Is it illegal to construct buildings at night?
For about half a month now, a family behind my house has been building. They work at night until 2-3 am, causing noise that annoys the residents. I would like to ask if the law permits construction at night? This is a concern raised by Ms. Nguyen Thi Luong (Truong Vinh Ward, Nghe An Province).
Reply:In general, the law currently does not prohibit it.constructionIn fact, many construction projects are carried out at night. However, whether construction takes place during the day or at night, it must comply with construction laws and regulations.
Article 111 of the 2014 Construction Law (amended and supplemented in 2020) stipulates that construction work must comply with the approved construction design, applicable technical standards and regulations; ensure the safety of the construction project; protect the environment, prevent and control fires and explosions, and meet other safety conditions as prescribed by law.
Furthermore, Article 174 of the 2015 Civil Code stipulates that when constructing a building, the owner or other person with rights to the property must not infringe upon the legitimate rights and interests of the owner or other person with rights to adjacent and surrounding real estate.
Furthermore, Clause 5, Article 64 of the 2020 Environmental Protection Law stipulates that the construction, renovation, repair, and demolition of construction works must ensure environmental protection requirements, including measures to prevent the emission of dust, heat, noise, vibration, and light exceeding permissible levels according to environmental technical standards.
Regarding penalties for noise pollution, according to Article 22 of Decree No. 45/2022, acts causing noise exceeding the technical noise standard by less than 2 dBA will be subject to a warning fine ranging from 1 million VND to 160 million VND, depending on the level of noise pollution. In addition, supplementary penalties and remedial measures may be applied as prescribed.
If construction work carried out at night meets all legal requirements, then nighttime construction does not violate the law.
If residents feel that construction noise is affecting their lives and daily activities, they can discuss the issue directly with the project owner or the construction company to find a mutually agreeable solution. Alternatively, residents can report the issue to the local authorities for assistance and resolution.