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Planning Advisory Service (PAS)
Open group | Started - July 2012 | Last activity - This week

BNG and Self Build

Emma Howson, modified 2 Months ago.

BNG and Self Build

New Member Post: 1 Join Date: 04/07/24 Recent Posts

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, modified 2 Months ago.

RE: BNG and Self Build

Advocate Posts: 219 Join Date: 26/11/18 Recent Posts

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, modified 2 Months ago.

RE: BNG and Self Build

Advocate Posts: 172 Join Date: 20/10/11 Recent Posts

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. 

 

Steve Oram, modified 1 Month ago.

RE: BNG and Self Build

New Member Posts: 2 Join Date: 01/11/19 Recent Posts

Hello,

I've been lurking around for some time but this is my first post here! 

This subject interests me as I have seen a couple of examples of multiple adjacent plots being sold off as "self-build plots" with outline planning. Do these require BNG or is this another way to get out of it?

Thanks,

Steve

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Tim Burkinshaw, modified 1 Month ago.

RE: BNG and Self Build

New Member Posts: 4 Join Date: 21/10/16 Recent Posts

Hi Steve, 

small-scale self build are exempt. They might be genuine but call me cynical, but anecdotally there seems to have been a rise in self build applns. Coincidence?

Steve Oram, modified 1 Month ago.

RE: BNG and Self Build

New Member Posts: 2 Join Date: 01/11/19 Recent Posts

No such thing as a coincidence when loopholes are concerned!

However, I'm questioning the point at which exemption from BNG is applied - if outline permission for >9 dwellings is granted, then the plots are sold on to individuals, should a BNG calc be done for the OPP, the individual plot developers, or neither? I understand that OPP doesn't invoke the environmental stuff.

Thanks,

Steve