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Not all developments are caught by the new BNG rules. This article explains which projects are exempt from Biodiversity Net Gain—like small home extensions, self-builds, or tiny rural developments—and how to check if the rules apply to you.
Not every bit of development on your land is caught up in the new Biodiversity Net Gain (BNG) rules. While BNG has become a must-do for most new building projects in England, the government has made some sensible exceptions. If you're thinking about putting up a barn, extending a house, or building a handful of custom homes on your land, it’s worth checking whether these new nature rules even apply to you.
Let’s dig into the main types of development that are exempt—and what that means for landowners like you.
When we say a development is “exempt” from BNG, we mean you don’t need to deliver the mandatory 10% uplift in biodiversity as part of your planning permission. No need for biodiversity gain plans, habitat assessments, or long-term management commitments. It’s a free pass—but only if you fall within certain criteria.
These exemptions are written into legislation and confirmed through planning guidance. They’re there to make sure the BNG rules are focused on meaningful developments—those that have a real potential to impact wildlife or habitats.
1. Householder applications
This is one of the most straightforward exemptions and it covers the likes of:
So, if Eleanor’s thinking of modernising the farmhouse with a bigger kitchen or adding a guest annex, BNG doesn’t need to be on her radar. These projects fall under the “householder application” category and are automatically exempt.
2. Tiny developments under the threshold
There’s a small-scale exemption for developments that don’t make a significant dent in local habitats. You’re likely exempt if your plans affect:
This only applies if your project doesn’t touch a priority habitat—the ones identified as particularly important for conservation (like ancient woodland, peatland, or species-rich grassland).
For rural landowners putting in a small track, farm office, or minor utility works, this exemption could be a helpful one.
3. Self-build and custom housebuilding (up to 9 homes)
This exemption is designed to encourage small-scale, personal development projects. To qualify, your site must:
So, if you're dividing off a portion of land for your children to build their own homes—or exploring small-scale diversification—you might fall within this exemption. Just make sure each dwelling qualifies as self-build under the official definition.
4. Existing planning applications (before February 2024)
If you submitted your planning application before 12 February 2024, you’re in the clear. The BNG rules don’t apply retrospectively. This also includes certain Section 73 applications (variations to existing permissions) if the original permission predates the new BNG rules.
This gives some breathing room to landowners who’ve been planning developments for a while and were already deep into the application process.
5. Biodiversity gain sites (supporting another development)
Let’s say you’re working with a developer and offering part of your land as a habitat restoration site to help them meet their BNG duties. That “gain site” itself is exempt from BNG requirements. It’s already delivering the gain for someone else’s project, so it doesn’t need to meet BNG again.
6. High speed rail and other niche categories
Certain large infrastructure schemes, like the HS2 rail network, are currently exempt from BNG. The government has its own rules and frameworks for these mega-projects. This won’t affect most private landowners but is worth knowing if your land lies along a strategic route.
In short, it’s about keeping things practical. BNG is meant to make a real difference to biodiversity—but it’s not designed to make everyday life difficult for landowners or farmers doing routine improvements.
The exemptions ensure that the rules focus on where the risk to nature is greatest, rather than applying a blanket rule to every brick or fencepost. It also helps avoid drowning planning departments (and small-scale developers) in unnecessary paperwork for projects that won’t actually impact biodiversity in a meaningful way.
Yes, and in some cases it might be worth it. Even if your development is exempt, you can still choose to enhance habitats on your land voluntarily—or enter the BNG market by creating and registering a biodiversity gain site.
For example, if Eleanor’s land has areas ripe for woodland planting or pond creation, she could register them and sell biodiversity units to developers. This can be done independently of any planning applications she might be involved in.
The safest route is to speak to your local planning authority. They’ll confirm whether your development falls under the BNG rules or qualifies for an exemption. In some cases, they might ask for evidence to support the exemption—especially for self-builds or de minimis projects.
And if it’s still feeling murky? That’s what AskGrant is here for. We’re building easy-to-understand tools and guidance to help you figure out if BNG applies, how to plan for it, and whether your land might be eligible to earn from it.
BNG might be the new norm for many developers—but not all projects are treated the same. Whether you're building for family, upgrading your farm buildings, or restoring land for the love of nature, knowing the exemptions helps you make smarter, faster decisions.
As with most things in rural life: measure twice, cut once—and know where you stand before you dig.
