New Legislation – relating to self-build and custom housebuilding (31/10/2016) …

The following 2 new Statutory Instruments (SIs) came into force on 31/10/2016:

New Legislation:

  • October 2016: SI 2016 No. 950 - The Self-build and Custom Housebuilding Regulations 2016 (pdf) (link).
  • October 2016: SI 2016 No. 1027 - The Self-build and Custom Housebuilding (Time for Compliance and Fees) Regulations 2016 (pdf) (link).

Notes:

  • The above SIs 2016 No. 950 and 2016 No. 1027 are not summarised on the Planning Jungle website.
  • Note: The above SI 2016 No. 950 revokes "The Self-build and Custom Housebuilding (Register) Regulations 2016" - i.e. SI 2016 No. 105 (link).
  • The "Explanatory Note" at the end of the above SI 2016 No. 950 states the following:
    - "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.".
  • The "Explanatory Note" at the end of the above SI 2016 No. 1027 states the following:
    - "Section 2A of the Act imposes a duty on relevant authorities to grant sufficient development permissions in respect of serviced plots of land to meet the demand as evidenced by the number of entries on the register in a base period. Regulation 2 of these Regulations specifies three years as the period within which the required number of development permissions relating to a base period must be granted to satisfy the duty.".
    - "Paragraph 6 of the Schedule to the Act allows regulations to enable relevant authorities to charge fees in connection with their functions in connection with maintaining the register and complying with the duty in section 2A. Regulation 3 of these Regulations allows authorities to charge fees to recover their reasonable costs of entering a person on the register, permitting a person to remain on the register, and complying with the duty in section 2A. In cases where the duty in section 2A does not apply to a person the costs that can be taken into account in setting the fee are limited to the costs of entering that person on the register.".

Other Sources of Information:

  • October 2016: Explanatory Memorandum to SI 2016 No. 950 (link).
  • October 2016: Explanatory Memorandum to SI 2016 No. 1027 (link).

Updates to the Planning Jungle website: