ENV/Ecology/TBT-ENV-020

Nesting Birds and Seasonal Restrictions

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Presenter		Project
Location		Date

All wild birds, their nests, and eggs are protected under the Wildlife and Countryside Act 1981.
It is a criminal offence to intentionally destroy or disturb an active bird nest during the breeding season.
The main bird nesting season runs from March to August, though some species nest outside this period.
Construction activities including vegetation clearance, demolition, and tree felling can destroy active nests.
A pre-works ecological check is required before clearing vegetation or demolishing structures during nesting season.
If an active nest is found during work, all activities within the buffer zone must stop immediately.
Certain species including barn owls, peregrines, and Schedule 1 birds have additional year-round protections.
Penalties for bird nesting offences include unlimited fines and up to six months imprisonment per offence.
Nesting deterrent measures such as pre-clearance outside the season or netting can prevent problems.
An ecological clerk of works may be needed on sensitive sites to monitor nesting activity during construction.

Legal protection	All wild bird nests are legally protected — disturbance or destruction is a criminal offence with severe penalties.
Project delays	Finding active nests during work causes stop-work orders that delay programmes until nesting is complete.
Ecological value	Birds are vital indicators of environmental health — their protection is both a legal and moral responsibility.

Don't

Commission a pre-works ecological check before any vegetation clearance during nesting season
Plan vegetation clearance and demolition outside the main nesting season where possible
Stop work immediately if an active nest is discovered and report to the site ecologist
Maintain a buffer zone around any active nest as advised by the ecologist
Brief all site workers on the legal protection for nesting birds and what to look for
Install nesting deterrent measures before the breeding season on structures to be demolished
Record all nesting bird observations and actions taken in the environmental log
Engage an ecological clerk of works on sensitive sites during the nesting season
Check Schedule 1 species protections — some birds are protected year-round
Allow the nest to remain undisturbed until the young have fledged and left naturally

DON'T clear vegetation or fell trees during nesting season without an ecological check
DON'T destroy, disturb, or move an active bird nest under any circumstances
DON'T continue work near an active nest — maintain the buffer zone until fledging
DON'T assume birds only nest in trees — they use buildings, scaffolds, plant, and ground
DON'T install netting over potential nest sites during the breeding season
DON'T ignore Schedule 1 species — they have additional protections beyond standard rules
DON'T pressure the ecologist to allow work to continue near an active nest
DON'T remove nesting deterrent measures during the breeding season without checking first
DON'T treat nesting bird offences as minor — they carry criminal records and significant fines
DON'T assume the nesting season is over in August — some species nest into September

See also: Protected Species Awareness | Tree and Hedgerow Protection

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