Local development planning guidance

Guidance setting out the Scottish Ministers' expectations for implementing the system of local development plans - so that they deliver new-style, place-based, people-centred and delivery-focussed plans. It brings together requirements from the Act and Regulations and advice in relation to National Planning Framework 4.


Annex D: Self-build lists

Purpose

1. Self-build housing is where an individual (whether acting alone or with other individuals) commissions or is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.

2. Understanding the demand for self-provided housing is important for both plan-making and decision-taking. This list will help a planning authority understand more about the demand for self-build plots across their area, for example finding out where people would like their plot to be and the type of house that they would like to build.

3. Self-build housing is where an individual (whether acting alone or with other individuals) commissions or is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.

4. Understanding the demand for self-provided housing is important for both evidence gathering for plan-making and decision-taking. This list will help a planning authority understand more about the demand for self-build plots across their area, for example finding out where people would like their plot to be and the type of house that they would like to build.

Legislative requirements

5. The duty for planning authorities to prepare and maintain self-build lists is included in the Act, rather than in the Regulations:

Planning authorities are required to prepare and maintain a list of persons who have registered interest with the authority with the intention of acquiring land in the authority's area for self-build housing. - section 16E(1)

Self-build housing is defined as where an individual commissions or (whether acting alone or with other individuals) is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built. - section 16E(3)

A planning authority is also to publish the list in such manner as the authority consider appropriate (as for example by means of the internet). - section 16E(2)

Planning authorities are to have regard to this list in preparing their LDP. - under section 16(2)(ab)

Implementation

Types of self-build

6. Based on the Act's definition, the self-build list could cover the following subtypes of self-build:

  • Self-build housing - where a person builds their own house or appoints their own builder.
  • Custom-build housing - where a person tasks a house builder to tailor a home to their preferences before it is built.
  • Collective self-build - where a group get together to build their homes. This provides the opportunity for friends and people, to work together – sharing costs and building relationships as they build their houses.
  • Co-Housing - an intentional, mutually-supportive community with shared communal space. It involves people coming together to build a neighbourhood that embodies particular values.
  • Self-provided housing - includes self-build housing, custom-build housing and collective build housing.

Collecting list of interest

7. In order fulfil their duty and gather the information necessary to prepare the list of people who have an interest in acquiring land in the authority's area for self-build housing, it is expected that planning authorities may wish to make a form to register available on their website.

8. Suggested text to provide online and an illustrative form, and help text is provided below. Use of the suggested questions in the illustrative form will allow collation of comparable data across planning authorities. It is provided to offer planning authorities a way to meet their new obligation. However, the form is not prescriptive and there is scope for authorities to adapt, add to or remove the illustrative questions should they consider that appropriate for their area.

9. Both any registration form and the self-build list should be easily located on the planning authority's website, and be accessible for non-planning professionals. Registration forms could be prepared using applications such as ArcGIS or Microsoft Forms, which both also provide analysis, headline data and infographic information. Planning authorities may also choose to work with a private sector supplier to help it prepare and maintain the register provided the relevant authority holds and publicises its register in accordance with the legislation.

10. It is recommended that planning authorities hold and regularly update a web page that is dedicated to self-build housebuilding. Planning authorities are encouraged to consider innovative methods of publicising their lists to increase awareness locally. Planning authorities may wish to promote the opportunity to register on the list through their social media channels, local radio, newspapers or hosting events as part of wider LDP engagement, via the Participation Statement for the LDP and through any relevant local groups or forums.

11. Planning authorities may wish to make clear that registering interest does not guarantee that a suitable self-build plot will be identified by the Council, or become available.

12. It is not expected that planning authorities will charge individuals or groups for registering their interest in self-build housing.

Data protection

13. It is expected that planning authorities will make those interested in registering how their personal information will and will not be used, in line with the Data Protection Act 2018.

14. Planning authorities should ensure those registering consent for their data to be managed for the purpose of the self-build list.

15. Planning authorities should inform those interested in registering that the Council will publish parts of their response including their name but without other personal/contact details.

Publishing the list

16. Section 16E(2) of the Town and Country Planning (Scotland) Act 1997 as amended requires planning authorities to publish the list in such manner as the authority consider appropriate (as for example by means of the internet).

17. Planning authorities should hold a name and address for each individual or group entry on the self-build list. However, in line with data protection, these personal details (apart from names) should be removed, before the list is published. Planning authorities should consider the level of information that is contained within the published list, in line with Data Protection / GDPR requirements.

18. Planning authorities are encouraged to publish headline data on the demand for self-build housing revealed by their list. This can support development opportunities for self-build housebuilding by increasing awareness among landowners, builders and developers of the level and nature of demand for self-build in the local area.

