Citation and commencement

1.  These Regulations may be cited as the Self-build and Custom Housebuilding (Register) Regulations 2016 and come into force on 1st April 2016.

Interpretation

2.  In these Regulations—

“the Act” means the Self-build and Custom Housebuilding Act 2015;

“association” means an association of individuals and includes a body corporate that exercises functions on behalf of an association of individuals;

“lead contact” means a member or officer of an association who acts on the behalf of the association for the purposes of correspondence with a relevant authority; and

“register” means the register of individuals and associations who are seeking to acquire serviced plots of land in the area of a relevant authority(2) that the authority is required to keep under section 1(1) of the Act.

Requirements of a serviced plot of land

3.  For the purposes of section 5 of the Act the specified requirements for a serviced plot of land are that the plot has—

(a)access to a public highway; and

(b)connections for electricity, water and waste water.

Eligibility for entry in the register

4.—(1) An individual is eligible for entry in the register if that individual is—

(a)aged 18 or over;

(b)a British citizen, a national of an EEA State other than the United Kingdom, or a national of Switzerland; and

(c)seeking (either alone or with others) to acquire a serviced plot of land in the relevant authority’s area to build a house to occupy as that individual’s sole or main residence.

(2) An association is eligible for entry in the register if each member of the association meets all of the eligibility requirements for an individual set out in paragraph (1).

Application for entry in the register

5.—(1) An application for entry in the register must be made in writing and include—

(a)if the applicant is an individual—

(i)the name and address, date of birth and nationality of the individual; and

(ii)confirmation that the individual is seeking (either alone or with others) to acquire a serviced plot of land in the relevant authority’s area to build a house to occupy as that individual’s sole or main residence;

(b)if the applicant is an association—

(i)the name and address of the association;

(ii)the name and address, date of birth and nationality of each member of the association;

(iii)the name and address (if different from the address of the association) of the lead contact;

(iv)confirmation that each member of the association is seeking (either alone or with others) to acquire a serviced plot of land in the relevant authority’s area to build a house to occupy as that individual’s sole or main residence; and

(v)the number of serviced plots of land in the relevant authority’s area the members of the association are seeking to acquire.

(2) An individual or association entered on the register may apply to amend that entry and these Regulations apply to such an application as they do to an application for entry in the register with references to an entry in the register being read as references to the amendment of that entry.

Determination of applications

6.—(1) A relevant authority must determine an application for entry in the register within 28 days of the date that the application was received.

(2) Where a relevant authority determines that an applicant is eligible for entry in the register, that authority must make an entry in the register and notify the applicant.

(3) Where a relevant authority determines that an applicant is not eligible for entry in the register, that authority must notify the applicant and give reasons.

(4) Notification under paragraphs (2) or (3) must be in writing and sent within 28 days of the date of the determination to—

(a)in the case of an individual, the individual;

(b)in the case of an association, the lead contact or such other person as the authority considers to be acting on behalf of the association.

Content of the register

7.  The register must contain, in respect of each entry—

(a)in the case of an individual, the name and address of the individual;

(b)in the case of an association—

(i)the name and address of the association;

(ii)the name and address (if different from that of the association) of the lead contact;

(iii)the number of serviced plots of land in the relevant authority’s area the members of the association are seeking to acquire; and

(c)in all cases, the date on which the entry in the register was made.

Removal of entry from the register

8.—(1) A relevant authority must remove an entry from the register within 28 days of receiving—

(a)in the case of an individual, a written request from the individual to be removed from the register;

(b)in the case of an association, a written request for the association to be removed from the register from the lead contact or such other person as the authority considers to be acting on behalf of the association.

(2) A relevant authority may remove an entry from the register if the authority considers that the individual (or in the case of an association, any member of the association) is no longer eligible for entry in the register.

(3) Where an authority decides to remove an entry from the register under paragraph (2) the authority must notify the subject of the entry and give reasons for the decision.

(4) Notification under paragraph (3) must be in writing and sent within 28 days of the date of the decision to—

(a)in the case of an individual, the individual;

(b)in the case of an association, the lead contact or such other person as the authority considers to be acting on behalf of the association.

EXPLANATORY NOTE

(This note is not part of the Regulations)

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. These Regulations are made under section 5 of, and the Schedule to, the Act and make provision in relation to the definition of a serviced plot of land and registers kept under the Act.

Regulation 3 specifies requirements about utilities and access to the public highway that a plot of land must meet to be a serviced plot of land for the purposes of the Act.

Regulation 4 provides eligibility criteria for entry in an authority’s register. Regulation 5 sets out what information must be provided in an application for entry in the register and applies the regulations to applications for amendment of an entry. Regulation 6 provides for the determination of applications and notifying applicants of that determination. Regulation 7 makes provision for the content of registers. Regulation 8 makes provision for the removal of entries from the register, either at the request of the registered individual or association or if an authority considers that a registered individual or association is no longer eligible.

An Impact Assessment has not been prepared for this instrument as it has no impact on business, charities or the voluntary sector.