Conservation Covenants and Biodiversity Net Gain

Conservation covenants are one of the most practical legal tools for securing biodiversity net gain because they bind the land and not just the current owner. The standard amount of time that BNG is locked in for is 30 years. Changes to land ownership do not effect conservation covenants, meaning that the land is protected for as long as the covenant remains in place.

Why they matter for BNG

Biodiversity net gain is about leaving habitats in a measurably better state than before development, with at least a 10% net gain in biodiversity. Where that gain is not delivered entirely on-site, conservation covenants provide a legal route to secure off-site habitat enhancement and long-term management. The other alternative is a section 106 agreement, these have to be negotiated with the local council and will take a lot longer to arrange.

Conservation covenants can require specific actions, such as creating habitat, maintaining woodland, or managing land in a way that supports species recovery. Because the agreement is binding on future owners, it gives developers, landowners, and responsible bodies confidence that the biodiversity uplift will be maintained over time.

How the mechanism works

For BNG, the land is typically registered or secured as a biodiversity gain site, with the conservation covenant setting out the management commitments needed to deliver the habitat outcomes. The responsible body becomes a party to the agreement and has the role of monitoring and enforcement.

This is valuable because it turns long-term ecological management into a legally secure asset rather than a short-term promise. It also helps create a wider market for off-site biodiversity units by giving developers a reliable framework for compliance.

Benefits for landowners

For landowners, conservation covenants can unlock income from biodiversity units while keeping the land in environmental use. Government guidance also recognises that they can secure funding for conservation activities, including payments for ecosystem services and BNG.

They are especially useful where a landowner wants to enhance lower-value land, restore habitat, or support nature recovery without selling the land. Because the covenant remains attached to the land, it can also support long-term stewardship across ownership changes.

Role of Responsible Bodies

Responsible bodies are central to the system because they review, oversee, and enforce conservation covenants. That matters for BNG because it gives reassurance that the habitat commitments are not only documented but also monitored in practice.

For organisations working in conservation, this can be a strong way to support delivery at scale. It also helps create a clear governance structure around habitat management and long-term ecological outcomes.

Why this is different

Conservation covenants are often compared with section 106 agreements, but they offer more flexibility in some BNG scenarios. They can be especially helpful for off-site land, strategic habitat networks, and sites where long-term conservation purpose is the priority.

They are also useful beyond BNG, but BNG has become one of the clearest and most commercially relevant applications. That is why so much current discussion focuses on how conservation covenants can expand the off-site biodiversity market and strengthen nature recovery delivery.

Conservation Covenant Services

Conservation Covenant Services are a Defra designated Responsible Body, creating impactful conservation covenants across England. If you would like to have more information about the benefits and costs of creating a conservation covenant on your land, please contact us.