NaCSBA has called out Solihull Metropolitan Borough Council for its “shameful actions” in amending the conditions for joining its Right to Build register to make it almost impossible for most people to sign up.
Solihull council chose to announce its new restrictions during the week of the innovative Grand Designs Live show, which was ironically held at the National Exhibition Centre in Solihull.
The new restrictions mean that anyone wanting to create a self-commissioned home in the borough could well struggle to join the register – an essential demand tool for the council and one that is set out in legislation.
Restrictions are allowed under the legislation, which can entail a local connection test, a financial viability test and the right to charge people, both to join and remain on the registers.
For anyone keen on building locally, Solihull Council now requires people to demonstrate a local connection to qualify for joining Part 1 – the element they must consider when considering their wider housing duties. Those without this link will join Part 2, which has no impact on council activity.
It also places a financial test on anyone wishing to join, which NaCSBA considers the worst of the tests imposed by the council. This states:
There will also be an assessment of financial resources. The Council will require relevant evidence of sufficient resources as follows:
NaCSBA reports that the tests are impossible to pass.
In addition, the council’s guidance references the Council of Mortgage Lenders – an organisation that ceased to exist five years ago.
Kevin McCloud designer and presenter of Grand Designs stated: “At a time when we need a greater focus on sustainability and more affordable homes, it is beyond belief that any Council is making it impossible for such homes to be delivered.”
Andrew Baddeley-Chappell CEO of the National Custom & Self Build Association stated: “I have no doubt that these changes being introduced by the Council are contrary to the letter and spirit of laws aimed at helping people to build or commission their own home, known as the Right to Build. The Council needs to reverse these changes and understand how it got into such a mess in the first place.”
The Self-Build and Custom Housebuilding Act 2015 as amended by the Housing & Planning Act 2016 is primary legislation. It states: “This is intended to make it much easier for people to find land to build or commission their own home, diversifying housing supply and revitalising smaller builders who have not experienced the same level of recovery as the large housebuilders since the financial crisis.”
The legislation requires all local authorities in England to establish a Register of all those who wish to self-build and to then ensure that sufficient plots come forward to meet the demand.
The legislation allows for three restrictions to be imposed on joining the Registers, but there are tests that need to be met for this to happen. As was intended, very few Councils (7% at 30 October 2021) impose all of these tests. Approaching 6 years after the legislation was introduced, Solihull is choosing to introduce all 3 restrictions. Furthermore, the way it is imposing some of these restrictions makes it impossible for anyone to meet the tests and so benefit from the legislation.
The reason for introducing these restrictions is clear. The Council is seeking an easy way of getting out of the duty that the legislation places on it. As at 30 October 2021 (the last date for which data is available), the Council had a shortfall in delivery of 247 plots, and this number was continuing to increase.
NaCSBA is highly critical of the policy, which it links to other ill-conceived examples of discredited polices, such as Epping Forest District Council.
The action by the Council is directly contrary to the message from central Government that continues to support the growth of the sector. Just this year the Government responded positively to the independent review on growing the sector (The Bacon Review) and launched Help to Build enabling access to the market to those with a 5% deposit. As stated in commissioning the review: “We know that self and custom builders deliver high quality, well designed homes that are energy efficient, accessible affordable and welcomed by their communities.”
Image: On stage at Grand Designs debating the Right to Build – (L-R) NaCSBA CEO Andrew Baddeley-Chappell, Richard Bacon MP, Kevin McCloud, Kunle Barker, TV personality and Mario Wolf of Custom Build Homes.
NaCSBA member Advanced Housing Systems has come up with what they think might be a first for the self build sector, with a pick-your-own timber service, from Will Benzies’ mature Douglas fir forest in Devon – all local to the company.
Advanced Housing Systems states that buyers can wonder through the forest to chose those perfect trees for their own build, which forester Benzies will then fell and process to create the raw materials for a greenwood post and beam frame, creating a home with a very personal touch. The frame is infilled with Advanced Housing’s panels, which can be integrated with its range of our systems, including its THEPASSIVHAUS PHI certified models.
Advanced launched its THEPASSIVHAUS system in 2021, bringing a passivhaus certified total envelope system to the market. On review, the Passivhaus Institute at Darmstadt system stated that it found it to be ‘the most comprehensive system’ it had assessed to date.
Self builders won’t be the guinea pig for this new service, as Advanced Housing Systems has chosen its own timbers to build its own new facility using this process, which it believes brings together the embodied carbon and the operational carbon figures, which, when combined with passivhaus technology, will create a super green build.
The company works to create Modern Methods of Construction (MMC) systems for both self builders and commercial developments alike, offering a customisable envelope for both the sub- and superstructure. To make life easier, the system can be delivered with joinery and electrical systems in place, that are ready to skim plaster internally and clad externally, saving work time on site.
Green wood is effectively fresh wood that has not been kiln dried. This type of timber is cut from the forest and used for construction immediately, with no need for seasoning, and is a traditional approach to construction that has been used throughout time. Often, pegs and holes join the frame together, and as the frame dries out naturally these joints tighten and become super strong. Oak is the wood typically associated with building with greenwood, but many woods such as Douglas Fir or cedar can be used – but this often depends on what is available locally.
