Sector leaders warn Government over BNG exemptions

Latest News Tue, Feb 17, 2026 7:36 AM

The Landscape Institute has joined CIEEM and other sector bodies to warn the Secretary of State for Environment, Food and Rural Affairs about serious concerns regarding the misuse of the de minimis exemption within the Biodiversity Net Gain (BNG) framework.

In a letter, co-signed by a broad coalition of environmental, professional and business leaders, we highlight clear evidence that the current exemption is being used at scale in ways neither intended nor anticipated by Parliament.

Analysis, including the recent eftec report, indicates that if the existing de minimis exemption is retained – and a proposed new 0.2 hectare exemption introduced – more than 90% of planning applications could avoid BNG requirements altogether.

Such an outcome would fundamentally undermine the policy, distort the off-site biodiversity market and severely weaken confidence in BNG as a mechanism for nature recovery.

The joint letter identifies a core legal and procedural flaw: applicants are currently able to claim exemption based solely on a statement that they “believe” they are exempt, without providing supporting evidence at the point of submission. This approach places local planning authorities in an untenable position and removes meaningful incentives for compliance.

CIEEM and co-signatories are calling for:

  • the removal of the existing de minimis exemption;
  • no introduction of further exemptions until widespread non-compliance has been addressed; and
  • robust safeguards requiring mandatory evidence to support any claim of exemption.

It has also made clear that any future consultation on BNG reform must explicitly address the impacts of the de minimis exemption and cannot treat this issue as out of scope.

BNG was introduced under the Environment Act to halt nature’s decline and secure measurable biodiversity recovery. Allowing widespread avoidance of its requirements risks failing both Parliament’s intention and the public’s expectation.

The partners will continue to press for a credible, enforceable and effective BNG regime that delivers meaningful outcomes for nature.

Featured News

Specification news
The Perfect Finishing Touch: Discover the Versatility...

From contemporary residential interiors to demanding commercial environments, the...

Read More >>

Specification news
South London housing scheme secures the 2026 RIBA...

Lion Green Road, a council-commissioned housing scheme in Coulsdon, South London, by...

Read More >>

BUILDING PRODUCT LIBRARY - LATEST BROCHURES

Scandinavian Furniture Thoughtfully Made  Brochure

Scandinavian Furnitu...
By BJELIN

Download Now >>

Fire Rated Loft Ladders  Brochure

Fire Rated Loft Ladd...
By Premier Loft Ladders...

Download Now >>

Flooring Collection 2026 Brochure

Flooring Collection...
By Gerflor

Download Now >>

Housing Brochure Brochure

Housing Brochure
By Gerflor

Download Now >>

CSR Report 2025 Brochure

CSR Report 2025
By Gerflor

Download Now >>

BUILDING PRODUCT DIRECTORY - LATEST PRODUCTS

Safeshield XT Reflect
Safeshield XT Reflect

Safeshield XT Reflect is an A2-s1, d0 fire rated construction membrane for the use in high risk,...

Read More >>

Safeshield INT Reflect AVCL
Safeshield INT Reflect AVCL

Safeshield INT Reflect AVCL is a high-performance air and vapour control layer that boasts class...

Read More >>

Envirotect Class B-s1,d0 Fire Walling Membrane
Envirotect Class B-s1,d0 Fire Walling Membrane

Permavent Envirotect Class B Fire Walling Membrane is a class B-s1,d0 fire rated membrane for use in...

Read More >>

CONSTRUCTION VIDEOS - LATEST VIDEOS

Fortitude™ Steel Railing Systems: Adjustable Off-the-Shelf Balustrade Guide
Fortitude™ Steel Railing Systems: Adjustable Off-the-Shelf Balustrade Guide

Fortitude Steel Railings and Balustrades are one of the most versatile, off-the-shelf, steel...

Watch Now >>

Pro-Railing® Stainless Steel Handrail Systems: 6 Modern Balustrade & Glass Railing Solutions
Pro-Railing® Stainless Steel Handrail Systems: 6 Modern Balustrade & Glass Railing Solutions

Pro-Railing® – our Stainless Steel Handrail Component System with six stunning ranges to choose...

Watch Now >>

Why Professionals Choose Outdure QwickBuild | Aluminium Deck Frame Case Study
Why Professionals Choose Outdure QwickBuild | Aluminium Deck Frame Case Study

This case study explores a stunning designer terrace featuring the Outdure QwickBuild system,...

Watch Now >>