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Want to Sell Biodiversity Units? What Land Managers Need to Know

Want to Sell Biodiversity Units? What Land Managers Need to Know

With biodiversity net gain (BNG) legislation in the UK, the opportunity to sell biodiversity units has become an increasingly attractive proposition for land managers. If you want to sell biodiversity units and are wondering what land managers need to know, this guide outlines the key aspects you should understand beforehand. BNG aims to ensure that developments leave nature in a measurably better state than before development. Developers must demonstrate a biodiversity gain plan as part of the planning process, either by improving on-site habitats or through off-site biodiversity units provided by landowners who have enhanced their land specifically for this purpose or as a last resort, via purchase of statutory credits. How Does Selling Biodiversity Units Work? At its core, selling biodiversity units allows land owners to be financially compensated for creating new habitats and/or enhancing existing habitats to increase their biodiversity value. These units can then be sold to developers who cannot deliver the required biodiversity gains on their development site. To ensure credibility, the pre-development biodiversity value of your land must be measured through a baseline habitat survey and assessed using the biodiversity metric, specifically the statutory biodiversity metric. Once enhancements or habitat creation are modelled, the site’s uplift in biodiversity is quantified as units, which can then be listed on the biodiversity gain site register. These specific biodiversity units must be legally secured via a Section 106 (SE106) Agreement or a Conservation Covenant agreement to ensure the habitat management commitments are met over the required period, typically 30 years. The responsible body or local planning authority will oversee these agreements and ensure long-term delivery. Your Land and Biodiversity Net Gain Whether your land consists of existing habitat that can be enhanced or an area where habitat creation is planned, careful preparation is key. The habitat baseline informs how much uplift you can achieve and, therefore, how many units you might sell. This work involves the creation of the habitats and long-term habitat management and monitoring through a monitoring plan that tracks the progress of your habitat enhancements. The legal agreement ensures you are bound to these commitments, but it also provides assurance to buyers and local planning authorities that your site is suitable for delivering off-site units. Linking Biodiversity Units to Development Sites Developers seeking to achieve biodiversity net gain BNG can purchase biodiversity units from suitable sites where they cannot deliver enough biodiversity gains on their own land. Your site can provide these biodiversity units linked to the development site through planning conditions. The habitat bank itself and the units sold from it are listed on the Biodiversity Gain Sites Register. Your units must be clearly defined, and specific biodiversity units must be linked to the development they are intended to support. The statutory biodiversity credits scheme remains a fallback option where off-site provision cannot be secured. However, habitat banking and landowners offering off-site biodiversity units are increasingly preferred, as they can often be delivered more locally to the development and, in most cases, offer a cheaper alternative to statutory credits. Managing Your Site for Long-Term Biodiversity Gains Selling biodiversity units isn’t simply a one-off transaction. As a habitat bank operator or land manager, you must demonstrate a clear, enforceable plan for managing habitats and reporting outcomes per an agreed Habitat Management and Monitoring Plan. Monitoring is required throughout the