Any business that is required to undertake:

• public or private construction, upgrade, repair, earthworks or storage works;
• between 22.00 and 7.00 hours;
• in an urban area.

The exemption application may be submitted by the business itself or through a third party.

Prior to submitting your application, you can prepare a topographical map showing:

• the boundaries of the work site;
• the locations of the main sources of noise (excavators, lorries, etc.);
• the plots of land within a 200-metre radius of the works site.

Please note: with regard to the MyGuichet.lu procedure, the topographical map is integrated into the online procedure. So you don't need to do anything.

The application must be submitted before the scheduled commencement of the work.

The Environment Agency recommends that applications be submitted:

• at least 2 weeks before the works are scheduled to begin;
• at least 2 months before the works are scheduled to begin, for:
  • large-scale works; or
  • works that may cause noise pollution (e.g. civil engineering work, use of noisier equipment such as jackhammers or chainsaws).

Submitting the application

You must submit an application for authorisation for night work to the Authorisations Unit of the Environment Agency.

The application can be submitted:

• online via MyGuichet.lu (this is a procedure with authentication which requires a LuxTrust product); or
• via the MyGuichet.lu mobile app; or
• by email to bruit@aev.etat.lu.

You must indicate:

• the applicant's identity;
• the business carrying out the works (if different from the applicant);
• a description of the work site (address, name of the works owner, etc.);
• why night work is necessary;
• a description of the works to be carried out (start and end dates, working hours, etc.);
• a description of the noise levels expected at the site, together with a list of the equipment and/or machinery used;
• a description of the traffic on public roads generated by the works.

For concrete-polishing works, and for greater flexibility in reacting to unforeseen circumstances (e.g., weather conditions, progress of works), the following wording may be used instead of specifying exact dates: 'Works over a period of … nights, between … and … '.

Supporting documents

You must also enclose with your application:

• a topographical map;
• if necessary, any specific studies (e.g., an acoustic analysis) requested by the Environment Agency.

You may contact the Environment Agency beforehand to ascertain whether such studies are required with your application.

The administration's decision

If, after examination, the application is approved by the Environment Agency, an authorisation order will be issued.

The order must be publicly displayed at all times at the work site. Moreover, you must inform neighbours in the vicinity of the site about the night works before it commences.

Appeals

If your application is refused, you can:

• submit a new application and propose compensatory measures to mitigate the noise impact at night (e.g. installation of noise barriers, carrying out an acoustic study, etc.);
• challenge the decision and submit, within the time limits:
  • a non-contentious appeal; or
  • a contentious appeal with the Luxembourg Administrative Tribunal (Tribunal administratif de Luxembourg);
• contest the decision by referring the matter to the Ombudsman.

Procedures

Links