--- title: "BNG Regulations 2026: Law, Exemptions and Compliance" description: "The law behind biodiversity net gain in England: the Environment Act, the 2024 and 2026 regulations, every exemption, transitional rules and gain plans." image: https://www.pixcellence.co.uk/hubfs/blog/images/bng-regulations-hero-hero-1.webp --- [![Pixcellence-Logo-CLR-Sidelock](https://www.pixcellence.co.uk/hs-fs/hubfs/Pixcellence-Logo-CLR-Sidelock.png?width=312&height=75&name=Pixcellence-Logo-CLR-Sidelock.png) ![Pixcellence-Logo-CLR-Sidelock](https://www.pixcellence.co.uk/hs-fs/hubfs/Pixcellence-Logo-CLR-Sidelock.png?width=312&height=75&name=Pixcellence-Logo-CLR-Sidelock.png)](https://www.pixcellence.co.uk/) [![Pixcellence-Logo-CLR-Sidelock](https://www.pixcellence.co.uk/hs-fs/hubfs/Pixcellence-Logo-CLR-Sidelock.png?width=312&height=75&name=Pixcellence-Logo-CLR-Sidelock.png)](https://www.pixcellence.co.uk/) - [Topics](https://www.pixcellence.co.uk/#px-topics) - [Biodiversity](https://www.pixcellence.co.uk/blog/what-is-biodiversity) - [UK Ecosystems & Habitats](https://www.pixcellence.co.uk/blog/ecosystems-types-examples-uk-guide) - [Climate & Nature](https://www.pixcellence.co.uk/blog/climate-change-what-is-it-uk-guide) - [Wildlife & the Law](https://www.pixcellence.co.uk/blog/protected-species-uk-guide) - [For Students & Teachers](https://www.pixcellence.co.uk/#px-students) - [About](https://www.pixcellence.co.uk/#px-about) - [All Guides](https://www.pixcellence.co.uk/blog) - [Topics](https://www.pixcellence.co.uk/#px-topics) - [Topics](https://www.pixcellence.co.uk/#px-topics) - [Biodiversity](https://www.pixcellence.co.uk/blog/what-is-biodiversity) - [UK Ecosystems & Habitats](https://www.pixcellence.co.uk/blog/ecosystems-types-examples-uk-guide) - [Climate & Nature](https://www.pixcellence.co.uk/blog/climate-change-what-is-it-uk-guide) - [Wildlife & the Law](https://www.pixcellence.co.uk/blog/protected-species-uk-guide) - [For Students & Teachers](https://www.pixcellence.co.uk/#px-students) - [About](https://www.pixcellence.co.uk/#px-about) - [All Guides](https://www.pixcellence.co.uk/blog) [Pixcellence Blog](https://www.pixcellence.co.uk/blog) Categories **Browse All Categories** - [biodiversity](https://www.pixcellence.co.uk/blog/tag/biodiversity) - [conservation](https://www.pixcellence.co.uk/blog/tag/conservation) - [definition](https://www.pixcellence.co.uk/blog/tag/definition) - [climate change](https://www.pixcellence.co.uk/blog/tag/climate-change) - [photography](https://www.pixcellence.co.uk/blog/tag/photography) ![Clwyd Probert](https://www.pixcellence.co.uk/hubfs/blog/authors/clwyd-probert-watercolour-400.webp) By [Clwyd Probert](https://www.pixcellence.co.uk/blog/author/clwyd-probert) on October 29, 2026 [biodiversity](https://www.pixcellence.co.uk/blog/tag/biodiversity), [conservation](https://www.pixcellence.co.uk/blog/tag/conservation) # BNG Regulations 2026: The Law, Exemptions and Compliance in England **Biodiversity net gain (BNG) is required by Schedule 7A of the Town and Country Planning Act 1990, inserted by Schedule 14 of the [Environment Act 2021](https://www.legislation.gov.uk/ukpga/2021/30/schedule/14/enacted). Unless exempt, every planning permission in England is granted subject to a condition that the development must achieve at least a 10% gain in biodiversity value, and a biodiversity gain plan must be approved before work starts.** The detail sits in regulations made in 2024 and amended in 2026 ([Planning Practice Guidance](https://www.gov.uk/guidance/biodiversity-net-gain)). This guide sets out the legislation, who is in scope, every current exemption, the transitional rules, what a gain plan must contain, how gains are legally secured and enforced, and the rules for nationally significant infrastructure projects (NSIPs) from 2 November 2026. For the overview, see our [guide to biodiversity net gain](https://www.pixcellence.co.uk/blog/biodiversity-net-gain); for the calculation, [how the BNG metric works](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-metric). Key Takeaway The 2026 amendments ([SI 2026/790](https://www.legislation.gov.uk/uksi/2026/790/contents/made)) apply to **planning applications made on or after 6 August 2026**. They add exemptions for sites of **0.2 hectares or less** and **temporary development of 5 years or less** (both lost if onsite priority habitat is affected), **remove the self-build exemption**, and let minor development go straight to off-site gains. Separately, BNG