Thank you, for clicking on today’s Property Surveying blogpost, today we are going to be looking at construction works and the typical question we find ourselves asked here at Stokemont.
Through our weekly Property Surveying blogpost, we aim to tackle some of the more complicated and tricky parts of the property industry, hopefully giving you insight and information. The aim being so that you can ensure you are fully informed in respect of some of the more pressing issues that our surveyors here at Stokemont find themselves dealing with on a daily basis.
Construction working hours are forever going to be a bone of contention for neighbouring owners.
From a neighbouring owner’s perspective, they will not gain any benefit from the building owner’s construction work, however they do find themselves on the receiving end of all the drawbacks.
With working from home (WFH) now more prevalent than ever, many offices doing set work from home days and set office days, our home has not only become our sanctuary, it has also in many cases become a place of business.
It is therefore normal for neighbouring owners to complain and take issue with planned works and the overall working hours that the building owner exercises.
Typically, here at Stokemont, we find ourselves being asked if the neighbouring owners, tenants, or occupiers are eligible to receive any form of discount on their rent, contribution towards temporary office space, or any form of compensation whatsoever.
While this is a reasonable request and position for a neighbouring owner to take, it is important to note that the working hours, and in particular the noisy hours, are very much governed by your Local Authority.
Your Local Authority will set out and confirm those hours that it deems noisy construction works can be reasonably undertaken.
In many cases, these working hours are going to be Monday-Friday 8am-6pm, with some (the majority of) Local Authorities also permitting noisy working hours from 8am-1pm on a Saturday.
It goes without saying that public holidays and bank holidays are omitted from the permissible working hours.
From a legal perspective, and in particular a nuisance perspective, the Local Authority will therefore be validating noisy work within that window, albeit that window is incredibly wide and large, making up the vast majority of all of our working days.
In layman’s terms, this means that a building owner and person undertaking the construction work is within their legal right to generate noisy work to their property within that window.
While the Local Authority are likely to be sympathetic for neighbouring owners, they do take the construction facility view, whereby if they were to reduce or lessen these hours, it would have the knock-on effect whereby overall construction durations and projects would be significantly longer, therefore significantly increasing the overall knock-on nuisance to perimeter properties, while also making the overall construction project most costly as a result of the additional time required on site.
Agreed Compensation
We often find ourselves being asked by owners whether we are able to sound out if the building owner is agreeable to some form of compensation for the noise.
In almost all situations that we have handled here at Stokemont, we can confirm that the building owner has never been in agreement for such concession.
With the vast majority of nuisance resulting from noisy work being caused in built-up areas, cities, city centres and town centres, overall it is one of the drawbacks we all accept by living in areas that are likely and prone to be regenerated, extended, improved and developed.
Party Wall Surveying Working Hours
Party wall surveying specific works, unlike Local Authority working hours, will be at the realm and jurisdiction of the party wall surveyor, or party wall surveyors who agree them as part of the Party Wall Award.
In simple terms, what this means is that the party wall surveyors are given the jurisdiction to agree on reasonable working hours.
They are therefore in a privileged position to be able to override the Local Authority working hours stipulated.
That being said, the vast majority of party wall surveyors will be uncomfortable or unwilling to shave off or narrow working hours, mainly because the Local Authorities have set out such clear guidance on the matter.
In the past, here at Stokemont, we have seen working hours be reduced by half an hour to an hour each working day.
Equally, where there are significantly important personal situations, such as children’s exams, unwell neighbours, or other bona fide personal circumstances to be navigated, it is not uncommon for a building owner to exercise agreed reductions in working hours.
Licence for Alteration of Working Hours
Licence for Alteration of Working Hours are equally a bone of contention for neighbouring leaseholders.
Licence for Alterations works will often mean that the building owner is undertaking work to their flat.
The works will therefore have a much more significant acoustic impact on the neighbouring leaseholders.
The works taking place have likely been agreed via a Licence for Alteration that would have been signed and put in place by the share or freehold company, management company, managing agent, right-to-manage company or freeholder.
It is therefore likely that the respective party would have informed neighbouring leaseholders of the planned works in advance of them commencing.
Therefore, if indeed you find yourself on the receiving end of noisy work, we would advise discussing this with your respective point of contact within the building that you reside.
Overall, it is important to note that construction working hours are in place to facilitate work. Equally, they are in place to ensure that works are undertaken within an agreed window of time.
This window of time taking into account the need for building owner construction, along with the need for neighbouring property respite.
If you would like to discuss construction working hours with our team of experienced and qualified RICS building surveyors here at Stokemont, please feel free to give us a call today, you can also pop us an email, and we will be more than happy to assist and advise you.
