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The Government has confirmed a series of changes to the Biodiversity Net Gain (BNG) regime that will come into effect on 6th August 2026, marking the first significant amendments since mandatory BNG was introduced. The changes are designed to reduce complexity for smaller developments while maintaining the core principle that development should leave biodiversity in a measurably better state than before.
For developers, landowners and property professionals, understanding how these changes could affect future planning applications will be important.
One of the most notable changes is the introduction of a new exemption for development sites of 0.2 hectares or less. Subject to certain conditions, these smaller schemes will no longer be required to deliver the mandatory 10% Biodiversity Net Gain currently expected under the planning system. However, the exemption will not apply where the development affects priority habitats.
This is intended to reduce the cost and administrative burden associated with BNG for small-scale developments, particularly those where ecological impacts are limited.
A further exemption will apply to developments that are genuinely temporary and will be removed, with land reinstated, within five years or less. As with the small-site exemption, impacts on priority habitats remain a key consideration and may prevent the exemption from applying.
The Government has also amended the biodiversity gain hierarchy for minor developments. Previously, developers were expected to demonstrate that opportunities for on-site habitat enhancement had been maximised before turning to off-site biodiversity units.
From 6 August, qualifying minor developments will have greater flexibility and may be able to secure off-site biodiversity units without first exhausting all on-site enhancement options. This could prove particularly beneficial on constrained urban sites where achieving meaningful habitat improvements within development boundaries can be challenging.
The existing exemption for self-build and custom-build developments will be removed. As a result, some schemes that previously fell outside the BNG requirements may now need to factor biodiversity obligations into the planning process.
However, many self-build and custom-build projects are relatively small in scale and may instead benefit from the new 0.2-hectare exemption, provided they meet the relevant criteria and do not impact priority habitats. As a result, a substantial proportion of self-build developments could continue to avoid the administrative and financial burden associated with mandatory BNG compliance.
As always, eligibility for an exemption will depend on the specific circumstances of the site. Seeking ecological advice early can help identify any biodiversity constraints and requirements at the outset.
While these changes will simplify matters for some projects, the foundations of BNG remain unchanged.
The requirement for most qualifying developments to deliver at least 10% net gain for biodiversity continues. Equally, developments exempt from mandatory BNG must still comply with wider planning policy, ecological legislation and habitat protection requirements.
Importantly, the need to identify and protect priority habitats remains critical. An exemption from BNG does not remove the requirement to assess ecological constraints or consider protected species and habitats as part of the planning process.
For many smaller developments, these changes could reduce planning costs, simplify applications and improve project viability. However, determining whether a site genuinely qualifies for an exemption may not always be straightforward.
Questions around site area, habitat classifications, priority habitats and the potential ecological impacts of development will still require careful assessment. In some cases, ecology surveys and specialist advice may continue to be required even where a scheme is likely to be exempt from BNG.
The evolving BNG landscape highlights the importance of receiving planning advice early in the development process.
At GFW, our experienced Planning team works closely with landowners, developers, housebuilders and rural businesses to navigate changing planning policy and secure successful outcomes. Whether you’re assessing the viability of a site, preparing a planning application or exploring how the new BNG exemptions may apply to your project, our specialists can provide clear, practical advice tailored to your circumstances.
With further BNG reforms expected in the coming months, including the extension of BNG to certain Nationally Significant Infrastructure Projects later this year, staying ahead of regulatory changes will be essential.
If you’re considering a development and would like to understand how the changes taking effect on 6th August could affect your plans, our Planning team would be happy to help.
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