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Quick answersWhat the law saysWhen is nesting season?CroydonWhat we doCommon situationsIf you find a nestEffect on your job
Quick Answers
| Question | Answer |
|---|
| Can I cut a hedge in nesting season? | There's no fixed ban, but you must not damage an active nest. Check carefully, and wait if you find one |
| Can I cut down a tree in my garden in nesting season? | Often yes, after a careful check for active nests and bats |
| When is bird nesting season in the UK? | Guidance generally uses 1 March to 31 August, but the law doesn't set dates and birds can nest outside it |
| What if I find a nest? | Stop, leave it, and wait until the chicks have left |
| Are bats protected? | Yes, all year, along with their roosts |
| Does TPO or planning consent override this? | No. Wildlife law applies as well |
| What's the penalty? | A criminal offence, with an unlimited fine and up to six months in prison possible |
| Can you do emergency work in nesting season? | Yes, safety comes first, but limit the work and check as far as is safe |
What the Law Says
Wild Birds
Under the Wildlife and Countryside Act 1981, it's an offence to intentionally or recklessly kill, injure or take any wild bird; to take, damage or destroy a nest while it is in use or being built; or to take or destroy a wild bird's eggs. For a small number of rarer species listed in Schedule 1, it's also an offence to disturb them while nesting.
"Nest in use" is the key phrase. A nest is protected from the moment a bird starts building it until the young have left. An old, empty nest isn't protected in the same way, though some species reuse nests, so it's not always obvious which is which.
Bats
Bats and their roosts are protected all year under the Conservation of Habitats and Species Regulations 2017 and the Wildlife and Countryside Act 1981. It's an offence to deliberately capture, injure or kill a bat, to disturb it, or to damage or destroy a roost, even if the bats are absent at the time. Work that could affect a roost normally needs specialist advice and sometimes a Natural England licence.
Other Protected Wildlife
Badgers and their setts are protected by the Protection of Badgers Act 1992, and other species such as great crested newts and some reptiles are protected too. Stag beetle larvae live in decaying wood underground, including in old stumps, which matters for stump grinding. If you know or suspect any protected species is present, tell us before work.
Penalties
Offences against wild birds and bats can lead to an unlimited fine and up to six months in prison, per offence, and the person doing the work can be prosecuted as well as the owner. "I didn't look" isn't a defence if you should have checked.
TPOs, Conservation Areas and Planning Don't Override It
A TPO consent, a conservation area notice or a planning permission doesn't give you permission to harm nesting birds or bats. They're separate laws. See Do I need permission to fell a tree?
When Is Nesting Season?
The law doesn't set dates. The period most guidance uses is 1 March to 31 August, because that's when most UK garden birds nest, but it's a guide, not a rule.
| Why it's only a guide | What it means |
|---|
| Some birds nest early | In London, some species can start nesting in January to March |
| Some birds nest late | Late broods can run into September |
| Some birds nest almost all year | Wood pigeons and collared doves can nest nearly year-round |
| Weather shifts timing | A mild winter or cold spring moves everything |
| Nests last a few weeks | From nest-building to fledging often takes around four to six weeks for common garden birds, but some take longer |
So the safe approach isn't "avoid March to August". It's "check before every job, whatever the month".
| Month | What to think about |
|---|
| November to January | The best window for most pruning, hedge reduction and tree removal. Few nests, but check hollows for bats |
| February | Early nesters begin. Check carefully, especially in cavities and dense evergreens |
| March to April | Nesting is underway. Work only after a thorough check, and expect delays |
| May to July | Peak nesting and the main bat summer period. Avoid non-essential work |
| August | Late broods and young birds still around. Check before every cut |
| September to October | A good window again, but check for late nests |
For farmland, separate rules ban hedge cutting from 1 March to 31 August under farm schemes, but those don't apply to ordinary garden hedges.
