Professional Documents
Culture Documents
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Contents
page
Committees responsible inside front cover
Foreword U
Guide
introduction 1
1 Scope
2 References
3 Definitions
4 Legislative background
6 Guidance notes on legislation
6 Noise control targets 5
Annex
A (informative) Bibliography 6
Figure
1 Procedures to control construction noise andor vibration under the
Control of Pollution Act 1974 4
List of references 7
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Foreword
This Part of BS 5228 has been prepared by SubcommitteeB/209/17 and covers the
control of noise and vibration from constniction and demolition sites. It supersedes
BS 5228 : Part 2 : 1984, which is withdrawn.
BS 5228 refers to the need for the protection of persons living and worlang in the
vicinity of such sites and those working on the sites, from noise and vibration. It
recommends procedures for noise and vibration control in respect of construction and
demolition operations and ajms to assist architects, contractors and site operatives,
designers, developers, engineers and local authority environmentalhealth officers and
planners, regarding the control of noise and vibration.
Noise and vibration can cause disturbance to processes and activities in neighbouring
buildings, and in certain extreme circumstances, vibration can cause or contribute to
building damage.
Noise and vibration can be the cause of serious disturbance and inconvenienceto
anyone exposed to it and in certain circumstances noise and vibration can be a hazard
to health. The Environmental Protection Act 1990 [ 1J in England and Wales (and
Scotland by virtue of the Environment Act 1995 [2]) contains provisions for the
abatement of nuisances caused by noise and vibration. The provisions of the
Environmental Protection Act 1990 are extended to vehicles, machinery and equipment
in streets by the Noise and Statut~ryNuisance Act 1993 [3],the Control of Poiiution
Act 1974 [4] in England, Wales and Scotland, and the Pollution Control and Local
Government (Northern Ireland) Order 1978 [5] in Northern Ireland. The 1974 and
1990 Acts (sections 73(1) and 79(7), respectively) and the 1978 Order (Article 53( 1))
define ‘noise’as including ’vibration’.
It should be noted that BS 6472 covers the human response to vibration in structures
and BS 7385 : Part 1covers the measurement and evaluation of structurai vibration.
BS 7385 : Part 2 contains guidance on damage levels from groundborne vibration.
NOTE. An item dealing with the vibratory loading of structures is being processed within ISO/TC 98/SC/2,
Safety of structures. This is being monitored by BSI.
BS 5228 : Part 1is common to ail the types of work covered by this and the other Parts
of BS 5228, which should be read in conjunction with Part 1.
Other Parts will be published in due course as and when required by indusm.
preparation.
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Attention is dram to the Conlxol of Pollution Act 1974 [4] (part III(Noise)), the
Environmental Protection Act 1990 [ l](Part III (Statut~qyNuisances and Clean Air)),
the Noise and Statutory Nuisance Act 1993 [3],the H d t h and Safety at Work etc.
Act 1974 [6] (in Northern Ireland, the Poilution Control and Local Government
(Northern Ireland) Order 1978 [5] and the Health and Safety at Work (Northern Ireland)
Order 1978 [7]),and to the Noise at Work Regulations, 1989 SI 1790 [BI and the Noise at
Work Regulations (Northern Ireland), 1990 Statutory Rules 147 [9].
Compliance with a British Standard does not of itself confer immunity from
legal obligations.
Summary of pages
This document comprises a front cover, an inside íì-ont cover, pages i to iv, pages 1to 8,
an inside back cover and a back cover.
...
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Guide
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that nuisance action cannot be taken under vibration requirements may well affect both the
section 82 of the 1990Act or under common law. A tender and contract price. It is therefore preferable
consent can be used as a defence in appeals against that the local authority’s requirements are made
an abatement notice (Statutory Nuisance (Appeals) laown before tenders are submitted. The best way
Regulations 1990 [19] as amended). of achieving this is for the person for whom the
It is essential that an application for a consent is work is to be carried out to make the application to
made at the same time as, or later than, any request the local authority for a consent, before inviting
for approval under Building Regulations or for a tenders. As much detailed information as possible
warrant under section 6 of the Building (Scotland) should be given concerning the methods by which
Act 1959 [22], when this is relevant. Subject to this the construction work is to be carried out and also
constraint, there are obvious advantages in making the proposed noise and vibration abatement
any application at the earliest possible date. There measures to enable the local authority to give a
may be advantages in having informal discussions consent. (See also 6.3.)
before formal applications are made. When a person for whom construction work is to be
It is essential that an applicant for a consent gives carried out has sought and obtained consent from
the local authority as much detail as possible about the local authority, the local authority’s requirements
the construction work to which the application should be incorporated in the tender documents so
relates and about the method or methods by which that tenderers do not base their tenders on the use
the work is to be carried out. It is also essential that of unacceptable work methods and plant.
