Amendment to Part 1 – introductory

3.—(1) In regulation 2(1) (interpretation)—

(a) for the definition of “clawback period” substitute—

““clawback period” means—

(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,

(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

(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—

(a)

regulation 17 (completion certificates) of the Building Regulations 2010(1); or

(b)

section 51 (final certificates) of the Building Act 1984(2)”;

(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;”; and

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

(2) Omit regulation 2(3).

(1)

S.I. 2010/2214. Regulation 17 was amended in relation to England and certain purposes in relation to Wales, and regulation 17A was inserted, by S.I. 2012/3119. Regulation 17 was amended in relation to Wales, and regulation 17A was inserted, by S.I. 2013/747.

(2)

1984 c. 55. Section 55 was amended by S.I. 1996/1905.