BNG update: exemptions and further consultation
Following the 2025 public consultation into improving the implementation of biodiversity net gain (BNG) for minor, medium and brownfield development, the Government has announced the following:
- Removal of the self and custom build exemption. The Government expects that small scale single dwellings will be covered by the new area based exemption.
- The Government announced in December 2025 a new 0.2 hectare area-based exemption for all applications, regardless of the development type. The existing de minimis exemption will continue to apply at this stage.
- Temporary planning permissions granted for a maximum of 5 years will be exempt from the BNG regime.
- Amendments to the biodiversity gain hierarchy for minor development, placing off-site biodiversity gains on the same preference as enhancement and creation of onsite habitat.
All of the above are now expected to take effect before 31 July 2026 (subject to parliamentary scheduling) with draft legislation being tabled by DEFRA.
A new consultation has also now been launched on an exemption for residential development on brownfield land, closing in June 2026. The Government expects to bring forward any amendments arising from that consultation later in 2026.
The Government has reiterated its commitment to the BNG regime and these new announcements appear to show an attempt to strike a balance between this position and its commitment to support development, particularly in respect of house-building targets. From a local authority perspective, these amendments are likely to mean determination of smaller applications can progress faster without consideration of the requirements of the BNG regime.
Subcribe to news and viewsThe government remains committed to BNG and recognises the importance of BNG in delivering nature-positive homes and infrastructure that this country needs.
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#government-response-part-1-improving-exemptions
