Section III – Interpretation of Certain Terms in this Act

Metropolitan Building Act 1855

In the Construction of this Act (if not inconsistent with the Context) the following Terms shall have the respective Meanings herein-after assigned to them; (that is to say,)

The Treasury” shall mean the Commissioners of Her Majesty’s Treasury:

Public Building” shall mean every Building used as a Church, Chapel, or other Place of Public Worship; also every Building used for Purposes of public Instruction; also every Building used as a College, public Hall, Hospital, Theatre, public Concert Room, public Ball Room, public Lecture Room, public Exhibition Room, or for any other public Purposes:

“External Wall” shall apply to every outer Wall or vertical Enclosure of any Building not being a Party Wall:

“Party Wall” shall apply to every Wall used or built in order to be used as a Separation of any Building from any other Building, with a view to the same being occupied by different Persons:

“Cross Wall” shall apply to every Wall used or built in order to be used as a Separation of one Part of any Building from another Part of the same Building, such Building being wholly in One Occupation:

“Party Structure” shall include Party Walls, and also Partitions, Arches, Floors, and other Structures separating Buildings, Stories or Rooms which belong to different Owners, or which are approached by distinct Staircases or separate Entrances from without:

The “Area” of every Building shall be deemed to be the Superficies of a horizontal Section of such Building made at the Point of its greatest Surface, including the External Walls and such Portion of the Party Walls as belong to the Building, but excluding any attached Building the Height of which does not exceed the Height of the Ground Story:

“The Base of the Wall” shall mean the Course immediately above the Footings:

“Owner” shall apply to every Person in possession or receipt either of the whole or of any Part of the Rents or Profits of any Land or Tenement, or in the Occupation of such Land or Tenement other than as a Tenant from Year to Year or for any less Term, or as a Tenant at Will:

“Builder” shall apply to and include the Master Builder or other Person employed to execute or who actually executes any Work upon any Building:

“District Surveyor” shall mean every such Surveyor who is appointed in pursuance of this Act, or whose Appointment is hereby confirmed, and shall include any Deputy or Assistant Surveyor appointed under this Act:

In all Cases in which the Name of an Officer having local Jurisdiction in respect of his Office is referred to without Mention of the Locality to which the Jurisdiction extends, such Reference is to be understood to indicate the Officer having Jurisdiction in that Place within which is situate the Building or other Subject Matter or any Part thereof to which such Reference applies:

“Person” shall include “a Body Corporate.”

Metropolitan Building Act 1855