What Has Changed?
Exemption for Sites of 0.2 Hectares or Less
Where a red line boundary is 0.2 hectares or less on your development, you may now be exempt from mandatory BNG requirements, provided no priority habitat has been negatively affected.
If a priority habitat has been negatively affected, it will disqualify eligibility for BNG exemption.
Temporary Developments Exemption
Temporary developments may be exempt where all impacts are temporary and the baseline habitat and condition can be restored within five years from application. Again, no priority habitats must be affected.
This provides a clearer route for temporary schemes that previously may have fallen within the scope of mandatory BNG.
Modified Biodiversity Gain Hierarchy
Offsite BNG solutions are now available to minor developments without the need to demonstrate that on-site options have been exhausted.
This comes as the Biodiversity Gain Hierarchy is modified, giving minor developments greater flexibility in how they achieve compliance.
Removal of Self-Build & Custom-build Exemption
Self-build and custom-build developments are no longer automatically exempt from BNG and may now require assessment unless another exemption applies.
Projects commencing on or after 6th August will now need to be assessed against updated regulations and will require biodiversity surveys, metric calculations and gain plans.
What It Means For Developers
Small Sites
If your red line boundary is 0.2 hectares or less, you may be exempt from mandatory BNG regulations, subject to priority habitat restrictions.
It remains important for developers to establish whether any ecological constraints exist on their site before assuming a BNG exemption applies.
Minor Sites
Minor Sites will enjoy a more flexible route to compliance (typically sites under 0.5ha in size and/or residential developments of below 9 dwellings).
For projects with limited space for on-site enhancements, the ability to use off-site solutions more readily removes barriers to compliance and could save time.
Self-Build and Custom-Build
Self-build and custom-build developments will need to seek relevant BNG assessments to comply with changing regulations.
Those now planning a project that falls under the self-build or custom-build category commencing on or after the 6th August 2026 will require ecological assessments and biodiversity gain calculations as part of their planning process.
Temporary Works
A wider range of temporary works will fall outside the scope of mandatory BNG due to a modified Biodiversity Gain Hierarchy.
To qualify for BNG exemption, developers will need to ensure habitats can be restored and the relevant criteria can be met.
Navigating the New Rules? Speak To Us
Do you have an upcoming project affected by the new BNG rules? Our BNG Specialists can help you understand how the changes apply to your project, identify any ecological risks early, and develop a practical route to compliance where required.
Whether you're planning a small development, progressing a self-build project, or exploring off-site BNG options, we're here to support you.
Fill in the contact form below or call us on: 01913 037 805 to discuss your project.
