Trethowans is an award‑winning full‑service law firm with over 150 years of experience. With five offices across the South of England Trethowans support a wide range of clients. Their specialist lawyers pride themselves on delivering clear, comprehensive and timely advice, providing an exceptional level of client service on every instruction. Trethowans aim to operate as an extension of their clients’ interests, building long‑standing relationships through consistently first‑class, predominantly partner‑led advice that combines quality with value for money.
‘At Trethowans, we are committed to supporting organisations that drive meaningful and sustainable change. The EFG plays a vital role in helping farmers and landowners protect and enhance the natural environment while building resilient rural communities. By sponsoring the EFG, we are proud to champion innovative environmental stewardship and support the long-term sustainability of the landscapes and businesses that are at the heart of our region.’
‘Trethowans has one of the biggest rural teams in the south of England and a deep understanding of rural matters. The regulatory and planning landscape is constantly evolving and we can help and support farmers and landowners navigate through this increasingly complex area.
The introduction of mandatory Biodiversity Net Gain (BNG) requirements in England and the development of the natural capital market has represented a significant shift in how land is valued, managed, and legally secured. For farmers and landowners, these changes create both new responsibilities and new opportunities and places them at the centre of a rapidly expanding natural capital market.
This presents new diversified income stream opportunities. Off‑site BNG units are in demand as developers seek reliable and cost‑effective ways to comply with planning obligations and long‑term BNG agreements can provide stable revenue for farmers and landowners.
The Importance of Natural Capital Beyond BNG
BNG is only one piece of the wider natural capital landscape. Farmers and landowners may also benefit from nutrient mitigation schemes, carbon credits, water quality initiatives and emerging ecosystem services markets.
The trend is clear – natural capital is becoming a core consideration for agricultural land management with structured long‑term agreements required to unlock these opportunities.
Where Trethowans Can Help
At Trethowans, we guide farmers and landowners through the legal, commercial, and practical complexities of entering into BNG and other natural capital agreements. These arrangements often involve long-term commitments which requires careful risk management. Our support covers:
- Due diligence and suitability assessments
We help you assess whether your land is appropriate for BNG or natural capital schemes by reviewing existing tenancies, title restrictions, environmental constraints and stewardship agreements.
- Drafting and negotiating BNG agreements
BNG delivery must be legally secured through conservation covenants or Section 106 agreements. We ensure these documents reflect your interests, set clear obligations, allocate risk appropriately and protect future land use flexibility. This is essential as agreements typically span 30 years.
- Navigating tax and regulatory implications
BNG income may carry income tax, VAT, CGT, or IHT implications, depending on the structure of the agreement. Certain biodiversity land uses may still qualify for Agricultural or Business Property Reliefs but these need careful analysis. We work alongside your accountants to ensure tax efficiency.
- Long‑term management and compliance
BNG delivery requires ongoing monitoring, reporting and management. We help structure agreements so that obligations are achievable, clearly allocated and workable for everyday farm operations.
- Maximising Natural Capital Opportunities
With biodiversity declining nationally and government policy pushing towards greener development, BNG and natural capital markets will continue to grow. Our role is to ensure farmers and landowners can participate confidently and profitably, with robust legal foundations that protect their land, rights, and long‑term interests.
Trethowans can also assist on a wide range of other rural and agricultural matters including development, solar, partnership agreements and disposal of assets for tax planning. Please contact Jonathan Bailey (Jonathan.Bailey@trethowans.com) for further information.’