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Priority review Consultation Added Consultation

Biodiversity Net Gain Exemption for Brownfield Residential Development

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Summary

DEFRA is consulting on a potential exemption from biodiversity net gain (BNG) requirements for certain residential developments on brownfield land in England. The consultation seeks views on whether an exemption should be introduced, what size thresholds should apply, and how brownfield residential development should be defined. The consultation closes at 11:59pm on 10 June 2026.

What changed

DEFRA has launched an open consultation on introducing a targeted exemption from biodiversity net gain requirements for certain residential developments on brownfield land. The consultation specifically seeks views on whether an exemption should be introduced, appropriate size thresholds for qualifying developments, and how brownfield residential development should be defined. Comments are also invited on ecological, administrative, or viability impacts with supporting evidence or case studies.

Construction firms and developers undertaking residential development on brownfield sites should monitor this consultation and consider submitting responses to influence potential exemption thresholds and definitions. If an exemption is introduced, it could significantly reduce BNG compliance obligations for eligible brownfield residential projects, affecting development viability assessments and planning applications.

What to do next

  1. Submit consultation response via the DEFRA consultation portal
  2. Provide evidence or case studies on ecological, administrative, or viability impacts
  3. Review current BNG obligations to assess potential impact of proposed exemption

Archived snapshot

Apr 15, 2026

GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.

Open consultation

Biodiversity net gain: considering a targeted exemption for brownfield residential development

From: Department for Environment, Food & Rural Affairs Published 15 April 2026 Get emails about this page

Applies to England


Summary

We’re seeking views on a potential exemption from biodiversity net gain (BNG) for certain residential developments on brownfield land.

This consultation is being held on another website.

This consultation closes at
**
11:59pm on 10 June 2026
**

Consultation description

We want to know what you think about a possible exemption from biodiversity net gain for some brownfield residential development projects.

We ask whether an exemption should be introduced and, if so, what size thresholds should apply.

We are also seeking views on how brownfield residential development should be defined.

We also welcome comments on any ecological, administrative or viability impacts, including any relevant evidence or case studies.

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Updates to this page

Published 15 April 2026

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Last updated

Classification

Agency
DEFRA
Published
April 15th, 2026
Comment period closes
June 10th, 2026 (55 days)
Compliance deadline
June 10th, 2026 (55 days)
Instrument
Consultation
Legal weight
Non-binding
Stage
Consultation
Change scope
Substantive

Who this affects

Applies to
Construction firms Developers Environmental groups
Industry sector
2361 Construction
Activity scope
Residential construction Brownfield development Environmental compliance
Geographic scope
England GB-ENG

Taxonomy

Primary area
Environmental Protection
Operational domain
Regulatory Affairs
Topics
Housing Real Estate

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