Layout of the Building in UK Law

Leading Cases
  • Methuen-Campbell v Walters
    • Court of Appeal (Civil Division)
    • 21 June 1978

    In my judgment, for one corporeal hereditament to fall within the curtilage of another, the former must be so intimately associated with the latter as to lead to the conclusion that the former in truth forms part and parcel of the latter.

  • Denis Lowe v (1) First Secretary of State and Tendring District Council
    • Queen's Bench Division (Administrative Court)
    • 06 February 2003

    Of the authorities cited to me, I derive most assistance from the decision of the Court of Appeal in Dyer v Dorset County Council, and in particular the judgment of Nourse LJ in the passage already referred to at page 358F-G. The expression "curtilage" is a question of fact and degree. It connotes a building or piece of land attached to a dwelling house and forming one enclosure with it.

  • Campden Hill Towers Ltd v Gardner
    • Court of Appeal (Civil Division)
    • 24 November 1976

    Thus, the exclusion by the words of clause 2 of the underlease of "any part of the outside walls" would not have the effect of taking outside the operation of paragraph (a) that which, in the ordinary use of language, would be regarded as the exterior wall of the flat - an essential integral part of the flat, as a dwelling-house: that part of the outside wall of the block of flats which constitutes a wall of the flat, The paragraph applies to the outside wall or walls of the flat; the outside of inner party walls of the flat; the outer sides of horizontal divisions between Plat 20 and flats above and below; the structural framework and beams directly supporting floors, ceilings and walls of the flat.

  • Edwards v Kumarasamy
    • Court of Appeal (Civil Division)
    • 28 January 2015

    The word "building" in section 11 (1A) (a) is not defined, and should be given its ordinary dictionary meaning of "structure with a roof and walls". The paved area in which Mr Edwards sustained his accident does not fall within this definition. I agree that, viewed on its own, the paved area where Mr Edwards tripped is not itself a building. In my judgment Mr Kumarasamy's legal easement over the front hall means that the front hall is a part of a building in which he has an estate or interest.

  • Commissioners for Customs and Excise v Zielinski Baker and Partners Ltd
    • Court of Appeal (Civil Division)
    • 17 May 2002

    Item 2 introduces the concept of an "approved alteration of a protected building". It is possible to found an important part of reasoning in favour of the Commissioners on the fact that the alteration in this case was in a practical sense to the outbuilding, not to the House (see para 20 above).

    There is nothing in the rationale of the European jurisprudence nor of Group 6 to require the Commissioners' approach.

  • Gill v Donald Humberstone & Company Ltd
    • House of Lords
    • 24 July 1963

    In order to determine what weight should be given to these various arguments I find it necessary to make some general observations about the interpretation of Regulations of this kind. They are addressed to practical people skilled in the particular trade or industry, and their primary purpose is to prevent accidents by prescribing appropriate precautions. Any failure to take prescribed precautions is a criminal offence.

