Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / Press / Biodiversity net gain rules come into force

Mandatory Biodiversity Net Gain rules came into force from Monday 12 February 2024  and affects all planning applications larger than nine dwellings across England. The rules have been long awaited since the Environment Act was passed in 2021.

Commenting in Building Magazine, Building Design, New Civil Engineer, and Housing Today, partner Angus Walker states:

‘For the first time, improving biodiversity moves from being an aspiration to a mandatory requirement of obtaining planning permission,’

‘While there is likely to be a dip in the number of planning applications immediately following the rules coming into effect, as the regime becomes more familiar to developers and more landowners realise the economic benefits it offers them, activity will pick up and buying BNG land will become another routine part of the planning process.’

The full articles can be accessed on the Building Design, Building Magazine, New Civil Engineer and Housing Today website.

Partner in our corporate tax team, Philip Alfandary highlights the implications of the new Biodiversity Net Gain regulations on taxation, in an article for Property Week. He states that developers would also need to consider the impact the rules could have on the ‘deductibility of costs incurred in maintaining those habitats over that 30-year period’.

‘There are also questions around potential capital gains tax liabilities. If the habitat has been created to allow a landowner to sell BNG credits, will HMRC argue that it is a trade and subject to income tax? And will any likely increase in the value of the land trigger a potential capital gains tax liability if sold?’

Subscribers can access Philip’s full comments on the Property Week website.

Related Articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
4 Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron