Part 7 of the Environment Act 2021 introduced conservation covenants into English law — agreements between a landowner and an approved 'responsible body' that create positive and negative obligations for conservation purposes enforceable against the land itself, not merely the individual covenantor. They came into force on 30 September 2022. Conservation covenants bind successors in title — a feature that distinguishes them from positive freehold covenants at common law (which cannot run with freehold land). For landlords acquiring agricultural, woodland, wetland, or wildlife-rich land, a pre-existing conservation covenant registered against the title must be identified as part of due diligence — it will bind the new owner and restrict how the land can be used or managed.
What Is a Conservation Covenant?
A conservation covenant under Environment Act 2021 s.117 is a written agreement between a landowner and a 'responsible body' that creates obligations on the land for conservation purposes. Crucially, the obligations are land obligations — they bind the land, not merely the current owner — and run with the land, binding successors in title. Positive obligations (to do something, such as maintain species-rich grassland or manage woodland) are enforceable under a conservation covenant, unlike positive freehold covenants at common law (Rhone v Stephens [1994]). The covenant may be granted for a fixed term or in perpetuity. Obligations must be for the conservation or improvement of the natural or historic environment of the burdened land. The landowner retains ownership — a conservation covenant does not transfer the land.
- EA 2021 Part 7: conservation covenants came into force 30 September 2022 in England
- Land obligations: bind the land and run with it — bind successors in title, not just the original covenantor
- Positive and negative: can create obligations to actively manage land (unlike common law positive freehold covenants which cannot bind successors)
- Conservation purpose: must be for conservation or improvement of the natural or historic environment of the burdened land
- Fixed term or perpetual: habitat bank and nature recovery covenants are typically granted in perpetuity
Responsible Bodies — Who Can Enter Conservation Covenants?
A conservation covenant must be entered with a 'responsible body' — an organisation approved by the Secretary of State for the purpose. Natural England is a designated responsible body by default (EA 2021 s.119). Other bodies must apply for approval; approval is available to bodies whose principal purposes include nature conservation, improvement of the natural environment, or preservation of the historic environment. Approved bodies include: the Environment Agency, Historic England, the National Trust, individual Wildlife Trusts (each must apply separately), the Woodland Trust, local authorities, and qualifying registered charities. The responsible body has the right — and duty — to monitor compliance and enforce the covenant. They can seek specific performance, injunctions, or damages for breach.
- Natural England: designated responsible body by default — no separate approval needed
- Other bodies: Environment Agency, Historic England, National Trust, Woodland Trust, local authorities — must apply for approval
- Wildlife Trusts: individual county trusts must each obtain approval separately from the Secretary of State
- Enforcement: responsible body can seek specific performance, injunction, or damages for breach of covenant obligations
- Monitoring duty: responsible body must monitor compliance and report periodically on conservation outcomes achieved
Registration and Binding of Successors
A conservation covenant is registrable as a local land charge (Local Land Charges Register maintained by HM Land Registry following the Law of Property Act 1925 reforms). Registration gives constructive notice to buyers — once registered, the covenant appears in an LLC1 search result and binds purchasers. Where land is registered at HM Land Registry, a restriction or notice in the title register provides further protection. A landlord acquiring land subject to a conservation covenant takes the land bound by all obligations in the covenant — including management requirements, access rights for the responsible body, and restrictions on use. Breach can expose the landowner to court proceedings, injunctions, and the cost of remediation. The covenant also appears in replies to standard conveyancing enquiries, though an LLC1 search is the primary mechanism for discovery.