Government has released plans to tackle the issue of ‘nutrient neutrality’ – which has prevented any building, including self builds, from taking place in many counties across England.
Backed by the Department for Environment, Food and Rural Affairs (Defra) and the Department for Levelling Up, Housing and Communities (DLUHC), the plans recommend a new mitigation scheme, which will mean that building can take place where certain conditions are met.
Natural water habitats are typically affected by the excessive run off of nutrients, which has an adverse effect on the delicate water-based environment, leading to algal blooms that threaten flora and fauna.
Such nutrients are usually due to run off from farming, such as fertiliser or effluent from chicken farms, or from untreated water being shed from water treatment plants that are not up to the job.
But construction has also been blamed for this, with 74 English counties affected – either wholly or areas within them. This led to a blanket ban on all new construction on undeveloped land in some areas, which has been in place for several years now, such as in Herefordshire.
Government’s new scheme is based on the idea of mitigation, meaning that you can effectively put in additional measures to offset any potential damage. These offsetting measures will then improve the local situation for wildlife. These may be through physical schemes or though a process where the developer (and presumably the self builder) can buy ‘nutrient credits’. These then contribute to mitigating measures built locally, rather than on each site.
These may involve local Sustainable Urban Drainage systems (SUDs), new or expanded wetlands and woodlands and so on, to support and promote new local habitats.
Once agreed, permission can then be granted for work to go ahead. Natural England will be the accreditation body overseeing this credit element, and government is also creating a a legal duty for water companies in these areas to upgrade water treatment works by 2030 to the highest levels.
Levelling up secretary Greg Clark added: “It is essential that new homes do not impair the quality of our rivers, streams and wetlands. These measures will ensure the development can take place, but only where there is practical action taken to protect our precious aquatic habitats.”
The National Self Build and Renovation Centre (NSBRC) is repeating its survey into the aspirations and expectations of people willing to build for 2022.
This is a vital piece of research as it feeds in to wider views on the sector, which in turn helps the National Custom and Self Build Association (NaCSBA) to represent the sector’s hopes and ambitions in its discussions with government and high-level trade organisations. Hear from NSBRC Managing Director Harvey Fremlin about why the survey is so important.
Like the National Custom and Self Build Association, the NSBRC believes that people deserve better homes, with a visit to the NSBRC being an essential activity for anyone planning a project. As such, the NSBRC is also looking to compile data that reflect visitor’s experiences, to support the centre to improve its offering, from training to exhibitors.
The experiences of people hoping to build provides valuable insight into the aspirations and expectations of people interested in the model, identifying common problems people experience and trends, that are important to track, such as people’s attitudes to sustainability.
The survey takes just a few minutes, and any data you provide is completely anonymous. As a thank you, the NSBRC is offering a 10% discount on any of its essential educational courses (valid for 3 months) for every completed survey. In addition, respondees can enter into a random draw to win one of five £50 John Lewis vouchers!
Find out more about the NSBRC, whats on at the centre in Swindon and its training courses, and how they can help you with your dream project.
We’re following the story of Anne, mother of six boys who is building a home for her family and one for the grandparents on the same site. They used the Right to Build to help them escape the private rental sector, acting as pioneers for the legislation, which even the council was unsure about at the time.
A quick recap:
The church had made us 2 offers: a chance to buy the combined site in an off-market sale on Charity Commission rules and an offer to explore the community idea on another church site. (Blog 10).
A month after our meeting with the council, they came back to say that the council site had fallen out of the picture. Enfield was simply not in a position to sell their land quickly. Their Disposals Manager had lost his assistant and was busy with larger projects.
So the Diocese’s plan was to put their site into auction in the Autumn, but they would allow a small window of opportunity for an off-market sale at 10% above the Savill’s valuation. However at this point there were still uncertainties including interest from a housing association and we would have to wait the outcome.
It was a low point for us. The family we had partnered with (see blog 6) were still interested in building with us but the uncertainties made them nervous. It was difficult to keep them encouraged whilst we ourselves felt unsure. But we kept up communications and after a couple of months I received a call, and the Diocese were offering us the chance to buy their plot ‘unconditionally’.
I was elated! What could I say? ‘Thank you.’ In my naivety I thought ‘unconditionally’ meant no more obstacles – the process would now be straightforward. Peter, was pleased, but explained that ‘unconditionally’ meant the sale could not be ‘subject to planning’ or any other condition we might wish to apply.
It is common to enter an agreement to purchase land ‘subject to planning’. A timeframe would be agreed as part of the agreement where the buyer/developer makes an off-market offer to buy the site, funds the professional fees at their risk and puts in for planning permission but does not have to raise the finance for the purchase at a time when it is not clear what the development will be.
‘Unconditionality’ was a major problem for us. We had hoped to agree a purchase subject to our getting planning permission for two houses. Without planning permission neither we nor our partner family could get a mortgage and without funds we could not buy the plot. We had meetings with the Diocese Development Manager but they now wanted a quick sale and were not prepared to wait.
