Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Self-build and Custom Housebuilding (Time for Compliance and Fees) Regulations 2016 and come into force on 31st October 2016.

(2) In these Regulations—

“the Act” means the Self-build and Custom Housebuilding Act 2015; and

“register” means the register that a relevant authority is required to keep under section 1(1) of the Act (register of persons seeking to acquire land to build a home)( 3 ).

Time for compliance with duty to grant planning permission

2. The time allowed for an authority to which section 2A of the Act (duty to grant planning permission etc ) applies to comply with the duty under subsection (2) of that section in relation to any base period is the period of 3 years beginning immediately after the end of that base period( 4 ).

Fees

3. —(1) A relevant authority may charge a fee to a person—

(a) to be entered on the register for a base period or part of a base period; and

(b) thereafter, on an annual basis, to remain on that register irrespective of whether any fee was charged to be entered on the register.

(2) A relevant authority must determine when a fee is to be payable, and must refund any fee paid by a person whose application to be entered on or to remain on the register is unsuccessful.

(3) The amounts of fees charged by a relevant authority under paragraph (1) are to be determined and must be published by that authority.

(4) Different fees may be charged to different categories of applicant under paragraph (1).

(5) In determining the amounts of fees, a relevant authority must secure that, taking one financial year with another—

(a) the income from fees payable by persons to whom the duty in section 2A does not apply as a consequence of the Self-build and Custom Housebuilding Regulations 2016( 5 ) does not exceed its reasonable costs incurred in connection with its functions under section 1 of, and the Schedule to, the Act; and

(b) the income from fees payable by other persons does not exceed its reasonable costs incurred in connection with its functions under sections 1 and 2A of, and the Schedule to, the Act.

(6) A relevant authority may not charge a fee to remain on the register to any person in relation to whom the duty in section 2A of the Act does not apply either as a consequence of the Self-build and Custom Housebuilding Regulations 2016 or as a consequence of a direction issued under section 2B(1) of the Act( 6 ).