Biodiversity: Property Development
The question
To ask the Secretary of State for Environment, Food and Rural Affairs, on what date she plans to lay regulations to introduce the Biodiversity Net Gain exemption for small scale self-build and custom build developments.
Answered by Mary Creagh
As announced on 15 April 2026 in the Government’s response to the consultation on Improving Biodiversity Net Gain (BNG) for minor, medium and brownfield development, Defra will bring forward secondary legislation before summer recess 2026 with the intention of changes coming into force at the end of July / early August 2026 (subject to parliamentary scheduling). These regulations will:
- introduce a new 0.2-hectare area-based exemption so that developments under this size threshold will not be subject to BNG.
- remove the current self and custom build exemption.
- exempt temporary planning permissions granted for a maximum of five years from BNG requirements.
- amend the biodiversity gain hierarchy for minor development.
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