Community Right to Build

The Community Right to Build enables community organisations to progress new local developments without the need to go through the normal planning application process, as long as the proposals meet certain criteria and there is community backing in a local referendum.

Communities may wish to build new homes or new community amenities, and providing they can demonstrate overwhelming local support, the Community Right to Build will give communities the powers to deliver this directly.

All profits derived from a Community Right to Build Order proposal must be used for the benefit of the community, for example to provide and maintain local facilities such as village halls.

A proposal can be developed as part of the Neighbourhood Development Plan, or on its own.

Community Right to Build Order

Communities which wish to use the new powers must produce and submit a Community Right to Build Order, which is a type of Neighbourhood Development Order.

The process for producing the plan includes:

  • Designating your neighbourhood area if this has not already been done
  • Producing the draft Community Right to Build Order
  • Consultation with the community
  • Referendum to determine support

Where to get more help with producing a Community Right to Build Order

The Neighbourhood planning team has produced a set of guidance notes to assist parishes and community groups with each of the different stages and elements of producing a Community Right to Build Order (CRtB) for their area.

Community Right to Build Order guidance notes

You can download the guidance notes below:

Seek advice and support early in the process

We encourage community groups to seek advice and support early in the process of developing their Community Right to Build Order.

We can help:

  • Ensure the Order meets legal and conformity requirements
  • Reduce the risk of costly and lengthy examinations
  • Reduce the risk of uncertain referendums

For further advice please contact the Neighbourhood planning team:

How to apply to produce a Community Right to Build Order

When undertaking a Community Right to Build Order, your proposal must be within a designated Neighbourhood Area.

Application for Neighbourhood Area designation

If your parish does not yet have a Neighbourhood Area designation then your parish council first needs to apply to Herefordshire Council using the Neighbourhood Area application form (NP1).

Application to form a community group to develop a Community Right to Build Order

If your Neighbourhood Area has already been designated, your community group will need to:

Please send completed application forms to the Neighbourhood planning team:

Service Level Agreement for Neighbourhood Development Plan

A Service Level Agreement (SLA) has been developed for any parish undertaking a Community Right to Build Order.

The purpose of this Agreement is to:

  • Confirm how Herefordshire Council will undertake its statutory duties including timescales for responses
  • Confirm the level and extent of the technical advice and guidance that Herefordshire Council will provide
  • Confirm how the Parish Council will aim to progress the Community Right to Build Order

A signed agreement will give certainty and commitment to the Community Right to Build Order from both parties but it is not compulsory for parishes to sign up.

Who can use the Community Right to Build?

Any community in England can use Community Right to Build via a parish council or 'community organisation'. However, only people who live or work in the community will be able to form a community organisation or help to develop the Community Right to Build. The organisation can take a number of legal forms but it must be set up to further the social, economic and environmental well-being of the local community.

The community organisation should consist of at least 10 members, living at different addresses to each other. Of those members at least half of them should reside within the Neighbourhood Area to which the Community Right to Build refers.

What kind of property can a community develop under the Community Right to Build?

The type of development will be for the community to decide. Communities might wish to build housing, commercial accommodation, a community hall, a sports facility, or a new playground for children. For example, communities will be able to build family homes to sell, affordable housing for rent, sheltered housing for older local residents, or low cost starter homes for young local families struggling to get on the housing ladder.

What is the role of the council in Community Right to Build?

Herefordshire Council's role is to:

  • Ensure developments meet the minimum criteria
  • Support the independent inspection
  • Run the required referendum on behalf of the community organisation

The Neighbourhood planning team can also provide support and guidance to communities whilst they are developing a Community Right to Build proposal.

Contact Neighbourhood planning: