UK Statutory Instrument SI 2024 United Kingdom

The Biodiversity Gain Requirements (Exemptions) Regulations 2024

These Regulations, which apply in England only, exempt certain developments from meeting the biodiversity gain requirement that would otherwise be imposed as a general condition of planning permission.

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Planning Inspectorate
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Plus 2 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.009 Review Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review biodiversity gain exemptions and publish reports every 5 yearsCrown / Minister / Government department
s.009 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review biodiversity exemption regulations every 5 yearsCrown / Minister / Government department
16 other provisions — procedural and definitional
s.001 Citation, commencement and extent
s.001 Citation, commencement and extent (opens in a new tab)
s.002 Biodiversity gain planning condition
s.002 Biodiversity gain planning condition (opens in a new tab)
s.003 Temporary exemption for small developments
s.003 Temporary exemption for small developments (opens in a new tab)
s.004 De minimis exemption
s.004 De minimis exemption (opens in a new tab)
s.005 Householder applications
s.005 Householder applications (opens in a new tab)
s.006 High Speed Railway Transport Network
s.006 High Speed Railway Transport Network (opens in a new tab)
s.007 Biodiversity gain site
s.007 Biodiversity gain site (opens in a new tab)
s.008 Self-build and custom build applications.
s.008 Self-build and custom build applications. (opens in a new tab)

Help complying

Guvnor’s practical routes through this instrument.

Planning compliance quick check

Quick check: Do you need planning permission for your development? Answer a few questions to find out whether you need to apply, …

Small site planning fast track

Quick checklist for SME developers submitting minor residential applications (1-9 dwellings). Skip the explanation - get straight to what you need to …

SME housebuilder planning guide

Comprehensive planning guidance for small and medium housebuilders. Learn how to navigate the planning system efficiently, take advantage of small site easements, …

Prepare for the Building Safety Levy

Check whether your residential scheme is in scope of the Building Safety Levy from 1 October 2026, work out the rate and …

Comply with biodiversity net gain for development in England

Most planning applications in England must deliver at least a 10% gain in biodiversity, maintained for at least 30 years. Your local …
2 more guides that reference this instrument
BNG for small sites (under 10 units) Planning for small sites (under 10 units)

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.