project’s lifetime (by suitably qualified professional ecologists) to ensure continued compliance with the commitments made in the HMMP and enforced via the SE106/Conservation Covenant. Sites delivering biodiversity net gain units need to deliver the promised improvements in ecological value (i.e the number and types of units they have sold). This means adhering to the agreed habitat management strategies and addressing any issues that arise over time. Responsible bodies/local planning authorities will expect these obligations to be met, ensuring the biodiversity gain site delivers its intended outcomes for nature conservation. Opportunities for Land Owners in the BNG Market Entering the biodiversity net gain market presents long-term opportunities for land owners to diversify income streams while supporting nature recovery. By creating new habitats and/or enhancing existing habitats, your land can play a crucial role in helping developments meet their BNG requirements and deliver real wins for biodiversity. A Recent Example: Edstone Park Edstone Park is officially registered on the Biodiversity Gain Site Register (300525001) with 84.78 biodiversity units available. The site delivers wood pasture and parkland, one of the few habitats with very high distinctiveness accepted by the statutory metric, and is believed to be the first registered BNG site in the Stratford-on-Avon District. Developed in partnership with RSK Wilding and Lodders Solicitors, the project involved a bespoke legal structure and phased delivery model to match real-time demand. It features a range of habitat enhancements, including protection of ancient trees, new tree planting for age-diverse tree coverage, and species-rich grassland managed through low-intensity grazing. This kind of project shows what’s possible when land is carefully planned and managed for off-site biodiversity gain and how complex sites can be developed with the right partnerships. Want To Learn More? If you are considering providing biodiversity units, it’s essential to understand the biodiversity net gain process and engage with ecological experts to ensure your off-site gains are credible and desirable to potential buyers. Doing so contributes to the broader goals of enhancing natural ecosystems while securing financial benefits from your land’s improved biodiversity value. At Civity, we work with landowners, developers, and planners to navigate the complexities of biodiversity net gain. Our ecologists can undertake the baseline habitat assessment of your land. We will then work with you to decipher a strategy and produce a bespoke HMMP outlining how the land can be best managed to deliver ecologically backed BNG Units. We undertake all the legwork to get your site on the Register, working with the Responsible Body/LPA to secure the SE106/Conservation Covenant. We are responsible for brokering the biodiversity units and act as your monitoring ecologist for the entire 30+ years of the scheme. You, the landowner, receive payment to undertake the habitat improvement works and retain ownership of the land. To learn more about how we can help you enter this emerging market, visit https://civitynge.com/. ** Civity provides the information in this blog for general guidance and awareness around Biodiversity Net Gain (BNG) policy and practice in England. While we aim to ensure content is accurate and up to date at publication, it should not be relied upon as legal advice or as a substitute for detailed planning or ecological consultancy input. Civity does not provide legal services and cannot offer guarantees on planning decisions, BNG unit sales, or outcomes determined by Local Planning Authorities, Natural England, or Responsible Bodies. Readers are encouraged to seek professional advice relevant to their specific circumstances, particularly regarding legal agreements, land use planning, or habitat surveys.

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Off-Site Habitat Management and Monitoring Plans

Off-Site Habitat Management and Monitoring Plans for BNG: A Complete Guide

With Biodiversity Net Gain (BNG) now a legal requirement for most planning applications in England, securing biodiversity outcomes has never been more important. While on-site enhancements have a role to play, many developments rely on off-site Habitat Management and Monitoring Plans (HMMPs) to be delivered on legally secured Habitat Banks. At Civity, we specialise in producing off-site HMMPs in collaboration with landowners. These plans ensure that biodiversity gains created outside the development boundary are legally secured, properly managed, and monitored over the long term. This guide explores why off-site HMMPs are essential, what they involve, and how Civity supports landowners and developers to deliver lasting biodiversity outcomes. On-Site vs Off-Site HMMPs: Understanding the Difference Onsite HMMPs apply where biodiversity enhancements are delivered within the development boundary. Some projects achieve BNG entirely onsite, but this is not always possible due to space constraints, habitat suitability, or development design. Off-site HMMPs become essential when biodiversity units are provided on separate land — either owned by the developer or a third party — to meet planning obligations. These off-site habitats must be legally secured, managed, and monitored to maintain their biodiversity value for the required 30-year period. Civity focuses on off-site HMMPs, supporting landowners who want to offer land for BNG gains and developers who need to meet their BNG requirements using off-site solutions. Why Off-Site Habitat Management and Monitoring Plans Matter Off-site HMMPs play a critical role in ensuring biodiversity gains are delivered as promised. They provide the legal and practical framework that guarantees off-site habitats are protected for the long term, properly maintained, and monitored to meet the agreed biodiversity targets. Without robust off-site HMMPs, there is a significant risk that biodiversity units promised during the planning stage may fail to deliver the intended outcomes, leaving developers exposed to compliance issues and planning authorities without confidence in the project’s long-term success. Key Components of an Off-Site HMMP When Civity develops an off-site HMMP, the plan covers every aspect needed to deliver and maintain biodiversity gains effectively. It sets out detailed proposals for habitat creation and enhancement, explaining exactly what habitats will be established, how they will be created, and the timeframes involved. It then establishes clear, long-term management strategies, outlining the actions needed to maintain or improve habitat quality over time. Monitoring schedules are also integral to every HMMP. These define when ecological surveys will take place and specify how the results will be assessed and reported to the local planning authority/responsible body. Finally, the plan ensures full legal and planning compliance by aligning with all relevant BNG legislation, the requirements of the local planning authority/responsible body and Natural England’s requirements. Together, these components provide developers and regulators with confidence that off-site biodiversity units will deliver measurable and lasting benefits. How Civity Works with Landowners and Developers Civity bridges the gap between landowners offering land for BNG and developers needing off-site units to meet planning obligations. We collaborate closely with landowners to design practical, evidence-based management proposals that reflect the realities of each site. Our team prepares legally robust HMMPs that meet the highest standards required by Local Planning Authorities/Responsible Bodies and Natural England. Beyond plan preparation, we provide monitoring frameworks that give confidence in the long-term success of the habitats. Where necessary, we also advise on adaptive management, enabling landowners to respond to changing conditions or unforeseen challenges to maintain biodiversity performance over time, i.e. ensuring the tree species we propose are suitable for predicted climate change/flooding scenarios. The Role of Legal Agreements in Off-Site HMMPs Every off-site biodiversity gain must be supported by a legal agreement, in the form of a SE106 agreement or a conservation Covenant and registered on the Biodiversity Gains Site Register. These agreements ensure the land is legally tied to its intended purpose for at least thirty years, preventing any future change of use that could compromise biodiversity outcomes. Civity ensures that every HMMP integrates seamlessly with these legal frameworks. Our plans provide the clear evidence, structured commitments, and management detail required to give regulators complete confidence in the project’s long-term delivery. Delivering Long-Term Success Through Monitoring Monitoring forms the backbone of any off-site HMMP. Civity designs practical monitoring programmes that track habitat conditions against biodiversity metric targets, providing regular updates to planning authorities/responsible bodies at agreed intervals. This process creates transparency and accountability, ensuring all parties can see progress and understand where further action might be needed. We go above and beyond, and provide annual monitoring (at the least) as opposed to the statutory minimum. Where monitoring identifies challenges or underperformance, we provide recommendations for adaptive management to bring habitats back on track. This approach ensures off-site biodiversity units continue to meet their commitments and deliver meaningful gains for nature over the full management period. Why Choose Civity for Off-Site HMMPs At Civity, we combine ecological expertise with in-depth knowledge of BNG policy and planning requirements. Our off-site HMMPs are comprehensive, addressing every stage from habitat creation to long-term monitoring and legal compliance. Each plan is tailored to reflect the specific needs of the land and project, ensuring practical solutions that work in the real world. We follow best practice and statutory guidance throughout, producing plans that are not only robust but also fully defensible if scrutinised by planning authorities or regulators. Whether you are a landowner offering biodiversity units or a developer seeking off-site gains, Civity provides the expertise and support needed to secure lasting biodiversity outcomes. Get in Touch If you are looking to develop off-site HMMPs for BNG delivery, Civity can help. Contact us today at https://civitynge.com/ to learn how our bespoke plans support both landowners and developers in meeting their biodiversity obligations. ** The information in this blog is provided by Civity for general guidance and awareness around Biodiversity Net Gain (BNG) policy and practice in England. While we aim to ensure content is accurate and up to date at the time of publication, it should not be relied upon as legal advice or as a substitute for detailed planning or ecological consultancy input. Civity does not provide legal services and cannot offer guarantees on planning decisions, BNG unit sales, or outcomes determined by local planning authorities, Natural England, or responsible bodies. Readers are encouraged to seek professional advice relevant to their specific circumstances, particularly in relation to legal agreements, land use planning, or habitat surveys.