information be given about the steps that will be As far as possible, a contractor should be allowed
taken to minimize noise and vibration resulting from freedom of choice regarding plant and methods to be
the construction work. used but a local authority can, in consultation with
Provided that a local authority is satisfied that the recipient of a consent, specm the type of plant
proposals (accompanying an application) for or methods to be used with its consent. In addition
minimizing noise and vibration are adequate (and in to any approach made by a person responsible for
deciding this it will have regard, among other things, construction work, tenderers may also wish to apply
to this standard), it will give its consent to the to a local authority in order either to seek consent
application. It can, however, attach conditions to the for the use of methods or plant in place of those
consent, or limit or quahfy the consent, to allow for specified in an earlier consent (or notice), or to
any change in circumstances and to limit the satisfy themselves that the detailed methods and
duration of the consent. If a local authority fails to plant that they had planned to use meet the
give its consent within 28 days of an application conditions laid down.
being lodged, or if it attaches any conditions or 6.6 Emergencies
qualification to the consent that are considered
In the event of any emergency or unforeseen
unnecessary or unreasonable, the applicant
circumstances arising that cause safety to be put at
concerned can appeal to a magistrates court
risk, it is important that every effort be made to
within 21 days from the end of that period. ensure that the work in question is completed as
When a consent has been given and the construction quickly and as quietly as possible and with the
work is to be carried out by a person other than the minimum of disturbance to people living or working
applicant for the consent, it is essential that the nearby. The local authority should be informed as
applicant takes all reasonable steps to bring the soon as possible should it be found necessary to
terms of consent to the notice of that other person; exceed permitted noise or vibration limits because of
failure to observe the terms of a consent are an emergency.
offences under the Act.
6.6 Flow diagram
6.4 Contractual procedures The procedures available under the Control of
It is likely to be to the advantage of a developer or Pollution Act 1974 [4] for the control of construction
contractor, or an employer or his agent, who intends noise, are illustrated in the flow diagram shown in
to carry out construction work, to take the initiative figure 1.
and apply to the local authority for consents under
the Control of Pollution Act 1974 [4]. This will have
implications for traditional tender and contract
procedures because the local authority’s noise and
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6.7 Land Compensation Act 1973 (as amended), 6 Noise control targets
Highways Act 1980,Land Compensation,
Ail reasonably practicable means should be
(Scotland) Act 1973,Land Acquisition and
Compensation (Northern Ireland) Order 1973 employed to ensure the protection of local
communities and of people on construction sites,
The Noise Insulation Regulations 1975 [13],Noise from detrimental effects of the noise and vibration
Insulation (Scotland) Regulations 1975 [14] and Noise generated by construction operations. The means
insulation (Northern Ireland) Regulations 1995 [ 151 employed should be determined by local
made under the powers contained respectively in the circumstances and can include noise reduction
Land Compensation Act 1973 [lo], the Land measures for individual items or plant and
Compensation (Scotland) Act 1973 [li]and the Land machinery, the use of plant and machinery with low
Acquisition and Compensation (Northern Ireland) noise output, the provision of acoustic shields,
Order 1973 [ 121, allow a highway authority to provide barriers or enclosures, the fWng of hours of work,
insulation for dwellings and other buildings used for the setting of noise or vibration limits or any other
residential purposes by means of secondary glazing appropriate measures. Section 60 of the Control of
and special ventilation when highway works are Pollution Act 1974 [4] specifies the matters to which
expected to cause serious noise effects for a local authorities will have regard when serving a
substantial period of time. The 1973Acts also contain notice imposing requirements to limit noise and
provisions that enable a highway authority to pay the vibration emission from sites.
reasonable expenses of residents who, with the
Annex C of BS 5228 : Part 1: 1997 gives guidance on
agreement of the authority, have to find suitable
alternative accommodation for the period during noise levels produced by site equipment and
which construction work makes continued activities and annex D of BS 5228 :
Part 1: 1997 describes methods of estimating noise
occupation of an a&acent dwelling impracticable.
from construction sites. The information contained
The Highways Act 1980 [23] and the Land in these annexes will assist with the prediction of
Compensation (Scotland) Act 1973 [li]enable the levels of noise likely to emanate from a proposed
highway authorities to acquire land by agreement construction site and will provide a useful reference
when its enjoyment is seriously affected by works of when the setting of noise limits is being considered.
highway construction or improvement. In addition,
these Acts give the highway authority power to carry Those seeking to determine suitable noise limits for
out works, for example, the installation of noise construction operations should be aware of the
barriers, to mitigate the adverse effects of works of particular noise problem that can occur when such
construction or improvement on the surroundings of operations take place in existing buildings that are
a highway. either occupied or contiguous with occupied
buildings. Vibration introduced directly into the
6.8 The Noise Insulation (Railways and Other structure by equipment such as breakers, hammers
Guided Transport Systems) Regulations 1996 and drills may attenuate only slowly as it is
The Noise Insulation (Railways and Other Guided transmitted through the structure and may therefore
Transport Systems) Regulations 1995 [ 171 which produce unacceptable levels of noise in rooms
came into force on 1March 1996 give a discretionary remote fi-om the source. In particularly sensitive
power to railway authorities to provide insulation or situations it may be necessary to use alternative
grant for insulation where noise from the techniques and equipment.
construction of a new or altered railway is expected Clause 6 should be read in conjuction with 8.6 of
seriously to affect residential and other buildings for BS 5228 : Part 1 : 1997.
a substantial time.
