What are your rights when it comes to nearby construction?

If construction noise continues to interfere with the quiet enjoyment of your apartment after reasonable measures were taken, then you may be able to pursue a constructive eviction and break your lease. A breach of quiet enjoyment can also occur if construction prevents you from accessing your home.

What is the law on building noise?

Construction sites

Construction companies and contractors must by law take all reasonable steps to control noise and work within certain times, usually from 7.30am to 6pm. If they want to work outside these times they must apply for a special permit from the local council.

How do I stop my neighbors from construction?

You have the option to call the police by just dialing the police number 100 and police will come to the place mentioned by you in the phone call. They will come to the spot and ask you the problem and then will take the action against them.

Can you sue Neighbours for construction noise?

Raising a formal complaint with your local authority, who have a legal duty to investigate any statutory nuisance. If they agree that the noise constitutes a statutory nuisance, they can issue a noise abatement order requiring the person causing the noise to comply with the permissible hours for building work.

How do you survive construction noise?

So try not to let every little thing bother you. When it gets noisy, consider putting on headphones (noise-canceling ones would be nice) and playing music. Or, during the height of construction, get outside and take a nature walk.

Construction Laws

What are the risks of living near construction sites?

What is the risk of living near construction sites? Exposure to elevated levels of fine particulate matter has been linked with various adverse health endpoints including exacerbation of asthma attacks, heart and lung disease, and cancer.

What blocks construction noise?

Wear earplugs or noise-canceling headphones

Noise-cancelling headphones are the perfect solution. In contrast to normal headphones, noise-cancelling headphones block out unwanted frequencies and sounds. If you take a lot of calls for work, you can purchase a pair that connect to your laptop and/or your phone.

What is nuisance law in construction?

If your building site activities cause a nuisance, your local council can restrict the: type of plant or machinery you use and the activities you can undertake. hours when you can work. levels of noise, artificial lighting or dust.

Can I complain about renovation noise?

You can also contact HDB for help with noise complaints on renovation works conducted by the owner or tenant of the flat directly above or below your unit. In addition, HDB will investigate complaints about renovation works conducted by the owner or tenant of the unit next to yours.

How late can builders work in residential areas?

General construction work should be restricted to the following hours: Monday to Friday 8am to 6pm. Saturdays 8am to 1pm. Noisy work is prohibited on Sundays and bank holidays.

How do you stop people from building next to you?

Do I have to let Neighbour access to my property?

Entering your neighbour's property without their permission is trespassing, and so you must obtain their consent before trying to gain access. The most sensible first step in this situation is therefore to speak to your neighbour and try to obtain their consent.

How can I stop my neighbors from trespassing?

What remedies are available for trespass? The two key remedies available to you are obtaining an injunction and damages. An injunction is useful as it requires the trespasser to stop the trespass. Therefore an injunction could be obtained to require your neighbour to remove the foundations.

What is the maximum noise level that is allowed near a construction site?

* The federal Occupational Safety and Health Administration (OSHA) PEL for construction noise is an eight-hour average of 90 dBA. What is noise? Noise is unwanted sound. Noise levels are measured on a decibel scale (dBA), which matches the ear's sensitivity to sound.

What time can construction work start in a residential area?

On sites where noise generated by construction would seriously affect residential amenity, the site and building works must be carried out between 0700 and 1800 hours Monday to Friday only, and between 0800 and 1400 hours on Saturdays only. No works shall be carried out on Sundays or bank holidays.

What is the legal noise limit?

There are laws in place that define a maximum acceptable amount of noise during 'night hours' which are between 11pm and 7am. After 11pm, permitted noise levels are: 34 dBA (decibels adjusted) where background noise is no higher than 24dBA. 10dBA above the level of background noise if this exceeds 24dBA.

What time must renovation stop?

Rules about HDB renovation noise

General renovation should only be carried out between 9:00am and 6:00pm on weekdays and Saturdays. No renovations are allowed on Sundays and public holidays.

Where do I report construction noise?

To report any unbearable noise, contact the City of Joburg Environmental Health Department on 011 375 5555; and suspicious activities outside the premises to JMPD on 011 375 5911 or Honeydew Police Station on 011 801 8400.

How do you deal with renovation noise?

Earplugs and noise-cancellation headphones can be used as a final line of defence when nothing else seems to be getting the job done. Finally, don't resist the possibility of talking to your neighbours about the renovation. Most people will be willing to accommodate for the needs of others within a reasonable extend.

What is an example of nuisance in construction?

Private nuisance

Encroachment onto land, for example by trees. Damage to land or buildings. Interference with a party's enjoyment of the land, for example by generating excessive noise or smells.

What are examples of trespass in construction?

Trespass includes items such as cranes or scaffolding that might oversail adjacent property. The tort of trespass is actionable even if no damage is suffered. Trespass can be restrained by injunction, and if losses are caused, damages are recoverable. Construction often necessitate accessing the land of a neighbour.

What is the law of trespass in construction?

Many contractors have been forced to seek injunctions to protect their sites from break-ins, as trespassing in itself is not a criminal offence, so they only way an offender can be prosecuted is through a site injunction, which then makes the trespasser guilty of contempt of court.

How do you stop construction noise from outside?

Double-paned sound proof glass along with airtight framework is the best at blocking sound. This is by far the most effective solution for curbing street noise.

How do you soundproof a room from construction noise?

How do you dull construction noise?

In order to soundproof against airborne noise, you need to use sound blocking materials such as mass loaded vinyl. Not to be confused with sound absorbing material such as acoustics panels, mass loaded vinyl blocks sound transmission between spaces.