The law on nesting birds
Under the Wildlife and Countryside Act 1981, all wild birds, their eggs and nests are protected. The government's wild birds guidance says it is an offence to intentionally take, damage or destroy a nest while it is being built or used, and that in most cases you can avoid harm by timing work to avoid the breeding season. Birds nest mostly between March and August, but they can nest at other times, so there is no date range when checks are not needed. Some species, such as barn owls, have extra protection. The offence is in section 1 of the Act.
The law on bats
All bat species are European protected species. Under the Conservation of Habitats and Species Regulations 2017 (see regulation 43), it is an offence to damage or destroy a breeding site or resting place, and bats' roosts are protected whether or not bats are present at the time. The government's bat guidance lists cutting down or removing branches from a mature tree among the activities that can affect bats, and says penalties can include up to six months in prison and an unlimited fine.
What a pre-work check involves
- Ground-level inspection. A competent person looks over the tree, and any hedge or scrub, for nests and for potential roost features.
- Close inspection if needed. This may include climbing the tree or using a platform to look into cavities.
- A decision. Work goes ahead, is changed or delayed, or is stopped until an ecologist has been consulted.
Signs of a bat roost
These are general signs a competent person looks for. You cannot rule a roost out from the ground yourself, so treat this as a guide to what to ask the firm about.
- Woodpecker holes, rot holes and cavities.
- Splits and tears in the bark, or where a limb has failed.
- Thick ivy covering the trunk, which can hide cracks and hollows.
- Droppings or staining below a hole.
Older trees are most likely to have these features, but they are not exclusive to old trees. A tree with none of them may still be used, which is why checks are done before every job.
When you need an ecologist or a licence
If a tree has features a bat could use and the work cannot avoid them, a bat survey by a qualified ecologist is the next step. The government guidance points to the directories of the Chartered Institute of Ecology and Environmental Management and Environmental Data Services for finding one. If harm cannot be avoided, a mitigation licence from Natural England may be needed.
Timing the work
Planning is the simplest protection. Where a job is not urgent, many firms schedule heavy hedge and tree work for autumn and winter, which avoids most of the nesting season. Winter work does not remove the need for checks, since birds can nest at any time of year and a bat roost is protected all year. Dead or dangerous trees that need work straight away are a different matter, so ask the firm how it will check in an emergency.
If a nest or bat is found mid-job
Stop cutting in that part of the tree. Do not move a nest or a bat yourself. Contact a licensed ecologist, or call the National Bat Helpline (run by the Bat Conservation Trust, which gives free advice on behalf of Natural England). For birds, work usually resumes once the young have left the nest; for bats, only when the ecologist has advised on a safe way forward.
Wildlife checks are part of any careful tree job. See also tree felling and hedge trimming, where nesting is a particular issue, and the TPO guide for protected trees.