Self-build and Custom Housebuilding Bill (HC Bill 16)

A

BILL

TO

Place a duty on local authorities to keep a register of individuals and
community groups who have expressed an interest in acquiring land to bring
forward self-build and custom-build projects and to take account of and make
provision for the interests of those on such registers in developing their
housing initiatives and their local plans; to allow volume house builders to
include self-build and custom-build projects as contributing towards their
affordable housing obligations, when in partnership for this purpose with a
Registered Social Landlord; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Registers of persons seeking to acquire land to build a home

(1) Each relevant authority must keep a register of

(a) individuals, and

(b) associations of individuals (including bodies corporate that exercise functions
5on behalf of associations of individuals),

who are seeking to acquire serviced plots of land in the authority’s area in order to build
houses for those individuals to occupy as homes.

(2) Each relevant authority must publicise its register under this section.

(3) Relevant authorities are—

(a) 10district councils;

(b) county councils in England so far as they are councils for an area for
which there are no district councils;

(c) London borough councils;

(d) the Common Council of the City of London;

(e) 15the Council of the Isles of Scilly.

(4) The Broads Authority is the relevant authority for the whole of its area, to the
exclusion of any authority mentioned in subsection (3).

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(5) 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).

(6) Regulations may—

(a) provide for specified public authorities, or specified descriptions of
5public authorities, to be relevant authorities for specified areas in
England, and

(b) provide for such an authority to be the relevant authority for its area to
the exclusion of any other authority.

(7) For the purposes of this section the area of the Common Council includes the
10Inner Temple and the Middle Temple.

(8) The Schedule makes provision in relation to registers under this section.

2 Duty as regards registers

(1) 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
15mentioned in subsection (4).

(2) The authorities referred to in subsection (1) are—

(a) county councils in England;

(b) district councils;

(c) London borough councils;

(d) 20the Common Council of the City of London (in its capacity as a local
authority);

(e) the Sub-Treasurer of the Inner Temple (in that person’s capacity as a
local authority);

(f) the Under-Treasurer of the Middle Temple (in that person’s capacity as
25a local authority);

(g) the Council of the Isles of Scilly;

(h) the Broads Authority;

(i) National Park authorities in England;

(j) such other public authorities, or descriptions of public authority, as
30may be specified.

(3) 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.

(4) The functions referred to in subsection (1) are functions relating to—

(a) 35planning;

(b) housing;

(c) the disposal of any land of the authority;

(d) regeneration.

3 Guidance

(1) 40A 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.

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(2) 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.

4 Regulations

(1) 5A statutory instrument containing regulations under—

(a) section 1,

(b) section 2, or

(c) paragraph 6 of the Schedule,

(whether alone or with other provision) may not be made unless a draft of the
10instrument has been laid before and approved by a resolution of each House of
Parliament.

(2) A statutory instrument containing regulations under—

(a) section 5, or

(b) the Schedule apart from paragraph 6,

15is subject to annulment in pursuance of a resolution of either House of
Parliament.

(3) Regulations under this Act, apart from regulations under section 6, may
include incidental, supplementary, consequential, transitional, transitory or
saving provision.

5 20Interpretation

In this Act—

  • “house” includes a dwelling that forms part of a building;

  • “relevant authority” has the meaning given by section 1;

  • “regulations” means regulations made by the Secretary of State by
    25statutory instrument;

  • “serviced plot of land” means a plot of land which satisfies such
    requirements about utilities and other matters as may be specified;

  • “specified” means specified by regulations.

6 Extent, commencement and short title

(1) 30This Act extends to England and Wales.

(2) This section comes into force on the day this Act is passed.

(3) 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.

(4) 35This Act may be cited as the Self-build and Custom Housebuilding Act 2014.

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Section 1

Schedule Registers under section 1

Introductory

1 Regulations may make provision in relation to registers under section 1.

5The registers

2 (1) The regulations may include provision about—

(a) the form in which a register is to be kept;

(b) the content of an entry in a register (including matters not to be
included in an entry);

(c) 10amending an entry;

(d) removing an entry;

(e) the periodic renewal of an entry.

(2) Provision under sub-paragraph (1)(d) may include provision for a relevant
authority to remove an entry—

(a) 15at the request of the person registered;

(b) where the person has acquired land suitable for building a house;

(c) where the person has ceased to be eligible to be entered on its
register.

(3) Provision under sub-paragraph (1)(e) may—

(a) 20specify when an entry falls to be renewed;

(b) provide for a relevant authority to determine when an entry in its
register falls to be renewed.

(4) The regulations may include provision about reviewing a register.

(5) Subject to any provision made by the regulations, a relevant authority may
25determine the form of a register under section 1 and the contents of any
entry.

Eligibility

3 (1) The regulations may make provision about a person’s eligibility to be
entered on a register.

(2) 30The regulations may include provision relating to—

(a) the circumstances of an individual, including provision about age,
nationality and connections to an area;

(b) the type of house intended to be built;

(c) an individual’s ability to fund the acquisition of the land and the
35building of the house;

(d) an individual’s intentions as regards occupation of the house.

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(3) The regulations may include provision relating to—

(a) the constitution of an association of individuals,

(b) the financial arrangements of an association of individuals, and

(c) the constitution and financial arrangements of a body corporate
5exercising functions on behalf of an association of individuals.

Applications to be registered etc

4 (1) The regulations may make provision about—

(a) applications to be entered on a register, and

(b) applications to renew an entry in a register.

(2) 10The regulations may require an applicant to supply information, including
information about—

(a) the applicant;

(b) the land that the applicant wants, including the applicant’s preferred
size, location and price;

(c) 15when the applicant wants to acquire the land;

(d) if the application is made by an association of individuals, the
individuals (as well as the association);

(e) if the application is made by a body corporate exercising functions
on behalf of an association of individuals, the association and the
20individuals (as well as the body corporate).

Right to review

5 (1) The regulations may make provision about a right to a review of a
decision—

(a) to refuse an application to be entered on a register,

(b) 25to refuse to renew an entry in a register, or

(c) to remove an entry from a register,

on the ground that the person is not eligible, or is no longer eligible, to be
entered on the register.

(2) The regulations may—

(a) 30provide for the time within which a request for a review of a decision
must be made;

(b) require a relevant authority to review its decision if a request is duly
made;

(c) require a relevant authority to notify a person of the reason for the
35decision when notifying the person of its decision;

(d) require a relevant authority to notify the person of—

(i) the right to request a review of the decision, and

(ii) the time within which the request must be made;

(e) exclude a review of a decision on a review.

40Fees

6 (1) The regulations may provide for the payment of fees to relevant authorities in
connection with their functions under section 1 and this Schedule.

(2) The regulations may—

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(a) specify the fees payable, or

(b) make provision about the fixing of fees by relevant authorities, including
provision about determining the amounts of such fees.