becomes mandatory for **NSIPs** on DCO applications from **2 November 2026**. In this guide - [The legislation](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#legislation) - [Who is in scope](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#scope) - [Every current exemption](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#exemptions) - [The biodiversity gain hierarchy](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#hierarchy) - [Applications and the gain plan](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#plan) - [Securing gains for 30 years](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#securing) - [Rules for statutory credits](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#credits) - [BNG for NSIPs](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#nsip) - [Enforcement](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#enforcement) - [What is still to come](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#next) - [FAQs](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#faq) ## What legislation governs biodiversity net gain? The framework has three layers: the Environment Act 2021, which created BNG; the Town and Country Planning Act 1990, into which it was inserted; and statutory instruments that fill in the detail. | Law | What it does | | --- | --- | | [Environment Act 2021, s.98 and Schedule 14](https://www.legislation.gov.uk/ukpga/2021/30/schedule/14/enacted) | Inserts Schedule 7A into the Town and Country Planning Act 1990: the biodiversity gain condition, the 10% objective, gain plans and the 30-year rule | | [Environment Act 2021, s.99 and Schedule 15](https://www.legislation.gov.uk/ukpga/2021/30/section/99/enacted) | Extends BNG to nationally significant infrastructure projects under the Planning Act 2008 | | [Environment Act 2021, s.100](https://www.legislation.gov.uk/ukpga/2021/30/section/100/enacted) | Creates the biodiversity gain sites register for off-site gains | | [Environment Act 2021, s.101](https://www.legislation.gov.uk/ukpga/2021/30/section/101/enacted) | Allows the government to sell statutory biodiversity credits and requires the money to go on habitat creation or enhancement | | [Environment Act 2021, Part 7](https://www.legislation.gov.uk/ukpga/2021/30/part/7/enacted) | Creates conservation covenants, one of the two ways to secure gains | | [SI 2024/45](https://www.legislation.gov.uk/uksi/2024/45/contents/made) | Commencement No. 8: switches BNG on for new applications from 12 February 2024, with section 73 transitional rules | | [SI 2024/47](https://www.legislation.gov.uk/uksi/2024/47/contents/made) | The Biodiversity Gain Requirements (Exemptions) Regulations 2024 | | [SI 2024/48](https://www.legislation.gov.uk/uksi/2024/48/contents/made) | The Biodiversity Gain Requirements (Irreplaceable Habitat) Regulations 2024 | | [SI 2024/50](https://www.legislation.gov.uk/uksi/2024/50/contents/made) | Modifications and Amendments Regulations 2024: application requirements, gain plans and phased development | | [SI 2026/790](https://www.legislation.gov.uk/uksi/2026/790/contents/made) | Amendments and Transitional Provisions Regulations 2026: new exemptions, self-build change, revised hierarchy | Schedule 7A was also amended by the Levelling-up and Regeneration Act 2023 ([PPG](https://www.gov.uk/guidance/biodiversity-net-gain)). Statutory credit prices are not set in legislation: they are published, and reviewed every six months, in [government guidance](https://www.gov.uk/guidance/statutory-biodiversity-credit-prices). ## Which planning permissions are in scope? Every grant of planning permission in England is deemed to be subject to the biodiversity gain condition, but commencement dates, transitional rules and exemptions take many out of scope ([PPG](https://www.gov.uk/guidance/biodiversity-net-gain)): - **Timing.** BNG applies only where the application was made on or after 12 February 2024 (major development) or 2 April 2024 (small sites). - **Reserved matters.