Biodiversity Net Gain

Under Schedule 7A of the Town and Country Planning Act 1990, as inserted by the Environment Act 2021, Biodiversity Net Gain (BNG) is mandatory for most development in England.

Where the statutory biodiversity gain condition applies, development must achieve a minimum 10% biodiversity net gain compared with the biodiversity value of the site before development. BNG may be delivered through:

  • on-site biodiversity gains
  • registered off-site biodiversity gains
  • statutory biodiversity credits, which should only be used as a last resort
  • an appropriate combination of these measures.

Off-site biodiversity gains, and significant on-site biodiversity gains provided to meet the mandatory requirement, must normally be secured and managed for at least 30 years under an approved Habitat Management and Monitoring Plan and an appropriate legal mechanism.

From 6 August 2026, changes to the statutory BNG framework introduce:

  • a new exemption for development sites of 0.2 hectares or less, provided that the development does not negatively affect an on-site priority habitat
  • a new exemption for temporary development where the whole development is temporary and planning permission is granted for five years or less, provided that the development does not negatively affect an on-site priority habitat
  • the removal of the existing exemption for self-build and custom-build development
  • a modified biodiversity gain hierarchy for minor development, allowing qualifying minor development to use registered off-site biodiversity units without first having to demonstrate that on-site delivery is not possible

The new exemptions and hierarchy arrangements apply in accordance with the relevant regulations and transitional provisions. Applicants should check the Government’s current BNG guidance before submitting an application.

Development that is exempt from the statutory BNG requirement must still comply with relevant national and local planning policies relating to biodiversity, protected species, protected sites, priority habitats, ecological networks and the mitigation hierarchy. Exemption from mandatory BNG does not remove the need to avoid, mitigate or compensate for ecological harm, or to provide proportionate biodiversity enhancements where required by planning policy.