Levelling-up and Regeneration Act 2023

123 Duty in relation to self-build and custom housebuilding

(1) In section 2A of the Self-build and Custom Housebuilding Act 2015 (duty to grant planning permissions etc)—

(a) in subsection (2)—

(i) omit “suitable”;

(ii) for “in respect of enough serviced plots” substitute “for the carrying out of self-build and custom housebuilding on enough serviced plots”;

(iii) for “arising in” substitute “in respect of”;

(b) after subsection (5) insert—

“(5A) 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.”;

(c) in subsection (6), for paragraph (a) substitute—

“(a) the demand for self-build and custom housebuilding in an authority’s area in respect of a base period is the aggregate of—

(i) the demand for self-build and custom housebuilding arising in the authority’s area in the base period; and

(ii) 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—

(A) the time allowed for complying with the duty in subsection (2) expired during the base period in question, and

(B) the duty in subsection (2) has not been met;

(aa) 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;”;

(d) omit subsection (6)(c);

(e) in subsection (9)(b), for “arising in” substitute “in respect of”.

(2) In section 4 of the Self-build and Custom Housebuilding Act 2015 (regulations), in subsection (2), before paragraph (za) insert—

“(zza) section 2A(5A),”.