Legal experts have welcomed the government’s decision to delay the implementation of biodiversity net gain (BNG) requirements for infrastructure projects, giving “important certainty for developers”.
Last week, in response to its consultation on the BNG requirements for Nationally Significant Infrastructure projects (NSIPs), the government confirmed developers for infrastructure projects must include a minimum 10% BNG.
It also confirmed that the new BNG requirements will apply to all NSIP applications made on or after 2 November 2026, around six months after it was initially expected. The government added that supporting guidance on the new rules would be published in due course.
In December, the government said that BNG requirements will be exempt for small sites of up to 0.2ha (0.5 acres).
In new blog from law firm Pinsent Masons, senior associate Imogen Dewar said the delay “gives important certainty for developers, which can now plan for BNG with greater confidence”.
She added: “However there many key aspects of the BNG regime that still require clarification.
“The government has committed to releasing guidance, secondary legislation and key policy documents soon. All of these further documents will need to be scrutinised once available.”
Jonathan Bower, partner at law firm Womble Bond Dickinson, said around a third of the 62 NSIP applications listed in pre-application stage might now be exempt from BNG as their application dates are listed between May and November.
“The position is now clearer,” he said. “Early design decisions, realistic assessment of impacts and a clear, deliverable BNG strategy will be critical to avoiding delay at examination and post‑consent.
“For those projects still working towards what was thought to be a May 2026 introduction, with a submission date between then and November 2026, it will be necessary to re-evaluate whether it’s still going to be provided on a voluntary basis being conscious of funding and justification for acquisition.”
Fiona Ross, legal director at Pinsent Masons, said: “Promoters should now be stress‑testing schemes against the forthcoming regime, ensuring strategies and programme assumptions can accommodate the biodiversity requirements well ahead of submission.”
The consultation, launched in May 2025, received 260 responses from a wide range of respondents across multiple sectors, the greatest number of which came from developers and consultancies.
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