Understanding the Self Build and Custom Housebuilding Act 2015 and Its Amendments

Introduction

Self-Build and Custom Housebuilding Act 2015

The Self Build and Custom Housebuilding Act 2015 (referred to as the Act hereafter) is a key piece of legislation in the United Kingdom that aims to encourage more individuals and groups to build their own homes. This Act, along with its subsequent amendments, has significant implications for local authorities, landowners, and aspiring self-builders. In this article, we will provide an overview of the Act, its key provisions, and the amendments made since its inception.

Background

The Act was introduced in response to the growing demand for housing in the UK and the increasing interest in self-build homes as an alternative to traditional housing development. Self-build and custom housebuilding offer more choice, affordability, and control over the design and construction of one's home. The Act seeks to facilitate this process by placing specific duties on local authorities to maintain registers and provide sufficient serviced plots to meet the demand for self-build and custom housebuilding in their area.

Key Provisions of the Act

1. Register of Interest:

   One of the central provisions of the Act is the requirement for local authorities in England to maintain a register of individuals and groups interested in acquiring land for self-build and custom housebuilding projects. This register allows local authorities to gauge the demand for self-build and custom housebuilding in their areas and take appropriate steps to meet this demand.

2. Duty to Grant Planning Permission:

   The Act imposes a duty on local authorities to grant sufficient development permissions on serviced plots of land to meet the demand for self-build and custom housebuilding, as evidenced by the registers. The authorities must do this within a specified period, which is set to three years from the base period of the register.

3. Annual Reporting:

   Local authorities are required to submit an annual report to the Secretary of State detailing the number of entries on the register and the extent to which they have granted planning permission on serviced plots to meet the demand.

Amendments to the Act

Since its introduction, the Act has undergone a few amendments to improve its effectiveness and widen its scope. Some notable amendments include:

1. The Housing and Planning Act 2016:

   This amendment allows local authorities to introduce a local connection test and a financial solvency test for individuals and groups applying to join the register. These tests help ensure that those on the register have a genuine intention to undertake a self-build or custom housebuilding project in the local area.

2. The Self-build and Custom Housebuilding Regulations 2016:

   This amendment provides further clarification on the definition of serviced plots and the details to be included in the annual report submitted by local authorities to the Secretary of State.

3. The Neighbourhood Planning Act 2017:

   This amendment refines the definition of self-build and custom housebuilding to include the building or completion of a dwelling by an individual or group, with a focus on the dwelling being their primary residence. It also clarifies that the duty to grant planning permission extends to development orders.

Conclusion

The Self Build and Custom Housebuilding Act 2015, along with its amendments, plays a crucial role in promoting and facilitating self-build and custom housebuilding in the UK. By placing specific duties on local authorities, the Act ensures that adequate land and planning permission are available to meet the demand for these types of housing projects. This not only helps address the housing crisis but also empowers individuals and groups to take control of their housing needs and contribute to the creation of more diverse, sustainable, and affordable communities.