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How BNG Applies to Nationally Significant Infrastructure Projects (NSIPs)

How BNG Applies to Nationally Significant Infrastructure Projects (NSIPs)

Understanding how Biodiversity Net Gain (BNG) applies to Nationally Significant Infrastructure Projects (NSIPs) is becoming increasingly important for developers, consultants, and authorities shaping the UK’s future infrastructure. NSIPs include large-scale developments of national importance – such as energy, transport, water, and waste projects – that follow a different planning process to standard applications. While BNG is already a legal requirement for most planning consents, it is set to apply to NSIPs from May 2026. This change means those delivering major infrastructure projects must begin planning now to integrate BNG principles into project design, land acquisition, and long-term management. The Recent Consultation on BNG and NSIPs In May 2025, the UK government launched a consultation on how BNG will apply to NSIPs. This consultation sets out the proposed approach and invites feedback from developers, local authorities, and others with an interest in major infrastructure. The consultation documents can be viewed here. The government proposes that applicants will be required to submit a biodiversity gain plan and a completed biodiversity metric calculation to the Examining Authority as part of their Development Consent Order (DCO) application. These plans will need to meet minimum information requirements, but in many cases final details — such as the allocation of off-site gains or confirmation of credit purchases — may only be available after consent is granted. The consultation also recognises that design changes post-consent may affect BNG calculations, so plans must allow for a degree of flexibility. How BNG Will Be Integrated into NSIPs The government intends to align NSIPs with the biodiversity gain hierarchy, which prioritises on-site habitat creation and enhancement before off-site compensation or, as a last resort, the purchase of statutory biodiversity credits. However, developers will be able to deliver BNG on-site or off-site in the first instance, offering flexibility where large-scale developments make on-site delivery challenging. Updates to the statutory biodiversity metric user guide are also proposed. These will clarify how the metric should be applied to NSIPs, including for projects that cross multiple local planning authority boundaries. Importantly, the consultation suggests that schemes spanning several authorities will be able to deliver off-site gains in any of the relevant areas without incurring additional spatial risk penalties. The Legal and Planning Framework for NSIPs and BNG NSIPs are governed by the Planning Act and require a DCO rather than standard planning permission. This process is overseen by the Planning Inspectorate and the relevant Secretary of State for the infrastructure sector involved. By integrating BNG into the DCO framework, the government aims to ensure that major infrastructure projects deliver measurable environmental benefits alongside essential services. Challenges and Considerations for Developers Applying BNG to NSIPs brings unique challenges due to the size and complexity of these projects. Many schemes cross multiple administrative boundaries, requiring coordination between different local authorities, statutory consultees, and landowners. Achieving a consistent approach to BNG delivery across these areas demands early engagement, clear ecological assessments, and carefully drafted legal agreements. Additionally, irreplaceable habitats or complex ecosystems may require bespoke mitigation strategies beyond what the standard biodiversity metric can capture. The consultation acknowledges this and invites further input on how such challenges should be managed within the BNG framework for NSIPs. Why Expert Support Matters As the consultation process continues and guidance evolves, developers should seek expert advice early in the project lifecycle. At Civity, we help navigate the complexities of off-site BNG, from working with landowners to secure biodiversity units to ensuring compliance with the latest legal and planning requirements. By engaging with the process now, developers can stay ahead of policy changes, minimise risk, and deliver infrastructure projects that contribute meaningfully to the UK’s environmental and sustainability goals. Get in Touch If you are involved in a nationally significant infrastructure project and want to understand how best to approach off-site BNG, contact Civity today at https://civitynge.com/ for expert advice and support tailored to your needs. ** The information in this blog is provided by Civity for general guidance and awareness around Biodiversity Net Gain (BNG) policy and practice in England. While we aim to ensure content is accurate and up to date at the time of publication, it should not be relied upon as legal advice or as a substitute for detailed planning or ecological consultancy input. Civity does not provide legal services and cannot offer guarantees on planning decisions, BNG unit sales, or outcomes determined by Local Planning Authorities, Natural England, or Responsible Bodies. Readers are encouraged to seek professional advice relevant to their specific circumstances, particularly in relation to legal agreements, land use planning, or habitat surveys.