19. The types of information planning authorities are suggested to publish (while having regard to data protection obligations) include:

  • a list of persons who have registered interest with the authority with the intention of acquiring land in the authority's area for self-build housing. (Planning authorities will need to make sure they satisfy their data protection requirements and ensure other personal details are not published. The registration form should make those aware that their name will be published.);
  • the total number of individuals and groups/associations on their register;
  • preferred location(s) in a local area;
  • preferred type(s) of housing; and
  • preferred no. of bedrooms.

Maintaining the list

20. The legislation requires planning authorities to 'maintain' the list, authorities may determine how often they wish to update the published list. To ensure information is up-to-date, planning authorities may wish to consider implementing a regular review cycle or time-limited registration covering a length of time of their preference i.e. a list could cover a 1,2 or 3 year timeframe. Once the timeframe has passed, planning authorities may wish to contact those on their list to find out if they are still interested in acquiring land for self-build housing. The list should be updated to reflect current levels of interest.

Responsibilities

21. Self-build lists are to be prepared by planning authorities and must take into account the completed registration forms / registers of interest they have received. Planning authorities are to have regard to the self-build housing list in preparing and monitoring their LDP.

22. The data on the list may also be of interest to Councils' housing teams, in informing LHS and HNDAs.

23. Landowners and developers may wish to refer to the published list to gauge the level of interest in self-build land within particular Council areas, as they may help to deliver land for this type of homes.

Bigger picture

24. NPF4 supports proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, including self-provided homes.

25. The self-build list can help support the delivery of more high quality, affordable and sustainable homes that meet the needs of people throughout their lives. It is expected that the planning authority will use the information gathered in preparing the self-build list to inform and improve the choice of self-build plots in their area, to enable more people to build or commission their own home.

(Suggested web text and form for planning authorities to use online to support collation of self-build lists)

Self-Build List

self-build housing is where an individual (whether acting alone or with other individuals) commissions or is personally involved in the design and construction of a dwelling that is intended to be the individual's main residence once it is built.

You can project manage your build with sub-contractors or use one contractor for a turnkey solution. This does not mean you have to do all the physical work yourself, it's your choice.

The self-build list covers the following types of self-build:

Self-build housing - where a person builds their own house or appoints their own builder.

Custom-build housing - where a person tasks a house builder to tailor a home to their preferences before it is built.

Collective self-build - where a group get together to build their homes

Co-Housing - an intentional, mutually-supportive community with shared communal space

Self-provided housing - Includes self-build housing, custom-build housing and collective build housing.

Quality homes

We want to support the delivery of more high quality, affordable and sustainable homes in the right locations, providing choice across tenures that meet the diverse housing needs of people and communities. Good quality homes should be at the heart of great places and contribute to strengthening the health and wellbeing communities. We want to ensure the provision of land in the right locations to accommodate future need and demand for new homes, supported by the appropriate infrastructure. To help tackle climate change, we will need more energy efficient, net zero emissions homes, supporting a greener, fairer and more inclusive wellbeing economy and community wealth building, tackling both fuel and child poverty.

National Planning Framework (NPF4) sets out:

  • Proposals for new homes that improve affordability and choice by being adaptable to changing and diverse needs, and which address identified gaps in provision, will be supported. This could include: self-provided homes; accessible, adaptable and wheelchair accessible homes; affordable homes; a range of size of homes such as those for larger families; homes for older people including supported accommodation, and homes for other specialist groups.
  • Development proposals for new homes on land not allocated for housing in the LDP will only be supported in limited circumstances.
  • Other policies such as on design, brownfield first and rural homes that should be taken into account in considering sites and designing self-build homes.

How the list will be used

Understanding the demand for self-provided housing is important for both the Council's plan-making and decision-taking. This list of people with a registered interest in acquiring land in the Council's area for self-provided housing, will be monitored alongside broader housing market data and help to inform policies and proposals in the LDP.

By signing up, you will help us find out more about the demand for self-build plots in the Council where people would like their plot to be and the type of house that they would like to build.

We will use the information to explore ways in which it might be possible for people and plots to be brought together. Registration does not however guarantee that a suitable plot will be identified, or become available for you.

To ensure the information is up to date, the list will be updated every (Planning authority to insert length of time here i.e. 1, 2 or 3 years), after which time the Council will contact you to check if you wish to remain on the list. Should you wish your details to be removed at any other point (i.e. you no longer require a self-build plot), please contact the Council to request this.

Publication of the list

Under the Town and Country Planning (Scotland) Act 1997 as amended the Council as the "planning authority are to publish the list in such manner as the authority consider appropriate (as for example by means of the internet".)

In line with data protection, your personal details (apart from your name) will be removed before the list is published or updated online.

Links

Illustrative Online Registration Form with Help Text

The following illustrative form has been prepared as a guide to assist planning authorities to prepare their online registration form. Planning authorities are free to amend this from as they wish to reflect their local circumstances.

