Biodiversity net gain · England
Biodiversity net gain: the 10% requirement, step by step
Biodiversity net gain is a condition on almost every planning permission in England: the development must leave the site’s habitat at least 10% better than it found it, measured with a statutory metric.
It is set by Schedule 7A to the Town and Country Planning Act 1990, and development cannot begin until a biodiversity gain plan is approved.
This page sets out the biodiversity net gain requirements in the order a developer meets them, with a detailed guide for each step.
The condition
What biodiversity net gain requires
Schedule 7A deems every planning permission in England to be granted subject to a condition that the development may not begin until a biodiversity gain plan has been submitted and approved.
The plan must show that the biodiversity value attributable to the development exceeds the pre-development value of the on-site habitat by at least 10%.
That value is a total of three things: on-site habitat after development, registered off-site gain allocated to the development, and any statutory credits bought for it.
So the 10% does not have to be delivered on the site itself, although the statutory hierarchy says to try there first.
Schedule 7A was inserted into the 1990 Act by Schedule 14 to the Environment Act 2021, which sits beside the strengthened biodiversity duty in Part 6 of the same Act.
Because the condition is deemed, a planning authority does not refuse an application for failing BNG: the gain is tested after permission, when the plan is submitted.
How the 10% is counted
The three together must exceed the baseline by at least 10%.
Commencement
Four commencement dates, not three
BNG was switched on in stages, and the date most often quoted for small sites was never a commencement at all.
| Development | In scope from | Instrument | What the date means |
|---|---|---|---|
| Part 3 applications, major and minor | 12 February 2024 | SI 2024/44 | Schedule 7A commenced for all Part 3 applications, other than section 73A retrospective permissions. |
| Minor ("small") development | 2 April 2024 | SI 2024/47 reg 3 | A temporary exemption lapsed; minor development was already in scope. |
| Crown development (Part 13) | 1 May 2025 | SI 2025/447 reg 2 | The limb most summaries leave out. |
| Nationally Significant Infrastructure Projects | 2 November 2026 | Biodiversity gain statements | Machinery commenced 7 May 2026; the objective applies to DCO applications made on or after 2 November 2026. |
Some development is exempt, and the exemptions changed for applications made on or after 6 August 2026 under SI 2026/790.
Two new exemptions arrived, for sites of 0.2 hectares or less and for temporary development, and the self-build exemption was removed for new applications.
The full list, the transitional rules and a decision checker are on the BNG exemptions page, which also covers what the government’s exempt developments guidance says.
Compliance, in order
The five steps from survey to 30-year duty
Each step has its own guide on this site. Together they are the biodiversity net gain guidance a developer needs from site appraisal to completion.
Step 1
Check whether an exemption applies
Householder, de minimis, sites of 0.2 hectares or less, temporary development and the rest, with the 6 August 2026 changes.
Step 2
Measure the baseline with the statutory metric
Three unit types, distinctiveness, condition and strategic significance, and the trading rules.
Step 3
Close any gap with off-site units or credits
The register, how allocation works, statutory credit prices and the spatial risk multiplier.
Step 4
Submit the biodiversity gain plan
What the template asks for, section by section, the eight-week decision and the right of appeal.
Step 5
Maintain the habitat for 30 years
Planning conditions, section 106 obligations and conservation covenants, and who monitors what.
The gain hierarchy
On-site first, credits last — and it is statutory
The order in which a developer delivers the gain is set in law, in article 37A of the Development Management Procedure Order 2015, not only in guidance.
For major development the order runs: avoid and mitigate harm to higher-distinctiveness habitat, then enhance on-site habitat, then create it, then use registered off-site gain, and only then buy statutory credits.
For development that is not major, applications made on or after 6 August 2026 treat on-site enhancement, on-site creation and off-site gain as equally preferred, with credits still last.
A gain plan must explain how the hierarchy was applied and give reasons for any departure, and the planning authority must take into account the reason, or the absence of one.
The government’s overview of BNG describes the same sequence in plain terms.
| Order | Major development | Non-major, from 6 Aug 2026 |
|---|---|---|
| 1 | Avoid, then mitigate, harm to habitat of distinctiveness score 4 or more | Same |
| 2 | Enhance on-site habitat | Enhance or create on-site habitat, or use registered off-site gain — equal preference |
| 3 | Create on-site habitat | — |
| 4 | Registered off-site gain | — |
| 5 | Buy statutory biodiversity credits | Buy statutory biodiversity credits |
For housing developers
How housing developers create a BNG plan
“How do housing developers create a BNG plan?” is the question most readers of this page arrive with.
The answer starts before the planning application: a habitat baseline survey, done early enough to shape the layout, is what makes an on-site 10% achievable.
That survey and the calculation that follows are what most people mean by a “BNG assessment”: a habitat baseline, a condition assessment for each parcel, and the metric run on the baseline and on the proposed scheme.
The statutory metric user guide says the calculation should be completed by a competent person, and the small sites metric is available only for development that is not major, with no priority habitat, protected sites or European protected species on site.
