Out of hours construction approval

Brisbane City Council aims to manage construction works to minimise noise by communicating and cooperating with those involved in, or affected by, construction noise. It does this by monitoring and regulating noise from building work and construction sites. 

It is the responsibility of developers, builders and contractors to ensure noise impacts on nearby properties are minimal, and they comply with the building work times.  If it is necessary to conduct construction activities outside of the prescribed hours of 6.30am to 6.30pm Monday to Saturday, operators can apply to Council for a compliance assessment application for an out of hours construction approval.

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Eligibility

To be eligible for an out of hours construction approval:

  1. The proposed construction works cannot be undertaken during the prescribed daytime or evening hours (6.30am to 6.30pm Monday to Saturday) due to legitimate reasons such as pedestrian or worker safety, health or traffic reasons; and
  2. There must be a condition stipulated on a Council development approval that requires the applicant to notify or obtain approval from Council for proposed out of hours construction works. 

If both of these requirements are not met, Council cannot accept an out of hours construction application and as such, construction activities are to be conducted during the prescribed hours as per the Environmental Protection Act 1994 (EP Act).

When considering an application, Council will take into account the time and circumstances in which the work will be carried out and the volume, intensity and duration of the noise levels that will be emitted by the proposed work. Noise includes airborne, ground-borne, vibration and blasting. 

Exemptions

There are some circumstances where an approval for out of hours work is not required. These include government activities and public infrastructure works including:

  • maintaining a public road, State controlled road, railway or other public transport infrastructure
  • maintaining a public infrastructure facility, including for water, sewerage, telecommunications or electricity
  • performing a function under the Disaster Management Act 2003; or
  • Queensland Government or Council preventing, removing, or reducing the risk to public health under the Public Health Act 2005.

For more information about exemptions please refer to the Environmental Protection Act 1994.

Public notification

If you are granted an out of hours construction approval you are required to conduct public consultation. It is recommended public notification and consultation involve affected properties and uses located within a 100 metre radius of the proposed site and be conducted at least five days before the out of hours works start. You must also notify the local councillor for the relevant ward and get written confirmation that they have been notified of the works.

You must also keep a record of the notification and consultation. Your records may include signatures of all persons notified, registered mail receipts and/or statutory declarations. Notifying affected persons by a letter drop is not sufficient as you must ensure that occupants have received the notification.

Application and approval

When planning your application, it is important to consider:

  • out of hours approvals will not be issued for public holidays
  • carrying out construction works out of hours without approval may result in an Infringement Notice being issued, which may include a monetary penalty 
  • only the works specified in the out of hours approval are allowed to be undertaken during the permitted times
  • The approval does not override the requirements of the EP Act. Further noise emitted outside the requirements of the EP 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 to 6.30am. It is considered that such activities are more suitable during the daytime/early evening periods. Activities that generate a high level of noise include:
    • jack-hammering
    • demolition
    • blasting
    • pile driving
    • concrete/bitumen cutting
    • metal or pipe cutting
    • rock breaking.

How to apply

A minimum of 20 working days is required for Council to assess an application. This applies once all documentation is received and providing no further information or changes are required.

The fastest and easiest way to submit your application is by using Council's obtain or amend an out of hours construction approval online form.

As part of the online form lodgement, you will be required to submit:

  • a site-specific Construction Noise Management Plan (Word - 89.71kb);
  • a copy of the letter that will be provided 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; and
    • type of construction activity to take place.

Alternatively, Council offers several other ways to lodge an application.

If using alternative lodgement, in addition to the online form requirements above you will also need to complete and submit this form with your application:

Fees and charges

For relevant fees, refer to the operational works section of the Development Assessment and Compliance Fees brochure.

If using the online form and you pay with MasterCard or Visa, a fee quote will be automatically generated, enabling payment as part of the lodgement process. Otherwise, you will receive a fee quote within two business days of submitting the online form with alternative payment options including BPAY.

If using alternative lodgement, Council will check that your application is complete and send you the fee quote within two business days. 

Other permits

Ensure all other relevant permits have been obtained from Council, and Queensland Government or utility agencies, including:

More information

For assistance with your application or for more information, contact Council.

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