** Approval of reserved matters under an outline permission is not a grant of planning permission, so it is not subject to the condition. - **Retrospective permissions** under section 73A are not in scope. - **Other routes not yet commenced:** local and neighbourhood development orders, simplified planning zones, permissions granted on an enforcement appeal and deemed permissions. - **Permission in principle** is out of scope, but the later technical details consent is in scope. - **Section 73 variations** are out of scope where the original permission was applied for or granted before 12 February 2024. ## What developments are exempt from BNG? The exemptions are set out in paragraph 17 of Schedule 7A and the Exemptions Regulations 2024, as amended in 2026 ([GOV.UK](https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments)): | Exemption | Criteria | Notes | | --- | --- | --- | | Householder | Householder applications, such as extensions, conservatories and loft conversions | As defined in the Development Management Procedure Order 2015 | | Development orders | Permission granted by a development order, including permitted development rights | Environment Act 2021 | | De minimis | Affects less than 25 m² of onsite habitat and less than 5 m of linear habitat such as hedgerow | Lost if onsite priority habitat is affected | | Sites of 0.2 ha or less | Site area within the red line boundary of 0.2 hectares or below | Applications from 6 Aug 2026; lost if onsite priority habitat is affected | | Temporary development | The whole development is temporary and permitted for 5 years or less | Applications from 6 Aug 2026; lost if onsite priority habitat is affected | | Gain sites | Habitat created or enhanced mainly to provide BNG for another development | Avoids double-counting | | High-speed rail | Development forming part of, or ancillary to, the high-speed rail network | Exemptions Regulations 2024 | | Urgent Crown development | Urgent development by the Crown | Environment Act 2021 | Self-build is no longer exempt The self-build and custom-build exemption does **not** apply to applications made on or after 6 August 2026. It still covers applications made before that date, and section 73 variations of permissions that were exempt on that basis. Many self-build plots will now qualify for the 0.2 hectare exemption instead ([GOV.UK](https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments)). "Priority habitat" means the habitats of principal importance listed under section 41 of the Natural Environment and Rural Communities Act 2006, such as lowland meadows, native hedgerows and high-quality ponds. A development "impacts" a habitat if it lowers its biodiversity value. Exempt development is still subject to normal planning policy and [protected species law](https://www.pixcellence.co.uk/blog/protected-species-uk-guide). ![Watercolour of an ecologist making notes beside an old hawthorn and field maple hedgerow at the edge of an English field, with a yellowhammer on the hedge top.](https://www.pixcellence.co.uk/hubfs/blog/images/bng-rules-hedgerow-survey-20261029-20261029-112404.webp) ## What is the biodiversity gain hierarchy? The hierarchy is set out in article 37A of the Town and Country Planning (Development Management Procedure) (England) Order 2015, as amended by SI 2026/790 ([PPG](https://www.gov.uk/guidance/biodiversity-net-gain)). In order of priority, developers should: 1. avoid adverse effects on onsite habitat of medium, high or very high distinctiveness, and where that is not possible, mitigate them; 2. enhance existing onsite habitat, then create new onsite habitat; 3. use registered off-site gains (for minor development on applications made since 6 August 2026, on-site enhancement, on-site creation and off-site gains rank equally); 4. as a last resort, buy statutory biodiversity credits. The hierarchy does not apply to **irreplaceable habitats**, such as ancient woodland, ancient and veteran trees, blanket bog and limestone pavement. They are not given a unit value unless they are being enhanced, and any loss or deterioration needs a bespoke compensation package agreed with the planning authority ([SI 2024/48](https://www.legislation.gov.uk/uksi/2024/48/contents/made); [GOV.UK](https://www.gov.uk/guidance/how-to-treat-irreplaceable-habitat-for-biodiversity-net-gain)). The original hierarchy still applies to gain plans for applications made before 6 August 2026. ## What must a planning application and gain plan include? At application stage, a developer who believes BNG applies must give the minimum information set out in the regulations, including the pre-development biodiversity value of the site from the statutory metric, the date it was measured, a description of any irreplaceable habitat and a scaled plan of existing habitats ([PPG](https://www.gov.uk/guidance/biodiversity-net-gain)). After permission is granted, a **biodiversity gain plan** must