The Recreational Craft Regulations 2017 exempt “home-built” boats. To qualify, the craft must have been substantially built by its owner for their use and not sold within five years of first use. The craft is not exempt until five years have elapsed.
As a home builder, it is crucial to identify the point of completion, i.e. when the boat becomes navigable, and formally record it. Useful evidence includes insurance certificates, registration documents, and berthing receipts.
The following types of craft are not considered to be home-built boats for the RCR 2017.
Partly Completed – Shell or “Sailaway”
A partly completed recreational craft, such as a shell or a shell with fitted components (aka a “sailaway”), is incomplete and requires completion by another party. Partly completed boats must be completed by adding fittings and finishing parts, and comply with the RCR 2017. The party that completes the boat is considered the manufacturer and must ensure the completed craft meets the Essential Requirements. When sold, a partly completed boat must fulfil the relevant Essential Requirements and have a declaration that complies with either Schedule 3 of the RCR 2017.
“One Off” Boats
A person who enters into a contractual arrangement with a professional company, boatyard, or individual constructor to build a one-off boat is considered to have entered into an arrangement where ownership will be transferred. Such a boat is not exempt as a home-built boat and must meet the Essential Requirements of the RCR 2017. Additionally, it must have a declaration that complies with Regulation 10 of the RCR 2017.
Boat Kits
Boat kits, which include pre-cut material and parts to build a boat, are also considered partly completed recreational crafts. As such, a kit boat falls under the scope of the Recreational Craft Regulations 2017 (RCR 2017). The party responsible for assembling the kit is considered the manufacturer and must ensure that the completed craft meets the Essential Requirements. When sold, a kit boat must fulfil the relevant Essential Requirements and include a declaration that complies with Schedule 3 of the RCR 2017.
If there is any doubt about the status of a home-built boat, it is important to seek advice from a legal professional. East Hill Marine Limited does not provide such advice.