TheAny planning applications for developments listedmade inbefore this12 guideFebruary 2024 are exempt from BNG rules..

Existing planning applications 

Small developments

IfAny a planning applicationapplications forfor small a(‘minor’) developments made development was made before day2 oneApril of2024 mandatoryare exempt from BNG. 

Read what constitutes ona small 12 February 2024, the development is exempt from BNG.

Variations of planning permission

Transitional arrangements also apply for variations to existing planning permissions. For example, where the original planning permission was not in scope of BNG, BNG will not apply to future variations in most cases.

There is more information in the planning practice guidance.

DevelopmentsHouseholder belowapplications

These are small projects householders carry out in their own homes. They can include:  

• home extensions 
• conservatories 
• loft conversions 

These applications are defined within article 2(1) of the thresholdTown and Country Planning (Development Management Procedure) (England) Order 2015.

Developments of 0.2 hectares or below

AFrom 6 August development2026, BNG that does not impactapply ato planning priorityapplications habitatfor anddevelopments where impactsthe site area within the red line boundary is 0.2 hectares or below.

Developments subject to the ‘de minimis’ rule

BNG does not apply to developments that impact less than:   

• 25 square metres (5m by 5m) of on-site habitat   habitat  within the red line boundary
• 5 metres of on-site linear habitats such as hedgerows

AThis developmentrule ‘impacts’is acalled habitat if it decreases the biodiversity‘de value.   minimis’ exemption.

Temporary developments

FindFrom 6 August out2026, moreBNG aboutdoes thisnot exemption.apply to short-term developments if:

Householder

• the applications

whole development is temporary

planning permission is granted for 5 years or less

Self-build and custom build applications

Self-build

Your andself-build or custom build applications

is exempt from BNG if you apply for:

• planning permission before 6 August 2026 
• a variation of planning permission on or after 6 August 2026, and the original planning permission was exempt

You must also meet all of the following conditions to qualify for an exemption as a self-build or custom build.

The developmentIt must:  

• consist of no more than 9 dwellings 
• be on a site that has an area no larger than 0.5 hectares    
• consist exclusively of dwellings that are self-build or custom housebuilding as defined in section 1(A1) of the Self-build and Custom Housebuilding Act 2015

Find out more about what qualifies as self-build and custom housebuilding.

BiodiversitySites gaincreated sitefor off-site BNG gains

Developments undertakencreating mainlyor forenhancing habitats solely or mainly for the purpose of fulfilling the the BNG planning planning condition for another development are exempt.

This is because these gain sites are created to offset the BNG for another development.

High speed rail transport network

An exemption applies to anydevelopments developmentthat formingare part of, or ancillary to, the high-speed railway transport network,network. comprisingThis includes connections between allall, or anyparts of the places orlisted parts of the transport network specified in section 1(2) of the High Speed Rail (Preparation) Act 2013.

Other exemptions

The following are exempt by the Environment Act 2021:

• urgent crown developments 
• developments that are granted planning permission by a development order (including permitted development rights)

Further information

There is more guidance from Ministry of Housing, Communities and Local Government (MHCLG), including on:

• variations of planning permission
• the ’de minimis’ exemption – including what evidence you may need to submit to show this exemption applies
• temporary development exemption

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