The Biodiversity Gain Site Register (Amendment) Regulations 2026

• Citation: S.I. 2026/494
• Sections: 7

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Biodiversity Gain Site Register (Amendment) Regulations 2026.

(2) These Regulations come into force on 29th May 2026.

(3) These Regulations extend to England and Wales.

Section 2 Amendment of the Biodiversity Gain Site Register Regulations 2024

The Biodiversity Gain Site Register Regulations 2024 are amended in accordance with regulations 3 to 7.

Section 3 Amendment to regulation 2

In regulation 2 (interpretation), in paragraph (1)—

(a) before the definition of “the biodiversity gain site register” insert—

“ biodiversity gain site ” means land where—

a person is required under a conservation covenant or planning obligation to carry out works for the purpose of habitat enhancement ;

that or another person is required to maintain the enhancement for at least 30 years after the completion of those works; and

for the purposes of Schedule 7A to the Town and Country Planning Act 1990 or Schedule 2A to the Planning Act 2008 the enhancement is made available to be allocated (conditionally or unconditionally, and whether for consideration or otherwise) in accordance with the terms of the covenant or obligation to one or more developments for which planning permission or development consent is granted;

(b) after the definition of “the biodiversity gain site register” insert—

“ development ” means—

in relation to cases involving planning permission, development within the meaning of section 55 of the Town and Country Planning Act 1990 , and

in relation to cases involving development consent, development within the meaning of section 32 of the Planning Act 2008.

“ development consent ” has the meaning given in section 31 of the Planning Act 2008;

Section 4 Amendment to regulation 6

In regulation 6 (land eligible to be registered), in paragraph (5)—

(a) after “Schedule 7A to the Town and Country Planning Act 1990” insert “or Schedule 2A to the Planning Act 2008 (as the case may be)” ;

(b) after “planning permission” insert “or development consent (as the case may be)” .

Section 5 Amendment to regulation 8

In regulation 8 (required content of application to register land in the biodiversity gain site register), in paragraph (2)(k)—

(a) in the text before sub-paragraph (i), after “planning permission” insert “or development consent (as the case may be)” ;

(b) in sub-paragraph (iii), after “Schedule 7A to the Town and Country Planning Act 1990” insert “or Schedule 2A to the Planning Act 2008 (as the case may be)” .

Section 6 Amendment to regulation 12

In regulation 12 (applications to record allocation of habitat enhancement to a development after registration of the land), in paragraph (1)(a), after “planning permission” insert “or development consent (as the case may be)” .

Section 7 Amendment to regulation 13

In regulation 13 (required content of applications to record allocation of habitat enhancement), in paragraph (1)—

(a) after “planning permission” insert “or development consent (as the case may be)” ;

(b) in sub-paragraph (h), after “Schedule 7A to the Town and Country Planning Act 1990” insert “or Schedule 2A to the Planning Act 2008 (as the case may be)” .