Building work outside of regular hours (non residential only)

Control of noise from building work is controlled by:

Why is an out-of-hours permit required?

An out-of-hours permit is required because building works create noise and other effects which impact the amenity of neighbouring residents and businesses. For this reason, Council considers each application to ensure that the time, duration and character of noise from any proposed works do not unduly impact on local amenity.

When is an out-of-hours permit required?

A builder requires a Local Law permit to carry out any building activity at non residential properties (i.e. commercial premises, shop fit outs etc.) or use any machinery or device for building activity on, over or across a road or Council Land between the following hours:

(a)    8 pm to 7 am, Monday to Friday

(b)   8 pm to 9 am, Saturdays

(c)    on any Sunday, public holiday, Christmas Day, Good Friday, Easter Sunday and Anzac Day.

What does building activity include?

(a)     any act or thing done or to be done on, over or across any road or Council land for the purpose of, or in the course of construction, repair or demolition

(b)     the erection or removal of any kind of scaffolding and the excavation and carrying away from the premises of earth, soil, clay, rock or material of any kind on, over or across any road or council land

(c)     the moving about of any building equipment or material and any rubble, waste or second-hand building materials on, over or across any road or council land

(d)     any work or action incidental to the matters referred to in (a), (b) and (c) conducted on, over or across any road or council land.

Apply for an out-of-hours permit

To apply, please fill in the Application Form for Out-of-Hours Permit(DOC, 903KB) for non residential premises (commercial and retail), or apply online via e-services.

Applicant should:

  • submit a fully completed application form and applicable fee
  • note that works must not commence without the relevant permit. Incomplete applications will not be accepted.
  • submit relevant permits such a road occupation (concrete pumps or crane) with the out-of-hours permit application
  • note that the permit does not override the Environment Protection Act 1970 requirements or the Environment Protection (Residential Noise) Regulations 2008
  • be aware that failure to obtain a permit or comply with the conditions on the permit may result in an infringement being issued
  • refer to Builders Information Pack for more information.

Fee and lodgement

Applications can be submitted to Council's Building and Local Laws Services Unit. Click here for contact/lodgement information.

For current fees, please refer to Building Local Laws Fee Schedule.(PDF, 215KB)