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Annex
Annex A (informative)
Bibliography
CONSTRUCTION INDUSTRY RESEARCH AND
INFORMATION ASSOCIATION (CRIA). Noise from
construction and demolition sites - measured levels
and their prediction. Report 64. London: CRIA, 19773)
DEPARTMENT OF THE ENVIRONMENT (DOE).
Control of Pollution Act 1974; Implementation of
Part III -Noise. Circuiar 2/76. London: The Stationery
Office, 1976
DEPARTMENT OF THE ENVIRONMENT (DOE).
Planning and Noise. Planning Policy Guidance PPG 24.
London: The Stationery Office, 1994
NOTE 1. PPG 24 replaces Circular 10R3 in England.
SCO'ITISH DEVELOPMENT DEPARTMENT (SDD).
CimuLar (and Accompanping Memorandum): Control
of PoUutwn Act 1974; C m m e m e n t of Prowisions of
Part III (Noise) and Part IV (FoUution of the
Atmsphme). Circular 131982. Edinburgh: SDD, 19û24)
SC0"I'ISH DEVELOPMENT DEPARTMENT (SDD).
Planning and noise Circular 231973. Edinburgh:
SDD, 19734)
WELSH OF'FTCE. Plannuig and noise. Circular 16/73.
London: The Stationery ûffice, 1973.
NOTE 2. Local authorities also publish circulars on noise control
3)Available from the construction industry Research and information Association,6 Storey's Gate, Westminster, London SW1P 3AU.
4)Available h m the Scottish Development Department, New St Andrew's House, Edinburgh EH1 3SZ.
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S T D * B S I B S 5228: P A R T 2-ENGL 1777 l b 2 q b b 9 Ob29L7b L5T M
BS 6228 : Part 2 : 1997
Normative references
BSI publications
BRITISH STANDARDS INSTITUTION. London
Informative references
BSI publications
BRITISH STANDARDS INSTITUTION, London
Other publications
[i] GREAT BRITAIN. Environmental Protection Act 1990. London: The Stationery Office
[2] GREAT BRITAIN. Environment Act 1995. London: The Stationery Office
[3]GREAT BRITAIN. Noise and Statutory Nuisance Act 1993. London: The Stationery Office
[4]GREAT BRITAIN. Control of Poliution Act 1974. London: The Stationery Office
[5] NORTHERN IRELAND. Pollution Control and Local Government (Northern Ireland) Order 1978. Belfast:
The Stationery Office
[6] GREAT BRITAIN. Health and Safety at Work etc. Act 1974. London: The Stationery Office
[7] NORTHERN IRELAND. Health and Safety at Work (Northern Ireland) Order 1978. Belfast: The Stationery
Office
[8] GREAT BRITAIN. Noise at Work Regulations, 1989 SI 1790. London: The Stationery Office
[9] NORTHERN IRELAND. Noise at Work Regulations (Northern Ireland), 1990 Statutory Rules 147. Belfast:
The Stationery Office
[lo] GREAT BRITAIN. Land Compensation Act 1973. London: The Stationery Mice
[ l i ] GREAT BRITAIN. Land Compensation (Scotland) Act 1973. London: The Stationery Office
[ 121 NORTHERN IRELAND. Land Acquisition and Compensation (Northern Ireland) Order 1973. Belfast:
The Stationery Office
(131 GREAT BRITAIN. Noise Insulation Regulations 1975. London: The Stationery Office
[ 141 GREAT BRITAIN. Noise Insulation (Scotland) Regulations 1975. London: The Stationery Office
[15] NORTHERN IRELAND. Noise Insulation (Northern Ireland) Regulations 1995. Belfast:
The Stationery Office
preparation.
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[16]GREAT BRITAIN. Noise Insuiation (Amendment) Regulations 1988. London: The Stationery Office
[17]Noise insulation (Railways and Other Guided 'lhnsport Systems) Regulations 1995. London: The Stationery
Office
[18]GREAT BRITAIN. Control of Noise (Appeals) Regulations 1975. London: The Stationery Office
[19]GREAT BRITAIN. Statutory Nuisance (Appeals) Regulations 1990. London: The Stationery Office
(201 NORTHERN IRELAND. Control of Noise (Appeals) Regulations (Northern Ireland) 1978. Beifast:
The Stationery Office
[21] GREAT BRITAIN. Control of Noise (Appeals) (Scotland) Regulations 1983. London: The Stationery Office
[22] GREAT BRITAIN. Building (Scotland) Act 1959. London: The Stationery Office
[23] GREAT BRITAIN. Highways Act 1980. London: The Stationery Office
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BS 5228 :
Part 2 : 1997
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