Biodiversity Net Gain

Biodiversity net gain advice for developers, landowners, local authorities and consultants.


The new statutory requirements in England will impact developers by mandating a minimum of 10% Biodiversity Net Gain (BNG) in planning permissions, with exceptions for small sites. BNG can be achieved on-site, off-site, or through statutory biodiversity credits, presenting complex choices for developers. We offer expert guidance on how to effectively navigate these BNG requirements, ensuring not only compliance but also successful and sustainable development.


Biodiversity Net Gain presents landowners with income opportunities when developers seek off-site BNG solutions. It involves creating or enhancing habitats on your land, generating biodiversity units that can be sold to developers. We provide valuable advice to landowners on optimising their income by selling off-site biodiversity units, participating in the national register of BNG units, and establishing legally binding conservation covenants or planning obligations.

Local authority  

Local authorities can use their land for BNG, but there are rules preventing local authorities from offering their sites in preferences to others. We can provide further guidance on these specific conditions to help local authorities navigate the requirements.

Local authorities are also permitted to generate revenue from their BNG units, which can be reinvested into local communities to support environmental enhancement policies and objectives. These opportunities, especially for using low-value land, are both obvious and exciting.


You may be required to comply with the new BNG requirements and provide indemnities. It is important that you understand the implications of the new framework, and any appointments and warranties should be drafted appropriately.

Our experience in planning, environmental, real estate, and commercial law, means that we can offer you the perfect combination of advice necessary to navigate the complexities of biodiversity net gain.

Areas that we cover


  • Guidance on complying with the statutory 10% Biodiversity Net Gain (BNG) requirement.
  • Assistance in navigating planning permissions and approval processes.
  • Expert advice on BNG options, including on-site, off-site, or statutory biodiversity credits.


  • Maximising income opportunities through off-site BNG with developers.
  • Help in participating in the BNG unit market.
  • Advising on conservation covenants and planning obligations for habitat enhancement.

Local authorities

  • Utilising your land for BNG.
  • Generating revenue from BNG units for reinvestment in community enhancement.
  • Navigating the rules and conditions for local authorities.


  • Complying with new BNG requirements and indemnities.
  • Expertise in planning, environmental, real estate, and commercial law.
  • Guidance to navigate the complexities of Biodiversity Net Gain.

For advice you can rely on, contact us today

0300 124 0406

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