be submitted and approved before the development starts. It must cover: - the pre- and post-development biodiversity value, with the completed metric tool; - how the biodiversity gain hierarchy was followed, and reasons where it was not; - pre- and post-development habitat plans; - any registered off-site gains allocated to the development, and any statutory credits bought; - any irreplaceable habitat and the compensation arrangements. The planning authority has **8 weeks** to decide, unless a longer period is agreed in writing. If it does not decide in time, the applicant can appeal under section 78 of the 1990 Act ([PPG](https://www.gov.uk/guidance/biodiversity-net-gain)). Phased developments have their own arrangements, with an overall plan and a gain plan for each phase. ## How are BNG gains secured for 30 years? ![Watercolour of a weathered five-bar gate in an old hedge opening onto a field left to recover, with young oak saplings in guards, wild carrot and a hovering kestrel.](https://www.pixcellence.co.uk/hubfs/blog/images/bng-rules-30-years-20261029-20261029-112411.webp) The legal security depends on where the gain is made ([GOV.UK, legal agreements](https://www.gov.uk/guidance/enter-a-legal-agreement-for-biodiversity-net-gain)): - **Significant on-site gains** must be secured by a planning condition (separate from the BNG condition) or a legal agreement, for at least 30 years from completion of the development. - **Off-site gains** must be secured by either a section 106 planning obligation with the local planning authority or a conservation covenant with a responsible body designated by the government. The agreement must last at least 30 years from completion of the habitat enhancement works. - **Registration.** Off-site gains must be on the [biodiversity gain sites register](https://www.gov.uk/guidance/search-the-biodiversity-gain-sites-register) and allocated to the development before the gain plan is approved. Agreements are registered as local land charges and bind future owners. Most schemes include a habitat management and monitoring plan setting out the work and a reporting schedule. ## What are the rules for statutory biodiversity credits? Credits are a last resort, sold by Natural England for Defra ([GOV.UK, statutory credits](https://www.gov.uk/guidance/statutory-biodiversity-credits)). The rules are strict: - Developers must show evidence that on-site gains are not possible and that they approached at least three suppliers, habitat banks or trading platforms without finding enough off-site units. This evidence is not needed for shortfalls under 0.25 units. - Two credits must be bought for every biodiversity unit (the spatial risk multiplier). - Credits cannot be used where irreplaceable habitat needs bespoke compensation. - Purchases are non-refundable, tied to one planning permission and cannot be transferred, except to a section 73 variation of the same permission. - Prices run from £42,000 to £650,000 per credit for area habitats, £44,000 for hedgerows and £230,000 for watercourses ([GOV.UK price list](https://www.gov.uk/guidance/statutory-biodiversity-credit-prices)). ## How does BNG apply to nationally significant infrastructure projects? ![Watercolour of electricity pylons crossing open downland restored to chalk grassland with cowslips and orchids, a brown hare in the grass and a skylark overhead.](https://www.pixcellence.co.uk/hubfs/blog/images/bng-rules-infrastructure-20261029-20261029-112405.webp) BNG becomes mandatory for NSIPs under the Planning Act 2008 for development consent order (DCO) applications made on or after **2 November 2026** ([GOV.UK](https://www.gov.uk/guidance/biodiversity-net-gain-nationally-significant-infrastructure-projects)). The rules differ from the planning system: - the 10% applies to the habitats the project affects, not the whole order limits; - gains can be delivered on-site or off-site from the outset; - an outline biodiversity gain plan is needed at application stage; - all on-site habitat used towards BNG counts as a significant on-site gain, secured by a legal agreement or a DCO requirement for at least 30 years from completion of the habitat works ([GOV.UK](https://www.gov.uk/guidance/enter-a-legal-agreement-for-biodiversity-net-gain)). Defra published new NSIP guidance in August 2026 ([Defra blog](https://defraenvironment.blog.gov.uk/2026/08/27/biodiversity-net-gain-for-major-infrastructure-projects-new-guidance/)). ## How is BNG enforced? Failing