Part 7: Conservation Covenants Section 117: Conservation covenant agreements
Subsection (1) defines a conservation covenant agreement. It is a voluntary, private agreement between a landowner and a "responsible body" (as defined in section 119), executed as a deed by the parties, and containing provision which meets specified conditions as set out in subsection (1)(a). These conditions are that the provision is of "a qualifying kind", has a "conservation purpose", and is intended by the parties to be for the public good. The meaning of "qualifying kind" is covered in subsection (2). Subsection (3) defines "conservation purpose" and the meaning of "conserving" is dealt with in subsection (4).
	Subsection (1) also states that for the agreement to be a conservation covenant it must be apparent from the agreement that the parties intend to create a conservation covenant. No particular wording is specified for that purpose. The intention of that requirement is to ensure that agreements do not take effect as conservation covenants contrary to the wishes of the parties.
	Subsection (2) states that a provision of a "qualifying kind" is of one of two kinds. First, it may require the landowner to do, or not to do, something on specified land in England, or require the landowner to allow the responsible body to do something on such land. Second, it may require the responsible body to do something on such land.
	Subsection (2) also provides that the landowner must hold a "qualifying estate" in the land to which the provision in question relates and this must be specified in the agreement. As set out in subsection (4), a "qualifying estate" is a freehold, or a leasehold estate of more than seven years; subsection (4)(b) provides that a conservation covenant can only be created by a lessee during the fixed term of the lease, and not during any subsequent period of statutory continuation of the lease (for example, under section 24(1) of the Landlord and Tenant Act 1954).
	Subsection (3) sets out what qualifies as a conservation purpose. It extends to the natural environment of the land, such as plants and animals and their habitats; the land’s natural resources, such as water on the land; the land as a place of archaeological, architectural, artistic, cultural or historic interest; and the setting of the land. The reference to setting provides for the protection of land around a conservation site, which may affect its conservation status. For example, the architectural or artistic value of a country house could derive in part from the landscape in which it is set.