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ARTICLE · 29 JULY 2026

Reducing The BNG Burden For Smaller Developers

Womble Bond Dickinson
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New regulations aim to reduce disproportionate process and cost burdens for smaller developers in biodiversity net gain requirements. Changes include exemptions for developments under 0.2 hectares and temporary projects of five years or less, while maintaining expectations for nature-friendly features in development projects.

United KingdomReal Estate and Construction
Hannah Cottam
Hannah Cottam
Sara Wex
Sara Wex
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New regulations(*) aim to reduce disproportionate process and cost burdens for smaller developers. Note that it is still expected that developments will seek to incorporate 'nature friendly features'.

The following changes will come into effect on Thursday 6 August 2026:

  • A new exemption for development on sites below 0.2 hectares, meaning the smallest developments will not be required to deliver mandatory BNG (unless onsite priority habitat is negatively impacted
  • A new exemption for temporary development which is five years or less (unless onsite priority habitat is negatively impacted);
  • Modification of the biodiversity gain hierarchy for minor development. This will mean that minor sites which are not exempt form BNG (e.g. over 0.2 hectares) can choose to go straight to off-site in the first instance

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