Private Wealth

Natural Capital

Expert natural capital legal advice and support.

Specialist natural capital lawyers

The UK is among the most nature-depleted countries globally. To address this, the Government has made a legally binding commitment to halt species decline by 2030 and protect 30% of land and sea for nature by the same year. Achieving these goals will require private investment in nature restoration, focusing on enhancing “natural capital” like woodlands, peatlands, and other valuable habitats.

This has led to the development of markets for natural capital products such as carbon credits, biodiversity units, and nutrient credits—creating both opportunities and challenges for rural landowners.

Our focus areas

With new and emerging markets and government schemes, it is important to take legal advice to make sure you have the right agreements in place and to ensure you know the full implications of entering a scheme. We advise:

Natural capital presents a compelling investment opportunity for funds responding to the increasing demand for sustainable finance. With opportunities in carbon sequestration, biodiversity and renewable energy, natural capital projects offer portfolio diversification, long-term value creation and alignment with ESG mandates. Our expertise helps to ensure efficient fund structuring, regulatory compliance and tax optimisation.

For private landowners, natural capital opens doors to diversified income streams through initiatives like renewable energy projects, biodiversity credits and carbon offsetting. Revenue stacking—layering income sources such as solar farms and habitat conservation—allows landowners to maximise financial returns while safeguarding land use. Whether guiding planning permissions, structuring environmental agreements or advising on the long-term impacts of land use changes, we help landowners unlock the potential of natural capital while preserving the value of their estates.

For many charities, natural capital aligns environmental sustainability with public benefit objectives, enhancing their ability to attract environmentally conscious donors. The support we provide to our charity clients includes advising on governance, regulatory compliance and structuring natural capital projects to ensure that they advance charitable missions while meeting legal obligations.

Natural capital enables corporate rural landowners to embed sustainability into land management while meeting regulatory and business objectives. Partnerships with local authorities and other stakeholders can drive impactful environmental projects, enhancing biodiversity and achieving carbon reduction targets. Our expert advice includes land use strategies, regulatory compliance and managing stakeholder relationships, ensuring sustainability initiatives align with operational and legal priorities.

Our services

Our expert lawyers provide specalisist advice and support in:

  • Advising on and drafting environmental unit sale and purchase agreements.
  • Preparation of environmental/conservation covenants and S106 agreements for environmental schemes.
  • Finance agreements.
  • Collaboration agreements between multiple landowners wishing to benefit from environmental schemes.
  • Preparation of promotion agreements, promoting land for natural capital.
  • Assisting landowners in bringing ‘oven ready’ environmental schemes to the market, whether that be via the selling of environmental units/credits, or a sale or lease of land.
  • Working in partnership with land agents to value land for natural capital.
  • Assisting in applying for planning permissions and preparing any environmental management agreements needed to accompany the application.
  • Advising in relation to habitat management agreements and plans.
  • Advising on green energy projects such a battery storage, solar and wind farms and drafting relevant legal agreements.
  • Advice on the pros and cons of entering into environmental schemes in the context of succession planning for farming businesses.
  • Advice on impact on long term land use and land value when considering entering land in natural capital schemes.
  • Advice on tax implications for the change in use of land from traditional farming to environmental schemes.
  • Advice on disputes arising as a result of an environmental scheme, for example:
    • Enforcing the terms of agreements.
    • Interpretation of clauses in agreements.
    • Breach of conservation covenants and S106 agreements.
    • Breaches of planning obligations or planning conditions.
    • Landlord and tenant disputes over who can benefit from natural capital on the holding.

Why choose Foot Anstey?

At Foot Anstey, we take a multi-disciplinary approach to natural capital projects and are able to call on specialist lawyers in rural land, clean energy and infrastructure, planning, tax and succession and dispute resolution to provide our clients with a wealth of experience and legal expertise in this area.

We work collaboratively within the firm and with our clients’ other professional advisers to bring in expertise from all areas of agricultural law, ensuring the best legal and commercial solutions are achieved every time.

Our people

At Foot Anstey, our team of specialist lawyers are here to help and can support you through all elements of your transaction to produce environmental goods on your land.

Our multidisciplinary team brings deep expertise across environmental, commercial, corporate, real estate, and planning law. With extensive experience in natural capital, we stay ahead of evolving regulations and market trends to help future-proof your investments.

Meet our team

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What do our clients say?

“They combine being extremely personable and client friendly with an encyclopaedic knowledge of their subject.”

Legal 500 2024

“The practice is very professional and has experts in many fields. This gives a client security that the person that they are dealing with has experience and knowledge on hand if need be. The collaborative facility gives the client more scope ‘in-house’ on different aspects of their needs.”

Legal 500 2024

“Excellent service and explanations of complicated laws and legal terms. My solicitor has given and explained that there are different options to tax liabilities etc, for me to have the knowledge to decide the best way forward.”

Legal 500 2024

“The team at Foot Anstey are approachable, friendly and knowledgeable. They are deeply immersed in the renewable energy and EV sectors and always give practical and tailored advice.”

Legal 500 2024

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