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Planning Applications and Biodiversity Net Gain

Planning Applications and Biodiversity Net Gain: The Legal Role of Schedule 7A

As mandatory Biodiversity Net Gain (BNG) reshapes the planning landscape in England, the legal role of Schedule 7A within the Town and Country Planning Act 1990 has become pivotal. Schedule 7A establishes the biodiversity gain condition that governs how and when BNG must be secured. Understanding Schedule 7A and the Biodiversity Gain Condition Schedule 7A introduces the biodiversity gain condition, a legal requirement that must be met before a planning authority can lawfully approve most development applications. This condition applies to developments in England, and it requires: A minimum 10% increase in biodiversity compared to the site’s pre-development baseline. A Biodiversity Gain Plan is to be submitted and approved after planning permission is granted, but before development begins. Use of the Statutory Biodiversity Metric to calculate baseline and post-development habitat value. While broad BNG intentions are often considered during planning applications, the formal Biodiversity Gain Plan is a post-consent requirement under Schedule 7A. It must demonstrate clearly how the biodiversity uplift will be delivered. The Biodiversity Gain Hierarchy and Delivery Options Schedule 7A supports the delivery of BNG through a defined biodiversity gain hierarchy. On-site enhancements within the red-line boundary. Off-site biodiversity units are secured via legal agreements. Statutory biodiversity credits are used only as a last resort. This hierarchy is separate from, but works alongside, the mitigation hierarchy, which governs impact management: avoid, minimise, restore, and compensate. Where off-site units are used, they must be registered on the Biodiversity Gain Site Register and secured through mechanisms such as Section 106 agreements or conservation covenants. This ensures that biodiversity enhancements are legally binding and actively managed for at least 30 years. Long-Term Security: Legal Agreements and Covenants To satisfy Schedule 7A’s requirements, biodiversity enhancements must be maintained well beyond the construction phase. This is where conservation covenants and planning obligations (such as Section 106 agreements) play a critical role. They legally secure the land for biodiversity purposes. They tie habitat management responsibilities to the land title. They enable LPAs or responsible bodies to enforce compliance over time. These tools give confidence to both planning authorities and developers that BNG will be delivered reliably and transparently. Integrating BNG into the Planning Process Although the Biodiversity Gain Plan is submitted after planning permission is granted, developers must consider BNG early in the planning process. LPAs will expect baseline surveys and initial metric calculations to accompany applications and, in some cases, draft calculations (i.e. for major developments) A robust BNG strategy should: Include the baseline habitat value and proposed uplift. Outline potential on-site gains and identify if off-site units will be required. This early integration helps ensure smoother validation and faster decision-making and reduces the risk of post-consent delays. Irreplaceable Habitats and Higher Standards Schedule 7A explicitly states that BNG cannot be used to justify the loss of irreplaceable habitats. These habitats, such as ancient woodland, require bespoke mitigation and compensation.  Where development affects priority habitats or land identified in LNRS, higher ecological standards and more rigorous scrutiny are expected. In such cases, applicants will need to provide clear justification for any residual impacts. Legal Compliance and Commercial Opportunity Meeting the biodiversity gain condition is not just about avoiding refusal. It also creates an opportunity. For developers, it unlocks planning consent and avoids costly delays or enforcement action. For landowners, Schedule 7A provides a framework to: Create habitat banks that generate biodiversity units. Generate long-term income through BNG delivery. By understanding the legal requirements and securing land through appropriate legal agreements, land managers can supply registered biodiversity units to meet growing market demand. How Civity Supports BNG Delivery under Schedule 7A At Civity, we support clients across the planning and ecology spectrum. Reviewing your statutory biodiversity metric and calculating the unit numbers and types you need Helping you to prepare your BNG plan Supporting phased and complex schemes with ongoing advisory support. We also help landowners bring suitable land into the BNG market by assessing deliverability, aligning with local policy, and brokering biodiversity units to developers in need. Schedule 7A as a Catalyst for Nature Recovery. Schedule 7A represents a legal turning point in how planning permission and environmental enhancement are linked. It transforms BNG from a policy ambition into a statutory obligation that is measurable and enforceable. By embedding biodiversity improvements into the planning system and requiring them to be secured for decades, Schedule 7A enables developers, landowners, and planners to contribute to long-term nature recovery. With expert guidance and early planning, BNG can be delivered not just compliantly but meaningfully.

