Building work outside of regular hours (non-residential)

Building works create noise and other effects that change the amenity of neighbouring residential locations and businesses. For this reason, those conducting out-of-hours building works require particular types of permits. 

We consider each application to ensure that the time, duration and character of noise from any proposed works does not unduly affect local amenity.

Noise from building work is controlled by:


When do I need an out-of-hours permit?

Time and days

You’ll require a Local Law permit to carry out any building activity at non-residential properties (for example, during a shop fit out) or use any machinery or device for building activity on, over or across a road or Council Land between the following hours:

  • 8pm to 7am, Monday to Friday
  • 8pm to 9am on Saturdays
  • on any Sunday or the following public holidays:
    • Christmas Day
    • Good Friday
    • Easter Sunday
    • Anzac Day

Building activity 

The kind of building activity that requires a permit includes:

  • 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.
  • 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.
  • 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.
  • 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 out-of-hours permit

Apply online via eServices portal

If you don’t want to apply online:

Submit your application by email or phone 03 8290 1333.

 Your application should include:

  • A fully completed application form(DOC, 1MB) and applicable fee
  • Relevant additional permits such as Road Occupation (concrete pumps or crane).


Application fee per day: $228

Refer to Builders and Developers Information Pack(PDF, 515KB) for more information.

Note: This permit does not override the Environment Protection Act 1970 requirements or the Environment Protection (Residential Noise) Regulations 2008.