25 June 2025
For developers, landowners, and planning professionals, understanding and complying with these requirements is essential for a successful project in 2025 and beyond.
We offer expert guidance to ensure your development aligns with the latest planning policies and biodiversity standards. Here’s what you need to know:
What Is Biodiversity Net Gain?
Biodiversity Net Gain (BNG) requires developers to enhance the biodiversity value of land by at least 10% compared to its pre-development condition. This policy is part of the Environment Act 2021, which mandates that all major developments (and increasingly, smaller projects) must result in a net improvement to natural habitats.
BNG must be delivered for a minimum of 30 years, ensuring that the improvements are sustainable in the long term.
Who Does BNG Apply To in 2025?
As of April 2024, the BNG requirement applies to most new developments in England, including:
Some exemptions still apply, such as householder applications, small-scale commercial builds, and self-build homes under certain thresholds. However, even smaller projects are increasingly encouraged to consider biodiversity enhancements.
What Do Developers Need to Do?
For compliance, you must:
This Biodiversity Gain Plan must be submitted to your Local Planning Authority (LPA) for approval before planning permission is granted.
Key Legal and Practical Considerations
We can help you navigate the legal complexities of these new requirements. Here’s where our expertise can support your project:
Failing to meet BNG requirements can lead to delays, additional costs, and potentially, the rejection of your planning application. Proactive legal and ecological planning is critical to avoid these pitfalls.
Habitat Banks and Biodiversity Credits: An Alternative
When on-site enhancements aren’t feasible, developers can purchase biodiversity credits or invest in habitat banks, areas of land that have been pre-restored and are legally protected to offset development impacts.
These credits can be a cost-effective way to meet BNG obligations, but as of 2025, there are concerns about the availability and quality of these credits. Developers must ensure they’re purchasing credits from reputable sources, as improperly managed habitat banks can lead to poor environmental outcomes.
How We Can Help You Achieve Compliance
We offer comprehensive legal advice for developers, landowners, and businesses, including:
By working closely with our planning and property solicitors, you can ensure your development meets these new regulations and contributes positively to environmental sustainability.
Get in Touch with Us
As BNG becomes more embedded in planning law, it’s crucial to get ahead of these requirements. Contact us to discuss how we can assist with your development, whether you’re dealing with a small-scale project or a major infrastructure development.
Call us today: 01202 526343
Email our Planning Team: Land Development Solicitors | Expert Guidance | AB Solicitors
