RE: BNG and Self Build

Planning Advisory Service (PAS)

Grŵp agored | Wedi dechrau - Gorffenaf 2012 | Gweithgaredd diwethaf - Wythnos yma

Emma Howson, Addaswyd 5 Diwrnod yn ôl.

BNG and Self Build

New Member Post: 1 Dyddiad Ymuno: 04/07/2024 Bostiadau diweddar

I wonder if someone could clarify the following in relation to the self-build BNG exemption:

BNG exemption only states that :An exemption applies to this type of development when it meets all the following conditions:  

consists of no more than 9 dwellings
on a site that has an area no larger than 0.5 hectares   
consists exclusively of dwellings that are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015

however 1(A1) does not include the statement that it does not include the building on a plot acquired by someone else - that is 1(A2). I would have thought that we deal with the Act in its entirety rather than just the clause 1(A1) but if this restricts the definition this would potentially mean we could not require a UU which ties the self-build down to the applicant as we do now.

Does anyone have any thoughts on this?

richard white, Addaswyd 5 Diwrnod yn ôl.

RE: BNG and Self Build

Advocate Postiadau: 218 Dyddiad Ymuno: 26/11/2018 Bostiadau diweddar

I think1A2 is a 'belt and braces' clause simply emphasising the inherent meaning of 1A1 by stating the obvious opposite case

'Building a house for yourself (does not mean buying a house someone else has built)'

Andrew Chalmers, Addaswyd 1 Diwrnod yn ôl.

RE: BNG and Self Build

Advocate Postiadau: 170 Dyddiad Ymuno: 20/10/2011 Bostiadau diweddar

Agree with Richard - the second clause (A2) But it does not include the building of a house on a plot acquired from a person who builds the house wholly or mainly to plans or specifications decided or offered by that person.

This rules out simply purchasing in the normal way a house off-plan built by a developer - clearly where the buyer has no involvement in changes/design/spec etc which is the logic behind custom/self-build.

I note that the Act also requires occupation by the individuals carrying out the build or built for them by a builder. I'm not sure the Act addresses exactly how long this first occupation requirement needs to be...which is a potential loophole.

And of course registers are completely flawed anyway as eligible people can register on as many as they like but may have no financial ability to progress either. So are far from robust measures of demand. And I consider many sign up because they think they will get cheap council land.