Once permission is granted, the developer submits the plan on the government’s template, and the planning authority has eight weeks to approve or refuse it under the DMPO.
The plan itself, section by section, and phased developments, are covered in the biodiversity gain plan guide.
How the units are calculated, and why the three types cannot be traded against each other, is in the statutory biodiversity metric guide.
The developer’s sequence
- AppraisalBaseline habitat survey
By a competent person such as an ecologist, before the layout is fixed.
- DesignRun the metric on baseline and scheme
Area, hedgerow and watercourse units, each needing 10%.
- ApplicationSecure off-site units if needed
From the register, or register your own land.
- Post-permissionSubmit the gain plan
The authority has eight weeks to decide.
- CommencementStart only once approved
Then maintain significant gains for 30 years.
The long tail
Thirty years of management and monitoring
The 30-year duty is narrower than it is usually described.
Under paragraph 9 of Schedule 7A, an on-site increase counts only if it is maintained for at least 30 years, and only where the planning authority considers the increase significant relative to the baseline.
It is secured by a planning condition, a section 106 planning obligation or a conservation covenant.
Off-site gains are secured by a section 106 obligation or a conservation covenant, for at least 30 years from the date the habitat enhancement works are finished, according to Defra’s guidance on legal agreements.
For on-site gains on development that needs planning permission, the 30 years run from the date the development is completed.
To count towards the 10% at all, an off-site gain must be registered: Schedule 7A counts only “registered offsite biodiversity gain” allocated to the development.
That long horizon is what created the market in off-site units, covered on the units, credits and register page.
A development whose on-site gain the authority does not consider significant carries no 30-year maintenance condition on that gain.
Never describe BNG as a 30-year obligation over every development site.
Infrastructure
Nationally Significant Infrastructure Projects from 2 November 2026
For Nationally Significant Infrastructure Projects, BNG runs under Schedule 2A to the Planning Act 2008, not Schedule 7A.
SI 2026/492 commenced that machinery on 7 May 2026.
It operates only through biodiversity gain statements, ten of them by sector, which apply the objective to development consent applications made on or after 2 November 2026.
The percentage in each statement must be at least 10%, so 10% is a floor for NSIPs, not a fixed figure.
The maintenance period is whatever the statement specifies: the 30 years in Schedule 7A does not carry across automatically.
7 May 2026: SI 2026/492 commenced the NSIP machinery.
2 November 2026: the objective applies to DCO applications made on or after this date, under the gain statements themselves.
Reporting
BNG, the biodiversity duty and nature disclosure
BNG is a site-level planning obligation, not a corporate reporting standard.
Planning authorities do report on it: section 40A of the NERC Act 2006 requires their biodiversity reports to summarise their BNG functions and the gains expected from approved plans, covered in biodiversity duty reporting.
For companies, nature disclosure is voluntary and framework-led, chiefly through the TNFD recommendations, which our page on TNFD and nature-related reporting covers.
A developer or landowner that delivers BNG holds measured baselines, secured gains and monitoring reports, which is the kind of site-level evidence those frameworks ask for.
The UK Sustainability Reporting Standards are climate-focused, and nature enters only where it is financially material under UK SRS S1.
For listed companies in scope, the FCA’s final rules in PS26/19 apply UK SRS on a comply-or-explain basis from accounting periods beginning on or after 1 January 2027, with a two-year relief for S1 matters beyond climate.
For where BNG sits among every UK disclosure duty, see our ESG reporting requirements map or the independent ESG reporting requirements reference.
To talk a specific site through, you can book a free 15-minute call.
Frequently asked
Questions people ask
What is biodiversity net gain?
Biodiversity net gain (BNG) is a condition attached to most planning permissions in England. The biodiversity value attributable to a development must exceed the pre-development value of the site by at least 10%, measured with the statutory biodiversity metric. Development may not begin until the planning authority has approved a biodiversity gain plan showing how that will be met.
What are the biodiversity net gain requirements?
Four things: a 10% gain over the site baseline, measured separately for area habitat, hedgerow and watercourse units; delivery through the statutory hierarchy of on-site habitat first, then registered off-site units, then statutory credits as a last resort; an approved biodiversity gain plan before commencement; and maintenance of significant on-site gains and all off-site gains for at least 30 years.
When did biodiversity net gain become mandatory?
For all planning applications under Part 3 of the Town and Country Planning Act 1990, major and minor, on 12 February 2024. Minor development was temporarily exempt for applications made before 2 April 2024, which is why that date is often quoted, but it was never a separate commencement. Crown development came into scope on 1 May 2025, and for Nationally Significant Infrastructure Projects the requirement applies to development consent applications made on or after 2 November 2026.
How do housing developers create a BNG plan?
