Timeline: 1936 to 1971
Following the industrial boom and the rapid expansion of cities, Parliament passed the Public Health Act 1936. This Act gave local authorities (the state) extensive administrative powers to regulate building structures, drainage, and sanitation to protect the general populace from disease and structural collapses.
Under Section 64 of the 1936 Act, local councils were given a strict, mechanical duty. When a developer or builder submitted plans, the council had to pass or reject them based strictly on physical bye-laws. The law was entirely in personam blind—meaning it did not care who the builder was, what their intent was, or whether they had the financial capacity to survive a mistake. If the drawings complied with the text of the statute, the council was legally forced to pass them.
Crucially, the 1936 Act was written to protect public health and safety, not to provide an indemnity or financial protection for the builder. It was a criminal/regulatory framework: failure to comply meant the council could demolish your building or issue a fine, but getting a stamp of approval did not mean the state was guaranteeing your commercial project.