- Local land charge: conservation covenants register on the Local Land Charges Register — revealed by LLC1 search
- HM Land Registry: restriction or notice on title register provides further visibility to buyers and lenders
- Binds successors: registered covenant runs with the land — new owner is bound from the date of acquisition
- Management requirements: may include annual grassland cutting, stock exclusion, hedgerow maintenance, water level management
- Breach: responsible body can obtain specific performance (requiring management works to be carried out) or damages
Biodiversity Net Gain — Relationship with Conservation Covenants
Biodiversity Net Gain (BNG) under Environment Act 2021 Sch 14 and conservation covenants are related but distinct mechanisms. For off-site BNG habitat banks, the 30-year minimum BNG obligation must be secured by a legal agreement — most commonly a conservation covenant with Natural England. Where a landowner is selling BNG habitat units to developers, they typically enter a conservation covenant to secure the habitat for the required 30-year period. This covenant runs with the land and binds any purchaser of that habitat land. Agricultural landlords considering habitat bank operations should take specialist advice on the interaction between BNG credit agreements and conservation covenant terms before committing. A property operating as a BNG habitat bank will carry a conservation covenant as a title encumbrance that must be identified and understood by any buyer.
- Off-site BNG units: 30-year minimum BNG habitat obligation most commonly secured by a conservation covenant with Natural England
- Habitat bank land: a conservation covenant is a title encumbrance on habitat bank land — visible in conveyancing searches
- Buyers of habitat land: bound by the conservation covenant and its ongoing habitat management obligations from the date of acquisition
- BNG credit revenue: landowner (and successors) typically receives credit payments or lump sum in return for covenant obligations
- Distinct from s.106 obligations: a planning obligation and a conservation covenant are separate instruments — both may exist on development land simultaneously
Scotland — Conservation Burdens Under TC(S)A 2003
Scotland introduced a similar mechanism earlier: conservation burdens under the Title Conditions (Scotland) Act 2003 Part 3. A conservation burden can be created by disposition to impose real burdens on land for conservation or environmental purposes. The burden runs with the burdened land and binds successors in title. Permitted holders (the party with enforcement rights) include: NatureScot (formerly Scottish Natural Heritage), the National Trust for Scotland, Scottish Environment Protection Agency (SEPA), and bodies prescribed by Scottish Ministers. Conservation burdens are registered in the Land Register of Scotland or the Sasine Register and are visible in title searches. Scottish landlords purchasing land should check the Title Sheet carefully for any conservation burden. Wales does not currently have a separate conservation covenant regime equivalent to the EA 2021 mechanism.
- TC(S)A 2003 Part 3: conservation burdens available in Scotland — real burdens for conservation purposes enforceable by permitted holders
- Permitted holders: NatureScot, National Trust for Scotland, SEPA, and other prescribed bodies
- Land Register of Scotland: conservation burden registered in the Title Sheet — visible in Property Section searches
- Binds successors: as a real burden, it runs with the burdened land and binds all future owners
- Wales: no separate conservation covenant mechanism as at June 2026 — separate Welsh Government legislation may follow
Frequently asked questions
What is a conservation covenant?+
A legally binding agreement under Environment Act 2021 Part 7 between a landowner and an approved responsible body (such as Natural England or a Wildlife Trust) creating obligations on the land for conservation purposes. Conservation covenants are land obligations — they bind successors in title, not just the original covenantor, and can include both positive obligations (actively managing the land) and restrictions on use.
Will a conservation covenant appear in conveyancing searches?+
Yes. Conservation covenants are registrable as local land charges, so they appear in an LLC1 search result. Where the land is registered at HM Land Registry, the covenant should also be noted by a restriction or notice on the title register. Always check both the LLC1 search result and the title register 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 (or another approved responsible body) is the most common legal mechanism used to secure the habitat gain. If you are acquiring land that is operating as a BNG habitat bank, it will almost certainly carry a conservation covenant — you will be bound by the habitat management obligations as the new owner.
Do conservation covenants apply in Scotland?+
Scotland has a similar mechanism — conservation burdens under the Title Conditions (Scotland) Act 2003 Part 3. These are real burdens that run with the land and can be held by NatureScot, the National Trust for Scotland, SEPA, and other prescribed bodies. They are registered in the Land Register of Scotland and bind successors in title.
Can a conservation covenant be removed?+
Removing or modifying a conservation covenant requires the agreement of the responsible body. The Lands Chamber of the Upper Tribunal has power to discharge or modify covenants in limited circumstances — this is a high bar. Conservation covenants are designed to be permanent commitments and the responsible body is unlikely to agree to removal unless the conservation purpose has been fully achieved.