Guides to Section 61 consent and construction noise

The consent

• What is a Section 61 consent?What a Section 61 consent is, who gives it, what a council can attach to it and the defence it gives if you are prosecuted for breaking a section 60 notice.
• Do you need Section 61 consent for construction works?Whether applying for Section 61 consent is a choice under section 61, which works section 60 covers, and the reasons people apply.
• How do you apply for Section 61 consent?What a Section 61 application must contain, when to make it, what happens after, and how the platform helps you prepare it.
• How long does a council take to decide a Section 61 application?The 28 days a council has to decide, the 21 days to appeal, and what the Act says if the council has not consented in time.
• Section 60 notice or Section 61 consent: what is the difference?How a council's section 60 notice differs from a section 61 consent you apply for, side by side, and how the two fit together.

Noise and your application

• What are best practicable means (BPM)?What best practicable means (BPM) means under section 72 of the Act, and where it comes up in a Section 61 application.
• How are construction noise levels predicted under BS 5228-1?How construction noise is predicted at a property with the BS 5228-1 method, and how the standard's ABC example method sets a threshold to compare it with.
• How do you tell residents about construction noise?What the Act says about telling neighbours, and the platform's guidance on who gets letters, when they go and what a letter says.

Reference

• Glossary of construction noise and Section 61 termsPlain meanings of LAeq, LA90, LAFmax, sound power level, on-time, facade and free-field levels, period, threshold and other terms.
• Frequently asked questions about Section 61Short answers to common questions about Section 61 consent, each linked to the guide it comes from.

How these guides are written

The legal statements come from the Control of Pollution Act 1974, the Environmental Protection Act 1990 and the orders that approve BS 5228, on legislation.gov.uk, read on 26 October 2026. Statements about BS 5228-1 were checked against the 2009 edition, as amended in 2014, on 26 October 2026. Where a guide describes a choice the platform makes, such as the impact bands or when letters go, it says so.

Start an application

The Section 61 platform prepares an application and the evidence behind it. You check it and send it to your council yourself. Start an application.

Sources

• Control of Pollution Act 1974The whole Act, as published on legislation.gov.uk.
• Environmental Protection Act 1990, section 80: Summary proceedings for statutory nuisancesSubsection (9)(a): a consent under section 61 of the 1974 Act can be a defence to some prosecutions for breaking a noise abatement notice.
• The Control of Noise (Code of Practice for Construction and Open Sites) (England) Order 2015, S.I. 2015/227Article 2 approves BS 5228. Article 1(2) says the Order applies in England only.
• The Noise from Audible Intruder Alarms (Wales) (Revocation) and Control of Noise (Codes of Practice for Construction and Open Sites) (Wales) Order 2017, S.I. 2017/81 (W. 30)Article 2 approves BS 5228 Parts 1 and 2. Article 1(3) says the Order applies in relation to Wales.
• The Control of Noise (Codes of Practice for Construction and Open Sites) (Scotland) Order 2002, S.S.I. 2002/104Article 2 approves BS 5228 Part 1 (1997) and Parts 3, 4 and 5. Article 1(2) says the Order extends to Scotland only.
• BS 5228-1:2009+A1:2014, Code of practice for noise and vibration control on construction and open sites, Part 1: Noise (British Standards Institution)A paid standard. These guides describe its method in words and copy none of its tables or limit values.

The legislation cited was read on legislation.gov.uk on 26 October 2026.