What are best practicable means (BPM)?

What section 72 says

• “Practicable” means reasonably practicable, having regard among other things to local conditions and circumstances, to the current state of technical knowledge and to the financial implications (section 72(2)).
• The means include the design, installation, maintenance and manner and periods of operation of plant and machinery, and the design, construction and maintenance of buildings and acoustic structures (section 72(3)).
• The test applies only so far as it is compatible with any duty imposed by law (section 72(4)), and only so far as it is compatible with safety and safe working conditions and with the needs of an emergency or of unforeseeable circumstances (section 72(5)).
• Subject to the rest of section 72, regard is to be had to any relevant provision of a code of practice approved under section 71 when reading the words “best practicable means” (section 72(6)).

Section 72 sets no noise limit. What counts depends on the case.

Where best practicable means comes up in an application

An application must contain the steps proposed to minimise noise from the works (section 61(3)(b)). When the council decides, it has regard to the matters in section 60(4), which include the need to ensure that best practicable means are employed to minimise noise (section 61(5), section 60(4)(b)).

So the steps you put in an application are where the test matters. Say what you will do, and why it is reasonably practicable on your site.

Codes of practice

Section 71 lets the Secretary of State approve codes of practice that give guidance on minimising noise, and says the Secretary of State must approve one for works to which section 60 applies (section 71(1) and (2)).

In England, the Control of Noise (Code of Practice for Construction and Open Sites) (England) Order 2015 approves Part 1 (noise) and Part 2 (vibration) of BS 5228 for that purpose, each as amended by Amendment No. 1 (the Order, article 2). The Order applies in England only (article 1(2)).

Wales and Scotland have orders of their own. In Wales, the Welsh Ministers' order of 2017 approves the same two parts (S.I. 2017/81, article 2). In Scotland, the Scottish Ministers' order of 2002 approves Part 1 of BS 5228 in its 1997 edition, with Amendment No. 1, and Parts 3, 4 and 5 (S.S.I. 2002/104, article 2), so ask your council which edition it expects.

Recording your measures on the platform

Related guides

• How do you apply for Section 61 consent?
• How are construction noise levels predicted under BS 5228-1?
• Glossary of construction noise and Section 61 terms

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 72: “Best practicable means”
• Control of Pollution Act 1974, section 60: Control of noise on construction sites
• Control of Pollution Act 1974, section 61: Prior consent for work on construction sites
• Control of Pollution Act 1974, section 71: Codes of practice for minimising noise
• 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.
• The Section 61 platformWhere a guide describes what the platform does or suggests, it says so. Those are the platform's own choices, not law.

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