Protection of Plants and Animals

Construction sites frequently border or contain habitats for protected wildlife and established plant species.
The Wildlife and Countryside Act 1981 makes it a criminal offence to disturb or harm protected species.
Protected species commonly found on UK construction sites include bats, great crested newts, badgers, and nesting birds.
All wild birds, their nests, and eggs are protected by law — nesting season typically runs March to August.
Trees may be protected by Tree Preservation Orders (TPOs) or by being within a Conservation Area.
Hedgerows over 30 years old may be protected under the Hedgerows Regulations 1997 and cannot be removed without consent.
An Ecological Clerk of Works (ECoW) may be appointed to monitor works and advise on ecological constraints.
Invasive species such as Japanese Knotweed, Giant Hogweed, and Himalayan Balsam have legal control requirements.
Penalties for wildlife offences include unlimited fines and up to six months' imprisonment per offence.
Pre-construction ecological surveys identify constraints — their conditions must be followed throughout the project.

Legal obligation	Disturbing protected species or destroying habitats without a licence is a criminal offence with severe penalties.
Project delays	Discovering protected species during works can stop a project for months while licences and mitigation are arranged.
Environmental duty	Construction must leave the natural environment in a better condition — biodiversity net gain is now a legal requirement.
Client reputation	Environmental prosecutions generate negative publicity that damages client relationships and future tender opportunities.

Do

Don't

Check the site environmental plan for ecological constraints before starting any new activity.
Respect all tree protection fencing, exclusion zones, and ecological buffer areas on site.
Report any discovery of wildlife, nests, burrows, or unusual plants to the site manager immediately.
Follow seasonal restrictions — avoid vegetation clearance during bird nesting season March to August.
Attend the ecological briefing and follow the ECoW's instructions where one is appointed.
Use designated haul routes and compound areas to avoid encroaching on sensitive habitats.
Store materials, fuels, and waste well away from watercourses, hedgerows, and tree root zones.
Install silt fencing and sediment traps to prevent runoff entering watercourses and ponds.
Cover excavations or provide escape ramps overnight to prevent animals becoming trapped.
Record and photograph any ecological finds before contacting the ECoW or site manager.

DON'T remove, cut, or damage any tree, hedgerow, or vegetation without prior approval.
DON'T enter tree protection zones with plant, vehicles, or stored materials at any time.
DON'T disturb or handle any wildlife, nests, eggs, or animal burrows found during works.
DON'T discharge site water, silt, or chemicals into any ditch, stream, pond, or drainage.
DON'T spread invasive species — clean boots, tools, and plant before leaving affected areas.
DON'T assume a dead-looking tree is unprotected — it may host bat roosts or be TPO-protected.
DON'T ignore ecological exclusion zones marked on drawings even if they appear empty.
DON'T carry out night works with uncontrolled lighting near known bat roosts or watercourses.
DON'T leave open excavations, trenches, or voids uncovered overnight without escape ramps.
DON'T attempt to relocate any animal or plant species — only licensed ecologists may do this.

See also: Protected Species Awareness | Tree and Hedgerow Protection

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