New BNG Rules and Exemptions Apply from 6 August 2026
The Government has today made a new announcement on BNG.
What’s new?
The new exemption for developments of 0.2ha or under will apply from 6 August 2026.
From 6 August 2026, BNG will not apply to short-term developments if the whole development is temporary or if planning permission is granted for 5 years or less.
Developments creating or enhancing habitats solely or mainly for the purpose of fulfilling the BNG planning condition for another development will be exempt from 6 August. This is because these gain sites are created to offset the BNG for another development.
The self-build or custom build exemption will no longer apply for new planning applications after 6 August 2026.
However, it is important to note that if there is an impact on priority habitat on-site, the exemptions for the above developments do not apply and BNG must be met:
- developments of 0.2ha or below
- developments subject to the ‘de minimis’ rule
- temporary developments
What’s stayed the same?
Government has reiterated the ‘de minimis’ rule. BNG does not apply to developments that impact less than 25m2 (5m by 5m) of on-site habitat within the red line boundary, or on 5m of on-site linear habitats such as hedgerows.
An exemption applies to developments that are part of, or ancillary to, the high-speed railway transport network. This includes connections between all, or parts of the places listed in section 1(2) of the High Speed Rail (Preparation) Act 2013.
The following are exempt by the Environment Act 2021:
- urgent crown developments
- developments that are granted planning permission by a development order (including permitted development rights)
What’s still coming?
We are still expecting further announcements on BNG through the summer. We’ll keep you updated.