Décision No 1237 du Conseil permanent
Each relevant authority must keep a register of— who are seeking to acquire serviced plots of land in the authority's area for their own self-build and custom housebuilding.
individuals, and
associations of individuals ... ,
In this Act “self-build and custom housebuilding” means the building or completion by— of houses to be occupied as homes by those individuals.
individuals,
associations of individuals, or
persons working with or for individuals or associations of individuals,
Each relevant authority must publicise its register under this section.
But it does not include the building of a house on a plot acquired from a person who builds the house wholly or mainly to plans or specifications decided or offered by that person.
Relevant authorities are—
district councils;
county councils in England so far as they are councils for an area for which there are no district councils;
London borough councils;
the Common Council of the City of London;
the Council of the Isles of Scilly.
The Broads Authority is the relevant authority for the whole of its area, to the exclusion of any authority mentioned in subsection (3).
A National Park authority in England is the relevant authority for the whole of its area, to the exclusion of any authority mentioned in subsection (3).
Regulations may—
provide for specified public authorities, or specified descriptions of public authorities, to be relevant authorities for specified areas in England, and
provide for such an authority to be the relevant authority for its area to the exclusion of any other authority.
For the purposes of this section the area of the Common Council includes the Inner Temple and the Middle Temple.
The Schedule makes provision in relation to registers under this section.
In this section—
Each of the authorities mentioned in subsection (2) must have regard to each register under section 1 that relates to its area when carrying out the functions mentioned in subsection (4).
The authorities referred to in subsection (1) are—
county councils in England;
district councils;
London borough councils;
the Common Council of the City of London (in its capacity as a local authority);
the Sub-Treasurer of the Inner Temple (in that person's capacity as a local authority);
the Under-Treasurer of the Middle Temple (in that person's capacity as a local authority);
the Council of the Isles of Scilly;
the Broads Authority;
National Park authorities in England;
such other public authorities, or descriptions of public authority, as may be specified.
Regulations under subsection (2)(j) that specify public authorities, or descriptions of public authority, are to specify the areas in England that are those authorities' areas for the purposes of this section.
The functions referred to in subsection (1) are functions relating to—
planning;
housing;
the disposal of any land of the authority;
regeneration.
This section applies to an authority that is both a relevant authority and a local planning authority within the meaning of the Town and Country Planning Act 1990 (“the 1990 Act”).
An authority to which this section applies must give ... development permission for the carrying out of self-build and custom housebuilding on enough serviced plots of land to meet the demand for self-build and custom housebuilding in the authority's area in respect of each base period.
Regulations must specify the time allowed for compliance with the duty under subsection (2) in relation to any base period.
The first base period, in relation to an authority, is the period— Each subsequent base period is the period of 12 months beginning immediately after the end of the previous base period.
beginning with the day on which the register under section 1 kept by the authority is established, and
ending with 30 October 2016.
In this section “development permission” means planning permission or permission in principle (within the meaning of the 1990 Act).
Regulations may make provision specifying descriptions of planning permissions or permissions in principle that are, or are not, to be treated as development permission for the carrying out of self-build and custom housebuilding for the purposes of this section.
For the purposes of this section—
the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of—
the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and
any demand for self-build and custom housebuilding that arose in the authority’s area in an earlier base period and in relation to which—
the time allowed for complying with the duty in subsection (2) expired during the base period in question, and
the duty in subsection (2) has not been met;
the demand for self-build and custom housebuilding arising in an authority’s area in a base period is evidenced by the number of entries added during that period to the register under section 1 kept by the authority;
an authority gives development permission if such permission is granted—
by the authority,
by the Secretary of State or the Mayor of London , the Mayor of London or the mayor of a mayoral combined authority or mayoral combined county authority on an application made to the authority, or
(in the case of permission in principle) by a development order, under section 59A(1)(a) of the 1990 Act, in relation to land allocated for development in a document made, maintained or adopted by the authority;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A grant of development permission in relation to a particular plot of land may not be taken into account in relation to more than one base period in determining whether the duty in this section is discharged.
No account is to be taken for the purposes of this section of development permission granted before the start of the first base period.
Regulations under subsection (3)—
may make different provision for different authorities or descriptions of authority;
may make different provision for different proportions of the demand for self-build and custom housebuilding in respect of a particular base period.
In this section—
“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;
“mayoral combined authority” means a combined authority for an area for which provision is made in an order under section 107A of the Local Democracy, Economic Development and Construction Act 2009 for there to be a mayor;
A relevant authority must have regard to any guidance issued by the Secretary of State when exercising any function conferred or imposed by or under section 1 or the Schedule.
An authority mentioned in section 2(2) must have regard to any guidance issued by the Secretary of State when exercising the duty imposed by section 2, including guidance about identifying functions affected by the duty.
An authority that is subject to the duty in section 2A must have regard to any guidance issued by the Secretary of State in relation to that duty.
If an authority applies for exemption to the Secretary of State in accordance with regulations, the Secretary of State may direct that the authority is not subject to the duty in section 2A.
The regulations may specify the cases or circumstances in which an authority may apply for exemption.
Regulations may make further provision about applications under subsection (1), and may in particular—
require an application to be supported by specified information and by any further information that the Secretary of State requires the authority to provide;
require an authority that is granted exemption to notify persons on the register kept under section 1.
A statutory instrument containing regulations under— (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
section 1,
section 2, ...
section 2A(3),
paragraph 6 of the Schedule,
section 5(2), or
A statutory instrument containing regulations under— is subject to annulment in pursuance of a resolution of either House of Parliament.
section 5(1), or
section 2A(5A),
the Schedule apart from paragraph 6,
section 2B,
Regulations under this Act, apart from regulations under section 6, may include incidental, supplementary, consequential, transitional, transitory or saving provision.
“serviced plot of land” means a plot of land that—
can be provided with those things in specified circumstances or within a specified period;
In this Act—
Section 1
Regulations may make provision in relation to registers under section 1.
The regulations may make provision about a right to a review of a decision— on the ground that the person is not eligible, or is no longer eligible, to be entered on the register. The regulations may—
“completion” does not include anything that falls outside the definition of “building operations” in section 55(1A) of the Town and Country Planning Act 1990;
The regulations may include provision about— Provision under sub-paragraph (1)(d) may include provision for a relevant authority to remove an entry— Provision under sub-paragraph (1)(e) may— The regulations may include provision about reviewing a register. Subject to any provision made by the regulations, a relevant authority may determine the form of a register under section 1 and the contents of any entry.
The regulations may provide for the payment of fees to relevant authorities in connection with their functions under sections 1 and 2A and this Schedule. The regulations may— The regulations may specify circumstances in which no fee is to be paid.
“relevant authority” has the meaning given by section 1;
The regulations may make provision about a person's eligibility to be entered on a register. The regulations may include provision relating to— Regulations relating to the matters set out in sub-paragraph (2) may provide for eligibility to be determined by reference to criteria set by a relevant authority. The regulations may include provision relating to— The regulations may provide—
“regulations” means regulations made by the Secretary of State by statutory instrument;
The regulations may make provision about— The regulations may require an applicant to supply information, including information about—
Regulations may amend the definition of “serviced plot of land” by adding further services to those mentioned in paragraph (a).
“specified” means specified by regulations.
“self-build and custom housebuilding” has the meaning given by section 1;
“specified” means specified by regulations.
This Act extends to England and Wales.
This section comes into force on the day this Act is passed.
The other provisions of this Act come into force on such day or days as regulations may appoint; and different days may be appointed for different purposes.
This Act may be cited as the Self-build and Custom Housebuilding Act 2015.