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Ramblings, thoughts, facts and opinions about political things - starting point council tenant participation with my land-lord Camden council and council tenant reps plus other housing issues, and whatever.

Sunday, 13 June 2021

Local government legislation: byelaws

When the council property I live in was converted (in the late 1970's) from a single house into 3 separate flats, building regulations in London where the responsibility of the local council in the form of Byelaws [Local Acts]

Statutory Instruments [secondary legislation] such as the Building Regulations 1976 HERE, did not apply to London as elsewhere in the country until the Building Act 1984. 

Some information about Local Acts HERE

HoL 1999 Housing, Quiet Enjoyment, Nuisance HERE 

"But they did not contravene the bye-laws in force at the time"

The Building Act 1984 replaced the previous system of local bye-laws with nationally applicable regulations made by the Secretary of State for the Environment.

The Building Regulations 1985 (SI 1985/1065) contained for the first time a requirement that walls and floors which separate one dwelling from another should resist the transmission of airborne and impact sound: see Part E of Schedule 1 to the Regulations.

Similar provisions are now contained in the Building Regulations 1991 (SI 1991/2768). But the regulations apply only to buildings erected or converted after they came into force."

" Byelaws are local laws made by a local council under an enabling power contained in a public general act or a local act requiring something to be done – or not done – in a specified area. They are accompanied by some sanction or penalty for their non-observance."

If validly made, byelaws have the force of law within the areas to which they apply. Generally byelaws are overseen by the relevant government department or confirming authority who has policy responsibility for the subject matter." HERE 

The Local Government Act 1972 HERE gives instructions about the making of local government bye laws [also called Local Acts]

Part XI [11]  General Provisions as to Local Authorities HERE, under the cross heading Byelaws are sections 235-238 HERE 

Sections 262 Local Acts and instruments HERE 

Going back in time 40 years or so, the London Building Act 1930 HERE came about 12 years after the end of world war 1 [1914-18] 

The whole Act came into force 1 October 1930.

        Part VI [6] Construction of Buildings sections 57 - 88

London Building Acts [Amendment] Act 1939 HERE

London County Council [General Powers] Act 1948 HERE 

Local Government Act 1972 HERE

Greater London Council [General Powers] Act 1974 HERE

Building Control Act 1966 HERE

Housing and Building Control Act 1984 HERE 
Building Act 1984 HERE

March 2018

 2.17 approval under the London Building Acts and the associated bye laws was the responsibility of the Greater London Council [GLC]. 

4.1.13 The London Building Acts 1930 - 1939 gave powers for secondary legislation to be produced in the form the London Building [Constructional] Bye laws. The BLs would have comprised:

The Public Health Act 1936 HERE
section 61

Statutory Instrument 1057  HERE
1972 No 317

The Building Regulations 1972

 The below Act exempted some buildings from building by-laws.

Public Health Act 1936 HERE

NB I have tried to track down the relevant local London by-laws that where supposed to be in place but no-one seems to have them: locally, [London] county hall [Mayor of London ] national archives. 

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