Question 1

What is a conservation covenant?

Accepted Answer

A conservation covenant is a voluntary, private agreement between a landowner and a responsible body to protect, restore or enhance natural or heritage features on land for the public good. It is created as a deed and registered so that the obligations are legally binding on current and future owners of the land.

Question 2

How is a conservation covenant different from a traditional covenant or Section 106 agreement?

Accepted Answer

Unlike many traditional covenants, conservation covenants are specifically designed for conservation purposes and have a bespoke statutory framework under the Environment Act 2021. Compared with Section 106, they can be agreed outside the planning system and with a wider range of counterparties, but serve a similar role in securing long‑term environmental commitments.

Question 3

What kinds of features can a conservation covenant protect?

Accepted Answer

They can protect or enhance a wide range of features, including habitats, species, watercourses, landscapes and archaeological or built heritage assets. The agreement must clearly describe the conservation purpose and the features of the land it is intended to conserve.

Question 4

Is a conservation covenant voluntary, and who decides the terms?

Accepted Answer

Yes, conservation covenants are voluntary agreements entered into by mutual consent between the landowner and the responsible body. The parties negotiate the terms, provided the agreement has a genuine conservation purpose and is for the public good.

Question 5

How long does a conservation covenant last and is it always “in perpetuity”?

Accepted Answer

A conservation covenant can be set for a fixed period or in perpetuity, depending on what the parties agree. Where it is used for biodiversity net gain, the agreement must secure management for at least 30 years.

Question 6

Who can enter into a conservation covenant?

Accepted Answer

A landowner can be a freeholder or a qualifying leaseholder with more than 7 years left on the lease. Where land is tenanted, the freeholder and tenant may both need to be involved or give consent to the agreement.

Question 7

Who can act as a responsible body, and what criteria must they meet?

Accepted Answer

Responsible bodies can be local authorities, public bodies, charities or private organisations whose purposes or main activities relate to conservation, and that are formally designated by the Secretary of State. They must show appropriate governance, financial resilience, monitoring and enforcement capability, and a track record or clear commitment to conservation.  Conservation Covenant Services is a government designated responsible body.

Question 8

What safeguards ensure a responsible body is robust over the long term?

Accepted Answer

The designation criteria requires evidence of sound governance, contingency planning, dispute resolution processes and the capacity to monitor and enforce agreements. Responsible bodies must notify the Secretary of State if their purposes or capacity change, and statutory oversight helps maintain standards. Conservation Covenant Services has robust policies and excellence in governance to ensure the long term viability of our projects.

Question 9

Does a conservation covenant bind future owners if the land is sold or inherited?

Accepted Answer

Once registered, the benefit and burden of a conservation covenant normally runs with the land, so future owners are bound by its obligations. Buyers will see it on local land charges searches and must comply with its terms from completion. So you can be assured that the land is protected in the manner described for the duration of the covenant.

Question 10

What types of obligations can a covenant include?

Accepted Answer

Covenants can include restrictive obligations (things the landowner must not do), positive obligations (things the landowner or responsible body must do) and rights for the responsible body to carry out works on the land. The agreement can also set out payments, access, monitoring, and any permitted flexibility mechanisms.

Question 11

How is a conservation covenant registered and where does it appear?

Accepted Answer

After execution as a deed, the covenant is registered on the appropriate local land charges register. This ensures it is revealed in standard conveyancing searches and is enforceable against successors in title.

Question 12

Can the terms of a conservation covenant be varied or discharged?

Accepted Answer

The landowner and responsible body can agree changes or early termination, provided the covenant still has a conservation purpose and remains for the public good. Any variation must be executed as a deed and will bind future owners and responsible bodies.

Conservation Covenant FAQs