Additional BNG exemptions from August 6th

The four key changes taking effect from 6 August 2026.

Proposed Changes:

1. Development sites smaller than 0.2 hectares / 0.49 acres (red line application area) will be exempt from BNG. However, this exemption does not apply where priority habitats are affected (e.g. native hedgerows, woodland, certain ponds, grassland etc.) – these sites will still be subject to BNG.
2. Self-build/custom will no longer be exempt.
3. Temporary permissions (up to 5 years) become exempt from BNG.
4. The biodiversity gain hierarchy for will be revised for minor development, allowing developers to go straight to off-site units, avoid long-term (30 year) onsite habitat management costs and constraints. This does not affect the ecological mitigation hierarchy, so these sites may still require a Preliminary Ecological Appraisal (PEA) or other ecological surveys to support a planning application.

Transitional Arrangements:

1. No retrospective effect: Planning applications submitted, or permissions granted, before 6 August 2026 will continue to be assessed under the existing BNG regulations.
2. Section 73 applications: A Section 73 application cannot be used to remove BNG obligations from a development approved under the previous rules. To take advantage of the new 0.2-hectare exemption, a fresh planning application must be submitted on or after 6 August 2026.