Are Nesting Birds Protected? – A Developer Guide

Understanding whether nesting birds are protected is an important consideration for anyone progressing a planning application or preparing a site for construction. Across the UK, wild birds receive strong legal protection, and overlooking this can create unexpected delays for development projects.

For developers and landowners, the key risk is not usually the presence of birds themselves, but the potential to unintentionally commit an offence during site clearance or demolition. Early ecological advice helps ensure works proceed lawfully and without disruption.

Yes, wild birds, including common garden species, are protected under the Wildlife and Countryside Act 1981. The legislation prohibits intentionally killing or injuring birds, or damaging or destroying an active nest.

In practical terms, it is illegal to:

• Kill or injure a wild bird
• Take, damage or destroy the nest of any wild bird while in use
• Take or destroy an egg of any wild bird
• Disturb any wild bird while it is building a nest or caring for eggs or young

These protections apply to live or dead wild birds and their nests when active. The law is designed to safeguard birds during the most sensitive part of their lifecycle.

Nesting birds become a planning consideration where site works could affect habitats suitable for breeding. This commonly includes vegetation clearance, demolition of buildings, roof works and removal of trees or scrub.

Risk increases where a proposed development involves dense vegetation, mature trees or structures that could support a nesting bird. Even relatively small sites can trigger constraints if suitable habitat is present.

Importantly, the law focuses on active nests. Outside the breeding season, many sites can be cleared without constraint. However, timing must be carefully managed to avoid risk.

The main breeding season in the UK typically runs from March to August inclusive, although this can vary depending on weather patterns and species behaviour.

During this period, birds may be building a nest, a nest containing eggs may be present, or dependent young may still occupy the nest. Because timing varies year to year, there is no single “safe date” for vegetation clearance. Conditions on site should always be checked before works proceed.

If an active nest is identified during work, it must be left undisturbed until the eggs or young have fledged naturally. Attempting to destroy the nest at this stage could risk committing an offence under the legislation.

Typical responses include establishing a temporary exclusion zone, delaying works in the immediate area, or implementing ecological supervision of clearance activities. In most cases, these constraints are temporary, but they can affect tightly programmed development projects if not anticipated early.

With forward planning, nesting bird constraints are usually straightforward to manage. The most effective approach is to programme vegetation clearance outside the breeding season where possible.

Where this cannot be achieved, developers should consider:

• Pre-commencement nesting bird checks by a qualified ecologist
• Sensitive vegetation clearance under ecological supervision
• Phased removal of suitable habitat to reduce risk

This approach supports compliance while maintaining programme certainty.

It is also worth noting that the legislation includes limited exceptions where works are necessary to preserve public health. However, these situations are interpreted narrowly and should not be relied upon without specialist ecological advice.

Nesting bird issues rarely prevent development, but they can cause avoidable delay when discovered late in the programme. Local planning authorities increasingly expect ecological risks to be considered early in the planning process, particularly for sites with suitable habitat.

A Preliminary Ecological Appraisal will typically identify areas of potential risk and recommend proportionate measures. This allows developers to plan site works confidently and avoid last-minute disruption.

Professional ecological input ensures legal duties are met, risks are clearly understood, and the development programme remains on track.

Do all nesting birds receive legal protection?
Yes. In the UK, most wild birds are legally protected while nesting under the Wildlife and Countryside Act 1981. This protection applies regardless of how common the species may be. The key trigger is whether the nest is active — meaning it contains eggs or dependent young, or is in the process of being built or used.

Can vegetation be cleared during the bird nesting season?
Vegetation can be cleared during the breeding season, but only where appropriate checks confirm that no active nests are present at the time of works. Because birds can begin nesting quickly, developers often instruct a qualified ecologist to undertake a pre-commencement check immediately before clearance starts.

What should I do if birds start nesting on my site?
If nesting activity is identified, work in that specific area should pause and ecological advice should be sought. In most cases, a temporary buffer zone is established until the young have fledged. Once the nest is no longer active, work can typically resume without further constraint.

Is a nesting bird survey always required for planning?
Not always. The need for survey work depends on habitat suitability and the nature of the proposed works. Many Local Planning Authorities rely on Preliminary Ecological Appraisals to determine whether specific nesting bird checks or planning conditions are necessary.

How quickly can nesting bird constraints be resolved?
In many cases, constraints are short-term. Once eggs have hatched and young have naturally fledged, the nest is no longer protected and work can proceed. The key is early identification so that any delays can be managed within the project programme.

At Collington Winter Environmental, we advise developers and landowners on managing nesting bird constraints in a pragmatic and proportionate way.

From Preliminary Ecological Appraisals to pre-commencement checks and ecological supervision, our team provides clear guidance aligned with current legislation and planning authority expectations.

If you are preparing a site and need clarity regarding certain protected species constraints, such as those that exist for nesting birds, contact Collington Winter via email at info@collingtonwinter.co.uk or by filling out our enquiry form above today for practical, project-focused advice.