Professional BNG market intelligence available at ectare.dev — enriched gain site data, LPA analytics, and more
Home / Learn / Statutory credits

Statutory Biodiversity Credits

The last resort for BNG compliance. Statutory credits are purchased from the government when on-site and off-site delivery aren't possible — and they're deliberately expensive. Here's how they work.

What are statutory credits?

Statutory biodiversity credits are a financial instrument sold by the government — specifically by Natural England on behalf of DEFRA — that allows developers to meet their BNG obligation when they cannot deliver the required 10% uplift through on-site habitat creation or off-site unit purchases.

When a developer buys statutory credits, the revenue is used to fund habitat creation and enhancement projects across England, managed by DEFRA. The developer receives a proof of purchase that they submit with their Biodiversity Gain Plan.

Statutory credits are not the same as biodiversity units. Off-site biodiversity units are purchased on the private market from registered habitat banks and create real, local habitat. Statutory credits are a financial contribution to the government — the habitat may be created anywhere in England and may take years to deliver ecological outcomes. The two should never be confused, though the terms are often used interchangeably in casual conversation.

When can you use statutory credits?

Credits sit at the bottom of the biodiversity gain hierarchy. You can only use them when:

  1. On-site habitat creation and enhancement has been maximised
  2. You have approached at least 3 local or national off-site unit suppliers, habitat banks, or trading websites
  3. You can demonstrate that insufficient off-site options are available in England
  4. Your LPA has confirmed by email that you can proceed with statutory credits

Your Biodiversity Gain Plan must include evidence of steps 1–3: why on-site delivery is insufficient, and correspondence showing you approached suppliers who could not meet your needs.

The sub-0.25 unit exception

There is one important exception to the evidence requirements. If your development needs less than 0.25 biodiversity units to meet the 10% BNG target, you can purchase statutory credits without needing to evidence that you approached 3 suppliers. This is the simplified route for very small developments — read more in our exemptions guide.

Pricing

Statutory credit prices are set by DEFRA and published on GOV.UK. They are deliberately priced high — the policy intention is that credits should never undercut the private off-site market. Prices are reviewed every 6 months.

The spatial risk multiplier (SRM)

Before looking at the price table, you need to understand the 2x spatial risk multiplier. Because the government cannot guarantee where credit revenue will be spent, a flat 2x multiplier applies: you must buy 2 statutory credits for every 1 biodiversity unit of shortfall.

The metric tool calculates this automatically. The prices in the table below are per credit — to get the effective cost per unit, double the figure.

Effective cost per unitCost per unit = Credit price × 2 (SRM) Example: A1 tier = £42,000 × 2 = £84,000 per unit of shortfall

Price table by tier

TierDistinctivenessPrice per creditEffective cost per unit (×2 SRM)
A1Very Low / Low£42,000£84,000
A2Low / Medium£42,000£84,000
A3Medium£42,000 – £70,000£84,000 – £140,000
A4High£70,000 – £120,000£140,000 – £240,000
A5Very HighUp to £650,000Up to £1,300,000
HHedgerow (all types)Per km rate2× per km rate
WWatercourse (all types)Per km rate2× per km rate

VAT is not charged on statutory biodiversity credits (confirmed June 2025).

Cost comparison: Off-site biodiversity units on the private market typically cost £20,000–£35,000 per unit for common habitat types. The equivalent statutory credit route costs £84,000+ per unit — roughly 2.5–4× more expensive. For High distinctiveness habitats, the differential is even starker. Always check the off-site market before resorting to credits.

Credits vs off-site units — worked example

A residential development has a shortfall of 5 area habitat units at Tier A2 (Medium distinctiveness):

Off-site unit route5 units × £25,000 (typical market price) = £125,000 Statutory credit route5 units × 2 (SRM) = 10 credits × £42,000 = £420,000 Saving from using off-site market£420,000 - £125,000 = £295,000 saved (70% cheaper)

The purchase process

Buying statutory credits follows a specific sequence:

  1. 1Discuss with your LPA. Contact your Local Planning Authority to discuss statutory credits as part of your overall BNG strategy. The LPA must confirm by email that you can proceed with credits.
  2. 2Get conditional planning approval. You need a valid decision notice from the LPA before Natural England will process a credit purchase. Do not buy credits before this point.
  3. 3Fulfil non-BNG pre-commencement conditions. The LPA should advise that you can only purchase credits after fulfilling other pre-commencement planning conditions.
  4. 4Apply to Natural England. Submit your application through the credit sales service. Include your decision notice and the unit shortfall summary from your metric calculation.
  5. 5Wait for approval. Natural England will process your application — this can take up to 8 weeks.
  6. 6Receive invoice and pay. If approved, you receive an invoice for the total credit cost. Payment is required before proof of purchase is issued.
  7. 7Submit proof of purchase. Include the proof of purchase with your Biodiversity Gain Plan when submitting it to the LPA for discharge of the BNG condition.
Important: Statutory credit purchases are non-refundable — except in the rare case where planning permission is revoked by the LPA. Do not purchase credits until you are ready to submit your Biodiversity Gain Plan. Credits are purchased for a specific planning permission and cannot be transferred to a different one.

What credits cannot do

  • Cannot offset Very High distinctiveness habitats. If your development impacts Tier A5 habitats (ancient woodland, blanket bog, etc.), bespoke compensation is required — statutory credits cannot be used.
  • Cannot be purchased speculatively. You need a valid planning decision notice before Natural England will sell credits.
  • Cannot be transferred. Credits are tied to a specific planning permission. If you make a Section 73 variation, previous credit purchases from the original permission can count toward the new one.
  • Cannot be refunded. Once purchased, credits are non-refundable (except if permission is revoked).
  • Cannot replace the hierarchy. Even for very small developments, the mitigation hierarchy still applies in principle — credits are always the last resort.

What the government does with credit revenue

Revenue from statutory credit sales is used to fund habitat creation and enhancement projects across England, in line with the requirements of the Environment Act 2021. The Secretary of State is required to report annually on the outcomes of the statutory credits scheme.

The policy intention is that over time, the private market will generate sufficient supply of off-site units across all habitat types and geographies, reducing reliance on statutory credits. DEFRA expects credit usage to decline as the market matures.

Estimate your credit costs

Enter your unit shortfall by tier and get an instant cost estimate — including the 2x spatial risk multiplier. Compare against typical off-site market prices.

Calculate now →

Key contacts

Before buying credits, check the off-site market. Use our free Postcode Lookup to find registered gain sites near your development. For detailed availability by habitat type, tier, and LPA, visit ectare.dev — off-site units are typically 60–70% cheaper than statutory credits.