping on the parapet of every such fourth-rate building.

fourth rate.

XIII. And it is hereby further enacted, that every party-wall which shall, after the said twenty-fourth day of June, be built to any fourth-rate building, or to any Thickness of addition thereto or enlargement thereof, shall be built and remain, at the party-walls to the foundation thereof, of the thickness of two bricks in length, or one foot five Fig. 1037. inches and an half at the least, and shall from thence regularly and gradually diminish on each side of the wall two inches and a quarter to the top of the footing of every such wall, which footing shall be nine inches high at the least, and wholly below the upper surface of the pavement and flooring-boards of the cellar story two inches at the least; and every such party-wall shall, from the top of such footing, be of the thickness of one brick and an half in length, or thirteen inches at the least, up to the under side of the ground-floor, and from thence of the thickness of one brick in length, or eight inches and an half at the least, up to the top of every such party-wall.

Party walls to be

between house and house and except in such

other buildings,

parts where each walls.

have independent

XIV. And it is hereby enacted by the authority aforesaid, that from and after the said twenty-fourth day of June every house or building thereafter to be built, and being of the first, second, third, or fourth rate or class of building herein before directed, and not having each of them a separate and distinct side-wall on the part or parts where they are or shall be contiguous, shall have partywalls between house and house or other buildings, or between so much of such house and house or other buildings as shall not respectively have such separate and distinct walls as aforesaid; and such party-walls shall extend to the outer surfaces of the external inclosures of each of the adjoining houses or buildings; and all party-walls, and also all chimneys and chimney-shafts hereafter to be built, shall be built wholly of good sound bricks or stone, or of good sound brick and stone together, except such timber, wood, lead, or iron work as shall or may be laid therein according to the directions herein-after contained, and also except such piling, bridging, or planking as may be necessary for the foundation thereof; and every such party-wall shall be topped or coped with stone, tile, or brick, and shall be of the dimensions herein-before directed; and one half of every such party-wall between house and house, or between other buildings, shall be built on the ground or scite of one of the adjoining houses or buildings, and the other half thereof shall be built on the ground or scite of the other of the adjoining houses or buildings; and it shall be lawful for the first builder of any such party-wall, and for the workmen employed in building the same, to enter upon the ground adjoining thereto in order to the building such party-wall in manner aforesaid.

high to be built

XV. Provided nevertheless, and it is hereby enacted, that every party-wall which shall, after the said twenty-fourth day of June, be built to any dwelling-house All party-walls exceeding four stories in height from the foundation thereof, exclusive of the above four stories rooms (if any) in the roof of either of the buildings adjoining thereto, shall as of the first rate. be built in every particular according to the directions herein-before contained with respect to the party-walls of the first rate or class of building, notwithstanding such house shall not be of the first rate or class of building; and every party-wall which shall, Party-walls to after the time aforesaid, be built to any dwelling-house containing four stories houses, being in height from the foundation thereof, exclusive of the rooms (if any) in the four stories high, roof of either of the buildings adjoining thereto, shall be built in every par- of the third rate. ticular according to the directions herein-before contained with respect to party-walls of the third rate or class of building, notwithstanding such house shall be of the fourth rate or class of building only.

fourth-rate

to be built as

sions of different

third, and fourth

XVI. And it is hereby further enacted, that every internal inclosure to be made after the said twenty-fourth day of June for separating any building of the first, Materials of divisecond, third, or fourth rate or class of building from any other building, possessions in the where such buildings shall be in separate occupations, and every addition or it, cond enlargement to such internal inclosure, shall be of brick or stone, or artificial rates. stone or stucco, or of brick and stone or artificial stone or stucco together, except such timber, wood, lead, or iron work as may be laid therein according to the directions hereinafter contained for external inclosures to such first, second, third, or fourth rate or class of building, and also except such piling, bridging, or planking as may be necessary for the foundation of the same.

XVII. And it is hereby enacted by the authority aforesaid, that in valuing the several buildings herein before declared to be of the first, second, third, or fourth rate Method of ascer or class of building for the purpose of ascertaining the rate thereof, such taining the rate, valuation to be made by the surveyor or surveyors to be appointed pursuant to this act for the district in which the building is or may be situated by as true a measure and estimation

Squares taken at the level of the entrance.

as the nature of the case will admit; and every such building shall, notwithstanding any decay therein, be estimated and valued as if the materials whereof the same consists were sound and the work thereof new; and every such building shall be estimated and valued at the several prices the like materials and workmanship shall be worth at the time such valuation shall be made; but neither the soil whereon any such building stands, nor any fence or fence-wall, (except the railing to areas, and steps before or behind such building, made for the purpose of inclosing the said building, with the offices, yard, or appurtenances thereto belonging, from any neighbouring ground,) nor any brick or stone arched vault or vaults under the surface of the ground, either before or behind such building, nor any lead, covering, or pavements over such vaults, nor such parts of the party-wall or party-walls to such building as stand upon ground not belonging to such house, shall be included in any such valuation; and in ascertaining the squares of building contained in every such building, being a dwelling-house, the same shall be taken by the surveyor or surveyors as aforesaid on the level of the floor at the principal entrance to such dwelling-house, and no more than such parts of the party-walls as belong to such dwelling-house shall be included in such admeasurement; and in case the owner or any other person interested in such building shall apprehend him or herself to be injured by the admeasurement or valuation made by such surveyor or surveyors as aforesaid, it shall be lawful for such owner or other person to apply to the mayor or any two justices of the peace for the city of London, if such building or any part thereof is situated within the said city, or otherwise to any two justices within whose jurisdiction the same is situated, and the said mayor or justices shall inquire into the matter, and shall, by his or their order, declare such building to be of such rate or class as the same shall to him or them appear to be of, according to the description of the several rates or classes hereinbefore contained; and it shall be lawful for any of the parties between whom such order shall be made to appeal to the justices of the peace at their general quarter sessions of the peace, whose order and determination shall be binding and conclusive to all parties.

XVIII. And be it further enacted, that every dwelling-house, warehouse, stable, and Fifth rate of other building, (except such buildings, not being dwelling-houses, as are building. herein-before particularly declared to be of the first or seventh rate or class of building,) which is or shall be at the distance of four feet and not eight feet from any public road, street, or causeway, and is or shall be detached from any other building not in the same possession therewith sixteen feet at the least and not thirty feet, or connected with any other building only by a fence or fence-wall, shall be deemed to be of the fifth rate or class of building, and shall and may be built of any dimensions whatever.

XIX. And be it further enacted, that every dwelling-house, warehouse, stable, and Sixth rate of other building, (except such buildings, not being dwelling-houses, as are building. herein-before particularly 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 building not in the same possession therewith at least thirty feet, or connected with any other building only by a fence or fence-wall, shall be deemed to be of the sixth rate or class of building, and shall and may be built of any dimensions and with any materials whatever.

XX. And be it further enacted, that every cranehouse now built or hereafter to be Seventh rate built on any wharf or quay, and every shamble, windmill, or watermill, and of building. also every building which is or shall be situated without the cities of London and Westminster, and the liberties thereof, used for workshops or drying places for tanners, fellmongers, glue-makers, size-makers, calico-printers, whitsters, whiting-makers, curriers, leather-dressers, buckram-stiffners, oil-cloth painters, wool-staplers, throwsters, parchmentmakers, and paper-makers, so long and at such times as they are or shall be used for some or one of those purposes, and no longer, shall be deemed the seventh rate or class of building, and may be built of any dimensions whatever.

XXI. And it is hereby further enacted, that every such cranehouse which shall be Materials of erected and built after the said twenty-fourth day of June, and every addition Cranehouses. or enlargement to any cranehouse already built or hereafter to be built, and every new side, new end, or other new external inclosure which shall, after the said twentyfourth day of June, be made to any such cranehouse, or to any addition or enlargement thereof, shall be of stone, brick, slate, tile, oak, elm, steel, iron, or brass; but every other building of the seventh rate or class of building may be erected of any materials whatever; No seventh rate and no cranehouse or other building of the seventh rate or class of building, or any external part thereof, shall, after the said twenty-fourth day of June, be covered with pitch, tar, or any other inflammable composition or material whatever, nor shall, after the said twenty-fourth day of June, be converted to any other use than as aforesaid,

building to be covered with pitch, tar, &c.

XXII. And in order to prevent doubts which may arise concerning the rate or class of Detached offices building of any office or offices now built or hereafter to be built, belonging to any building herein-before declared to be of the first, second, third, or fourth

deemed of the same rate as if

any other build

rate or class of building, it is hereby further enacted and declared, that every independent of such office which shall be entirely free and detached from such building to ing. which the same belongs, or shall be connected therewith only by a fence or fence-wall, or covered passage open on one or both sides, shall be deemed to be of the rate or class of building such office would be of if the same did not appertain to any dwelling-house or other building.

Where one ad

joining built with
independent
walls, the owner
have but half the
half the scite o
the old party-wall

of the other to
materials and

when pulled

XXIII. And whereas some houses or other buildings erected or begun to be erected before the said twenty-fourth day of June may have one or more good sound How long old party-wall or party-walls, although not built agreeable to the several rules sound party-walls herein-before directed to be observed concerning party-walls to be built after may remain. the said twenty-fourth day of June, and in such case it may happen that one of the adjoining houses may have been or may hereafter be rebuilt, without making use of such party-wall or party-walls; it is therefore hereby enacted, that every such wall may remain as a party-wall until both the houses or buildings to which the same belongs, or the remaining house or building where one has been already rebuilt, shall be rebuilt, (if such wall shall so long continue sound,) and no longer; and that in case either of the houses or buildings to which any such party-wall does belong has been or shall hereafter be rebuilt with a wall against such party-wall (without making use of such party-wall) of the heights and thicknesses herein-before prescribed for side-walls, the proprietor of such remaining house or building shall not, when such remaining house or building or when such old party-wall shall be taken down, be entitled to more than one half of the materials of such down." old party-wall, nor to more than one half of the ground on which such old party-wall was erected; nor shall such proprietor build on more than one half of the said ground, unless he shall have agreed with and satisfied the owner or owners of such adjoining rebuilt house for the other half thereof; and in case the parties cannot agree concerning the same, and both or either of them shall be desirous of buying or selling, the price and the matters in difference shall be settled by a jury to be summoned, returned, and impannelled as herein-after is mentioned concerning mixed property; but if such remaining Party-walls not house or building be of the first, second, or third rate or class of building, or thickness to be be four stories high from the foundation thereof, exclusive of the rooms (if taken down, any) in the roof thereof, and if in that case such old party-wall shall not be of houses is rebuilt. the thickness of two bricks in length, or one foot five inches and an half at the least, from the foundation thereof to the under side of the ground floor, and from thence upwards to the top thereof of the thickness of one brick and an half in length, or thirteen inches at the least, then such old party-wall shall, when either of the houses or buildings to which the same belongs shall be rebuilt, be considered as if the same had been condemned or adjudged ruinous pursuant to the directions herein-after contained for condemning or adjudging ruinous any unsound party-wall; or if such old party-wall shall have any Ends of timbers timber or timbers of any adjoining building lying through the same, and lying through old if when either of the houses or buildings to which the same belongs shall cut off when one be rebuilt the owner or owners of such adjoining or remaining house or built. building will not permit so much of such timber to be cut off as shall leave full six inches of clear brickwork beyond the end of every such timber, then every such wall shall be considered as if the same had been condemned or adjudged ruinous pursuant to this act, and the same shall be taken down and rebuilt in such manner as is herein-after directed concerning party-walls which shall be so condemned or adjudged ruinous.

being of sufficient

when one of the

party-walls to be

building is re

when one house

rebuilt.

XXIV. And whereas some houses or other buildings erected or begun to be erected before the said twenty-fourth day of June one thousand seven hundred and Timber partitions seventy-four may have one or more good and sound timber partition or timber to be taken down partitions between the same and the adjoining house or building; it is hereby or one front is enacted, that every such timber partition may remain until one of the adjoining houses or buildings to which the same belongs shall be rebuilt, or shall have one of the fronts which shall abut on such timber partition, or two third parts of one of such fronts, taken down to the bressummer or one pair of stairs floor, and rebuilt, or until such timber partition shall be condemned pursuant to the directions hereinafter contained concerning ruinous or defective party-walls and party-partitions, and no longer.

party-wall.

XXV. And, as a further security against fire, it is hereby enacted, that no wall or walls of any building of the first, second, third, or fourth rate or class of building, External walls already erected or built or hereafter to be erected or built, or of any addition shall not become or enlargement made or to be made to any building of such first, second, third, or fourth rate or class of building, which shall not be a party-wall on the said twentyfourth day of June, shall ever be or become a party-wall, unless the same shall be and remain of the heights and thicknesses above the footings, and of the materials, herein-before directed concerning party-walls to be erected after the time aforesaid.

