Apply for prior consent – noise from construction

Form to apply for out of hours building or construction with the completion guidance.

Section 61 variation application form (DOC, 65.5KB)

Short working hours notification (DOC, 50.34KB)

Section 61 dispensation application form (68.5KB)

Section 61 overrun notification form (66KB)

Apply for prior consent - noise from construction

Permitted Hours

Works by builders or contractors should only be carried out:

  • Monday to Friday, 8am to 6pm
  • Saturday, 8am to 1pm
  • at no time on a Sunday or Bank Holiday

Contractors carrying out building works and construction work outside of these hours without prior authorisations from LBBD may be liable for prosecution. A prosecution can result in a fine of up to £20,000.

Work that is likely to be noisy, dusty or that will take place outside these hours must be approved the Council.

Application to carry out work

Consent to work outside these hours and to carry out noisy or dusty work can be applied for under Section 61 of the Control of Pollution Act 1974.

This applies to the following types of work

(a) the erection, construction, alteration, repair or maintenance of buildings, structures or roads;

(b) breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;

(c) demolition or dredging work;

(d) any work of engineering construction (whether or not also comprised in (a), (b) or (c) above)

Any S.61 application must be made at least 28 days prior to the works being carried out and a response (that may contain conditions) will be provided by the Council within 28 days from receipt of the application.

Emergency Work/Late Completions

Emergency works or unexpected late completions must also be notified to the Council and will only be approved if:

  • Emergency works are carried out to prevent imminent harm or risk to the public and can include gas leaks, sewage overflows or loss of amenities.
  • That for Health and Safety or safe engineering reasons, the works cannot be practically completed in the normal working day and/or
  • The out of hours activities carried out would have acceptable minor noise impacts

The reason for a late completion should be fully explained on this basis and officers reserve the right to request for the noisy works to stop with immediate effect.

When practicable, the person in charge of the works should contact neighbours and inform them of the over-run.

Other information

The applicant shall also ensure that relevant information is displayed in a prominent place whilst the works are in progress. The information must include an outline of the works taking place and a working telephone enquiry line number.

The applicant shall ensure that the telephone enquiry line is maintained when these works are in progress to deal with enquiries and complaints from the local community.