What are Conservation Covenants and how can we use them?

A Conservation Covenant is an agreement made by a deed. It is a binding promise made between a landowner and a ‘responsible body’. This often includes a local authority. 

The agreement must have a conservation purpose and an action required from either the landowner or the responsible body. The action can require them to do something, or not do something, with the intent of conservation. Or it can require the landowner to allow the responsible body to do something on the land, all with the purpose of conservation. This action must also be intended for the public good. 

Public good means that the covenant must benefit the public in some way. For example, this could be conserving the land (or buildings on it) as a place of archaeological, architectural, artistic, cultural, or social historic interest that the public can benefit from and enjoy. 

Conservation Covenants were introduced in 117(3)(b), Part 7 of the Environment Act 2021. Covenants can be used to conserve heritage or its setting, or be used for environmental reasons. They are similar to natural environment/ land covenants that landowners can enter into with the National Trust.  

Historic sites do not need to be designated (for example, listed), to have a Conservation Covenant. 

The Law Commission has identified six uses for Conservation Covenants:

1. Philanthropic uses.
2. Securing the heritage and community assets.
3. An alternative to purchase by conservation organisations.
4. Disposals of land by conservation organistions.
5. Payments for eco-system services and agri-environmental schemes.
6. Biodiversity off-setting.

Conservation Purposes can include:

To ‘conserve the natural environment of the land or natural resources of the land’ (s.117(3)(a) EA 2021).

To ‘conserve land as a place of archaeological, architectural, artistic, cultural or historic interest’ (s.117 (3)(b) EA 2021).

To ‘conserve the setting of a land with a natural environment or natural resources or which is a place of archeological, architectural, artistic, cultural or historic interest’ (s. 117 (3)(b) EA 2021).

A heritage charity identifies an important site on privately owned land, but does not wish to purchase the land. They raise funds for the site and enter into a Conservation Covenant with the landowners to ensure that the site is monitored and maintained. 

A heritage organisation has invested in restoring a historic property, which they now wish to sell. They want to make sure that future owners care for and protect the heritage features of the sites, and they use a Conservation Covenant to secure long-term stewardship of the improvements made by future owners.  

We’re keen to find out if any members of the Heritage Network are using Conservation Covenants. If you have experience of this, please get in touch with us!