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Legislation
  • The Fire Safety (England) Regulations 2022
    • UK Non-devolved
    • January 01, 2022
    ......), supporting requirements B1 to B5 of Part B of Schedule 1 to the Building Regulations 2010 2 ; . “high-rise residential building” has the ... plan as soon as reasonably practicable after any change to the layout of the building or location of key fire-fighting equipment. . (7) In this ......
  • Licensing (Scotland) Act 2005
    • Scotland
    • January 01, 2005
    ...... . . (ii) a plan (referred to in this Act as a "layout plan"), in the prescribed form, of the subject premises, and. . . (iii) ... . . (c) relates to a matter (such as planning, building control or food hygiene) which is regulated under another enactment. . ......
  • Town and Country Planning Act 1971
    • UK Non-devolved
    • January 01, 1971
    ......this section, means the carrying out of building, engineering,. mining or other operations in, on, over or under land, or ... . ‘area of extensive war damage’ and ‘area of bad layout. or obsolete development’ mean respectively an area. consisting of land ......
  • Caravan Sites and Control of Development Act 1960
    • UK Non-devolved
    • January 01, 1960
    ......purposes of this section model standards with respect to the layout. of, and the provision of facilities, services and equipment. for, caravan ...for development consisting of or including the carrying. out of building or other operations subject to a. condition that the operations shall be ......
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Books & Journal Articles
  • Reviewing and reforming library service points. Lessons in review and planning services, building layout, and organizational culture
    • Nbr. 38-8/9, November 2017
    • Library Management
    • 426-436
    Purpose: To support the success of their students and faculty, libraries have to understand changing user needs. Robust user assessment programs and analysis of service patterns can reveal many of ...
  • Police Building
    • Nbr. 35-6, November 1962
    • Police Journal: Theory, Practice and Principles
    ...... In the design and layout of the building, care has been taken to preserve a large number of existing trees and shrubs. Following the policy of the police authority ......
  • Courts of Summary Jurisdiction
    • Nbr. 34-3, July 1970
    • Journal of Criminal Law, The
    ......' means people who pass along the street where the building is, and therefore no order should be made to take down a building ... of matters including, for example, the con- struction and layout of the building, the provision and cleanliness of plant, the ......
  • Suicides in Prison and the Safer Prisons Agenda
    • Nbr. 49-2, June 2002
    • Probation Journal
    ...... and bullying, access to telephones and visits, and the physical layout of the building. Just as with re- offending, there will be many aspects of ......
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Law Firm Commentaries
  • Separate Floors: Overrated?
    • Mondaq UK
    ...... ruled that two geographically separate floors of the same office building in the same occupation, must be treated as separate rateable ... may also choose to take a demise of certain staircases if the layout of the building lends itself to this. In the Mazars case the Court ......
  • Green Homes Grant For Homeowners - How Can Housebuilders Seek To Improve Energy Efficiency Long-term?
    • Mondaq UK
    ......create net zero buildings. To have a net zero building means that. any carbon emissions are off-set to create a neutralising. ...Another option is to focus on. the design and layout of the building. Around 30% of the UK's. emissions derive from the heating ......
  • When Two Does Not Become One
    • Mondaq UK
    ...... rates burden for occupiers of premises on multiple floors of a building or in adjoining units. Business rates are a tax on property and not ... may also choose to take a demise of certain staircases if the layout of the building lends itself to this, in order to demonstrate that the ......
  • New residential planning application requirements for fire safety
    • JD Supra United Kingdom
    A new requirement for Fire Statements to be submitted with certain planning applications for high rise residential buildings and for the HSE to be consulted on such applications is intended to take...
    ......The Building Safety Bill (“the Bill”) that was published last year and introduced ... including the applicant’s approach to fire safety, site layout and access for emergency vehicles and water supplies for firefighting.  ......
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Forms
  • Chapter CG60282
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    ...... Definition. Fixed Plant and Machinery as Part of a Building.  . Definition. The term `fixed plant or machinery’ is not defined in ... are intended to be moveable to facilitate changes in, for example, layout and display should not be regarded as fixed plant and machinery. Items ......
  • Chapter CA32312
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    .... . . You decide whether a building is an office by looking at the activities carried out in it. A building or ... in time and motion study in a factory, progress chasing, factory layout and management, costing, training of factory staff, factory fire ......
  • Chapter SAIM1010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... and other types of return received on cash deposits in bank and building society accounts, Government securities, and corporate bonds;. dividends ... ‘annual payments’. The layout of the SAIM. The tax rules governing the most common type of investment ......
  • Chapter CFM70010
    • HMRC Guidance manuals
    • Formularios de Derecho Civil, Mercantil y Registral
    • HM Revenue & Customs
    ...... CFM70010 - Other tax rules on corporate finance: overview and layout of the guidance. Most of the tax rules relating to corporate finance are ...CFM70100 has more details. Banks and building societies. CFM71000 explains particular rules for banks and building ......
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