XXVI. And, as a greater security from fire, it is hereby further enacted, that every

Party-walls to be

above any building

against them.

party-wall which shall be built after the said twenty-fourth day of June, and one foot six inches every addition or enlargement which shall be thereafter made to any partywhich shall gable wall then built or thereafter to be built, shall be carried up and remain one foot six inches at the least above the roof of the highest building which shall gable against or adjoin to such party-wall in every part of such party-wall where such building shall gable or adjoin thereto, measuring at a right angle with the back of the rafters of such roof; and every such party-wall shall be carried up and remain one foot at the least above the gutters of the highest of such buildings, except the height of such party-wall, where so carried up, shall exceed the height of the blocking-course or parapet of either of the fronts abutting on the same of the highest building adjoining thereto, in which case the end only of every such party-wall next such blocking-course or parapet may be less than one foot above the gutter for the distance of two feet six inches from the front of such blocking-course or parapet; and in case any dormer or other erection is or shall be fixed in the flat or roof of any building within four feet of any party-wall, then every such party-wall shall be carried up against every such dormer or other erection, and shall extend for the breadth of at least two feet wider, and to the full height of every part of every such dormer or other erection as shall be within four feet of such party-wall; and no recess shall be made in any party-wall hereafter to be built to any building may be in party of the first, second, third, or fourth rate or class of building, (except for chimneys, flues, girders, and beams, and other timbers, and for the ends of walls or piers, as herein-after is directed,) so as to reduce such wall in any part thereof under the thickness by this act required for the party-wall to the highest rate or class of building to which such party-wall belongs; and there shall not be any opening What openings may be in party- whatever, after the said twenty-fourth day of June, made in any party-wall, walls. except for communication from one stack of warehouses to another, and from one stable building to another, all which communications shall have thereto iron doors in such manner as is herein-after directed, and also except such passages or ways on the ground for foot passengers, cattle, or carriages as may be necessary, all which passages or ways shall be arched over with brick or stone, or brick and stone together, throughout, of the thickness of thirteen inches at the least in every building of the first and second rate or class of building, and of the thickness of eight inches and an half at the least in every building of the third or fourth rate or class of building; and if there be any cellar or vacuity under any such passage, every such cellar or vacuity shall be arched over throughout with brick or stone, or brick and stone together, in the same manner as the passage or way over such cellar or vacuity is hereby directed to be arched.

What recesses

walls.

How ends of beams may be laid into party. wails.

Party-arches and party-walls not to be maimed.

XXVII. And it is hereby further enacted, that no timbers shall, at any time after the said twenty-fourth day of June, be laid into any party-arch, except for bond to the same, nor into any party-wall, other than such templets, chains, and bond-timbers as shall be necessary for the same, and other than the ends of girders, beams, purlings, and of binding or trimming joists, or of other principal timbers, all which timbers shall have at least eight inches and an half of solid brickwork between the ends and sides of every such piece of timber and the timber of any building adjoining thereto; and the end of every girder, beam, purling, binding or trimming joist, and of every other piece of principal timber, may be laid beyond the centre of any party-wall hereafter to be built, so nevertheless as that there be left eight inches and an half at the least of solid brick or stone work at the end of every such piece of timber, except in places where any part of the ends of any such timber shall lie opposite to and level with any part of the ends of any timber of any adjoining building or buildings, in which case no part of such timbers shall approach nearer than four inches to the centre of the said wall. XXVIII. And it is hereby further enacted, that no person shall cut or maim any party-arch, nor the shaft of any chimney now built or hereafter to be built on any party-wall, for any purpose whatsoever; and that no person shall cut or maim any party-wall now built or hereafter to be built, other than for the purposes and in the manner herein-after mentioned; that is to say, when the front or back wall of any house or building, being in a line with the front or back wall of the house or building adjoining thereto, shall at any time hereafter be built, it shall be lawful to cut a break not more than nine inches deep from the external face of such front or back wall, and to the centre of such party-wall, for the purpose of inserting therein the end of such new front or back wall; and in every such case where a bressummer and story-post shall be fixed in the ground story of such new front or back wall, such break may be cut from the foundation of such new front or back wall to the top of such bressummer fourteen inches deep from the external face of such front or back wall, and the same may be four inches wide in the cellar story, and two inches wide in the ground story, for the purpose of placing therein such story-posts and bressummers agreeable to the directions of this act; and it shall be lawful to cut into any party-wall for the purpose of tailing in stone steps or stone landings, or for placing in such party-wall timber for bearers to wood stairs, so as no timber bearer be laid into any party wall nearer

For what uses party walls may be cut into.

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