Section 106
An agreement with a local planning authority can secure defined planning obligations.
LEGAL SECURITY
Section 106 or conservation covenant: the legal route matters.
BNG units only carry value when the habitat promise is legally secured, funded, monitored and traceable for at least 30 years.
LEGAL OPTIONS
Both routes secure obligations, but they are not interchangeable.
Conservation covenant
A private-law agreement with a responsible body can secure conservation outcomes.
HMMP
The Habitat Management and Monitoring Plan explains delivery, maintenance and reporting.
Land constraints
Ownership, tenancies, charges and boundaries affect what can be committed.
Funding model
Management funding must be ring-fenced before proceeds are treated as return.
Register evidence
The legal route must support gain-site registration and allocation evidence.
WORKSTREAM
Legal certainty should be designed alongside ecology and commercial terms.
- 01Confirm land control
Check ownership, leases, restrictions, lender consent and boundaries.
- 02Select route
Choose section 106 or conservation covenant based on site and counterparties.
- 03Align HMMP
Make sure legal obligations match the habitat plan and metric evidence.
- 04Model costs
Fund creation, maintenance, monitoring, reporting and contingency.
- 05Prepare registration
Ensure documentation supports gain-site registration.
- 06Maintain evidence
Keep reporting and monitoring aligned across the 30-year term.