Is it illegal to build a building at night?
For about half a month now, a family behind my house has been constructing. They are constructing at night until 2-3am, making noise that upsets the residents. May I ask, is it legal to construct at night? This is a concern of Ms. Nguyen Thi Luong (Truong Vinh ward, Nghe An).
Reply:As a general rule, the law does not currently prohibitconstructionAt night, in fact, there are many constructions built at night. However, whether built during the day or at night, construction regulations must be followed.
Article 111 of the 2014 Construction Law (amended and supplemented in 2020) stipulates requirements for construction works to comply with approved construction designs, standards and technical regulations applicable to the works; ensure safety for construction works; protect the environment, prevent and fight fires and explosions, and other safety conditions as prescribed by law....
In addition, Article 174 of the 2015 Civil Code stipulates that when constructing a project, the owner or other entity with rights to the property must not infringe upon the legitimate rights and interests of the owner or other entity with rights to the adjacent and surrounding real estate.
In addition, Clause 5, Article 64 of the Law on Environmental Protection 2020 stipulates that construction, renovation, repair, and demolition of construction works must ensure environmental protection requirements, including measures to not emit dust, heat, noise, vibration, and light exceeding the permitted levels according to environmental technical regulations.
Regarding the regulations on noise penalties, according to Article 22 of Decree No. 45/2022, acts of causing noise exceeding technical standards on noise by less than 02 dBA will be subject to a warning fine of VND 1 million to VND 160 million depending on the level of noise pollution. In addition, additional penalties and remedial measures may be applied according to regulations.
If construction at night meets the construction requirements as prescribed by law, then construction at night does not violate the law.
In case, if people feel that construction noise affects their life and activities, they can directly discuss with the project owner and the construction worker to find a solution that is satisfactory for both sides. In addition, people can report to the local authorities for support and resolution.
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