Nesting Season in Croydon
| Part of Croydon | What to expect |
|---|
| The wooded south (Purley, Kenley, Coulsdon, Sanderstead, Selsdon) | Woodland, commons and downland nearby, so more nesting birds and bats. Large mature trees and tall leylandii hedges are hard to check, so autumn and winter work is best |
| Shirley and the heath edge | Heavy tree cover and old oaks, with cavities that can hold bats and nesting birds |
| Upper Norwood and Crystal Palace | Large old gardens and veteran trees, with real bat and nesting-bird interest |
| Terraced streets (Addiscombe, Thornton Heath, Norbury) | Smaller gardens, but boundary hedges, front hedges and ivy are favourite nesting sites |
| Railway embankments and parks | Often rich in nesting birds. Network Rail and the councils manage these |
What We Do on Site
A "quick look" isn't a check. Here's what a proper nest check involves:
- Plan ahead. Where possible, schedule work for the autumn and winter.
- Look before we cut. A trained team member inspects the tree or hedge carefully, from several sides and at height where needed.
- Know the signs. Birds carrying nesting material or food, alarm calls, birds flying in and out of the same spot, droppings or feathers, and visible nests.
- Check dense areas in stages. Dense hedges, conifers, ivy and tree cavities can hide nests.
- Leave a buffer. If we find an active nest, we leave a protected area around it and work elsewhere.
- Stop and record. If we find a nest mid-job, we stop work in that area, note the location and photograph it.
- Return later. Once the chicks have fledged, we finish the job.
- Bats. We check cavities, loose bark and gaps for signs of bats. If we find or suspect a roost, we stop and take specialist advice.
If a tree or hedge is too dense, tall or tangled to check properly, we'll tell you honestly and recommend waiting for autumn or winter.
Common Situations
| Situation | What applies |
|---|
| Emergency tree removal or storm damage | Safety comes first. Limit the work to what's necessary, check as far as is safe, photograph everything and tell the council where relevant. See emergency tree work |
| Dead tree removal | Often urgent, but dead wood is prime habitat. Check first, and if it isn't an immediate risk, autumn may be better |
| Leylandii hedge cutting or removal | Dense conifers are a favourite nesting site and the hardest to check, so autumn or winter is best. See hedge cutting |
| Overhanging branches from a neighbour's tree | You may cut back to the boundary, but check for nests first. If the tree is protected, you can't cut without consent |
| Stump grinding | Stumps can shelter nesting birds, small animals and stag beetle larvae. We check first |
| A protected tree (TPO or conservation area) | Apply early, then carry out the work in the autumn or winter. Consent or notice is separate from wildlife law |
| Tree removal before building work | Nesting season can delay it, and so can a TPO or notice. Plan early |
What If You Find a Nest?
| Situation | What to do |
|---|
| You find an active nest before work | Don't start. Wait until the chicks have left, or take advice |
| You find a nest while cutting | Stop immediately, leave a buffer, and don't disturb it |
| You're not sure it's active | Assume it is, and watch from a distance for adult birds coming and going |
| Chicks have fallen out, or a nest has been damaged | Keep the area quiet, and contact a wildlife rescue or the RSPB for advice |
| You think someone is destroying nests | Report it to the police on 101, or 999 if a crime is in progress |
Don't move a nest. Moving or destroying an active nest is an offence, and it rarely works.
Bats and Tree Work
Many old trees, especially mature oaks, ash, beech and trees with cavities, loose bark or ivy, can hold bat roosts. If you see hollows, splits, droppings or bats leaving at dusk, stop and get specialist advice. Bat surveys are limited to certain times of year, which can affect timing.
How Nesting Season Affects Your Job
| Effect | What it means |
|---|
| Delays | Work may need to wait for chicks to fledge, sometimes several weeks |
| Partial jobs | We may do part of a job and leave a section |
| Cost | Return visits may add to the price. We'll tell you at the quote stage |
| Booking ahead | Autumn and winter are the easiest windows, so book early if the date is flexible |
| Ecologist reports | For big, sensitive jobs or very old trees, a specialist report may be needed, at an extra cost |
