Construction is an inevitable part of the 21st century. A certain level of noise or vibration is unavoidable, however if it becomes unnecessary or excessive, action may be taken.
There is no specific legislative control for the hours of work on construction sites. There is a code of practice for control of noise from construction sites. The code of practice advises that work should be programmed such that HGV's do not enter on site between 7pm and 7am, and gives a guide of likely acceptable hours for noisy activities.
The only offence is to cause a nuisance. It is possible to carry out activities 24 hours and not to cause a nuisance. This will depend on location and type of noise.
Construction works also have a defence of Best Practicable means. Some noisy activities are essential, but they should be carried out during reasonable hours whenever possible.
The courts have determined that construction works carried out in a reasonable manner will not be held to be a nuisance. This will be a question of fact in each individual circumstance. Depending on the type of site and access, you should try to discuss issues with the site manager yourself.
The following is an appropriate course of action for you to take:
- Speak to site manager
- Explain your concern
- Use the above information to explain why your expectations are reasonable
- Allow a period of time for matters to be put in hand by site manager
- Contact Pollution Team if you think that a nuisance persists providing details of companies, site manager name, telephone numbers etc in order to assist in the further investigation of your complaint
- Make a Complaint (.pdf)
