What are your legal rights when a neighbour starts building work in SW19 early in the morning?
Early morning drilling, hammering and power tools can quickly become a source of neighbour disputes. But what time are builders actually allowed to start work, and what can you do if they ignore the rules, write Clive Scrivener MRICS and Zah Azeem MRICS, Partners at Wimbledon based Chartered Surveyors Scrivener Tibbatts.
There are few things more frustrating than being woken up by the sound of drilling, hammering or power tools next door, particularly when it starts shortly after sunrise. While building and renovation work is an inevitable part of living in an established residential area, that does not mean neighbours have to put up with unreasonable levels of noise at all hours.
The rules governing construction noise are not quite as straightforward as many people imagine. There is no single nationwide law setting standard working hours for every type of domestic building project. However, local authorities have powers to control construction noise and can impose restrictions on when particularly noisy activities are allowed to take place.
What are the permitted building hours in SW19?
For residents in Wimbledon and elsewhere within the London Borough of Merton, the council’s guidance is quite clear. Noisy construction work should normally be restricted to:
Monday to Friday: 8am to 6pm.
Saturday: 8am to 1pm.
Sundays and bank holidays: No noisy building work is normally permitted.
These restrictions are set out in Merton Council’s Construction Code of Practice and apply where residential occupiers are likely to be affected by noise.
There can be exceptions, including emergency works and certain highway or railway activities. Contractors may also seek the council’s prior agreement to work outside the normal hours. Individual planning permissions can impose additional restrictions, too.
Importantly, these are not simply suggestions that contractors can disregard at will. Merton Council can use its statutory powers to impose requirements on construction sites, including restrictions on working hours and the machinery or methods used.
What if the noise starts before the permitted hours?
If builders are using noisy machinery, drilling or carrying out other disruptive construction activities before 8am on a weekday, or continuing after the permitted hours, it is reasonable to question whether they are complying with the council’s requirements.
The position is slightly different where the work involves occasional DIY rather than a formal building project. Merton Council acknowledges that its construction noise procedures are generally intended to address ongoing or regular site noise, rather than one-off or short-term jobs and ordinary domestic DIY.
That does not give householders unlimited freedom to disturb their neighbours. Excessive or persistent noise can still amount to a statutory nuisance, depending on its nature and impact.
When does building noise become a legal nuisance?
Even when building work takes place within permitted hours, it does not automatically follow that every level of noise is acceptable.
Under the Environmental Protection Act 1990, councils have a duty to investigate complaints where noise may constitute a statutory nuisance. This generally means noise that unreasonably and substantially interferes with someone’s use or enjoyment of their home, or is likely to injure health.
In assessing a complaint, the council will consider factors including the volume, frequency, duration and timing of the noise, together with its impact on those affected.
Under the Control of Pollution Act 1974, local authorities also have powers to serve formal notices controlling construction noise. These can specify permitted working hours, the machinery that may be used and measures that must be taken to reduce disturbance. Contractors who fail to comply with a formal notice can face prosecution.
What should you do if your neighbour’s builders are making too much noise?
The first step is usually to approach your neighbour or the site manager. They may not realise how disruptive the work is, particularly if they are not living at the property while renovations are taking place.
If this does not resolve the problem, keep a record of the dates, times and nature of the disturbance. Merton Council asks residents to complete a two-week noise diary before making a formal complaint. This provides useful evidence of whether the problem is ongoing and how seriously it is affecting neighbouring properties.
You can then report the matter to the council’s Noise and Nuisance Team, which can assess the complaint and decide whether further investigation or formal action is appropriate.
It is also worth checking whether the development has planning conditions restricting its construction hours, particularly where substantial extensions, basement excavations or structural alterations are involved.
Keeping building work and neighbour relations on good terms
Building work can be disruptive, particularly in densely populated residential areas such as Wimbledon, where properties are often close together. Most disputes can be avoided through reasonable consideration, advance communication and an understanding of the restrictions that apply.
For homeowners planning substantial alterations, it is equally important to understand their responsibilities towards adjoining properties and the potential for disputes involving noise, vibration, access and structural damage.
At Scrivener Tibbatts Chartered Surveyors, we regularly advise property owners on matters involving neighbouring properties, building works and party wall issues. Taking professional advice at an early stage can help prevent disagreements from developing into costly disputes.
This firm has been at the forefront of party wall matters since its inception. If you would like to discuss something related to a property valuation, specifically Party Wall, Freehold Valuations and Market Valuations for disputes, please contact Clive or Zah direct via email at clive@scrivenertibbatts.co.uk and zah@scrivenertibbatts.co.uk or call 020 8947 7040.
(Image: Pexels.com_Brett Jordan)
