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Construction noise and vibration: BS 5228 and Section 61 consents

How construction noise is controlled, what a Section 61 prior consent gives you, and how to plan noisy work so it does not stop the job.

Phil Baily · November 2026 · 2 min read

Noise is the most common cause of complaints about construction sites, and complaints are the most common reason a council intervenes. Planning for it early, in the CMP or CEMP and through a prior consent, keeps control of working hours in the project's hands.

The legal framework

The Control of Pollution Act 1974 gives councils two powers over construction noise:

  • Section 60 lets the council serve a notice setting working hours, methods and noise limits, usually after complaints. A Section 60 notice can arrive mid-project and force changes to the programme.
  • Section 61 lets the contractor apply in advance for prior consent for the works, setting out methods, hours and noise controls. If the council grants it and the contractor follows it, the council cannot take Section 60 action for the same matters.

Councils normally have 28 days to decide a Section 61 application, so it needs to be submitted at least that long before the work starts.

BS 5228

BS 5228 is the code of practice for noise and vibration control on construction and open sites. Part 1 covers noise and Part 2 covers vibration. Councils use it to judge whether predicted levels and proposed controls are reasonable. A good noise assessment follows it, predicting noise at the nearest sensitive receptors for each main activity and comparing it with appropriate thresholds.

Planning noisy work into the programme

  • Identify the noisiest activities early: demolition, breaking out, piling, concrete crushing and some façade works.
  • Choose lower-noise methods where possible, such as rotary bored piles instead of driven piles, or hydraulic bursting instead of breaking.
  • Sequence noisy work into daytime hours, and avoid sensitive times for neighbours such as school exam periods next to a school.
  • Use respite periods, for example no heavy breaking for more than a set time without a break.
  • Plan acoustic screening, hoarding height and plant positions.

Monitoring and complaints

Where noise or vibration is a real risk, monitoring at the site boundary with agreed trigger levels gives early warning. Councils often expect corrective action if measured levels exceed predictions. A named contact, a complaints log and quick, visible responses to neighbours resolve most problems before environmental health is involved.

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