Do you need Section 61 consent for construction works?

What section 61 says

Section 61(1) says a person who intends to carry out works to which section 60 applies “may apply to the local authority for a consent under this section”. Because the Act says “may”, applying is a choice. No subsection of section 61 says that the works cannot start without a consent (section 61(1)).

Which works section 60 covers

Section 60 applies to works of these kinds (section 60(1)):

• the erection, construction, alteration, repair or maintenance of buildings, structures or roads;
• breaking up, opening or boring under any road or adjacent land in connection with the construction, inspection, maintenance or removal of works;
• demolition or dredging work; and
• any work of engineering construction, whether or not it also falls under one of the kinds above.

The Act defines a “work of engineering construction” as the construction, structural alteration, maintenance or repair of any railway line or siding or any dock, harbour, inland navigation, tunnel, bridge, viaduct, waterworks, reservoir, pipeline, aqueduct, sewer, sewage works or gasholder (section 73(1)).

What a council can do without an application

Where it appears to a local authority that works of these kinds are being, or are going to be, carried out on any premises, it may serve a notice imposing requirements on the way the works are carried out (section 60(2)). The notice may in particular specify the plant or machinery that is, or is not, to be used, the hours the works may be carried out, and the level of noise that may be emitted from the premises or at a specified point on them (section 60(3)).

A person served with the notice who, without reasonable excuse, breaks a requirement of it is guilty of an offence (section 60(8)). A person served with a notice may appeal to a magistrates' court (in Scotland, the sheriff: section 106(6)) within 21 days from the service of the notice (section 60(7)).

Why people apply when they do not have to

These reasons all come from the text of section 61:

• If you are prosecuted for breaking a section 60 notice, it is a defence to prove that the alleged breach amounted to carrying out the works in line with a consent (section 61(8)).
• The council must tell you its decision within 28 days of receiving your application (section 61(6)).
• The council must give its consent if it considers that the application contains sufficient information and that it would not serve a section 60 notice on the works carried out as the application says (section 61(4)).
• If the council has not given a consent within the 28 days, or gives its consent within the 28 days with a condition, a limit or a qualification, you may appeal to a magistrates' court (in Scotland, the sheriff) within 21 days from the end of that period (section 61(7)).

When something else asks for one

Something other than the Act, such as a contract or a council's own requirements, may still ask you to apply. That is outside the text of the Act, so this guide cannot say what yours says. Check your contract and ask your council.

Related guides

• What is a Section 61 consent?
• How do you apply for Section 61 consent?
• Section 60 notice or Section 61 consent: what is the difference?
• How long does a council take to decide a Section 61 application?

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 1974, section 61: Prior consent for work on construction sites
• Control of Pollution Act 1974, section 60: Control of noise on construction sites
• Control of Pollution Act 1974, section 73: Interpretation and other supplementary provisions
• Control of Pollution Act 1974, section 106: General application to ScotlandSubsection (6): in Scotland, a reference to a magistrates' court is a reference to the sheriff.

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