I tried various self-build mortgage providers but their answers were all the same. No one would provide funds to purchase the land without planning permission.
One solution came at the Autumn Homebuilding & Renovating show. An exhibitor Nick at ‘Marlborough House Finance’ gave some encouragement. He said: “There is always a way.”
This turned out be ‘bridging finance’, which might tide us over until we could get planning permission. Nick advised us to assume that this would probably be for a period of six months, which would give us a window of opportunity.
Theoretically, planning decisions are supposed to take eight weeks but there are usually delays and then some time was needed to raise the main line funding. It was an option and it seemed our only option but it was not an attractive one.
Bridging is risky and expensive. With a retained interest (where interest charges for the full term of the loan is deducted from the loan facility) of 0.95% per month, 2% completion fee, 1% exit fee, legal fees and a modest fee for the broker – we were looking at finance costs of about £38k for a period of 6 months to cover the cost of the land purchase (over above such deposit/capital from us and our partner family).
Between us we had 10% in hand which is a minimum. Even bridge funders want some headroom between what they are lending and what the land is worth in the event that the plan fell through, and a sale had to be made to pay them back. And as with all borrowing the rates become more expensive the more you need it (ie. the higher the ‘loan to value’).
Our other dilemma was should we go ahead and put in for a planning permission? Peter had produced some designs to establish what might be possible.
Given the funding situation there was no guarantee that we would get the land and the fee for a planning application for two houses was £1k. £1k seems very little with hindsight, when you are paying for building materials costing £1,000s, but when it is coming out of the monthly groceries budget with no guarantee of success or return it seemed such a big dilemma.
The site was to go to auction in November, less than two months away. We had friends in property development who warned that submitting a planning permission was a waste of money. It was work, effort and cost on our part but would add value to the land which someone else might buy and gain the benefit of.
So it was a gamble. Peter was also concerned that if we got consent before the purchase date then the ‘market valuation’ would go up and we would have to pay more. On the other hand without it we would not be able to get a self-build mortgage and we needed to do this as quickly as possible to release ourselves from an expensive bridging loan.
It was easy for professional advisers to talk airily of ‘take it or leave it’ but we were heavily invested – we knew it could take another year or two to find and start over with another site and it was an opportunity to have a home.
We didn’t want to see the opportunity pass by without doing everything we could. Our partners were not interested in taking this risk so we would have to apply and pay for planning alone.
Events now moved quickly. On 26th October the plot was put on the auction catalogue. The same day we submitted our planning application. The date of auction was to be 26th November by which time we had to pay 10% and the balance by Christmas.
If our planning application was successful within the 8 weeks (supposed statutory time to decide applications) we could hope to get a self-build mortgage set up early in the New Year.
Most people regarded this as improbable, particularly with Enfield planning department’s reputation! How long would we have to rely on bridge funding? Were our partner family still with us? A successful outcome at this stage looked unlikely!
Read the other parts of the Self Build Family Build Blog.
Part One: Deciding to Self Build, the Turning Point
Part Two: Looking for Land in London
Part Three: The Land Value Idea
Part Four: A Small Matter of Access
Part Five: The Mystery of the Road Unravelled
Part Seven: Best Consideration Pursuing our Community Building Idea
Part Eight: Calling on Higher Parts
Part Nine: The Affordability Question
Part Ten: The Thorny Question of Government
Photo: printed with permission of Fiona Hanson 2020©
NaCSBA congratulates the National Self Build & Renovation Centre (NSBRC) on 15 years of supporting aspiring self builders as they plan and carry out their project. As the UK’s only permanent visitor centre for self-builders, renovators, and home improvers it has numerous awards and much praise for its crucial role in the sector.
No planning for a self build is complete without a visit to the centre in Swindon, where its permanent stands and exhibits support people getting to grips with the process, where they can experience materials and processes, chat to suppliers or get tailored advice. In addition the NSBRC also runs a calendar of self build shows, training and external events that make repeat visits well worth the effort.
Launched by BuildStore, for the last six years the centre has been run as an employee-owned business, ‘The Homebuilding Centre Limited’, ensuring that staff are invested in the services they provide.
Over the years the centre has won several awards, not least in 2017 it won a Build It Award for ‘Outstanding Contribution to Self Build’, as well as several for its employee-ownership model.
To celebrate its fifteenth anniversary the team hosted a special birthday dinner in April to thank the local and national self build community and stakeholders for their support over the years.
Harvey, said, “2022 is a special year and a real achievement for NSBRC, and we’ve got lots of exciting plans for the future. We’re hosting more events, workshops and courses than ever before to help people build better homes, including a late opening (until 9am) on select Thursdays over the coming months to give people the chance to discover self build at a time that’s more convenient to them.
Late nights at the NSBRC run on 28th April, Thursday 26th May and Tuesday 28th June – visit the website for the full calendar of events.
Find out more about NSBRC’s employee owned model