Land and Environment Law

Conservation Covenants for Landlords UK

Environment Act 2021 Part 7: conservation covenants (in force 30 September 2022) — land obligations binding successors in title; positive and negative obligations for conservation purposes; responsible bodies (Natural England, Wildlife Trusts, Environment Agency, National Trust); registration as local land charge; relationship with Biodiversity Net Gain off-site habitat banks; Scotland conservation burdens TC(S)A 2003.

10 min readUpdated 7 June 2026Last reviewed: 17 May 2026conservation-covenantenvironment-act-2021biodiversity-net-gainnatural-england

What Is a Conservation Covenant?

EA 2021 Part 7 (in force 30 September 2022): written agreement between landowner and approved responsible body creating land obligations — positive and negative — for conservation purposes. Bind successors in title (unlike positive freehold covenants at common law). May be for fixed term or perpetuity. Landowner retains ownership.

Responsible Bodies

Natural England: designated by default. Other approved bodies: Environment Agency, Historic England, National Trust, Wildlife Trusts (individual trusts must apply separately), Woodland Trust, local authorities, qualifying charities. Responsible body monitors compliance and can seek specific performance, injunction, or damages for breach.

Registration and Binding of Successors

Registered as local land charge — appears in LLC1 search. HM Land Registry: restriction or notice on title register provides further visibility. New owner bound from date of acquisition. Management requirements may include annual cutting, stock exclusion, hedgerow maintenance, water level management.

Biodiversity Net Gain Interface

Off-site BNG habitat banks most commonly secured by 30-year conservation covenant with Natural England. Habitat bank land carries conservation covenant as title encumbrance — buyer is bound by ongoing management obligations. Distinct from s.106 planning obligations — both may exist on the same land simultaneously.

Scotland — Conservation Burdens

Title Conditions (Scotland) Act 2003 Part 3: conservation burdens — real burdens on land for conservation purposes; run with burdened land; permitted holders include NatureScot, National Trust for Scotland, SEPA, and prescribed bodies. Registered in Land Register of Scotland (Title Sheet). Wales: no equivalent mechanism as at June 2026.

Frequently asked questions

What is a conservation covenant?+

A legally binding land obligation under EA 2021 Part 7 between a landowner and an approved responsible body. It creates conservation obligations that run with the land and bind successors in title — including positive obligations to manage land actively, which positive freehold covenants at common law cannot achieve.

Will a conservation covenant appear in conveyancing searches?+

Yes — conservation covenants register as local land charges and appear in LLC1 search results. A restriction or notice on the title register at HM Land Registry provides additional visibility. Always check both when purchasing rural or agricultural land.

How does a conservation covenant relate to biodiversity net gain?+

For off-site BNG habitat banks, a 30-year conservation covenant with Natural England is the most common mechanism for securing the mandatory 30-year habitat gain. Acquiring habitat bank land means taking on all management obligations in that covenant.

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