I11Registers of persons seeking to acquire land to build a home

F8A1

In this Act “self-build and custom housebuilding” means the building or completion by—

a

individuals,

b

associations of individuals, or

c

persons working with or for individuals or associations of individuals,

of houses to be occupied as homes by those individuals.

A2

But it does not include the building of a house on a plot acquired from a person who builds the house wholly or mainly to plans or specifications decided or offered by that person.

1

Each relevant authority must keep a register of—

a

individuals, and

b

associations of individuals F9... ,

who are seeking to acquire serviced plots of land in the authority's area F10for their own self-build and custom housebuilding.

2

Each relevant authority must publicise its register under this section.

3

Relevant authorities are—

a

district councils;

b

county councils in England so far as they are councils for an area for which there are no district councils;

c

London borough councils;

d

the Common Council of the City of London;

e

the Council of the Isles of Scilly.

4

The Broads Authority is the relevant authority for the whole of its area, to the exclusion of any authority mentioned in subsection (3).

5

A National Park authority in England is the relevant authority for the whole of its area, to the exclusion of any authority mentioned in subsection (3).

6

Regulations may—

a

provide for specified public authorities, or specified descriptions of public authorities, to be relevant authorities for specified areas in England, and

b

provide for such an authority to be the relevant authority for its area to the exclusion of any other authority.

F76A

In this section—

  • “association of individuals” includes a body corporate that exercises functions on behalf of an association of individuals;

  • “completion” does not include anything that falls outside the definition of “building operations” in section 55(1A) of the Town and Country Planning Act 1990;

  • “home”, in relation to an individual, means the individual's sole or main residence.

7

For the purposes of this section the area of the Common Council includes the Inner Temple and the Middle Temple.

8

The Schedule makes provision in relation to registers under this section.

I22Duty as regards registers

1

Each of the authorities mentioned in subsection (2) must have regard to each register under section 1 that relates to its area when carrying out the functions mentioned in subsection (4).

2

The authorities referred to in subsection (1) are—

a

county councils in England;

b

district councils;

c

London borough councils;

d

the Common Council of the City of London (in its capacity as a local authority);

e

the Sub-Treasurer of the Inner Temple (in that person's capacity as a local authority);

f

the Under-Treasurer of the Middle Temple (in that person's capacity as a local authority);

g

the Council of the Isles of Scilly;

h

the Broads Authority;

i

National Park authorities in England;

j

such other public authorities, or descriptions of public authority, as may be specified.

3

Regulations under subsection (2)(j) that specify public authorities, or descriptions of public authority, are to specify the areas in England that are those authorities' areas for the purposes of this section.

4

The functions referred to in subsection (1) are functions relating to—

a

planning;

b

housing;

c

the disposal of any land of the authority;

d

regeneration.

C12AF5Duty to grant planning permission etc

1

This section applies to an authority that is both a relevant authority and a local planning authority within the meaning of the Town and Country Planning Act 1990 (“the 1990 Act”).

2

An authority to which this section applies must give F17... development permission F18for the carrying out of self-build and custom housebuilding on enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority's area F19in respect of each base period.

3

Regulations must specify the time allowed for compliance with the duty under subsection (2) in relation to any base period.

4

The first base period, in relation to an authority, is the period—

a

beginning with the day on which the register under section 1 kept by the authority is established, and

b

ending with F1130 October 2016.

Each subsequent base period is the period of 12 months beginning immediately after the end of the previous base period.

5

In this section “development permission” means planning permission or permission in principle (within the meaning of the 1990 Act).

F205A

Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.

6

For the purposes of this section—

F21a

the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of—

i

the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and

ii

any demand for self-build and custom housebuilding that arose in the authority’s area in an earlier base period and in relation to which—

A

the time allowed for complying with the duty in subsection (2) expired during the base period in question, and

B

the duty in subsection (2) has not been met;

aa

the demand for self-build and custom housebuilding arising in an authority’s area in a base period is evidenced by the number of entries added during that period to the register under section 1 kept by the authority;

b

an authority gives development permission if such permission is granted—

i

by the authority,

ii

by the Secretary of State or the Mayor of London on an application made to the authority, or

iii

(in the case of permission in principle) by a development order, under section 59A(1)(a) of the 1990 Act, in relation to land allocated for development in a document made, maintained or adopted by the authority;

F22c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

A grant of development permission in relation to a particular plot of land may not be taken into account in relation to more than one base period in determining whether the duty in this section is discharged.

8

No account is to be taken for the purposes of this section of development permission granted before the start of the first base period.

9

Regulations under subsection (3)—

a

may make different provision for different authorities or descriptions of authority;

b

may make different provision for different proportions of the demand for self-build and custom housebuilding F23in respect of a particular base period.

2BF6Exemption from duty in section 2A

1

If an authority applies for exemption to the Secretary of State in accordance with regulations, the Secretary of State may direct that the authority is not subject to the duty in section 2A.

2

The regulations may specify the cases or circumstances in which an authority may apply for exemption.

3

Regulations may make further provision about applications under subsection (1), and may in particular—

a

require an application to be supported by specified information and by any further information that the Secretary of State requires the authority to provide;

b

require an authority that is granted exemption to notify persons on the register kept under section 1.

I33Guidance

1

A relevant authority must have regard to any guidance issued by the Secretary of State when exercising any function conferred or imposed by or under section 1 or the Schedule.

2

An authority mentioned in section 2(2) must have regard to any guidance issued by the Secretary of State when exercising the duty imposed by section 2, including guidance about identifying functions affected by the duty.

F123

An authority that is subject to the duty in section 2A must have regard to any guidance issued by the Secretary of State in relation to that duty.

I44Regulations

1

A statutory instrument containing regulations under—

a

section 1,

b

section 2, F1...

F2ba

section 2A(3),

bb

section 5(2), or

c

paragraph 6 of the Schedule,

(whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

2

A statutory instrument containing regulations under—

F24zza

section 2A(5A),

F4za

section 2B,

a

F3section 5(1), or

b

the Schedule apart from paragraph 6,

is subject to annulment in pursuance of a resolution of either House of Parliament.

3

Regulations under this Act, apart from regulations under section 6, may include incidental, supplementary, consequential, transitional, transitory or saving provision.

I55Interpretation

F151

In this Act—

  • “house” includes a dwelling that forms part of a building;

  • “relevant authority” has the meaning given by section 1;

  • “regulations” means regulations made by the Secretary of State by statutory instrument;

  • F13“self-build and custom housebuilding” has the meaning given by section 1;

  • F14“serviced plot of land” means a plot of land that—

    1. (a)

      has access to a public highway and has connections for electricity, water and waste water, or

    2. (b)

      can be provided with those things in specified circumstances or within a specified period;

  • “specified” means specified by regulations.

F162

Regulations may amend the definition of “serviced plot of land” by adding further services to those mentioned in paragraph (a).

6Extent, commencement and short title

1

This Act extends to England and Wales.

2

This section comes into force on the day this Act is passed.

3

The other provisions of this Act come into force on such day or days as regulations may appoint; and different days may be appointed for different purposes.

4

This Act may be cited as the Self-build and Custom Housebuilding Act 2015.