Updates to Biodiversity Net Gain Legislation

Recent updates from the government regarding BNG have been announced on the gov.uk website. This will have major implications on development exemptions and streamlining the process of BNG. Below is a summary of the expected changes and timelines.

Defra will bring forward secondary legislation before summer recess 2026 with the intention of changes coming into force before 31 July 2026 (subject to parliamentary scheduling). These regulations will:

·       introduce the new 0.2 hectare area based exemption

·       remove the self and custom build exemption

·       exempt temporary planning permissions granted for a maximum of 5 years

·       amend the biodiversity gain hierarchy for minor development only

Later in 2026 (subject to parliamentary scheduling), following the publication of the government response to the consultation on a possible additional, targeted BNG exemption for brownfield residential development, Defra expects to bring forward secondary legislation to:

·       exempt development whose primary objective is to conserve or enhance biodiversity

·       exempt targeted development that enhances parks, playing fields and public gardens

Dependent on the outcome of the consultation on a possible BNG exemption for brownfield residential development, this secondary legislation could also include:

·       changes to the de minimis threshold

·       the introduction of a new, targeted exemption for residential brownfield development if taken forward following consultation

For full details can be found on the government website: HERE