Follow up of FOI002214
Following the Council’s FOI002214 response (24 October 2025) and the Self-Build and Custom Housebuilding Demand and Supply Statement (July 2025), I am seeking further clarification specifically regarding the demand side of the Self-Build Register.
1. Additions to the Register
Please provide the number of individuals and associations who applied via the Council’s website application process and were added to the Self-Build and Custom Housebuilding Register during each of the base periods listed below.
This request relates solely to additions, not net totals.
Accordingly:
• Do not deduct any individuals or associations who were later removed or withdrawn; and
• Do not include data from any review or “cull” processes.
Simply complete the table below with the number of new applications that were accepted and recorded on the register within each base period.
Also please confirm whether the register is maintained as a single continuously updated list, or whether a new register is created for each base period.
Base Period No. of people/associations added Notes (if applicable)
1 (1 Apr 2016 – 30 Oct 2016)
2 (31 Oct 2016 – 30 Oct 2017)
3 (31 Oct 2017 – 30 Oct 2018)
4 (31 Oct 2018 – 30 Oct 2019)
5 (31 Oct 2019 – 30 Oct 2020)
6 (31 Oct 2020 – 30 Oct 2021)
7 (31 Oct 2021 – 30 Oct 2022)
8 (31 Oct 2022 – 30 Oct 2023)
9 (31 Oct 2023 – 30 Oct 2024)
10 (31 Oct 2024 – 25 Jul 2025)
2. Removals from the Register
Context — lawful maintenance of the register
The Department for Levelling Up, Housing and Communities’ data release (‘Self build and custom housebuilding data’, updated 5 September 2025) states in Appendix 1 that:
“Regulation 10 of the Self-build and Custom Housebuilding Regulations 2016 sets out the limited circumstances under which a relevant authority may remove an entry from the register. Each relevant authority should ensure that their approach to maintaining their register fulfils the authority’s statutory duty set out under the legislation, (seeking legal advice where relevant).”
Source: DLUHC, Data release: Self build and custom housebuilding data (Appendix 1), 5 Sept 2025
In addition, the Right to Build Task Force (NaCSBA) warns that a register that has been reduced outside the legislation is not a sound basis for assessing need:
“Any Register where entry is constrained or where entries have been removed cannot be considered as a good practice base for the calculation of strategic need.” (PG9, March 2021, para 67).
Source: Right to Build Task Force — PG9 (March 2021)
Further, at the Royal Town Planning Institute’s Self Build and Custom Housebuilding event (15 May 2024), the Right to Build Task Force reiterated this principle. Mary Elkington stated:
“A register that is actively culled or entries removed beyond the statutory grounds cannot provide a robust tool for identifying the genuine demand for self build and custom housebuilding.” — Slide 12, Right to Build Task Force Presentation, RTPI, 15 May 2024.
Source: Mary Elkington — RTPI Presentation (15 May 2024)
The Self Build and Custom Housebuilding Act 2015 (as amended by the Housing and Planning Act 2016) and Regulation 10 of the 2016 Regulations limit the circumstances in which individuals or associations can be removed from the register to three narrow grounds: (a) at the registrant’s request; (b) loss of eligibility; or (c) where the registrant has acquired a serviced plot suitable for their own occupation.
Full legislative text quoted for clarity:
Regulation 10 — Removal of entries from the register
(Self build and Custom Housebuilding (Register) Regulations 2016, SI 2016 No. 105, made under section 1 of the Self build and Custom Housebuilding Act 2015)
10.—(1) A relevant authority may remove an entry from Part 1 of its register if—
(a) the individual or association has requested the authority to remove the entry;
(b) the authority has reason to believe that the individual or association is no longer eligible for entry in Part 1 of the register; or
(c) in the case of an individual, the authority has reason to believe that the individual has acquired a serviced plot of land suitable for self build or custom housebuilding.
(2) A relevant authority may remove an entry from Part 2 of its register if—
(a) the individual or association has requested the authority to remove the entry; or
(b) the authority has reason to believe that the individual or association is no longer eligible for entry in Part 2 of the register.
(3) Before removing an entry under this regulation the authority must give the individual or association not less than 28 days’ notice in writing of its intention to do so.
(4) The notice must give the reason for the proposed removal and must invite representations within that period.
Source: https://www.legislation.gov.uk/uksi/2016/105/regulation/10/made
Please provide details for each of the two reviews (or “culls”) referred to in the 2025 Demand and Supply Statement and in FOI002214 (i.e. October 2021 and December 2023). The total number of people removed is available publicly but please also provide the reasons each person or association was removed by completing the table below:
Review (Date) Total number removed No. removed at registrant’s request No. removed due to ineligibility No. removed having acquired a plot No. removed for ‘other’ reasons Please specify any ‘other’ reasons
First review (Oct 2021)
Second review (Dec 2023)
3. Legal Advice for Removals from the Register
For any removals listed under ‘other’, please confirm whether the Council obtained legal advice in advance, as recommended by the DLUHC 2025 data release (Appendix 1). If legal advice was obtained, please provide a copy. If no advice was taken, please explain why the DLUHC advice to take legal advice in such circumstances has not been followed.
4. Notice given for Removals from the Register
Please supply a copy of the email and/or letter sent to individuals and associations in 2021 and 2023 which notified them of the intention to remove them from the register.
5. Golf Course Allocation
In FOI002214, it was stated that 75 plots at Maidenhead Golf Club (24/00091/OUT) were initially included in the supply data, but that the correct figure was 52 plots.
Please confirm:
• Why any of these 52 plots are being counted towards the Council’s self build duty when no planning permission has yet been issued, given that section 2A(2) of the 2015 Act defines “suitable development permission” as one that has been granted; and
• On what legislative basis these plots can be considered to contribute to the duty before the decision notice is issued.