In May last year (2025), the government published two consultations relating to biodiversity net gain (BNG) asking for suggestions on how the existing system could be improved, and how BNG could apply to major infrastructure schemes.
Consultation paper on improving the implementation of biodiversity net gain for minor, medium and brownfield development
This set out various options to change the BNG approach, including changes to exemptions to the BNG requirement.
On 16 December 2025, the Housing Secretary made a statement that confirmed that:
"(…) the government will exempt smaller developments up to 0.2 hectares from BNG, and introduce a suite of other simplified requirements to improve the implementation of BNG on small and medium sites that are not exempted."
The Statement also announced that Defra would consult on an additional targeted exemption for brownfield residential development, testing the definition of land to which it should apply and a range of site sizes up to 2.5 hectares.
A full consultation response and implementation timeline is expected to be published in early 2026.
BNG for NSIPs
The consultation document states that the government intend for the BNG requirement to apply to NSIPs applications that are made after the 'go-live' date in May 2026.
Next steps
At the date of this short update the governments' responses to consultation had not yet been published.
The consultation on the National Planning Policy Framework: proposed reforms and other changes to the planning system (16.12.25), includes a proposed policy change to limit the circumstances in which plans may seek biodiversity net gain contributions which exceed the statutory requirement. Whether that will be implemented will depend on the outcome of the consultation which closes on 10 March 2026. However, the consultation text states that:
"(…) the government has set out its intentions for applying BNG easements and exemptions for different categories of site, and will set out details outside of this NPPF consultation in the New Year."
At the date of this update, this had not been published.
On 12 January 2026 a question was asked in Parliament regarding BNG and was answered by the Parliamentary under Secretary of State for Environment, Food and Rural Affairs, Mary Creagh. She stated that the department would publish Government responses to the BNG consultations in the new year. She also stated that the responses would be:
"(…) accompanied by evidence annexes which will include the proportion of developments expected to be exempt from BNG following the changes announced in December." She again confirmed that in December "the Government announced it is proposing to introduce an area-based exemption for small sites that are 0.2 hectares or less and will also consult on an additional targeted exemption for residential brownfield development." (…) "The Government is also introducing BNG for Nationally Significant Infrastructure Projects next year, which will support demand for units from the BNG off-site market."
Until further measures are consulted on and until any measures are implemented, which will require secondary legislation in some cases, BNG continues to apply in its current form and developers should continue to follow existing guidance and legislation when delivering BNG – see the Biodiversity Net Gain Planning Practice Guidance (PPG) for further details.
This article is for general information only and reflects the position at the date of publication. It does not constitute legal advice.