Not all developments are caught by the new BNG rules. This article explains which projects are exempt from Biodiversity Net Gain—like small home extensions, self-builds, or tiny rural developments—and how to check if the rules apply to you.
Not every bit of development on your land is caught up in the new Biodiversity Net Gain (BNG) rules. While BNG has become a must-do for most new building projects in England, the government has made some sensible exceptions. If you're thinking about putting up a barn, extending a house, or building a handful of custom homes on your land, it’s worth checking whether these new nature rules even apply to you.
Let’s dig into the main types of development that are exempt—and what that means for landowners like you.
When we say a development is “exempt” from BNG, we mean you don’t need to deliver the mandatory 10% uplift in biodiversity as part of your planning permission. No need for biodiversity gain plans, habitat assessments, or long-term management commitments. It’s a free pass—but only if you fall within certain criteria.
These exemptions are written into legislation and confirmed through planning guidance. They’re there to make sure the BNG rules are focused on meaningful developments—those that have a real potential to impact wildlife or habitats.
1. Householder applications
This is one of the most straightforward exemptions and it covers the likes of:
So, if Eleanor’s thinking of modernising the farmhouse with a bigger kitchen or adding a guest annex, BNG doesn’t need to be on her radar. These projects fall under the “householder application” category and are automatically exempt.
2. Tiny developments under the threshold
There’s a small-scale exemption for developments that don’t make a significant dent in local habitats. You’re likely exempt if your plans affect:
This only applies if your project doesn’t touch a priority habitat—the ones identified as particularly important for conservation (like ancient woodland, peatland, or species-rich grassland).
For rural landowners putting in a small track, farm office, or minor utility works, this exemption could be a helpful one.
3. Self-build and custom housebuilding (up to 9 homes)
This exemption is designed to encourage small-scale, personal development projects. To qualify, your site must:
So, if you're dividing off a portion of land for your children to build their own homes—or exploring small-scale diversification—you might fall within this exemption. Just make sure each dwelling qualifies as self-build under the official definition.
4. Existing planning applications (before February 2024)
If you submitted your planning application before 12 February 2024, you’re in the clear. The BNG rules don’t apply retrospectively. This also includes certain Section 73 applications (variations to existing permissions) if the original permission predates the new BNG rules.
This gives some breathing room to landowners who’ve been planning developments for a while and were already deep into the application process.
5. Biodiversity gain sites (supporting another development)
Let’s say you’re working with a developer and offering part of your land as a habitat restoration site to help them meet their BNG duties. That “gain site” itself is exempt from BNG requirements. It’s already delivering the gain for someone else’s project, so it doesn’t need to meet BNG again.
6. High speed rail and other niche categories
Certain large infrastructure schemes, like the HS2 rail network, are currently exempt from BNG. The government has its own rules and frameworks for these mega-projects. This won’t affect most private landowners but is worth knowing if your land lies along a strategic route.
In short, it’s about keeping things practical. BNG is meant to make a real difference to biodiversity—but it’s not designed to make everyday life difficult for landowners or farmers doing routine improvements.
The exemptions ensure that the rules focus on where the risk to nature is greatest, rather than applying a blanket rule to every brick or fencepost. It also helps avoid drowning planning departments (and small-scale developers) in unnecessary paperwork for projects that won’t actually impact biodiversity in a meaningful way.
Yes, and in some cases it might be worth it. Even if your development is exempt, you can still choose to enhance habitats on your land voluntarily—or enter the BNG market by creating and registering a biodiversity gain site.
For example, if Eleanor’s land has areas ripe for woodland planting or pond creation, she could register them and sell biodiversity units to developers. This can be done independently of any planning applications she might be involved in.
The safest route is to speak to your local planning authority. They’ll confirm whether your development falls under the BNG rules or qualifies for an exemption. In some cases, they might ask for evidence to support the exemption—especially for self-builds or de minimis projects.
And if it’s still feeling murky? That’s what AskGrant is here for. We’re building easy-to-understand tools and guidance to help you figure out if BNG applies, how to plan for it, and whether your land might be eligible to earn from it.
BNG might be the new norm for many developers—but not all projects are treated the same. Whether you're building for family, upgrading your farm buildings, or restoring land for the love of nature, knowing the exemptions helps you make smarter, faster decisions.
As with most things in rural life: measure twice, cut once—and know where you stand before you dig.
