The Self-build and Custom Housebuilding Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

The Self-build and Custom Housebuilding Act 2015 (c 17) (“the Act”) requires relevant authorities to keep a register of individuals and associations of individuals who are seeking to acquire serviced plots of land in the authority’s area and, unless exempt, to grant sufficient development permissions to meet the demand for self-build and custom housebuilding. These Regulations are made under sections 2B and 5 of, and the Schedule to, the Act and make provision in relation to the definition of a serviced plot of land, registers kept under the Act and exemption from the duty.

Regulation 3 adds to the definition of the requirements about utilities and access to the public highway that a plot of land must meet to be a serviced plot of land specified the Act by specifying that if those requirements can be met within the duration of a development permission, the plot is to count as a serviced plot of land.

Regulation 4 provides eligibility criteria for entry in an authority’s register and for registers to be divided into Part 1 and Part 2 depending on the circumstances of the applicant. Regulation 5 allows authorities to set additional criteria for eligibility. Regulation 6 sets out what information must be provided in an application for entry in the register and applies the Regulations to applications for amendment of an entry. Regulation 7 provides for the determination of applications and notifying applicants of that determination. Regulation 8 makes provision for the content of registers.

Regulation 9 has the effect that if a person is entered in Part 2 of the register, that person does not count towards the assessment of local demand for self-build and custom housebuilding for section 2A of the Act (which requires authorities to grant sufficient development permissions to meet that demand).

Regulation 10 makes provision for the removal of entries from the register, either at the request of the registered individual or association or if an authority considers that a registered individual or association is no longer eligible.

Regulation 11 permits relevant authorities to apply for exemption from the duty under section 2A of the Act in circumstances where demand for serviced plots of land is high but the supply of land for housing is constrained.

Regulation 12 revokes the Self-build and Custom Housebuilding (Register) Regulations 2016 (S.I. 2016/105).

An Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or the voluntary sector.