What is the Right to Build?

The government's right to build is helping increase the popularity of self-built homes in the UK. Going down this route can sometimes save you a considerable amount of money compared to purchasing an existing property.

Need help finding a plot to build your home on? This article covers what the right to build is, how to get on the register, and how to buy a plot of land to build your own home on.

What is the Right to Build legislation?

The Right to Build is legislation stated in the Self Build and Custom Housebuilding Act 2015 and the Housing and Planning Act 2016, requiring councils to grant planning permission and to keep a record of anyone looking to buy a plot of land and build their own home. The council has three years to provide adequate permissions to the number of local people registering an interest.

The Right to Build Register

All councils must have a Right to Build register that is open to all applicants. However, how those applications work depends on the council. Some councils have two-part registration:

Part 1: Local connections

You need a local connection to the area you are registering in. The council legally has a duty to provide plots for those under part one.

Part 2: Open register

Anyone without a local connection will be added to the Part 2 list, which means the council may use it to inform policy or even supply plots, but there is no duty for them to do so.

How to register for Right to Build

You can register your interest with the councils in the areas you like by signing up at the Right to Build Portal, run by the National Custom & Self Build Association (NaCSBA). This will allow you to view your closest Right to Build register. You can be on more than one register if you're flexible about the plot on which your self-built home will be built.

Once you have chosen your register, you'll have to fill out a questionnaire and provide certain documents, including proof you're a UK national or a national of another EEA state, local ties, and proof of employment. Each council has different requirements, so it's important to check with your local council.

How to purchase a plot of land to build your own home

While purchase conveyancing on a plot can be simpler without a house to consider, the conveyancing process is similar.

• 1

  The budget

You'll need to work out your budget for the plot, plus the build, plus regular living expenses for your build schedule if you're planning to pause your regular work and income to complete the project.

Unless you're fortunate enough to be cash-funded, you'll need to apply for a self-build mortgage in principle, these release funds at different stagse of the project, and you may be best speaking to a specialist broker. Land mortgages, including self-build mortgages, are only granted for plots with planning permission. So, if you're borrowing to fund the plot purchase, you'll need to pick a plot with planning approval.

Even if you can buy the plot with cash, you'll need an idea of your total budget (cash plus borrowing capacity) to help you choose a plot which leaves enough funds to finish the build.

Self-build mortgages typically require a higher initial deposit, around 15-40%.

• 2

  Choose a plot

You'll need to work out your priorities and what things you're willing to compromise on. For example:

• Do you want to save groundworks and hassle, by buying a serviced plot with planning approval?
• Do you want a cheaper unserviced plot?
• Are you willing to gamble on being able to get planning permission on your plot after purchase? (Particularly if you're registered in Part 2)
• Is location, natural beauty, or natural water source more important than any of the above?

Plot Browser lists thousands of plots across the UK, and your local estate agents may have some local listings.

• 3

  Instruct your solicitor

Once you've agreed on an offer with the seller, choose a well-reviewed conveyancing solicitor who has experience handling purchases of land.

• 4

  Apply for your mortgage

If you are borrowing money for your plot purchase, you'll need to make your formal mortgage application now.

• 5

  Mortgage valuation

(If applicable). Your lender will survey the land to ensure it is worth what they're lending you to buy it.

• 6

  Conveyancing searches and land survey.

Most lenders require some core searches, but cash buyers should order these too, to check there are no issues which could hinder your project.

If the plot isn't being sold already surveyed and serviced, you may also wish to have a thorough land survey to measure the topography, elevation, rivers and/or services on a property, and confirm its physical boundaries. This will not be covered by your mortgage valuation, and we advise conducting this survey before you purchase the plot, in case it affects the development scope. For example, an underground stream or mains line running directly under your future foundations.

• 7

  Contracts and enquiries

Your solicitor will review the contract and title and raise enquiries with the seller to ensure you are making an informed purchase. You may still pull out of the purchase or renegotiate based on these findings, up until the point of exchange.

• 8

  Exchange and completion

Signed contracts are exchanged, and then the purchase 'completes' on a pre-agreed date. In residential purchases, this usually happens 1-2 weeks later to allow for final packing and moving arrangements. On a plot purchase, this can be shorter, provided there is enough time for your solicitor to draw down any purchase funds from your mortgage lender.

• 9

  Choose an architect

You've got your land! Unless you purchased your plot with solid plans, you'll need an architect (or a structural engineer) to make sure your build is designed to structural and legal specifications, and you've got a good chance of getting planning permission granted on your new home.

• 10

  Apply for planning permission

If you don't yet have planning permission, you'll need to submit your architect or structural engineer's drawings for planning permission and building regulations approval before any work can begin.

If you bought the plot with cash and now need to borrow the funds for the build, you'll need to apply for your self-build mortgage after you've obtained planning permission.

Most self-builders with the budget will hire an experienced project manager to oversee the build itself, who will be responsible for coordinating all the different contractors and keeping the job on budget and on schedule.

What is a serviced plot?

A serviced plot is a plot of land which already has the main essentials taken care of. For example: gas, water, electricity, mains sewage, high-speed broadband, and telephone. These can often be more expensive, however, because of bringing in vital infrastructure that wasn't already there. Some landowners leave you free to build on the plot as you see fit (subject to planning approval, etc.), while some prefer a fixed house design.

These plots will come with pre-approved planning permission, which can save you time and stress, and make your mortgage application much simpler.

Do Councils charge for registering on their registers?

All councils can charge you when you sign up to their right-to-build registers; however, regulations require their charges to be reasonable. If they are not, you have the right to complain.

Who is eligible?

There are a few ways in which eligibility can be granted:

• Local registers are open to anyone over the age of 18 who is either a British Citizen or a national of another EEA state or of Switzerland.
• You can apply as an individual, a couple or an association.
• Any house you build must be your primary residence; you can't build a holiday home.
• Housing developers (companies that build homes primarily to sell) are excluded.

What are the council's legal obligations?

There are two main legal obligations the council must adhere to. All councils must keep a register of people wishing to build their own homes. Additionally, all councils must grant development permissions for serviced plots in accordance with the number listed in their register on a rolling cycle.