Suggested mandatory questions are marked with (*).

Data Protection *

Are you happy to give the Council permission to keep your details on record for the purpose of their self-build list and for your name to be published online? No other personal or contact details will be published.

I/We consent.

All of your responses will be handled in line with the Data Protection Act 2018 and the Council's privacy notice/statement [Council to insert link].

We will not pass your information onto anyone outside the Council without your further written consent.

Who

Personal / Contact Details

Notes / Help Text

Name *

 

Your full name

Organisation *

 

Organisation name

i.e. if a collective or co housing self-build

Address *

 

Your current address

Postcode *

 

Your postcode

Email address *

 

Contact email address

Telephone No*

 

Contact telephone number

Nationality

 

Nationality

Local Connection

Do you have a local connection to [insert name of Council]?

(tick all that apply)

▢ Live in the Council area

 

▢ Have permanent employment within the Council area?

 

▢ Have family members who live in the Council area/.

Immediate family members may consist of: spouse / partner, parents, step parents, adult (aged 18 years and over) children or step children, or siblings and step siblings.

▢ I /we do not have a local connection to the Council area.

If none of the above options apply.

Current Circumstances

What are your current circumstances?

(tick all that apply)

▢ Home owner

▢ Tenant – private landlord

▢ Tenant – Housing Association

▢ On Council/ Housing Association Housing Register

▢ Live with parents/relatives

▢ Other (please specify)

Home owner - you own your own home

Tenant - private landlord - you rent from an individual or company who owns your property

Tenant – Housing Association – you rent from a housing association

Council/Housing Association Housing Register - [add weblink to Council/ Housing Association Housing Register]

How many people live in your current household?

▢ 1

▢ 2

▢ 3

▢ 4

 

▢ 5

▢ 6

▢ 7

▢ 8+

How many dependent children live in your current household?

▢ 0

▢ 1

▢ 2

A dependent child is any person aged 0 to 15 in a household (whether or not in a family) or a person aged 16 to 18 who's in full-time education and living in a family with his or her parent(s) or grandparent(s)

▢ 3

▢ 4

▢ 5+

What age group do you fall within?

▢ 18-24

▢ 35-44

▢ 45-54

 

▢ 55-64

▢ 65+

 

Individual / Collective Self-Build

How would you like to progress your build?

(tick all that apply)

▢ As an individual

▢ Self-Build

▢ Custom build

Self-build =Building your own house or appointing your own builder

Custom build = tasking a house builder to tailor a home to your preferences before it is built

▢ As part of a collective self-build group

▢ I am already part of a group ….please provide details ______________________________

▢ I am open to joining a collective group, with other individuals

Collective Self-Build =where a group get together to build their homes

This provides the opportunity for friends and people, to work together – sharing costs and building relationships as they build their houses

▢ As co-housing

▢ I am already part of a community interested in co-housing ….please provide details_______________

▢ I am open to joining a co-housing community

Co-Housing =an intentional, mutually-supportive community with shared communal space

It involves people coming together to build a neighbourhood that embodies particular values

Where do you hope to build?

What type of plot/ self-build site are you interested in?

(tick all that apply)

▢ Individual house plot

▢ Within a larger development allocation site / community

An individual house plot or part of a wider planned development

▢ Serviced plot

▢ Non-serviced plot

A serviced plot of land is a plot of land that either has access to a public highway and has connections for electricity, water and waste water, or, can be provided with access to those things within the duration of a development permission granted in relation to that land.

Access to a public highway can include sections of private or unadopted road. It does not mean that the plot has to be immediately adjacent to the public highway, just that there is the guaranteed right of access to the public highway.

Connections for electricity, water and waste water means that the services must either be provided to the boundary of the plot so that connections can be made as appropriate during construction or adequate alternative arrangements must be possible such as the use of a cesspit rather than mains drainage.

For example a plot of land alongside an existing public highway that is an infill between existing dwellings would count as being serviced. There is no expectation that services must be physically connected to the plot at the time of granting planning permission.

Where do you want to self-build

(tick all that apply)

▢ Urban / town centre

▢ Suburbs

▢ Rural

Urban / town centre living

Bringing new homes into our city areas and town centres through repurposing historic buildings and other underused or vacant buildings, as well as building new in gap sites, and on vacant and derelict land will not only help to improve the physical fabric of the cities, towns and local centres, but also help to rebalance land and building uses where retail or other uses have become less viable.

Town centre living can help people get to shops and services quickly and easily, by foot, bicycle or public transport.

A growing residential population in such centres supports local shops and businesses and sustains local services and economy, bringing renewed vibrancy into the vital hearts of communities and preserving heritage and historic assets.

Suburbs are residential areas outside the city centre, which may administratively be part of the city or be separated by open countryside from the city.

