14.07.2026
The Government has published new Biodiversity Net Gain (BNG) Regulations, introducing the first package of reforms following its 2025 consultation on improving the implementation of mandatory Biodiversity Net Gain.
The changes, which come into force on 6 August 2026, are intended to reduce the administrative burden on the smallest developments while ensuring that larger schemes continue to deliver meaningful biodiversity improvements.
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For developers, landowners and Local Planning Authorities, it is important to understand which developments will be affected and how the new regulations may influence future planning applications.
The new regulations introduce several important amendments to the mandatory Biodiversity Net Gain regime.
1. New 0.2 hectare exemption
From 6 August 2026, developments on sites of 0.2 hectares or less will generally be exempt from mandatory Biodiversity Net Gain requirements. However, the exemption will not apply where development would negatively affect onsite priority habitat.
This change is intended to reduce the cost and complexity of BNG for the smallest development sites.
2. Temporary development exemption
A further exemption has been introduced for certain temporary developments where the land will be reinstated within five years or less. Again, this exemption will not apply where priority habitat would be adversely affected.
3. Changes for minor developments
The regulations also amend the biodiversity gain hierarchy for qualifying minor developments.
Previously, applicants were generally expected to prioritise onsite biodiversity enhancements before considering offsite solutions. Under the new arrangements, eligible minor developments that are not exempt from mandatory BNG will have greater flexibility to secure biodiversity gains offsite where appropriate.
4. Removal of the self and custom-build exemption
The existing exemption for self and custom-build development has been removed. As a result, these developments will generally be required to comply with mandatory Biodiversity Net Gain requirements unless another exemption applies.
According to the Government, the reforms are designed to reduce the burden on smaller developers and Local Planning Authorities by focusing Biodiversity Net Gain requirements on developments that have the greatest environmental impact and the greatest opportunity to deliver measurable biodiversity improvements.
Importantly, the Government has also made clear that exempt developments should still seek to incorporate nature-friendly design wherever possible.
Although some developments will no longer require mandatory Biodiversity Net Gain, existing planning policies and environmental legislation continue to apply.
Planning applications will still be expected to follow the mitigation hierarchy, with Local Planning Authorities continuing to consider the impact of development on biodiversity as part of the planning process.
Where significant harm cannot be avoided, adequately mitigated or, as a last resort, compensated, planning permission may still be refused.
The new regulations apply to planning applications submitted on or after 6 August 2026.
Applications already submitted before this date, together with existing planning permissions, will continue to be assessed under the current Biodiversity Net Gain requirements.
Applicants preparing schemes over the coming weeks should therefore consider which regulatory framework will apply to their proposals.
The Government has confirmed that this represents only the first phase of planned Biodiversity Net Gain reforms.
Further changes are expected to include:
The Government is also considering responses received through its consultation on introducing a targeted exemption for certain residential brownfield developments.
These latest changes represent a significant refinement of the Biodiversity Net Gain regime and will be welcomed by those promoting smaller development sites.
However, while the new exemptions may simplify the process for some developments, biodiversity remains an important material planning consideration, and applicants should continue to consider ecological impacts from the earliest stages of project design.
With further changes expected over the coming months, it will be increasingly important for developers and landowners to understand how the evolving Biodiversity Net Gain framework applies to their proposals.
DHA Planning is closely monitoring these legislative changes and will continue to provide updates as further reforms are introduced.
If you would like advice on how the latest Biodiversity Net Gain regulations may affect your development, please contact a member of our experienced planning team.
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