Offshore wind - compensating for adverse effects on Protected European Sites: statutory guidance 2026
Statutory guidance on compensating for adverse effects from offshore wind on protected European Sites in Scotland.
1. Introduction
1.1 Reforms to the Habitats Regulations for Offshore Wind
The UK Energy Act received Royal Assent on 26 October 2023 and included enabling provisions[1] to reform the Habitats Regulations[2] as they apply to relevant offshore wind activities.[3] The Scottish Government has worked collaboratively with the UK Government and other Devolved Administrations on developing these reforms to enable a broader, more flexible approach to compensatory measures for offsetting the adverse effects of offshore wind on protected habitats and species in the European site network.[4]
On 25 May 2026, changes to the Habitats Regulations relating to relevant offshore wind activities in the Scottish inshore region (within 12 nautical miles (nm)) came into force via a Scottish Statutory Instrument (SSI): The Conservation of Habitats and Species (Offshore Wind) (Miscellaneous Amendments) (Scotland) Regulations 2026.[5]
Associated regulations that implement the changes to the Habitats Regulations for relevant offshore wind activities in the Scottish offshore region (beyond 12 nm) came into force on 21 May 2026 via a UK Statutory Instrument (SI): The Conservation of Habitats and Species (Offshore Wind) (Amendment etc.) Regulations 2026.[6]
These reforms require that compensatory measures secured for relevant offshore wind activity must benefit the UK Marine Protected Area (MPA) network in a manner that is reasonably proportionate to the adverse effects, or predicted adverse effects, on the integrity of the European site or European offshore marine site (referred to in this guidance collectively as European sites or the European site network[7]).
This enables the use of compensatory measures that support the UK MPA network as a whole and is a change from the current requirement where compensatory measures are normally required to have direct evidentiary links back to the impacted species and/or habitat.
The UK MPA network is defined to include European Sites (Special Areas of Conservation (SACs) and Special Protection Areas (SPAs)), Sites of Special Scientific Interest (SSSI), Ramsar Sites, Nature Conservation Marine Protected Areas (NCMPA) and Marine Protected Areas (MPAs).
The changes made to the Habitats Regulations recognise the reality that there are very limited compensatory measures available where it is feasible to provide direct evidence links back to the impacted species/habitat due to the complexity of the environment and ecological processes. The changes allow the use of measures that can provide broad scale benefits for the environment, including to impacted sites, but where evidence may be indirect.
The reforms also require that a compensation hierarchy be established and adhered to when identifying compensatory measures. The Scottish compensation hierarchy is available at this link http://www.gov.scot/ISBN/9781807752118/documents. This guidance describes the compensation hierarchy in detail (see section 5).
New provisions also require Scottish Ministers to produce guidance on how these regulations should be applied in practice (this guidance document), and to undertake a review of the relevant changes to the Habitats Regulations, associated guidance and the compensation hierarchy every five years, informed by environmental monitoring data.
1.2 Policy Drivers
These legislative reforms are a critical enabler for offshore wind deployment across the UK. They sit within the wider Scottish and UK policy context for offshore wind, which recognises offshore wind as critical to meeting our net zero targets.
The Scottish Government has significant ambitions for offshore wind including up to 40 GW of new offshore wind capacity by 2040[8]. These ambitions align with Scotland’s statutory commitment to achieve net zero greenhouse gas emissions by 2045, as well as the UK Government’s Clean Power by 2030 ambition. Offshore wind in Scotland will play a critical role in delivering both objectives.
Climate change is also a major driver of biodiversity loss, making it essential that the climate and nature crises are addressed together.
These reforms support Scottish Government nature and biodiversity policies, including the Scottish Biodiversity Strategy[9] which sets out a long-term commitment to halting biodiversity loss, and supporting nature recovery and the Natural Environment (Scotland) Act 2026[10], which establishes a strengthened legal framework to support the delivery of these ambitions. In the marine environment, this includes alignment with the Scottish Seabird Conservation Action Plan[11], which identifies priority pressures and actions to support the recovery and resilience of seabird populations.
A broader approach to compensation, enabled by these reforms, can help deliver the Scottish Government’s biodiversity commitments, enabling offshore wind development to contribute not only to decarbonisation but also to enhanced outcomes for nature.