The Housing and Planning Bill builds on the Self-Build and Custom Housebuilding Act 2015 and introduces a duty on local authorities to provide planning consent on sufficient plots to meet demand for self- and custom housebuilding, although this duty might not be as robust as some would hope.
Tucked near the front of the Bill, just after the section on Starter Homes, are four clauses dealing with self-build and custom housebuilding.
The Bill requires LPAs to ensure “sufficient” serviced plots with planning consent are available to meet demand in their area each year, such demand being evidenced by new entries to the register of qualifying people wanting self-build plots – this is the register provided for under the Self-Build and Custom Housebuilding Act 2015 (when the relevant provisions come into force).
The planning consent that satisfies the duty could be a permission in principle, or a planning permission in the usual sense. Serviced plots are defined as having a connection to a public highway, electricity, water and waste water, or where such connections could be provided in a specified period or in specified circumstances.
The terms “self-build and custom housebuilding” are defined with a view to excluding commercial housebuilders.
The Bill does not mention whether such properties would be subject to s106 or CIL obligations in the usual way. The CIL Regulations currently provide for an exemption from CIL for self-build housing, but this is not automatically applicable and those wishing to benefit must apply (and await a decision) before commencing their build.
An LPA can apply to the Secretary of State for an exemption from the need to provide self-build plots – we will need to wait until we have Regulations on this point to see what circumstances might lead to being successful on an application of this nature.
Tucked near the front of the Bill, just after the section on Starter Homes, are four clauses dealing with self-build and custom housebuilding.
The Bill requires LPAs to ensure “sufficient” serviced plots with planning consent are available to meet demand in their area each year, such demand being evidenced by new entries to the register of qualifying people wanting self-build plots – this is the register provided for under the Self-Build and Custom Housebuilding Act 2015 (when the relevant provisions come into force).
The planning consent that satisfies the duty could be a permission in principle, or a planning permission in the usual sense. Serviced plots are defined as having a connection to a public highway, electricity, water and waste water, or where such connections could be provided in a specified period or in specified circumstances.
The terms “self-build and custom housebuilding” are defined with a view to excluding commercial housebuilders.
The Bill does not mention whether such properties would be subject to s106 or CIL obligations in the usual way. The CIL Regulations currently provide for an exemption from CIL for self-build housing, but this is not automatically applicable and those wishing to benefit must apply (and await a decision) before commencing their build.
An LPA can apply to the Secretary of State for an exemption from the need to provide self-build plots – we will need to wait until we have Regulations on this point to see what circumstances might lead to being successful on an application of this nature.