Sell biodiversity units as a land manager
Steps you can take if you want to sell off-site biodiversity units to developers.
Applies to England
As a land manager, you could be:
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a landowner
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a farmer
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an estate owner
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a local authority
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a habitat bank operator
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a facilities, property or estate manager
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a land agent
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a land advisor
How to sell biodiversity units
You can sell off-site biodiversity units:
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to a developer
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in partnership with your local authority
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through a habitat bank operator
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through a broker
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on a trading platform
You can also go into partnership with other land managers to increase the area you have for sale. This could be for bigger projects.
You cannot sell biodiversity units when you’re already required to create or enhance habitat for:
restocking trees
- marine licensing
remediation under the environmental
impactdamageassessmentregulations
Protected compensationsites
You may be able to enhance a protected site and sell the units for BNG. You must get consent from Natural England before you start work.
Intertidal protected sites
marineYou licensingcan enhance any intertidal habitat on a protected site, including designated features, if there is no appropriate alternative habitat.
Non-intertidal protected sites
You can enhance a feature that has not been designated. You must not harm a designated feature.
Get your site ready
1. Find out what habitats your local area needs. To get an idea of what habitat you could create or enhance, you could ask your local planning authority (LPA) for:
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biodiversity action plans
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green infrastructure strategies
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catchment management plans
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biodiversity opportunity areas
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local nature partnership documentation
2. Consider how you can combine biodiversity net gain with other environmental payments.
You can combine biodiversity units and nutrient credits. You may be able to sell them alongside other environmental payments.
3. You will need to calculate how many biodiversity units you will have on your site.
You should use a qualified ecologist to do this. They will do this calculation using the biodiversity metric.
You will need to recalculate your biodiversity units if habitat was created or enhanced on your land before 30 January 2020. You can do this using the biodiversity metric.
You can create biodiversity units before you sell them. This is habitat banking.
4. Secure the land by a legal agreement
You’ll need to commit to managing the habitat for at least 30 years.
You’ll need a planning obligation (section 106) with an LPA or a conservation covenant with a responsible body.
You’ll also need to agree on a habitat management and monitoring plan (HMMP) with your LPA or responsible body.
5. Price your units
To come up with a price for your units, you should think about including:
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management of the land covering at least 30 years
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monitoring and reporting
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ecologist or other experts’ costs
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insurance
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costs to cover work if the habitat fails
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machinery, tools and other staff to carry out the tasks
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inflation and market competition costs
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the cost of experts to review your legal agreement
You’ll need to agree with the developer, responsible body or LPA whether you’ll get paid by:
- lump sum
- staged payment
- results
Registering your land
You will need to register your land as a biodiversity gain site from November 2023.
You can sell biodiversity units and allocate them to a development before or after you register.
If you’re registering someone else’s land, you must provide proof that you can do this on their behalf.
Give feedback on this guidance by completing a short survey.
Last updated
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Added a new section on protected sites. Updated section on how to sell biodiversity units.
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Added link to feedback survey. Updated section on registering your land.
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First published.
Update history
2024-03-15 11:30
Clarified the information on how to take strategic action to meet local nature recovery strategies and BNG, and added that land managers should include these actions in habitat management and monitoring plans.
2024-02-12 12:27
Updated box at top of page to state that biodiversity net gain (BNG) is mandatory from 12 February 2024 and removed the ‘draft guidance’ label. Made changes throughout, including adding links to BNG services, and clarifying the purpose of using the statutory biodiversity metric, that the land owner is legally responsible for creating or enhancing habitat, that the 30-year BNG maintenance starts after enhancement as well as creation, the role of a habitat bank operator, and information about recording the allocation of off-site biodiversity gains.
2023-12-15 14:38
Added ‘type’ to the list of factors the biodiversity metric measures.
2023-11-29 14:17
Updated with more detail throughout, ahead of biodiversity net gain becoming mandatory. This includes details on what we mean by ‘land manager’, why you may choose to sell biodiversity units, options and obligations, and steps for selling biodiversity units.
2023-10-13 15:11
Updated that you will need to register your land as a biodiversity gain site when BNG becomes mandatory (removed the date of November 2023).
2023-05-02 11:53
Added a new section on protected sites. Updated section on how to sell biodiversity units.
2023-02-23 14:15
Added link to feedback survey. Updated section on registering your land.
2023-02-21 09:30
First published.