ENV/Ecology/TBT-ENV-022

Badger Sett Protection

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Badger Sett Protection

Toolbox Talk Record

Ref: TBT-ENV-022  |  Issue: 1  |  Date: March 2026
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What?

  • Badgers and their setts are protected under the Protection of Badgers Act 1992 in the UK.
  • It is a criminal offence to kill, injure, or take a badger, or to interfere with a sett.
  • Interfering with a sett includes blocking entrances, digging near, or causing disturbance from noise or vibration.
  • A sett is any structure or place which a badger uses for living — including disused setts that may be reoccupied.
  • Natural England must issue a licence before any work that may disturb a badger sett can proceed.
  • A typical exclusion zone of 30 metres around active setts is recommended during construction.
  • Badger surveys are usually required before construction begins in rural or semi-rural areas.
  • Badgers are nocturnal — setts may appear inactive during daytime site inspections.
  • Penalties for offences include unlimited fines and up to six months imprisonment per offence.
  • Ecological clerk of works (ECoW) supervision may be required for works near confirmed setts.

Why?

Legal protectionThe Protection of Badgers Act 1992 makes it a criminal offence to damage setts or disturb badgers.
Prevent prosecutionIndividuals and companies face unlimited fines and imprisonment for breaching badger protection laws.
Environmental dutyProtecting badgers and their habitats is a legal and ethical obligation on all UK construction projects.
Do Don't
  • Commission a badger survey before starting works in rural or edge-of-town locations
  • Establish and clearly mark exclusion zones around all identified badger setts
  • Apply to Natural England for a licence if works will disturb or close a sett
  • Brief all site personnel on the location of setts and the legal protection in place
  • Stop work and contact the ecological advisor if a new sett is discovered during works
  • Use an ecological clerk of works to supervise activities near confirmed setts
  • Avoid night working near setts as badgers are most active after dark
  • Keep heavy plant and vibration-generating activities outside the exclusion zone
  • Maintain fencing around exclusion zones for the full duration of the project
  • Report any evidence of badger activity such as latrines, paths, or fresh digging
  • DON'T excavate, drive plant, or store materials within 30 metres of an active sett
  • DON'T block or obstruct any badger sett entrance with soil, materials, or equipment
  • DON'T carry out noisy or vibration-heavy work near setts without ecological advice
  • DON'T assume a sett is abandoned — badgers reoccupy setts seasonally
  • DON'T proceed with works near setts without a valid Natural England licence
  • DON'T remove or relocate badger fencing or exclusion zone markers
  • DON'T use lighting that illuminates sett entrances during night working operations
  • DON'T ignore newly dug holes or paths on site — they may indicate badger activity
  • DON'T attempt to handle, trap, or move badgers without specialist licensed assistance
  • DON'T allow dogs onto site areas where badger setts have been identified

See also: Protected Species Awareness | Ecological Clerk of Works Role
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