Guide

How do you apply for Section 61 consent?

Section 61 · Updated

Short answer

You apply to the local authority, and the application must contain details of the works and the method by which they will be carried out, and of the steps proposed to minimise noise (section 61(1) and (3)). The council must tell you its decision within 28 days of receiving the application (section 61(6)). Section 61 sets out what an application contains but not a form, so ask your council how it wants to receive one.

What the application must contain

Section 61(3) says an application “shall contain particulars of” two things (section 61(3)):

  • the works, and the method by which they are to be carried out; and
  • the steps proposed to be taken to minimise noise resulting from the works.

For this part of the Act, “noise” includes vibration (section 73(1)), so the steps cover vibration as well.

The Act asks for no noise predictions. BS 5228-1 says it is good practice to carry out construction noise predictions for a section 61 application, to give more information and, on large projects, to find out who may be eligible for noise insulation or temporary rehousing.

What the council weighs

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 if they are carried out as the application says (section 61(4)).

In acting under section 61, the council must have regard to the matters in section 60(4) (section 61(5)). They include any relevant code of practice issued under this part of the Act, the need to ensure that the best practicable means are employed to minimise noise, and the need to protect people in the locality from the effects of noise (section 60(4)). See What are best practicable means (BPM)?

When to apply

If the works need building regulations approval, or in Scotland a building warrant, the section 61 application must be made at the same time as, or later than, the request for that approval or the application for the warrant (section 61(2)).

Beyond that, section 61 does not say how far ahead of the works to apply. It sets the 28 days for the council's decision. See How long does a council take to decide a Section 61 application?

After you apply

  • The council has 28 days from receiving the application to tell you its decision (section 61(6)).
  • If it consents, it may publish notice of the consent and of the works, in whatever way it thinks appropriate (section 61(6)).
  • If someone other than the applicant carries out the works, the applicant must take all reasonable steps to bring the consent to that person's notice. Failing to do so is an offence (section 61(10)).

How the platform helps

Platform guidance

The Section 61 platform prepares the application and the evidence behind it. You check it, sign it and send it to your council yourself. It cannot promise that a council will consent.

It takes you through ten steps: reference, location, contractor, the works, equipment, steps to keep noise down, complaints, noise predictions, communications and the council. Some of what it asks for goes beyond section 61(3), such as predicted noise levels at the properties around the site, a complaints procedure and a plan for telling residents (section 61(3)).

You can try the application steps without an account on the demo page. The platform sends nothing to your council.

Related guides

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

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

This is guidance, not legal advice. Check with the council.