to meet BNG commitments can be a breach of the planning condition, the planning obligation or the legal agreement ([GOV.UK](https://www.gov.uk/guidance/understanding-biodiversity-net-gain)): - **Planning conditions and section 106 obligations** are enforced by the local planning authority with its normal enforcement powers. - **Conservation covenants** are enforced by the responsible body that holds them. - **DCO requirements** for NSIPs are enforced by the relevant local planning authority. The biodiversity gain condition itself cannot be removed or varied by a section 73 application. The practical test is monitoring: authorities need the capacity to check habitat condition over 30 years. We look at the evidence on this in [the statutory biodiversity metric: strengths and criticisms](https://www.pixcellence.co.uk/blog/statutory-biodiversity-metric-explained-guide). ## What BNG changes are still to come? Not every proposal from the 2025 to 2026 review is in force yet ([Defra, July 2026](https://defraenvironment.blog.gov.uk/2026/07/14/biodiversity-net-gain-amendments-and-transitional-arrangements-published/); [government response, April 2026](https://www.gov.uk/government/consultations/improving-the-implementation-of-biodiversity-net-gain-for-minor-medium-and-brownfield-development/outcome/government-response-and-summary-of-responses)): - further exemptions, including for development whose main purpose is conservation, and for some parks, playing fields and gardens, which need further legislation; - changes to the statutory metric, including how open mosaic habitat is treated and basing spatial risk on LNRS areas, which need a new version of the metric; timing is not confirmed; - a possible exemption for brownfield residential development, consulted on until 10 June 2026, with the response still awaited. Most of the proposed revisions to the Small Sites Metric were not taken forward. ## Frequently asked questions about BNG regulations ### What law requires biodiversity net gain? Schedule 7A of the Town and Country Planning Act 1990, inserted by Schedule 14 of the Environment Act 2021. It makes every planning permission in England subject to a biodiversity gain condition, unless exempt. Detailed rules are in 2024 regulations on commencement, exemptions, irreplaceable habitat and gain plans, amended in 2026 by SI 2026/790. ### When does BNG apply to a planning application? To applications made on or after 12 February 2024 for major development and on or after 2 April 2024 for small (minor) development. Applications made before those dates are not subject to BNG, and nor are reserved matters approvals under an outline permission, because they are not a grant of planning permission. ### What developments are exempt from BNG in 2026? Householder applications; development granted by a development order, including permitted development; de minimis development; sites created for off-site gains; urgent Crown development; the high-speed rail network; and, for applications made from 6 August 2026, sites of 0.2 hectares or less and temporary development of 5 years or less. The last three exemptions do not apply if onsite priority habitat is affected. ### Are self-build homes still exempt from BNG? Not for new applications. The self-build and custom-build exemption no longer applies to planning applications made on or after 6 August 2026. Many self-build plots will instead fall under the new 0.2 hectare exemption, provided no onsite priority habitat is affected. ### What is a biodiversity gain plan? A document submitted to the local planning authority after permission is granted and before development starts. It sets out the pre- and post-development biodiversity values from the statutory metric, how the biodiversity gain hierarchy was followed, any registered off-site gains and any statutory credits bought. The authority has 8 weeks to approve or refuse it. ### How are BNG habitats legally secured? Significant on-site gains are secured by a planning condition or section 106 obligation. Off-site gains need a section 106 planning obligation with the local planning authority or a conservation covenant with a responsible body, lasting at least 30 years from completion of the habitat works, and must be registered on the biodiversity gain sites register. ### Does BNG apply to section 73 applications? It depends on the original permission. If the original permission was applied for or granted before 12 February 2024, a section 