Self-build and Custom Housebuilding Act 2015

Section 1

SCHEDULE E+W Registers under section 1

Introductory E+W

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

Commencement Information

I1 Sch. para. 1 in force at 1.4.2016 by S.I. 2016/113, reg. 2

The registers E+W

2 (1) The regulations may include provision about— E+W

(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) amending 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) at 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) specify 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 determine the form of a register under section 1 and the contents of any entry.

Commencement Information

I2 Sch. para. 2 in force at 1.4.2016 by S.I. 2016/113, reg. 2

Eligibility E+W

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

(2) The 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 building of the house;

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

[F1 (2A) 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.]

(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 exercising functions on behalf of an association of individuals.

[F2 (4) The regulations may provide—

(a) that persons who fail to meet particular conditions of eligibility, but who meet the other conditions specified, must be entered on a separate part of the register;

(b) that the duty in section 2A does not apply in relation to such persons.]

Textual Amendments

F1 Sch. para. 3(2A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 12(1)(a), 216(3); S.I. 2016/733, reg. 3(a)

F2 Sch. para. 3(4) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 12(1)(b), 216(3); S.I. 2016/733, reg. 3(a)

Commencement Information

I3 Sch. para. 3 in force at 1.4.2016 by S.I. 2016/113, reg. 2

Applications to be registered etc E+W

4 (1) The regulations may make provision about— E+W

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

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

(2) The 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) when 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 individuals (as well as the body corporate).

Commencement Information

I4 Sch. para. 4 in force at 1.4.2016 by S.I. 2016/113, reg. 2

Right to review E+W

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

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

(b) to 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) provide 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 decision 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.

Commencement Information

I5 Sch. para. 5 in force at 1.4.2016 by S.I. 2016/113, reg. 2

Fees E+W

6 (1) The regulations may provide for the payment of fees to relevant authorities in connection with their functions under [F3 sections 1 and 2A] and this Schedule. E+W

(2) The regulations may—

(a) specify the fees payable, or

(b) make provision about the fixing of fees by [F4 the Secretary of State or] relevant authorities, including provision about determining the amounts of such fees.

[F5 (3) The regulations may specify circumstances in which no fee is to be paid.]

Textual Amendments

F3 Words in Sch. para. 6(1) substituted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 12(2)(a), 216(3); S.I. 2016/733, reg. 3(a)

F4 Words in Sch. para. 6(2)(b) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 12(2)(b), 216(3); S.I. 2016/733, reg. 3(a)

F5 Sch. para. 6(3) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), ss. 12(2)(c), 216(3); S.I. 2016/733, reg. 3(a)

Commencement Information

I6 Sch. para. 6 in force at 1.4.2016 by S.I. 2016/113, reg. 2