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prepare your land for BNG

How to Prepare Your Land for BNG Opportunities: A Practical Checklist

As mandatory Biodiversity Net Gain (BNG) is a legal requirement for most development projects in England, landowners are seeking practical ways to unlock new income streams and contribute to the natural environment through habitat enhancement. Preparing your land to deliver BNG can position you to sell biodiversity units, support local development sites, and align with wider Local Nature Recovery Strategies (LNRS). But to take part effectively, your land must be properly assessed, managed, and aligned with planning requirements. In this guide, we explore how to prepare your land for BNG opportunities. It is a practical checklist designed to help you navigate the legal framework, planning system, and ecological processes involved. Understand the Planning Context and Legal Framework First, familiarise yourself with the relevant planning laws that underpin biodiversity net gain. BNG is now a legal requirement under the Environment Act, with enforcement tied closely to the Town and Country Planning Act. Whether supporting custom build development, minerals development, or phased development, all BNG contributions must follow the biodiversity gain hierarchy, which prioritises on site gains before off site gains or the use of statutory biodiversity credits. Assess Pre-Development Biodiversity Value The next step in preparing your land is establishing a clear pre-development biodiversity value using the statutory biodiversity metric developed by Defra. Accurate biodiversity metric calculations are crucial to demonstrate potential uplift. Professional ecologists can assess existing habitats, landscape features, and the potential for habitat creation or habitat enhancement. This baseline assessment is the foundation for future biodiversity gain plans. It identifies what enhancements or creation opportunities are feasible and how you might offer biodiversity units to development sites struggling to meet their biodiversity gain objective through on-site habitat enhancements alone. Plan for Habitat Creation and Ongoing Management Successful BNG delivery relies not only on creating habitats, but also on managing them effectively over at least 30 years. Establish a realistic plan for habitat management, identifying opportunities to restore or create habitats considering the existing habitats on site, the local context, and your abilities to undertake the management. You’ll need a long-term monitoring plan and a legally binding agreement such as a conservation covenant or SE106 to formalise your responsibilities. These measures are essential to support ongoing management and demonstrate accountability to responsible bodies.  Align with Local and National Priorities To maximise the value of your land in BNG markets, align your plans with local and national priorities. Review your region’s Local Nature Recovery Strategy (if published), which sets out where local authorities want to see targeted ecological improvements. After you have a legal agreement (and any necessary permits) in place, you will need to register your land on the Biodiversity Gain Site Register, which helps connect your site with developers seeking off-site biodiversity gains. By being proactive, your land could support a major development, a non-major development, or even a minor development struggling to meet the required uplift. Consider Financial, Legal and Planning Implications Before you proceed, consider key financial and legal matters. Participation in BNG schemes may carry tax implications, affect how you declare income from natural capital, and involve costs for ecological surveys and legal support. You’ll also need to budget for management costs and monitoring over time. Take Advantage of Further Guidance and Expert Help Navigating BNG successfully requires expert guidance at every stage—from habitat assessments and support with site registration to long-term biodiversity monitoring. Civity provides an end-to-end service, end-to-end service for landowners looking to deliver Biodiversity Net Gain that is ecologically sound, legally compliant, and financially viable. We take care of everything: assessing the ecological baseline, preparing the Habitat Management and Monitoring Plan (HMMP), securing all necessary consents such as Flood Risk Activity Permits and EIA Agriculture screening, and liaising with the Local Planning Authority or Responsible Body to secure the legal agreement. We also handle the site registration process and cover the associated legal costs on behalf of the landowner. Our team then works proactively to broker BNG unit sales with developers—ensuring market access and financial return for the landowner. Once the site is established, we remain your ecological partner throughout the duration of the full scheme, carrying out monitoring surveys and submitting the required reports, giving peace of mind that all obligations are being met. Whether you’re managing farmland, woodland, or underused land with low existing biodiversity, Civity can help unlock its potential. With careful planning, strategic insight, and integrated delivery, we help you make the most of nature markets, creating habitats that benefit both biodiversity and your business.

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