construction work in the shop next door during the night

juanjo · 15-03-2018 07:51PM #1

Hi,

I just got a letter from the shop next door saying that they will be doing construction during one night next week. In the letter they state they cannot do it during the day and put a lame excuse, I assume they don't want the construction to interfere in their daily business.

This is a shop that opens 7 days a week, from 7am to 10pm during weekdays and from 9am to 10pm during weekends, they are poorly soundfroofed and I've already complained about the noise with the city council, but they said they cannot do anything as the noise comes from inside the building.

Is this legal? Do they need any special permissions to do this kind of work? I've already took the noise problem as a lost battle but this new development made me decide to post it here.

Can anyone shed a bit of light here regarding these issues? Any advices/suggestions?

Thanks in advance.

Edit: Sorry I put this here, I just realized this is more for buying/selling, please mods move it if in wrong subforum.

davo10 · 15-03-2018 08:59PM

One night? Hardly a huge inconvenience.

fritzelly · 15-03-2018 09:23PM

davo10 wrote: »

One night? Hardly a huge inconvenience.

It is if they are trying to sleep and get up for work in the morning

http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types

Cheshire Cat · 15-03-2018 09:26PM

Ask them to pay for a night in a hotel while they do the work. Having to deal with noise during the day AND at night is unreasonable, even if it is a once off.

davo10 · 15-03-2018 09:29PM

fritzelly wrote: »

It is if they are trying to sleep and get up for work in the morning

http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types

it's still only one night, and they are giving notice. A good set of earplugs should do the trick. It's amazing what people complain about.

fritzelly · 15-03-2018 09:37PM

davo10 wrote: »

it's still only one night, and they are giving notice. A good set of earplugs should do the trick. It's amazing what people complain about.

They are being selfish, as the OP already said there is a lot noise during the day and instead of losing a little bit of business they would rather put out other people, on top of that construction work at night is illegal unless they have a special exemption which wouldn't extend to commercial properties in this manner

duffman13 · 15-03-2018 09:40PM

davo10 wrote: »

it's still only one night, and they are giving notice. A good set of earplugs should do the trick. It's amazing what people complain about.

Get a grip, one night of no sleep is not a minor inconvenience and is something most people would complain about. Speak to the shop then if no luck contact the council

davo10 · 15-03-2018 09:40PM

fritzelly wrote: »

They are being selfish, as the OP already said there is a lot noise during the day and instead of losing a little bit of business they would rather put out other people, on top of that construction work at night is illegal unless they have a special exemption which wouldn't extend to commercial properties in this manner

Was the shop there before the op moved in?

Look, it could be illegal, it could be noisy, but it's not a month, a week, it's one solitary night. Ear plugs.

K.Flyer · 15-03-2018 09:44PM

juanjo wrote: »

Hi,

I just got a letter from the shop next door saying that they will be doing construction during one night next week. In the letter they state they cannot do it during the day and put a lame excuse, I assume they don't want the construction to interfere in their daily business.

This is a shop that opens 7 days a week, from 7am to 10pm during weekdays and from 9am to 10pm during weekends, they are poorly soundfroofed and I've already complained about the noise with the city council, but they said they cannot do anything as the noise comes from inside the building.

Is this legal? Do they need any special permissions to do this kind of work? I've already took the noise problem as a lost battle but this new development made me decide to post it here.

Can anyone shed a bit of light here regarding these issues? Any advices/suggestions?

Thanks in advance.

Edit: Sorry I put this here, I just realized this is more for buying/selling, please mods move it if in wrong subforum.

Check with the local authority to see if permission is needed for the works and if it was applied for and granted.

fritzelly · 15-03-2018 09:45PM

davo10 wrote: »

Was the shop there before the op moved in?

Look, it could be illegal, it could be noisy, but it's not a month, a week, it's one solitary night. Ear plugs.

It's not a dripping tap, but it'll be grand when he's driving the bus in the morning and can't stay awake

OP, do as suggested above about the hotel room, if they don't then entertain it then call the garda on the night it starts. Hours of operation would have been part of the planning application (assuming they do have that)

stimpson · 15-03-2018 09:51PM

Totally illegal. See here: http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types

The permissible hours of operation of a building site within Dublin City are;

Monday to Friday 07.00 – 18.00

Saturday 08.00 – 14.00

Sundays and Public Holidays No noisy work on site.

These hours are often specifically conditioned at the planning permission stage, and therefore are enforced by the Planning Enforcement Section of Dublin City Council. You can search for a Planning Application here.

In the event that a planning condition has not been applied regarding hours of operation, the Air Quality Monitoring and Noise Control Unit will deal with the complaint.

I’d go straight to the council with the letter. No point complaining when it starts.

L1011 · 15-03-2018 10:04PM

stimpson wrote: »

Totally illegal. See here: http://www.dublincity.ie/main-menu-services-water-waste-and-environment-air-quality-monitoring-and-noise-control-noise/types

I’d go straight to the council with the letter. No point complaining when it starts.

If it isn't something that needed planning, it won't be covered by that regulation.

This is effectively a legal query and certainly isn't a consumer query so closing, moving and letting the mods there decide if its allowable

dudara · 15-03-2018 10:06PM

Moved to Accommoddation & Property. Best place to get advice I think.

dudara

Mrs OBumble · 16-03-2018 12:50AM

davo10 wrote: »

Was the shop there before the op moved in?

Look, it could be illegal, it could be noisy, but it's not a month, a week, it's one solitary night. Ear plugs.

If you move in next to, above, below ... a business you know that there will be times when they do work at night.

Peregrinus · 16-03-2018 03:55AM

Mrs OBumble wrote: »

If you move in next to, above, below ... a business you know that there will be times when they do work at night.

Depend on the nature of the business, obviously. There are relatively few businesses that involve all-night construction work, and most people would take damn good care not to move in beside one.

OP, I think the "night in a hotel" idea is a good one. The shopowners are scheduling this work for their own economic avantage - they want to miminise trading downtime. The burden of this falls on you, and there is no reason why they should take the desired benefit of the nightwork while leaving you to bear the burden. Them paying for a night away for you is a reasonable compromise.

If that doesn't work, you could take the matter up with the local authority, who are the enforcement agency for environmental nuisance, including noise.

construction work in the shop next door during the night

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