Amendment to Part 1 – introductory3

1

In regulation 2(1) (interpretation)—

a

for the definition of “clawback period” substitute—

  • “clawback period” means—

    1. a

      in relation to the exemption for residential annexes, the period of three years beginning with the date of the compliance certificate relating to the residential annex,

    2. b

      in relation to the exemption for self-build housing, the period of three years beginning with the date of the compliance certificate relating to the relevant dwelling, and

    3. c

      for all other purposes, the period of seven years beginning with the day on which a chargeable development is commenced;

b

after the definition of “commencement notice” insert—

  • “compliance certificate” means a certificate given under either—

    1. a

      regulation 17 (completion certificates) of the Building Regulations 20103; or

    2. b

      section 51 (final certificates) of the Building Act 19844

c

in the definition of “disqualifying event” before “48” insert “42C,” and after “53” insert “, 54D”;

d

after the definition of “disqualifying event” insert—

  • “draft infrastructure list” has the meaning given in regulation 11;

e

after the definition of “electronic communication” insert—

  • “exemption for residential annexes” has the meaning given in regulation 42A(4)(a);

  • “exemption for residential extensions” has the meaning given in regulation 42A(4)(b);

  • “exemption for self-build housing” means an exemption under regulation 54A;

f

after the definition of “infrastructure” insert—

  • “infrastructure list” means a list published by a charging authority for the purposes of paragraph (a) of the definition of “relevant infrastructure” in regulation 123(4);

  • “infrastructure payment” has the meaning given in regulation 73A;

g

after the definition of “owner” insert—

  • “phased planning permission” means a planning permission which expressly provides for development to be carried out in phases;

h

after the definition of “qualifying amount” insert—

  • “qualifying communal development” must be construed in accordance with regulation 49C;

i

in the definition of “qualifying dwelling” after “regulations 49” insert “, 49A”;

j

in paragraph (c) of the definition of “relevant land” omit “outline” and after “granted which” insert “expressly”;

k

in the definition of “relief” after “means” insert “an exemption for residential annexes or extensions, an exemption for self-build housing,”;

l

after the definition of “retail prices index” insert—

  • “self-build housing” and “self-build communal development” must be construed in accordance with regulation 54A;

m

in the definition of “social housing relief” after “regulation 49” insert “or 49A”.

2

Omit regulation 2(3).