5. How is Biodiversity Net Gain Legally Secured?
The monitoring and management of significant onsite enhancements* and all offsite biodiversity gain sites will need to be legally secured for a minimum of 30 years, although longer agreements may be necessary to ensure more complex habitats reach their target condition. Significant onsite and offsite BNG are likely to be secured through S.106 agreements or conservation covenants.
A legal agreement is an obligation to enhance and maintain a habitat and must include:
- how the habitat(s) will be maintained
- who is responsible for creating and enhancing the habitat(s)
- who is responsible for the maintenance, management, and monitoring
*For some smaller sites with significant onsite enhancements and all non-significant onsite enhancements, it is likely that this will be secured via planning conditions.
For more information, please visit DEFRA guidance on legal agreements to secure BNG and Planning Advice Service Legal Agreement and Planning Condition Templates.