Typical fee band
Legal fees split into developer’s solicitor (drafting, negotiating, executing) at £2,000 to 5,000 for a single-issue BNG S106; LPA legal review at £500 to 2,500 typically recharged to the applicant; and registration on the Biodiversity Gain Sites Register where off-site delivery applies.[S12]
S106 versus conservation covenant
The conservation covenant is a newer instrument under the Environment Act 2021 designed to attach binding obligations to land via a designated responsible body (charity, public body, statutory undertaker). Where the responsible body and the developer are aligned, it can compress legal cost to £1,500 to 4,000 plus the responsible body’s administration fee. The designated list is small but growing.[S7]
LPA legal review fee
The LPA generally recharges its legal review cost to the applicant via the planning performance agreement or by direct invoice. Timing varies by authority; some review at the s106 drafting stage, others at the post-decision discharge stage.
Designated responsible bodies (selected)
- National Trust (England)
- Wildlife Trusts (per regional trust)
- Natural England (statutory)
- RSPB
The full list is maintained on GOV.UK and growing.[S7]