Start with a habitat baseline survey by a competent person, such as an ecologist, before the layout is fixed. Run the statutory metric on the baseline and on the proposed scheme, then design the gain through the hierarchy: on-site habitat first, registered off-site units next, statutory credits last. After planning permission is granted, submit a biodiversity gain plan on the government template with the metric, pre- and post-development habitat plans and any off-site or credit evidence. The planning authority has eight weeks to decide, and work cannot start until it approves.
Which developments are exempt from BNG?
For new applications: householder applications, de minimis development, the High Speed Rail network, biodiversity gain sites serving another development, and, from 6 August 2026, sites of 0.2 hectares or less and wholly temporary development of up to five years where no on-site priority habitat is affected. The self-build exemption was removed for applications made on or after 6 August 2026.
What if I cannot achieve 10% on site?
Use registered off-site units, bought from a biodiversity gain site on Natural England's register or created on your own land and registered. Only if that is not possible may you buy statutory biodiversity credits from the government. Credits are priced from £42,000 to £650,000 each, and you need two credits for every unit you are short.
How long do BNG obligations last?
At least 30 years. For significant on-site gains, the habitat must be maintained for at least 30 years after the development is completed, secured by a planning condition, a section 106 planning obligation or a conservation covenant. Off-site gains are secured the same way, for at least 30 years from completion of the habitat works.
Does biodiversity net gain apply in Wales or Scotland?
No. The Schedule 7A condition applies to planning permission in England. Wales, Scotland and Northern Ireland have their own planning systems.
How much does biodiversity net gain cost?
The only prices the government publishes are for statutory biodiversity credits, the last-resort option, from £42,000 to £650,000 per credit as at 2 June 2026, with no VAT. Defra and Natural England do not set off-site unit prices, which are agreed between buyer and seller, and ecological survey costs depend on the site. This page gives no market range for either.
Sources
Primary sources
Every figure, date and status on this page traces to the instrument’s owner. Secondary commentary is never the source for a number.
- legislation.gov.ukTown and Country Planning Act 1990, Schedule 7A — biodiversity gain as condition of planning permission
¶2 the 10% objective and its three-part numerator; ¶9 the 30-year condition for significant on-site gains; ¶13 the deemed pre-commencement condition.
- legislation.gov.ukEnvironment Act 2021, Schedule 14 (as enacted)
Inserted Schedule 7A into the 1990 Act.
- legislation.gov.ukEnvironment Act 2021, Part 6 — nature and biodiversity
The wider framework: the strengthened biodiversity duty, local nature recovery strategies and BNG.
- legislation.gov.ukSI 2024/44 — Environment Act 2021 (Commencement No. 8 and Transitional Provisions) Regulations 2024
Commenced BNG for all Part 3 applications from 12 February 2024.
- legislation.gov.ukSI 2025/447, regulation 2 — commencement for Crown development
Part 13 applications in scope from 1 May 2025.
- legislation.gov.ukSI 2026/492 — commencement of the NSIP provisions
Section 99 and Schedule 15 in force 7 May 2026.
- legislation.gov.ukSI 2026/790 — Biodiversity Gain (Amendments and Transitional Provisions) (England) Regulations 2026
In force 6 August 2026: new exemptions, self-build exemption removed, hierarchy amended for non-major development.
- legislation.gov.ukDevelopment Management Procedure Order 2015, Part 7A (arts 37A–37E)
The statutory gain hierarchy, gain plan content, the eight-week decision period and appeals.
- legislation.gov.ukPlanning Act 2008, Schedule 2A — biodiversity gain for NSIPs
¶3(2): the percentage in a gain statement must be at least 10%.
- Defra / Natural EnglandUnderstanding biodiversity net gain
The government's overview of the condition, the hierarchy and maintenance.
- MHCLGPlanning practice guidance: biodiversity net gain
How the deemed condition, gain plans, exemptions and variations work in the planning system.
- DefraBiodiversity net gain: exempt developments (last updated 6 August 2026)
Each exemption as the government describes it.
- Defra / Natural EnglandCalculate biodiversity value with the statutory biodiversity metric
Who should run the metric and the small sites metric's limits.
- DefraBiodiversity gain statements for Nationally Significant Infrastructure Projects
The ten statements; the objective applies to DCO applications made on or after 2 November 2026.
- DefraStatutory biodiversity credit prices (last updated 2 June 2026)
Tier prices, the spatial risk multiplier and the no-VAT statement.
- DefraEnter a legal agreement for biodiversity net gain (last updated 2 June 2026)
Section 106 obligations and conservation covenants; when the 30-year period starts for on-site and off-site gains.
- legislation.gov.ukNERC Act 2006, section 40A — biodiversity reports
Planning authorities report on their BNG functions in their biodiversity report.
- TNFDRecommendations of the Taskforce on Nature-related Financial Disclosures (v1.0, September 2023)
The voluntary corporate nature-disclosure framework.
Continue reading
Read next
The biodiversity gain plan
Section by section against the template, with timing, approval and appeals.
The statutory biodiversity metric
How units are scored, the trading rules and the official tools.
BNG exemptions
Every exemption, the 6 August 2026 changes and a decision checker.