Understanding the Control of Pollution Act 1974

The Control of Pollution Act 1974 (COPA) gives local authorities in the UK significant powers to control noise from construction sites. Here's what you need to know:

What Does COPA Cover?

COPA applies to noise from construction, demolition, and engineering works. It covers noise emitted from the site boundary and gives councils tools to act before and during noisy works.

Section 60 – Notice During Works

Under Section 60, a council can issue a notice imposing requirements on how construction work is carried out. This can include:

• Restricting permitted working hours
• Requiring specific (quieter) equipment or methods
• Limiting noise levels at the site boundary

If you believe construction is causing unreasonable noise, your local council's Environmental Health team can serve a Section 60 notice.

Section 61 – Prior Consent

Section 61 allows contractors to apply to the council before work begins, agreeing on acceptable hours, methods, and noise levels. This is known as Prior Consent.

If a contractor has obtained a Section 61 consent and is operating within its conditions, your complaint options become more limited — but the conditions themselves are legally binding.

What You Can Do

1. Check whether a Section 61 consent has been granted for the site (ask the council).
2. If no consent exists and noise is unreasonable, ask your council to serve a Section 60 notice.
3. Keep a written log of all noise incidents as evidence.
4. If the council fails to act, you can apply to a magistrates' court directly under the Environmental Protection Act 1990, Section 82.