0.2ha small-site exemption (proposed)
The consultation proposed a 0.2ha small-site threshold below which the mandatory 10% BNG requirement would not apply. The intent is to ease the compliance burden on small-site developers without undermining the wider regime. The threshold is contested; final form will follow the response document [Statutory Biodiversity Credits guidance].
Self-build exemption (proposed removal)
The self-build exemption is currently being reviewed; the consultation indicated removal during transition. Until the response document is published, LPAs continue to apply the existing exemption. S106 drafting for self-build schemes should retain the BNG clause as a conditional obligation.
NSIP deferral to Nov 2026
Nationally Significant Infrastructure Projects had their BNG go-live deferred to Nov 2026. Promoters working on DCO applications in 2026 should monitor the Defra notice for the final commencement date.
LPA drafting implications
While the exemptions are in consultation, LPAs continue to apply the Feb 2024 regime. S106 drafting should retain the BNG clause and the 30-year management plan as standard; conditional drafting (linking the obligation to the final rule) is a defensive option for borderline small-site schemes.