BNG Update: Additional Exemptions

On 6 August 2026, further exemptions from BNG came into force.

The Biodiversity Gain (Town and Country Planning) (Amendments and Transitional Provisions) (England) Regulations 2026 brought in several changes, namely

1) Introduction of a new 0.2 hectare exemption, meaning that smaller developments will not be required to provide mandatory BNG (unless onsite priority habitat is negatively impacted)

2) Introduction of a temporary development exemption, for land which is to be reinstated within a period of 5 years or less (unless onsite priority habitat is negatively impacted)

3) Modification of the biodiversity gain hierarchy for minor development, meaning that minor sites which aren’t exempt from BNG (e.g. over 0.2 hectares) can choose to go straight to offsite in the first instance