New legislation came into effect on the 31st October 2016 which seeks to ensure that Local Planning Authorities grant sufficient planning permissions for self-build plots to meet demand.
The Self-Build Register:
We wrote earlier this year about the launch of a new self-build register, which came into effect on 1st April 2016 and requires Local Planning Authorities to keep a register of self-builders who are seeking to acquire serviced plots of land in order to build their own homes and, in so doing, help self and custom builders identify suitable plots for development.
Measures which have sought to provide greater clarity and to formalise the process were debated as part of the Housing and Planning Bill and the new legislation came into force on the 31st October. The new Statutory Instruments state that:
- council’s must grant planning permissions for enough self-build plots to meet the demand of their register;
- The Regulations specify that Council’s will have 3 years to deliver all housing entered on the register between the 1st April 2016 and the 31st October 2016 – which means delivery by October 2019;
- The target well then roll on an annual basis, for example registered entries between 1st November 2016 and 31st October 2017 are to be delivered by October 2020.
However, the Regulations surrounding this new legislation suggest that councils will be able to charge fees for their function ‘in maintaining the register’ and also meeting the requirements of the Schedule to Act in terms of approving self-build in accordance with need.
It is encouraging to see further initiatives being implemented to support self and custom builders in line with government pledges to increase the capacity and diversity of the homebuilding industry. There is undoubtedly a strong interest in self-build, with currently around 10% of new homes in England registered as self or custom-built. The government is seeking to double this.
A key constraint holding back the growth potential of these types of developments is access to developable plots. These are in short supply and those which come ‘shovel-ready’ command high premiums. Increasing the availability of these plots should help self and custom builders find and develop suitable land.
It is all about need:
However, it is important to note that whilst such legislation is encouraging, it is a soft touch approach with the explanatory notes making clear that:
- Councils have no requirement to match permissioned land to individuals on the register;
- If an authority has a high demand for self-build but has land constraints which means they are unable to meet demand then they can apply to the Secretary of State for an exemption;
- National planning policy requires authorities to objectively identify and then meet the housing needs of their area.
It is therefore important to be proactive about registering your interest to self or custom build with your local authority, because their duty is only to meet need, not to supply a set amount of self-build housing.
For this initiative to really take off, it requires self-builders to actively engage with their local authorities and submit their details to the self-build register.
About us:
The team at Plainview Planning have solid experience in obtaining planning permissions for self and custom build housing. It is certainly an interesting time for this particular type of development and we are keen to continue to support its promotion. Self-Build not only helps individuals to create their ideal home, it also helps to promote high quality design and build, improving the quality of our urban environments. If you need professional planning support with your self-build project, contact the team via enquiries@plainview.co.uk to see how we can best assist.
Information sources:
The Self-build and Custom Housebuilding Regulations 2016 (link)
The Self-build and Custom Housebuilding (Time for Compliance and Fees) Regulations 2016 (link)
The Self-build and Custom Housebuilding Regulations 2016 Explanatory Memorandum (link)
The Self-build and Custom Housebuilding (Time for Compliance and Fees) Regulations 2016 Explanatory Memorandum (link)