Exemptions

Biodiversity Net Gain became mandatory in England on February 12, 2024, requiring most developments to achieve at least a 10% increase in biodiversity. However, certain developments are exempt from this requirement.

The key exemptions include:

Existing Planning Applications: Applications submitted before February 12, 2024, are not subject to BNG requirements.

Variations of Planning Permission: Modifications to existing permissions (under Section 73) are exempt if the original permission did not include a BNG condition

Developments Below the Threshold: Developments impacting less than 25 square meters (or 5 linear meters for linear habitats) and not affecting priority habitats are exempt.

Householder Applications: Projects within the curtilage of a dwelling house or for its benefit, such as extensions or garages, are exempt.

Self-Build and Custom Housebuilding: Applications for self-build and custom housebuilding are exempt from BNG requirements.

Biodiversity Gain Sites: Developments primarily aimed at enhancing biodiversity to fulfill BNG requirements for other projects are exempt.

High-Speed Rail Transport Network: Developments related to high-speed rail networks, such as HS2, are exempt from BNG.

This information is provided as an indication of a developments qualification to be exempt from BNG rules. Independent advise should be sought from your local planning authority or a suitably qualified person. Further information is outlined in the Biodiversity Gain (Exemptions) Regulations 2024open_in_new.