What does the law actually require?
Development in England must deliver a minimum 10% biodiversity net
gain, measured with the statutory biodiversity metric and secured
for at least thirty years. It has been mandatory for major
development since February 2024 and for minor development since
April 2024.
Nationally significant infrastructure projects come into scope in
November 2026, at the same 10%, with no exemptions.
The rules changed in August 2026. What is different?
For planning applications made on or after 6 August 2026, three
things changed. Sites with a red line boundary of 0.2 hectares or
less are exempt, unless on-site priority habitat is negatively
affected, which takes a large share of small residential schemes
out of scope altogether. Genuinely temporary developments of five
years or less are exempt where the land is reinstated. And the
separate self-build and custom-build exemption has been removed,
so those schemes now need to qualify under one of the general
exemptions or comply like anyone else.
Applications made before 6 August continue under the previous
rules. Section 73 applications made after that date follow the new
ones. If you are not sure which side of it you fall, send us the
red line and we will tell you.
I am doing a minor development. Can I go straight to buying off-site units?
Yes, since 6 August 2026. Minor developments no longer have to
demonstrate that on-site delivery is not feasible before looking
off site, so on-site and registered off-site units can be
considered side by side.
Major developments still work through the full mitigation
hierarchy, so on-site delivery has to be properly tested first.
What is the difference between off-site units and statutory credits?
Statutory biodiversity credits are the government's last resort,
deliberately priced well above the private market so that they act
as a backstop rather than a route.
Buying registered off-site units from a habitat bank is almost
always materially cheaper, and it puts the habitat somewhere with
a real relationship to your scheme. If you are being pushed
towards statutory credits, it is worth a second opinion first.
Does it matter where the units come from?
Yes. The metric applies a spatial multiplier: units in the same
local planning authority or National Character Area as your site
count for full value, and units further away are discounted, so
you need more of them.
There are also trading rules on habitat type, so the loss of a
distinctive habitat generally cannot be offset with a
low-distinctiveness one. Both affect how many units you actually
need to buy, which is why the cheapest headline price per unit is
not always the cheapest solution.
When in the process should I come to you?
it is wise to consider BNG early in the process, our experts can
save you money by helping you to make judicious decisions about
how to use the land. Our deep understanding of the legislation and
ecology can make a real difference to your bottom line. We can
offer indicative pricing at any stage of your project.
We cannot change a metric once it has been submitted. What we can
do, if you come to us early, is help shape the layout to reduce
what is lost, and look at the options the trading rules leave
open. A conversation at appraisal stage costs nothing.
How quickly can this be done?
From a complete metric to a written quote is normally two working
days. From accepted quote to allocated units depends mostly on
your side — how fast contracts are turned around and whether
planning is determined.
Once payment is received we allocate your units within two working
days. The allocation is normally live on the biodiversity gain
sites register within one to six weeks.
What does a unit cost?
We do not publish a price list, because there are so many
variables at play — the types and quantities of each habitat
needed, and the distance of the development site from the habitat
bank among them. What we will say is that we price competitively,
and that we will send you a full quote on receipt of your metric.
That quote holds nothing back. You get the unit types and
quantities, the spatial risk multiplier applied and the price per
unit.
What do you need from me for a quote?
The site location, and either your completed statutory metric or
enough detail on the site and the scheme for us to estimate it.
For nutrient credits, the catchment and the number of units.
Attach the metric to the enquiry form or
email it to us. Either way we will come back with a price and
availability.
What if my planning application is refused?
Normally you will not pay anything until after planning permission
is granted, so if your application is refused you are under no
obligation to pay for anything.
The only exception is if you have reserved units. A reservation
deposit is not refundable: if the period expires without
completion, it is retained and the units are released. So it is
worth setting the period against a realistic view of your
determination date, and telling us if that date moves.
What happens once I buy?
We allocate registered units to your specific development, provide
the evidence your local planning authority needs for the
biodiversity gain plan, and handle the registration and the legal
steps on the unit side. We will do the bulk of the paperwork and
be there to support you when you need it.
The thirty-year management and monitoring obligation sits with the
habitat bank operator and the landowner. Once the units are
allocated and secured, your obligation is discharged.
What if the habitat bank fails?
It is not your problem, and that is one of the main reasons to go
off site rather than deliver on your own land. Once your units are
allocated on the biodiversity gain sites register and your gain
plan is approved, your biodiversity obligation is discharged.
The thirty-year duty to create, manage, monitor and report on that
habitat sits with whoever entered the section 106 agreement or
conservation covenant on the bank. If the habitat underperforms,
that is who the responsible body or planning authority pursues.
Nobody comes back to you, and you are not funding a remediation
years after the scheme completed.
Do you sell to individuals and small companies?
Yes. A small purchase gets the same written quote and the same
care over the paperwork as a large one, and it is often quicker
because there is less to check.
Check first whether you need units at all. The August 2026 changes
took a lot of small schemes out of scope and brought some
self-build and custom-build schemes in. If you are not sure where
you stand, get in touch, and we'll let you know.
Are you a broker?
Not in the sense of listing whatever is on the market and taking a
cut. We work with a network of habitat banks that our own
ecologists have assessed, and we only put a site in front of you if it suits your requirement. Some we manage ourselves; with
others we work alongside the operator. Either way the site has met
our standard before you hear about it, and the thirty-year
obligation never lands on you.
We work closely with every habitat bank we sell from, we do as
much of the paperwork as we possibly can for you, and we take the
organisation off your desk.
Do I need to consider nutrient neutrality?
Yes. In affected catchments, new residential development still has
to demonstrate nutrient neutrality before permission can be
granted.
The Planning and Infrastructure Act 2025 introduced Environmental
Delivery Plans and the Nature Restoration Fund, which over time
will provide a strategic catchment-scale route with a levy in
place of scheme-by-scheme mitigation. That transition is under way
rather than complete. Until an EDP covers your catchment, private
credits remain the practical route to unlocking a stalled site.
There is more on our nutrient
mitigation page.
Where credits exist, the constraint is availability in your
particular catchment rather than process, because the calculation
is comparatively simple. Tell us the site and we will tell you
what your options are.
Can I visit the habitat bank?
Lots of our sites host open days, professional development
opportunities and events. Get in touch and we will let you know
what is coming up.