The Self-build and Custom Housebuilding Regulations 2016

Exemption from duty in section 2A of the Act E+W

11.—(1) A relevant authority may apply to the Secretary of State under section 2B(1) of the Act(1) for exemption from the duty in section 2A of the Act in the circumstances specified in paragraph (2).

(2) The circumstances are that for any base period the demand for self-build and custom housebuilding (“demand”) is greater than 20% of the land identified by the relevant authority as available for future housing (“land availability”).

(3) For the purposes of this regulation for any base period—

(a) demand is to be taken to be the aggregate number of new entries in Part 1 of the register in that base period and the two preceding base periods; and

(b) land availability is to be taken to be the total number of new houses on land in the area of the relevant authority, assessed by that authority as being likely to be deliverable in that base period, the two preceding base periods, and the two following base periods.

(4) For the purposes of paragraph (3) no account is to be taken of any demand or land availability in any year before the first base period.

(5) An application of the description in paragraph (1) must be made within 6 months of the end of the base period for which the circumstances specified in paragraph (2) apply and must be in writing and accompanied by the following information—

(a) details of demand and land availability for the base period in question and any other relevant base periods;

(b) evidence of demand for other types of housing in the area of the relevant authority;

(c) where no local connection test has been set, details of the number of individuals entered in the register who would be likely to meet a local connection test if one applied;

(d) details of the relevant authority’s policies for self-build and custom housebuilding including how those policies would apply if an exemption were to be granted;

(e) such other information as the relevant authority considers relevant to its application.

(6) Where a relevant authority has been granted an exemption under section 2B of the Act in respect of a base period, no application is required in respect of any subsequent base periods in which the circumstances specified in paragraph (2) continue to apply unless the Secretary of State gives notice in writing to the authority that an application is required in respect of any base period.

(7) A relevant authority that is granted an exemption under section 2B of the Act must notify any person entered on Part 1 of the register kept by that authority for the base period to which the exemption relates.

Commencement Information

I1 Reg. 11 in force at 31.10.2016, see reg. 1

(1)

Section 2B was inserted by the Housing and Planning Act 2016.