Out of hours construction application
Check your eligibility and apply for out of hours construction approval.
About out of hours construction approval
Out of hours construction approval is required for building work outside of prescribed hours. This ensures flexibility for construction activities while minimising disruptions and nuisance to the public and surrounding areas.
Council manages, monitors and regulates noise from building work and construction sites. We do this by communicating and cooperating with those involved with, or affected by, construction noise.
It’s the responsibility of developers, builders and contractors to ensure noise and other nuisance impacts on nearby properties are minimised.
Eligibility
To be eligible for out of hours construction approval, your development approval must stipulate a condition that requires you to notify or obtain approval from Council for out of hours construction works.
You must also demonstrate:
- that the proposed construction works cannot be undertaken during the prescribed daytime or evening hours for legitimate reasons (e.g. pedestrian or public safety, health or traffic management reasons and/or development related interruption to a utility service)
- evidence to substantiate your request (e.g. a Queensland Police traffic permit, Council road closure permit, public utility direction for connections or other recognised documentation)
- the benefits to the wider community of undertaking works outside of the prescribed hours. Matters of commercial convenience or scheduling issues are not considered.
Exemptions
Approval for out of hours work is not required for government activities and public infrastructure works such as:
- maintaining a public road, Queensland Government-controlled road, railway or other public transport infrastructure carried out by a government authority
- maintaining a public infrastructure facility, including for water, sewerage, telecommunications or electricity
- performing a function under the Disaster Management Act 2003
- Queensland Government or Council preventing, removing or reducing the risk to public health under the Public Health Act 2005.
For more information about exemptions, refer to the Environmental Protection Act 1994.
- Out of hours approvals are not issued for public holidays.
- Carrying out construction works out of hours without approval may result in an infringement or stop work notice (Council maintains an out-of-hours investigation service for complaints).
- Only the works and locations onsite as specified in the out of hours approval are allowed to be undertaken during the approved days/times.
- Approval does not override the General Environmental Duty requirements of the Environmental Protection Act (the Act). Further noise or other emissions (e.g. light) emitted outside the requirements of the Act are not authorised under this approval.
- Due to the potential impact on sensitive uses, high-noise generating activities will not be permitted during the night-time period of 10pm-6.30am. These activities are more suitable during the daytime/early evening periods. Concrete and/or asphalt cutting activities must be done during the day. The excavation of cut material can be done out of hours. Activities that generate a high level of noise include:
- demolition
- blasting
- pile driving
- concrete/bitumen cutting
- metal or pipe cutting
- rock breaking.
How to apply
You can apply for out of hours construction approval online, in person or by mail.
If you require other permits as part of your out of hours works (e.g. footpath or road closures), we recommend you progress these applications. Waiting for Out of hours construction approval may delay your assessment.
You must include any related permits in your Out of hours application, for example:
- road closure permit
- footpath closure permit
- national heavy vehicle register permit.
You must submit the following documents with your application:
- a site-specific and current out of hours Construction Noise Management Plan
You can find guidance on what to include in your plan in our Management plans planning scheme policy.
- a copy of the letter that you’ll provide to premises/residents who are likely to be affected, which must include:
- after-hours contact name and phone number for a company representative
- date and times the construction activities will take place
- type of construction activity to take place.
If lodging your application in person or by mail, you also need to submit a Request for assessment of compliance with conditions.
Online
Complete the online form to apply for out of hours construction approval.
In person
Submit your form and supporting documents at a Customer Centre.
By mail
Mail your form and supporting documents to:
Brisbane City Council
GPO Box 1434
Brisbane Qld 4001
Your application will be assessed once all relevant fees are paid.
You have the option to pay the application fees during or after lodgement.
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If you want to pay using a Mastercard or Visa, you’ll receive a fee quote when you lodge your application.
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If you want to pay another way, you’ll receive a fee quote 2 business days after you lodge your application.
Check the ‘Operational work and Council Compliance Assessment fees’ section of the Development Assessment and Compliance Fees brochure for details on application fees.
After applying
Once we have all your documentation and no additional information or charges are required, we'll start the assessment process.
As a general rule, assessment of applications takes a minimum of 20 business days. Please ensure you apply for your out of hours assessment well in advance of your scheduled works.
After approval
Public notification
If you're granted out of hours construction approval, you must conduct public consultation/notification.
It's a condition of the approval that public notification and consultation:
- involve affected properties and sensitive uses (eg. residential, health care, aged care) located within a 100-metre radius of the proposed site
- be conducted at least 5 days before out-of-hours works start.
The local councillor for the relevant ward must also be notified. You need written confirmation that they've been notified of the works.
You must also keep a record of all public notification and consultation. Your records may include signatures of all persons notified, registered mail receipts and/or statutory declarations.
Other permits
You may need other permits from Council, the Queensland Government and utility providers before you begin building works. They include:
- road closure permit
- footpath closure permit
- traffic control permit
- Water Approval from Urban Utilities
- Energex
- Telstra.