SiteKiln gives you plain-English information, not legal advice. If you need advice specific to your situation, talk to a qualified ecologist or Natural England.
Protected species law is where a "quick job" can suddenly become a criminal offence if you just crack on. This page wants to stop that happening.
1. Bats -- roofs and trees you can't just rip out
In England, all bat species and their roosts are strictly protected under both:
- Wildlife and Countryside Act 1981; and
- Conservation of Habitats and Species Regulations 2017.
You can commit a criminal offence if you:
- Deliberately capture, injure or kill a bat.
- Damage or destroy a breeding site or resting place (roost) -- this is an offence even if bats are not present at the time.
- Intentionally or recklessly disturb bats while they are occupying a structure or place of shelter.
- Intentionally or recklessly obstruct access to a roost.
In building terms: stripping a roof, demolishing, repointing, felling trees or working on old barns/bridges that are or may be bat roosts needs ecologist input and, if necessary, a licence from Natural England before you start.
Developers and contractors have been prosecuted and fined for destroying bat roosts without surveys or licences.
2. Great crested newts -- ponds and wet bits
Great crested newts are also protected by law -- it's an offence to kill, injure or disturb them, or damage/destroy their breeding sites and resting places.
If surveys (or the local planning authority) show great crested newts are present:
- You usually need a protected species licence from Natural England (or the relevant body) before you start works affecting their habitat.
- A mitigation strategy is required -- methods and timing to avoid/minimise harm, habitat creation or enhancement to compensate, and sometimes trapping/relocation.
- In many areas, the District Level Licensing scheme means developers pay into a strategic habitat-creation fund instead of managing everything site-by-site, but you still must follow licence conditions and site guidance.
If you're within about 500m of a pond, councils often expect you to consider newts as part of planning and may steer you into district licensing or more detailed surveys.
3. Nesting birds -- don't smash active nests
Under the Wildlife and Countryside Act 1981, wild birds, their nests and eggs are protected.
During the nesting season (typically spring/summer, exact dates vary), it is generally an offence to:
- Intentionally take, damage or destroy the active nest of any wild bird while it is in use or being built.
- Take or destroy eggs.
On site, that means you must not:
- Knock down active nests in eaves, hedges, scaffolding or on structures you're about to demolish.
- Strip vegetation or net off ledges once birds are already nesting.
You can sometimes use pre-nesting deterrents (e.g. netting or other measures) if they're installed before birds start nesting and done in a way that doesn't itself trap or harm birds, but once nests are active you're into delay or licensed mitigation, not "smash and carry on".
4. The simple rule for your site
If you see bats, bat sign, ponds/newts, or active nests -- stop and get an ecologist or the client's adviser involved. It's much cheaper than defending a wildlife prosecution.
Red flags that should make you pause
- Working on roofs, barns, old buildings or bridges -- check for bats before stripping.
- Demolition or conversion of any pre-1960s building -- bat survey is often expected.
- Any pond, ditch or wet area within 500m -- newt risk.
- Hedgerow removal, tree felling or vegetation clearance between March and August -- nesting bird risk.
- Any planning condition mentioning "ecological survey" or "protected species" -- don't ignore it.
5. Common mistakes
- "We didn't know there were bats" -- ignorance is not a defence. If the building type or location makes bats likely, you should have checked before starting.
- Stripping a roof without a bat survey on an old building -- one of the most common prosecution triggers.
- Clearing hedges or trees in nesting season -- even if there's no planning condition, the Wildlife and Countryside Act still applies.
- Assuming newts only matter if you can see them -- great crested newts are nocturnal and hard to spot; surveys are needed in the right season.
- Ignoring planning conditions about ecology -- if a condition says "no work until ecological survey completed", starting before that is a planning breach as well as a potential wildlife offence.
- Netting buildings or hedges badly -- poorly installed netting can trap and kill birds, making things worse, not better.
6. Who to contact
- Natural England -- protected species licensing and advice: gov.uk/government/organisations/natural-england (free guidance, licence fees may apply)
- Natural England species licensing team -- 020 8026 1089 (for licence queries)
- Your local planning authority -- for planning conditions relating to ecology and protected species (free)
- A qualified ecologist -- for bat surveys, newt surveys, nesting bird checks. Find via CIEEM: cieem.net/find-an-ecologist (paid)
- CIEEM (Chartered Institute of Ecology and Environmental Management) -- find qualified ecologists: cieem.net
- Bat Conservation Trust -- bat advice and roost helpline: 0345 1300 228 (free)
7. Sources and legislation
- Wildlife and Countryside Act 1981 -- protection of wild birds, their nests and eggs (Part I), and other protected species. legislation.gov.uk/ukpga/1981/69
- Conservation of Habitats and Species Regulations 2017 -- strict protection for European Protected Species including bats and great crested newts. legislation.gov.uk/uksi/2017/1012
- Natural England -- standing advice on protected species -- guidance for developers and planners: gov.uk/guidance/protected-species-how-to-review-planning-applications
- Bat Conservation Trust -- guidance for developers -- surveys, licensing and mitigation: bats.org.uk
- Natural England -- District Level Licensing for great crested newts -- strategic approach to newt mitigation: gov.uk/government/publications/great-crested-newts-district-level-licensing-schemes
8. Related guides on this site
- 11.8 Noise and dust complaints from neighbours -- your obligations
- 11.9 Contaminated land -- what to do if you find something
- 11.10 Sustainability in construction -- regulations heading your way
- Building Regulations: Conservation Areas & Listed Buildings
- Building Regulations: SuDS & Surface Water
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