Living in suburbs can be an attractive choice, especially for young families looking for more affordable, larger properties with private gardens, and easy access to the countryside, but the ease of access to work, schools, services and facilities are necessary considerations to ensure the provision of good public transport connectivity, active travel routes, local shops and easy access to greenspaces and play opportunities to minimise private car-dependency.

Rural - Most of Scotland is rural and almost one in five people live in rural areas. Every rural or island community has its own story which is reflected in the design and location of the houses. A few new homes can make a big difference to a rural community, helping to keep a local service or business viable.

▢ Greenfield site

▢ Brownfield site

▢ Vacant land

▢ Derelict land

▢ Conversion of existing property

▢ Restoration of a Building At Risk

Greenfield = land which has not previously been developed.

Brownfield = Land which has previously been developed. The term may cover vacant or derelict land, land occupied by redundant or unused buildings and developed land within the settlement boundary where further intensification of use is considered acceptable.

Vacant land = Previously developed land, without physical constraint, which the Planning Authority has indicated is currently available for redevelopment.

Derelict land = Previously developed land which is un-remediated and/or which has a constraint caused by its previous use which hampers its redevelopment or naturalisation.

The Buildings at Risk Register for Scotland (www.buildingsatrisk.org.uk ) has been in operation since 1990 and highlights properties of architectural or historic merit that are considered to be at risk. Buildings at risk are not necessarily in poor condition, they may simply be standing empty with no clear future use or be threatened with demolition.

The planning system prioritises the reuse of vacant and derelict land and properties , including proposals to creatively and sustainably repurpose buildings and structures.

Are there are particular locations within the Council's area you are most interested in living in, please identify these [Scope for planning authorities to add details of how they wish to gather this date e.g. by postcodes, list of wards, settlements or areas):

This information can help provide an evidence base in terms of assessing the demand for self-build plots, including identifying those locations within the Council area where there are aspirations for self-build opportunities.

Have you identified a site you / your group wish to acquire

▢ Yes.

If yes, please identify where ___________

▢ No

Are you looking beyond this Council area for a suitable plot?

▢ Yes

If yes, please identify where ___________ [planning authorities may wish to add a drop down on neighbouring Council areas]

▢ No

What? What Type of Self-build Home are you interested in?

How many plots do you or your group require?

▢ 1

▢ 2

▢ 3

▢ 4

 

▢ 5

▢ 6

▢ 7

▢ 8

Do you intend to occupy the property as …

▢ your sole and only residence

▢ your primary residence

▢ a second home

▢ a holiday home

Whether this will be your main home, or used as a second or holiday home.

What type of home(s) you hope to build?

▢ Flat

▢ Terraced

▢ Semi-detached

 

▢ Detached

▢ Bungalow

▢ No preference

What size of home(s) you are hoping to build?

▢ 1 bedroom

▢ 2 bedrooms

▢ 3 bedrooms

Self-build can be an option for those seeking a range of size of homes including those for larger families, intergenerational homes.

▢ 4 bedrooms

▢ 5+ bedrooms

 

How many people would live in the home(s) ?

▢ 1

▢ 2

▢ 3

▢ 4

▢ 5

▢ 6

▢ 7

▢ 8+

▢ specify if 8+_____

Why are you interested in self-build?

What attracts you or your group to self-build

(tick all that apply)

▢ personal choice / style & design

▢ accessible home – adaptable and wheelchair accessible

▢ eco/ sustainable design

▢ to have potential for working from home

▢ to live /stay in a particular area

▢ affordable

▢ to be part of a like-minded community

▢ other….please specify_________

Custom and self-build can provide the opportunity to create your 'dream home', tailored to your or our family's needs, can provide opportunity to remain in an area, which may not have wider market interest, as well as more affordable housing opportunities as well as affordable, or social, housing for those who cannot access market housing.

Do you or members of your group have previous experience of a self or custom build project?

▢ Yes

▢ No

How? Delivery : Budget/ Funding / Timings

Please indicate your anticipated budget for the project (including, purchase of the plot, design and construction)

▢ Up to £150k

▢ Up to £250k

▢ Up to £350k

This information will be helpful to the planning authority in determining the types of sites to seek to bring forward for self-build, and the level of potential investment to service plots.

▢ Over £350k

▢ prefer not to say

How will you finance your build?

▢ Build outright by you without a mortgage

▢ Build by you with lending (i.e. mortgage)

▢ Part owned with a Housing Association/ Community Housing Trust

▢ Shared finance with self-build group

 

If the build is to be financed with lending, has this already been secured?

▢ Yes

▢ No

▢ In progress

 

When, ideally, would you like to start building your new home?

▢ As soon as possible

▢ Within the next 12 months

▢ Within the next 24 months

▢ Undecided

 

Contact

Email: ldpregsandguidance@gov.scot

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