73 variation is not in scope. Where the original permission was subject to BNG, an earlier approved gain plan is generally treated as approved unless the changes affect the post-development biodiversity value. ### Does BNG apply to nationally significant infrastructure projects? Yes, for development consent order applications made on or after 2 November 2026. NSIPs must deliver at least 10% net gain on the habitats they affect, can use on- or off-site gains from the outset, and must submit an outline biodiversity gain plan with the application. Make sense of biodiversity net gain Plain-English guides to how BNG works, how the metric scores habitat and what the evidence says. [Read the full BNG guide](https://www.pixcellence.co.uk/blog/biodiversity-net-gain) [How the BNG metric works](https://www.pixcellence.co.uk/blog/biodiversity-net-gain-metric) Sources: [Environment Act 2021, Schedule 14](https://www.legislation.gov.uk/ukpga/2021/30/schedule/14/enacted); [Planning Practice Guidance: biodiversity net gain](https://www.gov.uk/guidance/biodiversity-net-gain); [GOV.UK, exempt developments](https://www.gov.uk/guidance/biodiversity-net-gain-exempt-developments); [GOV.UK, Understanding BNG](https://www.gov.uk/guidance/understanding-biodiversity-net-gain); [GOV.UK, legal agreements](https://www.gov.uk/guidance/enter-a-legal-agreement-for-biodiversity-net-gain); [GOV.UK, statutory credits](https://www.gov.uk/guidance/statutory-biodiversity-credits); [GOV.UK, credit prices](https://www.gov.uk/guidance/statutory-biodiversity-credit-prices); [GOV.UK, BNG for NSIPs](https://www.gov.uk/guidance/biodiversity-net-gain-nationally-significant-infrastructure-projects); [SI 2024/45](https://www.legislation.gov.uk/uksi/2024/45/contents/made); [SI 2024/47](https://www.legislation.gov.uk/uksi/2024/47/contents/made); [SI 2024/48](https://www.legislation.gov.uk/uksi/2024/48/contents/made); [SI 2024/50](https://www.legislation.gov.uk/uksi/2024/50/contents/made); [SI 2026/790](https://www.legislation.gov.uk/uksi/2026/790/contents/made); [Defra, July 2026](https://defraenvironment.blog.gov.uk/2026/07/14/biodiversity-net-gain-amendments-and-transitional-arrangements-published/); [Defra, August 2026](https://defraenvironment.blog.gov.uk/2026/08/27/biodiversity-net-gain-for-major-infrastructure-projects-new-guidance/). 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[Privacy Policy](https://www.pixcellence.co.uk/privacy-policy) ```json { "@context" : "https://schema.org", "@type" : "BlogPosting", "author" : { "@type" : "Person", "name" : "Clwyd Probert", "url" : "https://www.pixcellence.co.uk/blog/author/clwyd-probert" }, "datePublished" : "2026-10-29T11:30:00.000Z", "headline" : "BNG Regulations 2026: Law, Exemptions and Compliance", "image" : [ "https://www.pixcellence.co.uk/hubfs/blog/images/bng-regulations-hero-hero-1.webp" ], "mainEntityOfPage" : { "@id" : "https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations", "@type" : "WebPage" }, "publisher" : { "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.pixcellence.co.uk/hubfs/pixcellence-logo.png" }, "name" : "Pixcellence" } } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#article", "@type" : "Article", "about" : [ { "@type" : "Thing", "name" : "Biodiversity net gain", 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"dateModified" : "2026-10-29T12:00:00Z", "datePublished" : "2026-03-31T14:00:00Z", "description" : "The law behind biodiversity net gain in England: the Environment Act, the 2024 and 2026 regulations, every exemption, transitional rules and gain plans.", "headline" : "BNG Regulations 2026: The Law, Exemptions and Compliance in England", "image" : "https://www.pixcellence.co.uk/hubfs/blog/images/bng-regulations-hero-hero-1.webp", "inLanguage" : "en-GB", "keywords" : [ "BNG regulations", "biodiversity net gain regulations", "BNG exemptions 2026", "BNG 0.2 hectare exemption", "biodiversity gain plan", "Schedule 7A", "BNG self-build", "BNG NSIP" ], "mainEntityOfPage" : { "@id" : "https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#webpage" }, "publisher" : { "@id" : "https://www.pixcellence.co.uk/#organization" }, "wordCount" : 2430 } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#webpage", 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"item" : "https://www.pixcellence.co.uk/", "name" : "Home", "position" : 1 }, { "@type" : "ListItem", "item" : "https://www.pixcellence.co.uk/blog", "name" : "Blog", "position" : 2 }, { "@type" : "ListItem", "item" : "https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations", "name" : "BNG Regulations", "position" : 3 } ] } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.pixcellence.co.uk/blog/biodiversity-net-gain-regulations#faq", "@type" : "FAQPage", "mainEntity" : [ { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "Schedule 7A of the Town and Country Planning Act 1990, inserted by Schedule 14 of the Environment Act 2021. It makes every planning permission in England subject to a biodiversity gain condition, unless exempt. Detailed rules are in 2024 regulations on commencement, exemptions, irreplaceable habitat and gain plans, amended in 2026 by SI 2026/790." }, "name" : "What law requires biodiversity net gain?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "To applications made on or after 12 February 2024 for major development and on or after 2 April 2024 for small (minor) development. Applications made before those dates are not subject to BNG, and nor are reserved matters approvals under an outline permission, because they are not a grant of planning permission." }, "name" : "When does BNG apply to a planning application?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "Householder applications; development granted by a development order, including permitted development; de minimis development; sites created for off-site gains; urgent Crown development; the high-speed rail network; and, for applications made from 6 August 2026, sites of 0.2 hectares or less and temporary development of 5 years or less. The last three exemptions do not apply if onsite priority habitat is affected." }, "name" : "What developments are exempt from BNG in 2026?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "Not for new applications. The self-build and custom-build exemption no longer applies to planning applications made on or after 6 August 2026. Many self-build plots will instead fall under the new 0.2 hectare exemption, provided no onsite priority habitat is affected." }, "name" : "Are self-build homes still exempt from BNG?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "A document submitted to the local planning authority after permission is granted and before development starts. It sets out the pre- and post-development biodiversity values from the statutory metric, how the biodiversity gain hierarchy was followed, any registered off-site gains and any statutory credits bought. The authority has 8 weeks to approve or refuse it." }, "name" : "What is a biodiversity gain plan?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "Significant on-site gains are secured by a planning condition or section 106 obligation. Off-site gains need a section 106 planning obligation with the local planning authority or a conservation covenant with a responsible body, lasting at least 30 years from completion of the habitat works, and must be registered on the biodiversity gain sites register." }, "name" : "How are BNG habitats legally secured?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "It depends on the original permission. If the original permission was applied for or granted before 12 February 2024, a section 73 variation is not in scope. Where the original permission was subject to BNG, an earlier approved gain plan is generally treated as approved unless the changes affect the post-development biodiversity value." }, "name" : "Does BNG apply to section 73 applications?" }, { "@type" : "Question", "acceptedAnswer" : { "@type" : "Answer", "text" : "Yes, for development consent order applications made on or after 2 November 2026. NSIPs must deliver at least 10% net gain on the habitats they affect, can use on- or off-site gains from the outset, and must submit an outline biodiversity gain plan with the application." }, "name" : "Does BNG apply to nationally significant infrastructure projects?" } ] } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.pixcellence.co.uk/#organization", "@type" : "Organization", "logo" : { "@type" : "ImageObject", "url" : "https://www.pixcellence.co.uk/hubfs/Pixcellence-Logo-CLR-Sidelock.png" }, "name" : "Pixcellence", "url" : "https://www.pixcellence.co.uk/" } ``` ```json { "@context" : "https://schema.org", "@id" : "https://www.pixcellence.co.uk/#website", "@type" : "WebSite", "inLanguage" : "en-GB", "name" : "Pixcellence", "publisher" : { "@id" : "https://www.pixcellence.co.uk/#organization" }, "url" : "https://www.pixcellence.co.uk/" } ```