Building a conservatory involves cutting, drilling and excavation, and neighbours may hear it. The law gives councils tools to manage construction noise. Section 60 of the Control of Pollution Act 1974 lets a council serve a notice on how works are carried out, section 61 lets a builder apply in advance for consent, and statutory nuisance rules in the Environmental Protection Act 1990 can also apply. This guide describes those provisions for England and Wales as they stand on legislation.gov.uk in September 2026, and is general information, not legal advice on a particular dispute.

Works covered by section 60

Section 60(1) says the section applies to the erection, construction, alteration, repair or maintenance of buildings, structures or roads, breaking up, opening or boring under any road or adjacent land, demolition or dredging work and any work of engineering construction. Building or altering a conservatory falls within the first description, and removing an old one within demolition, which is covered in the guide to removing an old conservatory. The section does not itself fix a national set of working hours. Instead it gives the local authority power to set requirements for particular works.

What a section 60 notice can require

Where it appears to a local authority that works to which the section applies are being carried out, or are going to be, on any premises, it may serve a notice imposing requirements as to the way the works are carried out. Section 60(3) says the notice may specify the plant or machinery to be used or not used, the hours during which the works may be carried out, and the level of noise that may be emitted from the premises, at a specified point or during specified hours. The council must have regard to the need to use the best practicable means to minimise noise and to protect people in the locality.

The notice is served on the person who appears to be carrying out the works and on others the council thinks fit who are responsible for or control the works. The recipient may appeal to a magistrates’ court within 21 days from service under section 60(7). Contravening a requirement without reasonable excuse is an offence under section 60(8).

Prior consent under section 61

Section 61 allows a person who intends to carry out such works to apply to the local authority for consent in advance. The application must contain particulars of the works and the method, and of the steps proposed to minimise noise. If building regulations approval is required, the application must be made at the same time as or later than that request. The council must give consent if it considers the application contains sufficient information and that, if the works follow it, the council would not serve a section 60 notice. It may attach conditions, limit the duration and allow for changes in circumstances, and it must tell the applicant its decision within 28 days of receipt. Section 61(7) gives a right to appeal to a magistrates’ court within 21 days where consent is not given in time or is conditional. A consent does not of itself give a defence to proceedings under section 82 of the Environmental Protection Act 1990, according to section 61(9).

Statutory nuisance for noise

Under section 79(1)(g) of the Environmental Protection Act 1990, noise emitted from premises so as to be prejudicial to health or a nuisance is a statutory nuisance, and section 79(1)(ga) covers noise of that kind emitted from or caused by a vehicle, machinery or equipment in a street. The council must take reasonably practicable steps to investigate a complaint from a person living in its area. Under section 80, where it is satisfied that a noise nuisance exists or is likely to occur or recur, the council must either serve an abatement notice or take other steps to persuade the responsible person to abate it. If those steps do not work within a seven-day period, an abatement notice must follow. A person served with an abatement notice can appeal to a magistrates’ court within 21 days, and failing without reasonable excuse to comply is an offence.

What a homeowner can do

A homeowner who has commissioned a conservatory can ask the installer how noise will be managed, whether the council has served a notice or given consent, and what hours the crew works. The duties of a homeowner as a client are explained in the guide to domestic clients and CDM 2015, and the choice of installer is covered in the guide to choosing a conservatory installer. A neighbour who is affected can complain to the council under the statutory nuisance rules described above. Boundary and party wall questions are separate, as explained in the guide to the Party Wall Act 1996.

FAQs

Is there a legal limit on the hours a builder can work?

Section 60 does not set fixed hours. It allows a local authority to specify hours in a notice for particular works, so the position depends on any notice or consent for the site.

Can I appeal a council notice about building noise?

Yes. Section 60(7) provides for an appeal to a magistrates’ court within 21 days from service of the notice.

Does prior consent stop a neighbour complaining about a noise nuisance?

Not by itself. Section 61(9) says a consent does not of itself constitute a defence to statutory nuisance proceedings under section 82 of the Environmental Protection Act 1990.

The bottom line

In England and Wales, a council can serve a notice under section 60 of the Control of Pollution Act 1974 specifying plant, working hours and noise levels for building works, and a builder can apply in advance for consent under section 61. Noise from premises can also be a statutory nuisance under the Environmental Protection Act 1990. This is general information, not legal or planning advice on any specific property.

Sources

This guide draws on the following primary sources, current as of 25 September 2026:

• legislation.gov.uk, “Control of Pollution Act 1974, section 60: Control of noise on construction sites”
• legislation.gov.uk, “Control of Pollution Act 1974, section 61: Prior consent for work on construction sites”
• legislation.gov.uk, “Environmental Protection Act 1990, section 79: Statutory nuisances and inspections therefor”
• legislation.gov.uk, “Environmental Protection Act 1990, section 80: Summary proceedings for statutory nuisances”

Related guides

Compare Conservatories is an independent guide. We may earn a fee from some links; this never affects what we write. This article is general information, not legal or planning advice on any specific property — always confirm requirements directly with your local planning authority.