Statutory Diligence GuideUpdated October 2026Follow on Google★

What Are the Statutory Rules for Biodiversity Net Gain (BNG) in 2026?

Statutory Source: Environment Act 2021 & Town and Country Planning Act 1990 (Schedule 7A)

Quick Answer: What Are the Statutory Rules for Biodiversity Net Gain (BNG) in 2026?

In 2026, statutory Biodiversity Net Gain is mandatory for all major developments (since February 2024), small residential sites (since April 2024), and Nationally Significant Infrastructure Projects (NSIPs, mandated in 2026). Key statutory requirements include: (1) A legally binding minimum 10.0% net gain over pre-development baseline, (2) Submitting an approved Biodiversity Gain Plan before commencement of works, (3) Securing habitat enhancements for a minimum 30-year maintenance period via Section 106 agreements or Conservation Covenants, and (4) Registering off-site gains on Natural England's National Biodiversity Gain Site Register.

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Statutory Exemptions from Mandatory BNG

While BNG is universal for new developments, the Environment Act 2021 provides specific statutory exemptions where 10% uplift is not required:

1. Householder Applications: Minor domestic house alterations, loft conversions, detached single garages, and conservatories.

2. De Minimis Threshold: Developments that do not impact any priority habitat and impact less than 25 square metres of non-priority habitat (or less than 5 metres of linear habitat).

3. Self-Build and Custom Build: Sites comprising 9 or fewer dwellings on sites no larger than 0.5 hectares, carried out by self-builders.

4. Biodiversity Gain Sites: Developments undertaken solely to enhance biodiversity habitats.

5. High Speed 2 (HS2): Specific statutory railway works exempt under royal assent legislation.

Statutory BNG Regime Comparison: Major vs Small vs Exempt Sites
Development CategorySite Threshold CriteriaMetric Calculation ToolStatutory Deadline
Major Residential10+ dwellings or site area >= 0.5 haStatutory Biodiversity Metric (Full)Mandatory since 12 Feb 2024
Major CommercialFloor space >= 1,000 m² or area >= 1 haStatutory Biodiversity Metric (Full)Mandatory since 12 Feb 2024
Small Residential1 to 9 dwellings on sites < 0.5 haSmall Sites Metric (SSM)Mandatory since 2 April 2024
Householder WorksDomestic extensions, outbuildingsExempt (No metric required)Statutorily Exempt
De Minimis SitesImpacts < 25 m² non-priority habitatExempt (Exemption self-declaration)Statutorily Exempt

Legal Enforcement: The 30-Year Conservation Covenant

Habitat gains cannot be temporary. The developer must enter into a formal Section 106 planning obligation with the council or execute a statutory Conservation Covenant under Part 7 of the Environment Act 2021 with a designated Responsible Body.

The covenant binds the land for at least 30 years and requires monitoring reports to be submitted to the local authority at years 1, 2, 5, 10, 20, and 30.

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Environment Agency FloodingSurface water, rivers & sea risk bands
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UKHSA Radon Gas PotentialOfficial radon class & protection rules
HM Land Registry PricesHistorical transactions & tenure type
EPC Energy & RdSAP SpecsOfficial construction era & wall fabric
Planning Applications BufferRecent nearby planning notices (500m)
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Official Primary Verification Registers

Cross-reference property diligence across verified UK government open registers under the Open Government Licence v3.0:

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Official Statutory Notice & Guidance:

This guide is compiled for informational due diligence referencing official statutory records from Environment Act 2021 & Town and Country Planning Act 1990 (Schedule 7A) under the Open Government Licence v3.0. Legal titles and physical structural condition should always be independently inspected by a qualified conveyancing solicitor and chartered RICS surveyor prior to legally binding property commitments.