In this overview of self-build planning, Chartered Town Planner Richard Pigott looks at the importance of self-build housing to national planning policy, the benefits of the self-build register and the exemption of self-build applications from Biodiversity Net Gain (BNG) conditions.
Self-build and custom-build housing a category of housing which is strongly encouraged in national planning policy. Within the National Planning Policy Framework (NPPF), paragraph 73 refers to the important contribution that small and medium sized sites can make to meeting the housing requirement of an area. As a reflection of this, the Self-Build and Custom Housebuilding Act (2015) requires local authorities to maintain a register of individuals and groups interested in acquiring serviced plots for self-build and custom housebuilding. Whilst being on the register isn’t a prerequisite for self-building, it provides evidence of demand and can influence local planning decisions. It also means that, if you are looking for a site, there is potential to find one through the register.
Key points about the self-build register
- Evidence of Demand – The register helps councils understand the demand for self-build and custom-build homes in their area, which can inform local plan reviews and planning decisions.
- No Obligation – Being on the register doesn’t guarantee that the council will find you a suitable plot.
- Informing Planning Decisions – Local authorities are encouraged to use the register data to guide their planning decisions, including allocating land for self-build projects and developing policies to make plots available.
- Registration – To register, individuals must typically be over 18. Registration on the register is typically free of charge and is through your Local Planning Authority Website.
- Public Access – The register should be publicly available, allowing self-builders to see the demand in their area and understand potential opportunities, according to GOV.UK.
Biodiversity Net Gain (BNG) exemption
Self-build and custom build housing applications have recently been in the spotlight as they are granted an exemption from the legal requirement to demonstrate 10% Biodiversity Net Gain (BNG) on a site. BNG can have a significant impact on a site’s viability as it can mean that substantial parts of a site are undevelopable or that large offsite payments have to be made for offsetting purposes. We have therefore seen a significant increase in the number of applications submitted since April 2024 as self-build or custom build projects.
This exemption applies to certain small-scale self-build or custom housebuilding developments which are no larger than 0.5 hectares, involve nine or fewer dwellings, and where individuals have primary input into the design and will occupy the house as their home.
Applicants claiming the exemption need to provide evidence that the development will be genuinely Self-build or custom build and there are examples of appeal decisions where this has been a central issue. Some inspectors have decided that this cannot be secured by way of a planning condition and that a more robust mechanism such as a planning obligation or legal agreement is necessary. However, other Inspectors have been satisfied that it can be secured by way of a planning condition and an example condition I have seen in a recent appeal decision1 is shown below:
“Within 6 months of the completion of each of the dwellings hereby permitted documents shall be submitted to and approved in writing by the Local Planning Authority confirming that the dwelling meets the statutory definition of self-build. The documentation must include:
- A compliance certificate for the development issued under either regulation 17 (completion certificates) of the Building Regulations 2010 or section 51 of the Building Act 1984 (final certificates);
- Title deeds of the properties to which this exemption relates (freehold or leasehold);
- A copy of a utility bill or bank statement showing the applicants name and address of the property; and
- A Copy of one of the 3 following documents:
- An approved claim from HM Revenue and Customs under ‘VAT431NB: VAT refunds for DIY housebuilders’;
- Proof of a specialist Self Build or Custom Build Warranty for the dwelling; or
- Proof of an approved Self Build or Custom Build Mortgage from a bank or building society for the dwelling.”
In my view, there is no reason why the above condition is not robust and enforceable and there I would expect local planning authorities and Inspectors to adopt a similar approach in the future to self-build or custom build applications, due in particular to the BNG exemption this brings. With the added relevance of Biodiversity Net Gain exemptions, registering with the Council as a ‘self-builder’ can help your application further down the line. As the interest in self-build continues to grow, staying informed and engaged with your local self-build register is a practical first step for anyone considering building their own home.
For more information on self-build planning and the ways in which we can assist you with a successful application, please contact us on 01332 347371 ior email enquries@planningdesign.co.uk
Richard Pigott, Director – Chartered Town Planner, Planning & Design Practice Ltd
Self-build planning and BNG exemption – Footnote
1 Appeal Decision APP/P4605/W/24/3355180 – Erection of 2 detached self-build dwellings at The Orchard, Land rear of 318-326 Brook Lane, Billesley, Birmingham B13 0TH
