Anti Social Construction work

Cian

Does anyone know if there are laws governing how early construction work can start? If it makes any difference, I'm referring to a built up area near dublin city centre.

Rhonda9000

Cian wrote:

Does anyone know if there are laws governing how early construction work can start? If it makes any difference, I'm referring to a built up area near dublin city centre.

I presume it is the noise of the works that is bothering you? There was a Noise Bill progressing through the Oireachtas in 06'. It was a Green Party brainwave then so perhaps it has a better chance of succeeding since they are now in power. I haven't read it so I'm not sure what it would stipulate with regard to the time that construction works are allowed to commence at. Perhaps someone may know if it became law before our esteemed government took their summer + autumn break? Or perhaps the Environmental Noise Regulations 2006 cover the issue of time.

What time are said works currently starting at that has prompted you to post? It is assessed in terms of reasonableness as far as I am aware.. also being in a busy urban area will work against a plaintiff in that people are expected to tolerate a higher level of noise / pollution / inconvenience in such locations compared with somebody in the middle of sleepy countryside.

Cian

it's the noise and the resultant vibration, the 2 windows in my room vibrate, all the picture frames, even my computer and a flower vase! I'm a little worried about my double bass as vibration is bad for the sound post & bridge (and quite expensive to fix). They start around 8am, i would have presumed 9am to be a more reasonable time.

Rhonda9000

Cian wrote:

it's the noise and the resultant vibration, the 2 windows in my room vibrate, all the picture frames, even my computer and a flower vase! I'm a little worried about my double bass as vibration is bad for the sound post & bridge (and quite expensive to fix). They start around 8am, i would have presumed 9am to be a more reasonable time.

The hypothetical / not legal advice rigmarole applies to comments below.

8am in busy urban area - not all that unreasonable I think? Isn't everybody up and about during weekdays from 7 onwards? I don't think you have much to go on there..

Vibration + resulting structural damage to your property provides a solid action in a claim of nuisance. I doubt "structural" extends to possessions (e.g. your double bass), perhaps negligence would catch that if it was badly damaged etc.

"Ask your solicitor friend"

Cian

Thanks for the interesting advice. A point to note is that this site is operational all day but they choose to do the loudest work first, for about 3 hours. OT, I do believe that the assumption that everyone is up by 7am is only really valid if you have a 1 to 2 hour commute to your standard issue 9 to 5 job. A lot of people who live in city centres do so partially to avoid such a waste of time! That said, I dont have a 9 to 5, and as such it's even more frustrating to be woken at 8.10am, when my work day starts at 11am at the earliest!

dK1NG

Rhonda9000 wrote:

8am in busy urban area - not all that unreasonable I think? Isn't everybody up and about during weekdays from 7 onwards? I don't think you have much to go on there..

Hypotethically, of course, but what if the construction work began at say 4.00-4.30 am??

I remember a few yrs back when they were working on the Luas/ Dart near Ranelagh and the site began work around then - didnt bother me much at the time cos I was a lazy student:o , but am curious as to if anything could actually be done about it...

Rhonda9000

dK1NG wrote:

Hypotethically, of course, but what if the construction work began at say 4.00-4.30 am??

I remember a few yrs back when they were working on the Luas/ Dart near Ranelagh and the site began work around then - didnt bother me much at the time cos I was a lazy student:o , but am curious as to if anything could actually be done about it...

Certainly 4.00 - 4.30 would be regarded as the dead of night and it's completely unreasonable to have random construction works going on at this time when people in close proximity would generally expected to be asleep at this time.

Construction could obviously take place at any time where there are no neighbours being disturbed. I know of a case where noisy construction works were causing disruption to a nearby university building and it's students. As far as I am aware said construction firm was ordered to carry out it's noisy labour during a certain window of time during the weekdays, minimizing the intrusion to the university folks.

Regarding the Luas line etc. - the courts weigh up all the factors in nuisance cases; its a practical, common sense approach. The social utility of having an efficient tram system built for the greater good and the here today-gone tomorrow nature of construction works generally means that people are expected to sacrifice short-term comfort for such purposes ... nothing controversial there. Another interesting point in some cases is the "hypersensitive plaintiff" - light sleepers and the like; are not really entertained; the magnitude of harm caused to the plaintiff can't be a frivilous complaint.

Victor

Hours of work are likely to be covered by the planning permission. An 8am start wouldn't be unusual.

Demolition of a non-residential, unlisted building doesn't need planning permission. However, a complaint could be made under the noise pollution act.

haz

Victor wrote:

Hours of work are likely to be covered by the planning permission. An 8am start wouldn't be unusual.

There is plenty of reference to noise, including subsonic noise and vibration, in the Protection of the environment act 2003:

http://www.oireachtas.ie/documents/bills28/acts/2003/a2703.pdf

Your council or local EPA office can take immediate action if there is a nuisance, and advise you of what levels of noise or vibration are nuisance in the locality.

cilliano

where is the site in dublin, what construction company?? it may help if you approached them!!

I have carried out noise and vibration work in the past. I may be able to assist, I have worked for local authorities previously. Typically the planning conditions will allow construction from 7am-7pm

maceocc2

In certain situations construction work can be carried out until 10pm. Emergency work can of course be carried out at anytime day or night.

Happened to me, 2am, fast asleep and all of a sudden a kango hammer starts drilling up concrete. there was a gas leak on the main line.

meglome

Cian wrote:

it's the noise and the resultant vibration, the 2 windows in my room vibrate, all the picture frames, even my computer and a flower vase! I'm a little worried about my double bass as vibration is bad for the sound post & bridge (and quite expensive to fix). They start around 8am, i would have presumed 9am to be a more reasonable time.

A far as I know they can start at 8am. I've been living in Dublin City centre a long time now so I've had many an 8am wake up at this stage. I have stopped people working earlier than that by telling them I'd get the Guards if they didn't stop or by actually ringing the guards. But I'm not sure what the law is.

cycleoin

If you think that the noise/work is over the top and outside the scope of every day inconvenience you might consider taking an action in the District Court, its cheap and easy, you could probably do it yourself. Your cause of action is noise nuisance pursuant to the Environmental Protection Agency Act, 1992

haz

cycleoin wrote:

noise nuisance pursuant to the Environmental Protection Agency Act, 1992

I look forward to enactment of the Noise Bill 2006 (in 2nd stage now) http://www.oireachtas.ie/viewdoc.asp?fn=/documents/bills28/bills/2006/5606/document1.htm

This specifies actionable decibel readings (section 6) and night-time noise (sections 4 & 5) http://www.oireachtas.ie/documents/bills28/bills/2006/5606/b5606d.pdf

Edit: It is worth blustering the noise levels and times in a printout of the yet-to-be-enacted bill with the official-looking harp because some intending noise-makers might back down on proposed activities / installations, which is easier than acting after the fact....)